HomeMy WebLinkAbout00-07170
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PENNSYLVANIA STATE BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. to ~ '7 I 70
Cu;J
TIMOTHY M. SCHENK and HEATHER L. SCHENK : CIVIL ACTION - LAW
Defendants : IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN 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 MAYBE 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 OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
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PENNSYLVANIA STATE BANK
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
TIMOTHY M. SCHENK and HEATHER L. SCHENK
Defendants
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
The Plaintiff, PENNSYLVANIA STATE BANK, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this
action of Assumpsit against the Defendants, TIMOTHY M. SCHENK and HEATHER L. SCHENK, to recover the sum of
FOUR HUNDRED EIGHTY-TWO THOUSAND, NINETY-FIVE DOLLARS AND FORTY-NINE CENTS ($482,095.49),
along with interest thereon at the rate of SEVEN AND THREE-QUARTER (7.750%) PERCENT per annum and a per diem
of$90.11040, from October 16,2000, plus attorneys' fees upon a cause of action of which the following is a statement:
1. The Plaintiff, PENNSYLVANIA STATE BANK, is a corporation organized and existing under the laws of
the Commonwealth of Pennsylvania, having its business office and a place of business at 91 Cumberland Parkway,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The Defendant, TIMOTHY M. SCHENK, is an adult individual residing at 1210 Musket Lane,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The Defendant, HEATHER L. SCHENK, is an adult individual residing at 1210 Musket Lane, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
4. Defendants did apply to Plaintiff for a commercial loan, and Plaintiff did grant to Defendants a commercial
mortgage loan in the amount of Four Hundred Thirty Thousand ($430,000.00) Dollars per the Commitment Letter dated
September 1, 1999, a true and correct copy of which is attached hereto, marked as Exhibit "A" and made a part hereof.
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5. On or about October 5, 1999, in order to secure the loan applied for as aforesaid, Defendants did execute a
Mortgage securing property as referenced in Deed Book 110, Page 48, in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, to Plaintiff, in the amount of Four Hundred Thirty Thousand ($430,000.00) Dollars, with
interest thereon. A true and correct copy of said Mortgage is attached hereto, made a part hereof, and marked as Exhibit "B".
6. In order to further secure said loan, on or about October 5, 1999, Defendants did additionally execute a
Promissory Note in the amount of Four Hundred Thirty Thousand ($430,000.00) Dollars. A true and correct copy of said
Promissory Notice is attached hereto, marked as Exhibit "C" and made a part hereof.
7. In order to further evideuce the aforesaid loan, a true and correct copy of the Business Loan Agreement
executed by the Defendants is attached hereto, made a part hereof, and marked as Exhibit "D".
8. On or about October 5, 1999, the Defendants further executed on Plaintiff's behalf a Commercial Security
Agreement, a true and correct of which is attached hereto, marked as Exhibit "E" and made a part hereof.
9. Defendants have defaulted on the payment terms of the aforesaid Mortgage and Note, and are indebted to
Plaintiff in the principal amount of Pour Hundred Twenty-Four Thousand, Three Hundred Ninety Dollars and Seventy-Four
Cents ($424,390.74).
10. Due to Defendants' default in the payment terms as aforesaid, interest has accrued to the amount of Eleven
Thousand, One Hundred Seventy-Three Dollars and Sixty-Nine Cents ($11,390.69) as of October 16,2000, and continues to
accrue at the rate of Seven and Three-Quarter (7.750%) Percent per annum from October 16, 2000.
11. Due to Defendants' default in the payment terms as aforesaid, late charges have accrued to the amount of Two
Thousand, Seven Hundred Four Dollars and Twenty Cents ($2,704.20), and continue to accrue.
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12. Due to Defendants' default in the payment terms as aforesaid, and pursuaut to the terms and conditions as set
forth in the loan documents, more particularly in the Promissory Note hereinabove referenced as Exhibit "C" attached hereto
and made a part hereof, Defendants are further liable for attorneys' fees in the amount of Forty- Three Thousand, Eight Hundred
Twenty-Six Dollars and Eighty-Six Cents ($43,826.86).
13. The balance due and owing by Defendants to Plaintiff is the sum of Four Hundred Eighty-Two Thousaud,
Ninety-Five Dollars and Forty-Nine Cents ($482,095.49), plus interest at Seven and Three-Quarter (7.750%) Percent per annum
from October 16,2000.
14. As this is a commercial loan for commercial real estate as set forth in all Plaintiffs documents, no Act 6 and
Act 91 Notices are required.
15. Plaintiff has frequently demanded payment from Defendants of said amount due and owing asaforesaid, but
Defendants have refused and neglected and still refuse and neglect to pay said amount of any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of Four Hundred Eighty-Two Thousand,
Ninety-Five Dollars and Forty-Nine Cents ($482,095.49), together with interest thereon at the rate of Seven and Three-Quarter
(7.750%) Percent per annum from October 16, 2000.
Respectfully submitted,
Robert D. Kodak
407 North Front Street
Post Office Box # 11848
Harrisburg, P A 171 08-1848
(717)238-7151
Attorney ID No. 18041
Attorney for Plaintiff
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, July'I,1999
Timothy M. Schenk
Heather L. Schenk
1201 Musket Lane
Mechanicsburg, PA 17055
. 2148 Marker Streer
P.O. Box 487
Camp Hill, PA 17001-0487
717-731.7272
RE; 5303 E. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania
Dear Timothy and Heather:
We are pleased to inform you that, subject to the terms and conditions of this letter, Pennsylvania State
Bank (hereafter the "Lender") has approved your request for a commercial mortgage in the amount of
$430,000 (hereafter the "Loan"). The Loan and this Commitment are subject to statutory and other
requirements governing Lender and your present and future compliance with all terms, conditions,
covenants and provisions of this commitment. The basic terms and conditiollS of this Commitment are as
follows;
Borrowers - The Borrowers on this Loan will be Timothy M. Schenk and Heather L. Schenk (hereafter the
"Borrower").
Amount of Loan and Pumose - The Loan will be in the amount of $430,000. The proceeds of the Loan
shall be used to refinancing existing first mortgage with PNC Bank. $30,00.00 of loan proceeds to be
escrowed until new residence is acquired. Escrow account to be maintained at Pennsylvania State Bank.
Interest Rate - The interest rate for the Loan will be seven and three quarters percent (7.75%) per annum for
a term offive (5) years from the date of the settlement of the Loan (hereafter "Fixed Rate"); and thereafter,
at a rate as offered by the Lender in it's sole discretion. If Lender chooses not to offer a fixed rate or the
Borrower does not accept the rate, if any, as offered by the Lender, the Loan will revert to one percent
(1.00%) above Pennsylvania State Bank's Base Lending Rate (hereafter called "Floating Rate").
Pennsylvania State Bank's Base Lending Rate is currently 8.00% and is subject to change at anytime.
Default Interest Rate - In the event of default for which Lender does not accelerate the Loan, including the
failure of borrower to provide the financial statements as required hereunder or under the loan agreement,
the applicable interest rate to the Loan for a period beginning three (3) days after written notice of such
default and ending upon the curing of said noticed default, shall increase one quarter of one percent (.25%)
for the first thirty (30) days of said default and increase an additional one quarter of one percent (.25%)
during each thirty (30) day period thereafter during which the noticed default continues. Such default
interest rates shall apply to the outstanding principal balance of the Loan. Upon the curing of the noticed
default, the interest rate on the Loan shall revert to the initially agreed-upon interest rate effective on the
date on which the default is cured.
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Loan Term and Repavment - MontQly principal and interest payments will be calculated ,based upon a
twenty (20) year amortization schedule, but with a five year call provision. That is, Lender, at it's sole and
absolute discretion, may declare the unpaid balance of the Loan due and payable in full at any time after
five (5) years.
During any "Floating Rate" period, the interest rate will be adjusted when and as said Base Lending Rate
changes. The monthly payments of principal and interest shall be recalculated and adjusted quarterly based
on any change in the base rate providing the Lender reserves the right to change more frequently than
quarterly if necessary to avoid negative amortization. The adjustment in the principal and interest payment
shall be based upon the following: (1) Pennsylvania State Bank' Base Lending Rate plus one percent
(1.00%); (2) the principal remaining unpaid, and (3) the remaining amortization term of the Loan.
There will be a late charge on any payment made more tlian 15 days after it is due equal to ten percent
(10%) of the amount of the payment or $50.00, whichever is less.
Prepavment - If for any reason you should prepay the Loan during the initial fixed rate term(s), a
prepayment penalty shall be invoked equal to two percent (2%) of any amount prepaid.
Title to Real Estate - Title to the real estate will be in the names of Timothy M. Schenk and Heather L.
Schenk.
Real Estate Taxes - Real estate taxes on the property must be paid to date and the receipts presented at the
Loan closing.
Collateral - The Loan shall be secured by a first mortgage on the real estate located at 5303 E. Trindle Road,
Mechanicsburg, Cumberland County, Pennsylvania and all present and future improvements erected
thereon and placed therein.
Assignment of Leases - You shall assign to Lender all of your rights and interest in the lease agreement on
the property effective immediately but operative only in the event of default. All lease agreements and form
of lease used by landlord shall be subject to the Lender's approval.
Appraisal - A satisfactory appraisal on the real estate, prepared by an appraiser to be accepted by the
Lender, must be submitted to Lender prior to closing. The appraisal must show a minimum value of
$575,000.00. ,
Subordination Agreement - This Loan is subject to a subordination agreement to be signed and filed of
record from Kenneth E. Schenk.
Banking Relationship - You shall maintain your primary deposit account relationship with Pennsylvania
State Bank.
Title Insurance - At the Loan closing you must provide a title insurance policy in the full amount of the
Loan, issued by a company satisfactory to Lender. Such title insurance shall insure the Lender's mortgage
as first lien. Standard Pennsylvania endorsements 100,300 and 710 are required.
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Casualty and Liability Insurance - You must.provide Lender with an insurance policy providing satisfactory
coverage on the property against the perils of fire, extended coverage, vandalism, malicious mischief, and
public liability. Lender shall be named mortgagee on the policy and coverage must be maintained in force
until the Loan is paid in full.
Flood Insurance - If the property to be subject to this mortgage is located in a flood hazard area, prior to the
mortgage closing, you must provide Lender with a flood insurance policy providing at least $430,000.00 or
the maximum amount of flood insurance coverage aVl\ilable. Pennsylvania State Bank must be named as
first mortgagee.
Environmental Compliance - You are responsible for compliance with all federal and state environmental
laws, regulations and requirements and shall provide evidence of such compliance satisfactory to the Lender
prior to the Loan closing and shall continue such compliance throughout the term of the Loan. Evidence of
compliance may include, but is not limited to, the completion of an environmental questionnaire or
execution of affidavits confirming reasonable investigation and compliance to be provided by Lender.
Financial Statements - You must provide updated financial information annually as required by Lender,
including but not limited to signed copies of personal financial statements and tax returns prepared by an
accountant acceptable to the Lender within 120 days from the end of each fiscal year throughout the life of
the Loan.
Loan Documents. You agree to execute loan documentation, including but not limited to a mortgage, loan
agreement, pledge or assignment, note arid UCC-l's covering subject premises, present improvements and
all future improvements. All documents shall be prepared by Lender or its appointed counsel and shall be
in form and substance satisfactory in all respects to Lender and its counsel. The terms and conditions of this
commitment letter shall survive the execution of the loan documents and shall continue in force until the
Loan is paid in full. This commitment letter is not meant to be all inclusive and as such the Loan documents
will contain such other language covering terms and conditions which the Lender or its counsel deem
appropriate for this type of transaction.
Costs and Fees - Upon acceptance of this offer, you agree to pay Pennsylvania State Bank a non-refundable
application fee of $1,075.00, payable at settlement. A separate service charge of $1,075.00, a $200.00
document preparation fee and a $17.00 flood insurance certification fee will also be collected at settlement.
In addition, you agree to pay all other closing costs and fees including charges for title examination,
insurance, surveys, recording fees, underwriting fees, express mail fees, legal fees, appraisal fees, credit
check fees and any other fees which may be required to complete this transaction.
Covenants and Oblil!:ations - It is understood and agreed: that all covenants and obligations hereunder shall
survive the execution of the Loan and other related documents and shall continue to remain in full force and
effect until your obligations have been paid in full according to the terms of the Note and related
documents; that there are no other agreements; and that any modifications of this commitment shall be in
writing and agreed to by all parties thereto.
This Commitment Letter and the Loan are based upon your present and continuing financial condition and
upon the representations, warranties, statements and information given to Lender. Lender reserves the right
to withdraw this commitment should, in the Lender's sole opinion, your financial condition deteriorate, or
should any of the representations, warranties, statements or information be inaccurate, incomplete or subject
to change. The commitment may not be assigned or any rights hereunder transferred without prior written
consent of Lender.
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We hope these terms and condition& are satisfactory to you. If so, please acjcnowledge acceptance of the
terms and conditions of this commitment by executing the original of this letter and returning it to Lender.
This commitment will expire unless accepted on or before July 15, 1999 and' closed on or before July 29,
1999.
Very truly yours.
PENNSYLVANIA STATE BANK
f-c{/1.I. fM.\..
R. Alan Patton
Vice President - Lending
enc: Environmental Questionnaire
The above-stated terms and conditions, as per commitment letter dated July, 1, 1999, are accepted and
agreed upon. '
BORROWERS:
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Heather 1. Schenk
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RECORDATrON REQUESTED BY:
Pf.~NSYLVANIA STATE BANK
9fCumberland ParkWay
Mechanlcsburg, PA 17055
nO",,;'T f". ZIEGLER'
ReCORD::" OF DEEDS
CUMBERLAND COUtHY - PA
'99 OCT 5 PI'I 3 27
WHEN RECORDED MAIL TO:
PENNSYLVANIA STATE BANK
2148 Markel Street
P.O. Box 487
Camp HIli, PA 17001-04&7
SEND TAX NOTICES TO:
Tlmolhy M. Schenk and Heather L. Schenk
1201 Musket Lane
Mechanlcsburg, PA 17055
SPACE ABOVE THIS LINE 15 FOR RECORDER'S USE Om. y
MORTGAGE
THIS MORTGAGE IS DATED OCTOBER 5, 1999, between Timothy M. Schenk and Heather L Schenk, whose
address is 1201 Musket Lane, Mechanicsburg, PA 17055 (referred to below 88 "Grantor"); and PENNSYLVANIA
STATE BANK, whose address Is 91 Cumberland Parkway, Mechanicsburg, PA 17055 (referred to below as
"Lender").
GRANT OF MORTGAGE. For valuable conslderallon, Grantor grants, bargains, sells, conveys, assigns, transters, releases, confirms and
mor1gages to Lender all 01 Grantor's right, litle, and Inlerestln and 10 the following described real property, together wUh an exlsllng or subsequently
erected or affixed buildings, Improvemenls and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties,
privllages, tenemenls, hereditaments, and appurtel'l8.nces thereunto belonglng or e,nywise made appurtanant herea<<er, and the rel/ersions aoo
remainders wllh respect Iherato; all waler, water rights, watercourses and ditch rlghls (Including slock in ulllilies wllh ditch or lrrigaUon rlghls); and all
olher rlghts, royallies, and proms relaUng 10 the real property, Including wllhout limitation all mInerals, 011, gas, geothermal and similar mailers, located
in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"):
5303 E. Trindle Road, Hampden Township, Cumberland County, Pennsylvania as further described in
Exhibit "A" attached hereto and by this reference made a part hereof.
The Real Property or its address Is commonly known as 5303 E. Trindle Road, Mechanicsburg, PA 17055.
Grantor presenl1y assigns to Lender all of Grantor's right, lilIe, and Interesl in and to all leases of the Property and all Rents from lhe Properly. In
addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Renls.
DEFINITIONS. The following words shall have the following meanings when used In this Mortgage. Terms nol' olherwise defined in Ihis Mar/gage shall
hal/e the meanings allrlbuted to such terms In the Uniform CommercIal Code. All references 10 dollar amounls shall mean amounls In lawful money of
lMe Unlled Stales 01 America.
Grantor. The word "Granlor" means Timothy M. Schenk and Heather L. Schenk. The Granlor Is the mor/gagor under this Mar/gage.
Guarantor. The word "Guarantor" means and !neludes wilhoull!mllation each and all of the guarantors, surelles, end accommodation par/ies In
connection with the Indebtedness.
Improvements. The word "Improvements" means and Includes without limitation all exislfng and future Improve men Is, buildings, struclures,
mobile homes affixed on the Real Property, lacllllles, addmons, replacemenls and other construction on the Real Properly.
Indeb\edness, The word "Indebledness" means a NoIe irom Timolhy M. Scherok and Heather L. Scnenk dated October 5, 1009. In addltion to
Ihe Note, the word "Indebtedness"lneludes aU obl1gatlons, debts and liabilities, plus interest thereon, of Grantor to Lender, or anyone or more of
lhem, as well as all claims by Lender against Granlor, or anyone or more of them, whether I'IOW existing or hereafter arising, whether related or
unrelaled to Ihe purpose 01 the Nole, whether voluntary or olherwise, whelher due or n01 due, absolUle or contingenl, liquidated or unliquidated
and whelher Granlor may be liable Individually or Jointly with others, whether obligated as guarantor or otherwise, and whether recovery upon
such Indebtedness may be or hereafter may become barred by any statule of limllallons, and whether ~uch Indebledness may be or hereafter
may become otherwise unenforceable.
Lender. The word "Lender" means PENNSYLVANIA STATE BANK, its successors and assigns. The Lender is the mortgagee under this
Mortgage. I
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, and includes wlthol,lllimitation all assIgnments and securily
\n\eresl provls\ons relallng \0 \he Personal Property and R.enls.
Note. The word "Nole" means the promIssory nole or credit agreement daled October 5, 1999, In th~ original principal amount of
$430,000,00 from Gran\or \0 Lender, together w\\h all rernlwa\s of, oxtens\ons of, rno-cl\l\calkms of, '~{\anclngs 01, consolldatlons of, and
subsliluUons lor the promissory nole or agreement. The maturity date of tl1ls Mortgage Is October 5, 2019.
Petsonal Ptoper~. The. words ~Persone.l Property" mean all equipment, flxtUres, and ather articles of D9lisOl1a1 properly noW or hereafter owned
by Granlor, and now or hereafter allached or affixed 10 the Real Property; togelher with all accessions, parIs, and additions 10, all replacements 01,
and all substltullons for, any of such property; and 10gether"w1lh all proceeds (Including wllhoulllmllallon all insurance proceeds and refunds of
premiums) from any sale or other d\spO!l\\\on of the Propert')i~
Proper1y. The word "Property" means collecllvely"lhe Real Properly and the Personal Property.
Real Property. The words "Real Property" mean the properly, interesls and rIghts described abol/e in lMe "Granl ot Mortgage" section.
Relllted Documents. The words "Related Documents~ mean amf include 'wilhout limitation all promissory noles, credit agreements, loan
agreements, env\ronmeTlla\ agleemonls, guaranlles, S9CI.lT\Iy agreamanls, mortgages, deads of Irust, and all otMr Inslrumenls, agreemenls and
documents, whelher now or hereafter exisl1ng, executed in connecllon wllh the Indebledness.
Rents. The word "Rents" means all present and Mure rents, rel/enues, Income, lssues, royallies, proflls, and other benefils derived from the
Properly.
THIS MORTGAGE, INCLUOING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN "THE REN.TS AND PERSONj\L PROPERTY, IS
GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS
MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE 18 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in Ihis Mar/gage, Grantor shall pay 10 lender all amounts secured by Ihls Mortgage
as they become dUe, and shall slrlcl1y perform all of Grantor's Obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use oflhe Property shall be governed by lhe
following provisions:
Possession and Use. Unm in delaull or unllllender exercises lis righl to conec\ Rents as provtded lor In the Asslgnmen\ of Rents torm (l)(ecu\ed
by Grantor in connection with Ihe Property, Granlor may remain in possessIon and conlrol of and operate and manage the Property and collect
the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Prop
necessary 10 preserve Its vatue.
Hazardous Sub~tances. The lerms "hazardous w
Mortgage, shall have the same meanIngs as set lor/
amended, 42. U.S.C. Seclion 9001, e\ seq. f'CER '. ,"
("SARA"), the Hazardous Malerlals Transpor/alion A
Section I';Qn1 ,,' ~<>" ", "',"". ~__<:_n'--I~ _"L
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romplly perform all repairs, replacemenls, and malnlenance
sam:! S 7 5 1,;G" 2'1
Isposal,~ "release, an'a "fhreall!ned release," as used in this
enlal Response, Compensallon, and liability Act of 1980, as
n\$ and Reau\horizaliofl Act cl 19B6, Pub. L. No, 9<3-499
~Q.. lhe Resource ConSf'fviltinn ilnrl RAr:ow'rv /lr! ~? II c: ('
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10-05-1999
Loan No 64000136
MORTGAGE
(Continued)
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"hazardous waste" and "hazardous substance" shall also Inctude, without UlTlllalion, petroleum a"nct petrOleum by-prOducts or any fraction thereof
and asbestos. Grantor represents and warrarns \0 Lende, thai: (a) During Ihe period 01 Granlor's ownership 01 Ihe Property, Ihere has been no
use, generation, manufaclure, slorage. treatment, disposal, release or threatened release 01 any hazardous waste or substance by any person on,
under, about or Irom Ihe Property; (b) Granlor has no knowledge of, or reason 10 beJleve Ihat there has baan, except as previously dIsclosed 10
and acknowledged by lander in writing, (J) any use, generation, manufacture, slorage, lreatment, disposal, release, or Ihrealened release of any
haurdous waste or subslance on, under, about or from the Property by any prior owners or occupants of the Property or (ii) any actual or
threatened "liga\\on or claims oj al\Y kil\d by any person rela\\1\Q to such maltats; aod (c) mapl as pTevious~y disclosed 10 and aCknowledged by
lender in wriling, (i) neither Grantor nor any tenant, contractor, agenl or other aulhorlzed user ollhe Property shall use, generate, manufacture,
store, treal, dispose of, or release any hazardous wasle or substance on, under, about or from the Properly and (ii) any such activily shall be
conducled in compliance with an applicable federal, state, and local laws, regUlations and ordinances, inclUding wilhout limitation those laws,
regulallons, and ordinances described above. Grantor authorizes lender and lis agents 10 enter upon the Property to make such inspections and
tests, at Grantor's e~ense, as Lender may deem appropriale \0 dalatmine compliance cllhe Property w\\h this section 01 Ihe Morlgage. Arty
inspections or tesls made by lender shalf be lor lender's purposes only snd shaft not be construed to creale any responsibility or liability on the
part of lender 10 Granlor or fo any other person. The representations and warranties contained herein are based on Granlor's due diligence in
invesJlgaling Ihe Property for hazardous waste and hazardous substances. Granlor hereby (a) releases and waives any future claims against
lender for indemnity or contribution in lhe event Granlor becomes liable for cleanup or olher costs under any such laws, and (b) agrees 10
lndemruflj 8t1d hold M.rm\ess Lender a'ijalns\ any and all ClaIms, 1,9sses, "abllities, damages, panalUas, and expenses which Lender may directly I,}\"
indirectly sustain or sutler resulting Irom a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture,
storage, disposal, release or threatened release of a hazardous wasfe or substance on the propertJes. The prOVisions of this seclion of Ihe
Mortgage,lncluding the obligation to Indemnify, shall survive the payment of the Indebtedness and the sallsfaction and reconveyance of the lien of
this Mortgage and shall not be aHecled by lender's aoquisilfon 01 any In!erest in the Property, whether by foreclosure or othetWise.
Nuisance, Wasle. Granlor shall nol cause, conducl or permi! any nuiliance nor commit, permit, or sutler anY,Slripping 01 or waste on or 10 Ihe
Property or any portion of the Property. WithoutlimiUng Ihe generality Of Ihe foregoing, Granlor will not remove, or grant to any olher party the
right 10 remove, any Umber, minerals (Including oil and gas), soil, gravel or rock products without the prior written consent 01 lender.
Removal or Improvements. Grantor shall not demolish or remove any Improvemenls from the Real Properly withoutlhe prior written consent of
lender. As a condition to the removal 01 any Improvements, lender may require Grantor 10 make arrangements satisfaclory to lender to replace
such Improvements with Improvements 01 at least equal value.
Lender's Right to Enter. Lender and ils agents and representatives may enter upon the Aeal Property at all reasonable limes to attend to
lender's inlerests and to inspect the Property for purposes 01 Granlor's compllance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations. now or hereafter in
eHect, of all governmental authorilles ap~Jicable to the use or occupancy of Ihe Properly, Including withoul limitation, lhe Americans With
DisabflWes Act. Grantor may conlest In good faith any such law, ordinance, or regUlation and wflhhold compliance during any proceeding,
jncluding appropriate appeals, so long as Gran\or has notified Lander In Wlilil\Q prior \0 doing so and so long as, in Lender's sole opinion,
lender's interests in Ihe Property are nol jeopardi2ed. lender may require Grantor 10 post adequale security or a surety bond, reasonably
satisfactory 10 lender, 10 prolectlender's interest.
Duty to Protec!. Granlor agrees nellher 10 abandon nor leave unallended the Property. Granlor shall do all other acls, in addition to those acls
set lorth above in this section, which trom Ihe character and use ollhe ProperlY are reasonably necessary 10 protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, allts option, declare Immediately due and payable aU sums secured by lhts Mortgage upon the
sale or transfer, wlthout the lender's prior written consent, of all or any parl of the Real Property, or any interest In the Real Property. A "sale or
transfer" means the conveyance 01 Real Properly or any right, title or interest therein; whether legal, beneficlat or equitable: whether voluntary or
involuntary; whether by outright sale, deed, Installment sate contract, land contracl, contract for deed, leasehold Interest with a lerm greater lhan three
('3) yea,fs, leaw-opUon cont(act, or by sale, assignment, or tfansler 01 any beneliclal Interest in or to any land tfUsl holdlnQ mle to lhe Real Properly, or
by any olher method 01 conveyance of Real Property Interest. If any Grantor is a corporation, partnership or limited liability company, transler also
includes any change in ownership 01 more than twenflj-five percent (25%) of the voting stock, partnership interests or limited liability company interests,
as the case may be, of Grantor. However, Ihis option shall nol be exercised by lender If such exercise Is prohibited by federal law or by PennSylvania
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TAXES AND LIENS. The lollowing provisIons relating to the _\a}(es and liens on the Property are a part of this Mortgage.
Payment. Grantor shall pay when due (and in all events prior to delinquency) ait laxes, payroll taxes, speCial taxes, assessments, water Charges
and sewer service charges levied against or on account 01 lhe Property, and shall pay when due all claims lor work done on or lor services
rendered or material furnished to Ihe Property. Grantor shall maintain the Property Iree of all liens' having priority over or equal 10 the interest of
Lendei" undei" this Mortgage, except for the Uen of ~ and assessments not due, and e'J:Cept as olherwise prOlilclad in the {Ollowlt\g paragraph,
Right To Contest. Grantor may withhold payment 01 any tax, assessment, or claim in connection with a good faith dispute over the obligallon to
pay, so loCI'ij as Lender's interest in the Property is not jeopardized, II a liEm arises Q( is tiled as a result of nonpayment, Gcantor st\a.U within {ittaElfl
(15) days after the Hen arises or, if a lien Is Diad, within fifteen (15) days after Grantor has notice 01 the filing, secure Ihe discharge of the lien, or it
requested by lender, deposll with lender cash or a sufficient corporate surety bond or other security salisfactory to lender in an amount sufficienl
10 discharge Ihe Uen plUS any cosls and attorneys' lees or other charges Ihal could accrue as a result 01 a toreclosure or sale under Ihe lien. In
any contest, Grantor shall defend Usell and lender and shall sallsiy any adverse judgmenl before enforcemenl against the Properly. Grantor shall
naffiQ Lender as an additional obUgee Ufldec any surety bond furnished in the contest proceedings.
Evtdence 01 Payment. Grantor shalt upon demand lurnlsh 10 Lender satlsfllclory evidence of payment 01 the taxes or assessments and shall
authorize. the appropriate governmental official to detlver 10 Lender at any time a written statament of the taxes and assessments against the
Property.
Notice of Conskucllon. Grantor shall notify lender alleasl Dfleen (15) days belore any work is commenced, any services are lurnished, or any
materials are supplied 10 Ihe property, II any mechanic's lien, materialmen's lien, or other Uen could be asserled on account 01 the work, services,
or materials. Granlor will upon request of lender lurnlsh 10 lender advance assurances satisfactory to Lender that Grantor can and will pay the
cost 01 such Improvements.
PROPERTY DAMAGE INSURANCE. The lollowing provisions relating to insuring the Property are a pari 01 this Mortgage.
Matntenance of Insurance. Granlor shail procure and maintain policies or fire Insurance with standard exlended coverage endorsements on a
replacement basis for the lull insurable value covering aU Improvements on the Real Property In an amounl sufficient to avoid application 01 any
coinsurance clause, and with a standard mortgagee clause in lavor at lender. Granlor shall also procure and ma'lnlain comprehensive general
liability insurance in such coverage amounts as lender may requesl with lender being named as additional insureds in such liability insurance
policles, Additionally, Grantor shall malntain such olher insurance, including but nolllmited to h~rd, busIness interrupllon and boiler Insurance
as lender may reqUire. Policies shall be written by such insurance 'companies and In such form as may be reasonably acceptable to Lender.
Granlor shall deliver to lender certificates 01 coverage from each Insurer containing a stipulation that coverage Will not be cancelled or diminished
withoul a minimum ollen (10) days' prior wriUen nolice \0 Lender and not containIng any dIsclaimer 01 the insurer's liablUty for la"ufe \0 give such
notice. Each insurance policy also shall Include an endorsemenl providing that coverage in favor of lender will not be impaired In any way by any
act, omission or default ot Grantor or any other person. Should the Aeal Property at any time become located in an area designated by the
Director of the Federal Emergency Management Agency as a special Ilood ha2ard area, Grantor agrees to obtain and maintain FedefSj Flood
Insurance lor the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to lhe maximum polley limils set
under Ihe Nallonal Flood Insurance Program, or as olherwise required by lender, and to maintain sllch Insllrance lor the lerm ot Ihe loan.
Appllcallon 01 Proceeds. Grantor shail prompUy nollly lender 01 any loss or damage to the Property. Lender may make proof of loss if Granlor
tails to do so w\\hin l\fleen ('5) days 01 Ihe casualty. Whelher or no\ Lender's secur\\y is impaired, Lender may, al lIs eleclion, apply Ihe proceeds
10 the reduction of the lndebtednass, payment 01 any lien affecting the Properly, or the restoration and repair ollhe Property. if lender elecls to
apply the proceeds to restorallon and repair, Grantor shalt repair or replace the damaged or destroyed Improvemenls in a manner satisfactory to
lender. lender shall, upon satislactory proof of such expenditure, payor reimburse Grantor,lrom tne'proceeds for the reasonable casl of repair
or restoration j/ Grantor Is not in delaull under lhis Mortgage. Any proceeds which have nol been disbursed within 180 days after their receipt and
which lender has nol comml\ted \0 Ihe fepa\( or res\ora1\on 01 lhe Properly shall be used nfsl \0- pay any amount owing 10 lender untie, this
Mortgage, then to pay accrued Interest, and the remainder, if any, shall be applied 10 the principal balance of Ihe indebtedness. Jf Lender holds
any proceeds after payment In lull ollhe Indebtedness, such proceeds shalt be paid to Grantor.
Unexpired Insurance at Sale. Any unexpired Insurance shall Inure to the benefil 01, and pass to, the purchaser of fhe Property covered by this
foJortgage at any truslee's sale or olher sale held under the proVIsions of this Mortgage, or at any foreclosure sale of such Property,
Grantor'S;,Report on Insurance. Upon request of lender, however not more than once a year, Grantor shall furnish to lender a reporl on each
exi~!ing pollcy 01 Insurance showing: fR\ the name of the insurer; (b) the risks insured; (c) Ine amounl ot the polley: (d) Ihe properly InSUled, Ihe
lhen current replacement value 01 SL roperty, and lhe manner or determining that value j (e) the eXpiration dale of the pOlicy, Grantor
shalf, upon "equesl allender, have an ,ndependenl appraiser salisfaclory to Lender delermint;. d cash value replacement cost ot tne Property
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~oan No 64000136
MORTGAGE
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EXPENDITURES BY LENDER. Jl Grantor fails to comply wlth any provision of this Mortgage, or if any aclion or proceeding is commenced lhaf woulc
malerially aflecl Lender's interasls in the Property, Lender on Granlor's benal! may, bul shan not be required 10, take any aclion that Lender deemf
appropriate. Any amount that Lender expends, in so doing will bear inlerest at the rate provided for in the Note from the date Incurred or paid bj.
Lender to the date 01 repaymenl by Grantor. All such e):penses, at Lender's opllon, wlU (a} be payable an demand, (b) be added lo the ba.lance 01 tilE
Note and be apportioned among and be payable wllh any installment payments to become due during either (i) the term 01 any applicable insurance
policy or (il) the remaining term or the Note, or (c) be treated as a balloon payment which will be due and payable al the Note's maturity. This
Mortgage also wm secure payment of lhese amounts. The rights provided lor In Ihis paragraph shall be in addillon to any other rights or any remedies
to which lender may be enlllled on account of the default. Any such action by Lender shall not be construed as curing Ihe defaull so as 10 bar Lender
from any remedy that it otherwise would have had. Grantor's obligation to Lender 1m all such. expenses shall sUf'Jive 1h9 entry 01 any mortgage
loreclosurejudgmenl.
WARRANTY; DEFENSE OF TITLE. The lo<<owing preVisions relating to ownership ollhe- Properly are a parI of Ihis Mortgage.
Tille, Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear ot all liens and
encumbrances olner th.e.n those set lortl\ in th.e Real PreP9T\y description 01 \n any tllle Insurance policy, l\\le report, or final \ille opinion issued in
favor aI, and accepled by, lender in connection with this Mortgage, and (b) Grantor has the full righi, power, and authority 10 execute and deliver
this Mortgage to Lender.
Defense 01 TIlle. SUbject to the exceplion in the paragraph al;!O"e, Grantor warrants and will forever defend the tille to the Property against the
lawlul claims of all persons. In the event any aclion or proceeding Is commenced that questions Grantor's lille or the interest 01 Lender under Ihis
Mortgage, Granlor shall defend the acllon at Granlor's expense. Grantor may be the nominal party in such procoeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Granlor will deliver, or
cause to be delivered, 10 Lender such ir.struments as Lender may requesllrom lime \0 lime to permit such participalion.
ComplIance With Laws. Grantor warrants Ihat Ihe Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations 01 governmental authorilies, Including wi\houl lImita\ion all applicable environmen\allaws, ordinances, and legulations,
unless otherwise specificallY excepted in the environmental agreement executed by Grantor and Lender relaling to the Property.
CONDEMNATiON. The tollowing provisIons relating \0 condemnahon 01 the Property are a part of \ni$ Mortgage.
Application at Net Proceeds. If aU or any part of Ihe Property is condemned by eminent domain proceedings or by any proceeding or purchase
In lieu ol condamnalion, Lender may a\ lis eleclion require that all or any panion of Ihe n~t proceeds of Ihe award be applied to the lndebiedness
or the repair or resloration of the Property. The net proceeds of the awerd shall mean the award after payment of all actual costs, expenses, and
attorneys' fees incurred by lender in connection wllh Ihe condemnation.
Proceedings. It any procaedlng In condemnation Is filed, Grantor shall promptly notify Lender in wrillng, and Grantor shall promptly take such
steps as may be necessary 10 defend the acUon and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be
enliUed to participate in the proceeding and to be represented In the proceeding by counsel of lis own choice, and Grantor will deliver or cause to
be delivered to lendfilr such instruments as may be requested by itflOm lime to lime to permit such participation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, faes
end charges are a part of lhis Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addillon to this Mortgage and take
whatever other action Is requested by Lander to perfect and conUnue lender's lien on Ihe Real Property. Grantor shall reimburse Lender for all
taxes, as described below, together with all expenses incurred in recording, perfecling or continuing Ihis Mortgage. including wilhoutlimitalion aU
taxes, lees, documenfary stamps, and olher charges for recording or registering this Mortgage.
TtlXes. The following shall conslilute taxes to which Ihis secUon applies: (s) a specific tax upon this type 01 Mortgage or upon all or any part of
Ihe Indebtedness secured by Ihis Mortgage; (b) a specific lax on Granlor which Grantor is authOrized or required to deduct from payments on the
Indebtedfless s8Cllied by 1\liS type 01 M0ft9age; {c) 8. lax on thi$ type 01 Mortgage chargeable. against the ~ender or the holder ollha Nola:; and
(d) a specific tax on all or any portion of the tndebtedness or on payments of principal and interest made by Grantor.
Subsequent TtlXes. If any lax 10 which thJs section applies Is enacted subsequent to Ihe dat~ of this Mortgage, Ihis event shall have the same
eHect as an Event of Defaull (as defined below), and Lender may exercise aoy or all 01 its available remedies lor an Event of Defaull as provided
below unlass Granlor either (a) pays the lax before It becomes delinquent, or (b) contests the tax as provided above in the Taxes and Liens
seclion and deposits with Lender cash or a sufficient corporate surely bond or other security salisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The follOWing provisions relating to Ihis Mortgage as a security agreement are a part 01 this
Mortgage.
Security Agreement. This Instrument shall constitute a security agreement to the exlent any 01 Ihe Property conslitutes IiXtures or other pelsonal
property, and Lender shall have all of lhe rights 01 a secured party under Ihe Uniform Commercial Code as amended from lime to time.
security Interest. Upon request by Lender, Granlor shalt execute financing stalements and,lake whatever other acUon is requested by lender 10
perlect and continue Lender's security Interest In the Rents and Personal Property. In addition 10 rfilcordlng this Mortgage in Ihe ra:al property
records, Lender may, at any lime and without further authoriza.lion from Grantor, file executed counterparts, copies or reproductions of this
Mortgage as a financing statement. Grantor shall relmburse Lender lor all expenses incurred in perfecting or conllnuing Ihis securlly interest.
Upon delaull, Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make il
available to Lef\der wUrnn lrn-ee (3) da'1S attar (eceipt of written demand !rom Lender.
Addresses. The malllng addresses of Granlor (debtor) and Lender (secured party), from which information concerning the security interest
gtanted by th.1s M0ft9age may be obl8.ined {each 8.S ,equked by the UnilCl"ffi Commercial Code), are as stated on the first page oi lhis Mortgage.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. Th.e following provisions relating to lurther assurances and allorney-in-fact are a part of this
Mortgage-.
Further Assurances. Al any lime, and from Ume to lime, upon request of Lender, Grantor will make, execute and deliver, or will cause to be
made, executed or delivered, to Lender or \0 Lender's designee, and when requested by Lender, cause \0 be liled, recorded, raliled, or
re(8corded, as Ihe case may be, at such times a!ld in such olfices and places as Lender may deem eppropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing stalements, continuation statements, instruments 01 lurther assurance, certificates,
and other documents as may, in the sole opinion of Lender, be neca:ssary or desirable in order to effectuate, complete, perfect, continue, or
preserve (a) the obligations of Grantor under the Note, this Mortgage, and the Related Documents, and (b) the liens and security interests
created by Ihls Mortgage as tirsl and prior liens on Ihe Property, w'nel'ner nOW owned or herealler acquired by Grantor. Unless prohiblled by law
or agreed to Ihe contrary by Lendfilr in writing, Grantor shall reimburse Lender lor all costs and expenses incurred in connection w.ith the mailers
relerred to in INS paragraph.
Attorney-In-Fact II Grantor fails 10 do any of the things referred to in the preceding paragraph, Lender may do so for ano In lhe name Of
Gr9,nto!: and al GranlQl"s expense. For such purposes, Grantor hereby ilfevoaabty appolnts Lender as Grantor's attorney-in-fact lor the purpose
01 making, executing, delivering, filing, recording, and doing all other thing~ as may be necessaTY or desirable, in Lender's sole opinion, to
accomplish the mailers relerred to In the preceding paragraph.
FULL PERFORMANCE. II Grantor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this
Mortgage, Lender shalf execute and deliver to Grantor a suitable saUsfaclion of this Mortgage and suJlable statements of termination of any financing
statement on file eVidenCing Lender's security InlerElst in the Renls and the Personal Property. Grantor will pay, if permilled by applicable law, any
reasonable termination fee as determined by lender from time to lime.
DEFAULT, Each of the following, at the option of Lender, shall conslllute an event of default ("Event 01 Default") under this Mortgage:
Defaun on Indebledness. Failure of Grantor to make any payment when due on the Indebtedness.
Delault on Olher Payments. Failure of Grantor wllhin the time requiled by this Mortgage to make any payment lor taxes or iosul8nce, or any
other payment necessary to prevent filing of or to eHect discharge of any lien.
EnvIronmental Defaun. Failure of any party to comply with or perform when due any term, obligalion, covenant or condllion contained in any
environmental agreeml:lnl executed in connection with the Property.
Compliance Defaun. Failure of Grantor to comply with any olher lerm, obligation, covenant or condition contained in this Mortgage, Ihe Note or in
any 01 the Related Documents. B()IJK 157 5 r~Gf. 29
Defaullln Favor 01 Third Pl1rtles. Should Granlor default under any loan, extension 01 credit, sacurily agreement, purchase or sales agreement,
or any other agreement, in favor of any other creditor or perf-on that may materially at/ect any of Grantor's property or Grantor's ability fo repay the
Nole or Granlor's ability to perform Grantor's obligations under this Morlgage or any of fhe Relaled Documents,
False Stalements. Any warranty. representation or slatement made 01 flJrn'shen to t PO riM hI' '" "" I-'-"",~" ~, '"',-
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10-05-1999
Loan No 64000136
MORTGAGE
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Defective Collalerl1l1zallon. This ,Mortgage or any of the Belated. Documenls~~ses 10 be i~ full force and effect (Indudlng failure of any collaleral
documents to creale a vand and perfecled securlly lnterest ,or Iieri)'st any I1me and for any reason.
Death or Insolvency, Th~ death of Granlor or Ihe :~jSS~I,\.I~~n 9r le!tn~halibl:l::C;f'Grantor's exislence as a going business, the insolvency of Grantor,
Ihe appoln\men\ of a l'tlce-l'\ler lor any part of Gran\ofs ,property, anY.,~~lgnl'flenllor l11e benelit of ere-dllors, any 'rype 01 creditor workoul, or Ine
commencemenl of any proceedlrtg under any bankrUI!l't.'y~r 1.r:1Solve'riCW:1B~~,by or against Granlor.
FOI'edosure, FOr1elture, etc. Commencemenl 'of {or~iosu;J:clq9'1e\\ti~"~cceedings, whelher by j\.ldlcla\ proceeding, sell-help, repossession or
any olher melhod, by any credllor of Granlor or by any governmerihiJ agency agalnsl any of Ihe ProPlllrty. However, Ihls subsection shall not apply
In Ihe evenl of a good faith dispute by Granlor as to Ihe validity or reasonableness 01 the claim which is Ihe basis 01 Ihe foreclosure or forefeilUre
proceeding, provided Ihal Granlor gIves lender wrlllen nonce of such 'claim and furnIshes reserves or a surely bond for the claim satlslaclory to
Lender.
Breach of mher Agreement. A.ny breach by Gramor Uf'lder Ihe lerms 01 any olher agreemenl between Grantor and lender \hal is nol remedied
within any grace periOd provided Iheretn, Including without limitation any agreement concerning any indebledness or olher oblfgation of Granlor \0
Lender, whether exlsllng now or Ister.
Evenls Affecllng Guarantor, Any of the preceding events occurs wllh respect 10 any Guaranlor of any of Ihe Indebledness or any Guaranlor dies
or becomes Incompelenl, or revokes or disputes the valJdlly of, or liability under, any Guaranty of Ihe Indebtedness. Lender, at its opllon, may, bul
shall nol be requirecl \0, permit the Guaranlor's eslale to assume uncondillonany the obllgallons arlslng under Ihe guaranty In a manner satlsfaclory
10 Lender, and, In doing SO, cure Ihe Event of Defaull.
Ad....erse Change. A. matanal adVerse ehange occurs In Granlor's financIal cond1lion, Dr lender believes lhe PfOspecl of paymen\ or performance
of Ihe Indebledness is ImpaIred. " ,
Insecurity, Lender tn good faUn deems Itself InsecmG.
RighI 10 Cure, II such a failure Is curable and If Grantor has not beGn given a notice of a breach of the same provision of Ihis Morlgage wllhln the
preceding Iwelve (12) monlhs, II may be cured (and no Evenl of Defaull will have occurred) II Grantor, afler Lender sends wrlllen noUee
demanding cure of such lallure: (a) cures the failure wllhln thirty (30) days; or (b) If the cure requires more Ihan Ihirty (30) days, immedlalely
InlUales sleps sufficient 10 cure the failure and thereafler continues and compleles all reasonable and necessary steps sufficient 10 produce
compliance as soon as reasonably prBC\lcel.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Delault and at any lime Ihereafter, Lender, allts option, may exercise
anyone or more of Ihe following rlghls and remedies, In addmon 10 any olher rlghls or remedies provided by law:
Accelerale Indebledness, Subject to applicable law, Lender shall have the right at its oplfon without notice to Granlor 10 declare Ihe enlfre
Indebtedness Immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Properly, Lender shall have all the rlghls and remedies or a secured party under
Ihe Uniform Commercial Code.
Collec! Renls. Lender shall have Ihe right, wllhout nollce 10 Granlor, to lake possession of the Property and, with or wlthoultaklng possession of
the Property, 10 collect the Rents, Including amounts pasl due and unpaid, and apply the net proceeds, over and above Lender's cosls, against
Ihe Indebled/19Ss. In furtherance ot thIs righi, Lender may require any tenanl or olher user of the Property to make paymenlS ot rent or use lees
direclly to Lender. If the Renls are collected by Leflder, then Granlor Irrevocably deslgnales Lender as Grantor's allorney-in--factto endorse
Inslruments received in paymenllhereof In lhe name of Grantor and 10 negollalG the same and collect the proceeds. Payments by lenanls or
olher users 10 Lender In reSponse to Lender's demand shall sallsfy the Obllgallons lor which the payments are made, whether or nol any proper
grounds for the demand existed. Lender may exercise lis rights under Ihls subparagraph either In person, by agenl, or Ihrough a receiver.
Appoint Receiver. Lender shall have ihe rlghl to have a receiver appointed to lake possession of all or any part of the Properly, wllh the power 10
protect and preserve Ihe Property, 10 operafe the Property preceding foreclosure or sale, and 10 collect the Rents from Ihe Properly and apply Ihe
proceeds, over and above the cosl of the receivership, against tM Indebledness. The receiver may serve wllhout bond If permllled by law.
Lender's right 10 the appointment 01 a receiver shall exist whether or not the apparent value of the Properly exceeds the Indebledness by a
subslanllal amoun!. Employment by Lender shall not disqualify a person from serving as a receiver.
JUdicial Foreclosure. Lender may obtaIn a JUdicial decree foreClosing Grantor's Interest in all or any part or the Property.
Possession Of the Property. For Ihe purpose of procuring possession of the Property, Grantor hereby aulhorlzes and empowers any allorney of
any court of record In Ihe Commonwealth of PennSylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender,
10 slgn an agreemenl lor enlerlng in any compGlen\ court an amicable aclion 1n eledmenl tor possession ot \he Property and 10 appear for and
confess jUdgmenl against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession 01 the
Property, without any slay of execullon, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shan be a suHiclenl warrent; and
thereupon a wrll of possession may be Issued forthwith, wllhoul any prior wril or proceeding whalsoever.
NonjudICial Sale. If permllled by applicable law, lender may foreclose Grantor's Interest in all or in any part of the Personal Property or Ihe Real
Property by nonjudIcial sale.
Deficiency Judgment. Lender may oblain a judgment for any defiCiency remahllng in the Indebtedness due to Lender after applfcalion of all
amounts received from the exercise of Ihe righls provided In this secllon.
Tenancy at Sufferance, If Grantor remains In possession of the Properly aller the Property Is sold as provided above or Lender otherwise
becomeS enlflled 10 possessIon of !he Property upon defaUlI 01 Granlor, Granlor shall become a tenant a\ sufferance 01 Lender or Ine pm-chaser 01
the Property and shall, al Lender's opl1on, ellher (a) pay a reasonable rental for the use of the Property, or (b) vacale Ihe Properly immediately
upon the demand 01 Lender.
Other ~emedles. Lender shall have all olher rights and remedies prOvided In Ihls Mortgage or Ihe Note or available at law or In equily.
Sale 01 thoe Property., To tt\e ex\erl( permitted by appllcable law, Gtarllor herebY waives any arid all right to have the property marshalled. In
exerciSing lis rights and remedies, Lender shall be free to sell all or any pari of Ihe Property logelher or separately, in one sale or by separale
sales. Lender shall be enlllled 10 bid at any pUblic sale on ~1,I,,(lr any portion ollhe Properly.
Notice or Sale, Lender shall give Grantor reasonable nollce of Ihe time and place of any public sale ollhe Personal Property or of the time after
whIch any prlvale sale or 'olher Intended dlsp~ll1on of the Personal Property Is 10 be made. Unless otherwise required by applicable law,
reasonable nollce shall m.ean nonce given at leasl ten (10) days before the lime 01 the sal9- or dlsposl\lon.
Waiver; Elecllon 01 Remedies, A waiver by any party 01 a breach of.' a provision of this Morlgage shall not constitule a waiver of or prejUdice lhe
partt's rlghls o\herwlse to demand strict compliance wIth IhM provlslOn or any other prolllsion. E\3ctlon by Lender to pursue arly remedy s.hall nol
exclude pursuit of any olher remedy, and an eleclton to make expenditures or lake aolfon 10 perform an obUgalfon of Granlor under thIs Mortgage
after failure of Grantor to perform shalf nol aHecl Lender's right to declare a default and exerclse Its remedies under Ihls Mortgage.
Alforneys' Fees; Expenses. II Lender Inslllutes any suit or action 10 enforce any of Ihe terms of Ihls Mortgage, Lender shall be entitled to recover
such sum as Ihe court may adjudge reasonable as allorneys' fees altrlal and on any appeal. Whether or not any courl acUon Is Involved, all
reasonable expenses Incurred by Lender that in lender's opInion are necessary at any lime for ~he protecllon of \\s Interest or the en~orcemer.\ 01
lis rights shall become a parl of the Indebledness payable on demand and shall bear Inlerest from the date of expenditure unlll repaid althe rate
provided lor in Ihe Nole. Expenses oovered by Ihls paragraph Include, withoul Umllalfon, however sUbject 10 any limits under applicable law,
Lender's allorneys' fees and Lender's legal expenses whether or not there is a lawsuit, tnCludlng allorneys' lees for bankruplcy proceedings
(InclUding eHorts 10 modify or vacate any automatic stay or InJunction), appeals and any anllclpated post-judgment collecllon services, Ihe cost of
searching records, obtaining tille reports (ll\Cluding fOl'ecloslJ(e reports), SUNeyors' reports, and appra.lsallees, and Iitle InsuranCG, 10 Ihe exlenl
permllled by applicable law. Granlor also will pay any court cosls,ln addition to all other sums prOvided by law.
NOTICES TO GRANTOR AND OTHER PARTIES. Unless olherwise prOVided by applicable law, aflY nollce under this Mortgage shall be in wriling,
may be senl by lelefacsimile (unless otherwise required by law), and shall be effecllve when actUallY delivered, or when deposited wllh a nallonally
recognized overnlghl oourler, or, If malled, shall be deemed eHecllve when deposited In the Unlled Slales man first class, certified or registered mat!,
pos\age prepaid, dlracta-rl 10 lhe addresses shown \'Iear the beginnIng of this Mortgage. Any party may change its address for nollces unde.r thls
Mortgage by giving formal wollen nollce 10 Ihe other parlles, specIfying that the purpose of Ihe nolice Is to change the party's address. All COpl95 of
nollces of foreclosure from the holder of any lien which has prlorlly over Ihis Mortgage shall be sent 10 Lender's address, es shown near the beginning
of Ihls'Mortgage. For notice purposes, Granlor agreeS to keep lender Informed at all Urnes 01 Granlors current address.
MISCEL}ANE0US PROVISIONS, The followIng miscellaneous proviSions are a pari of this Mortgage:
Amp.ndments. This Mortgage, logell 'ith any Relaled Documents, constllutes the enUre ('
mailers setlorth in this Morlgage. N... ...lleranon of or amendmenllo this Morlgage shall bl
party or par\ies s0l1g11\ 10 be charged or bour.d bl{ the ;lUefl\lio\"\ fir '1f1"pnnmpnl
'Standing and agreement of the parHes 8S to lhe
active unless given in writing ar.d signed by !he
~.
, .J,~....~
'~::,-
10-05-'999
Loan No 64000136
MORTGAGE
(Continued)
Page 5
Annual Reports. If the Properly is used for purposes other than Granlor's residence, Grantor shall furnish to lender, upon request, a cerllfied
statement of net operating Income received Irom the Properly dUring Granlor's previous fiscal year In such form and detail as Lender shall require,
~Net operating Income~ shall mean all cash receipts from the Property less all cash expenditures made In connection with the operation of the
Property.
Applicable Law. This Mortgage tlas been delivered 10 lender and accepted by lender In Ihe Commonweal!h 01 PennsylvanIa. This
Mortgage shall be governed by and construed In accordarn:e with 'he laws ot 'he Commonwealth of pennsyl'llanla.
Cap lion Headings. Cap lion headings In this Mortgage are for convenience purposes only and are not 10 be used to interpret or define the
provisions of this Mortgage.
Merger. There shall be no merger of Ihe Interest or estate created by this Morlgage with any other Interest or eslate In Ihe Properly at any lime
held by or for the beMlfl of Lender In any capacity, wlthoul the wrltleI1 consent of Lender.
Mulllple Parlles. All obllgaUons of Granlor under Ihls Mortgage shall be lolnl and several, and all references to Granlor shall mean each and
every Grantor. This means that each at the persons signing below is respOl1slbte for 811 obliijalions In this Mrn1gage.
Severability. If a court of competenl Jurisdiction finds any provision of this Mortgage to be Invalid or unenforceable as 10 any person or
clrcumslance, such finding shalf not render lhat provision Invalid Of unenforceable as 10 (my o\her persor\s or circumstances. II feaslble, any sllch
offending provision shall be deemed to be modified 10 be within the limits of enforceability or vendllYi however, If the offending provision cannot be
so modified, it shall be stricken and all other provisions of Ihls Mortgage in all other respecls shall ~emaln valid and enforceable.
Successors and Assigns. Subject 10 the limltallons slaled In Ihis Mortgage on Iransfer 01 Grantor's Interest, Ihis Mortgage shall be binding upon
and Inure to the benem of the parties, their heirs, personal representatives, successors and assigns. II ownerShip Of lhe Properly becomes vested
In a person olhar than Granlor, Lender, wlthout notIce 10 Granlor, may deal with Granlor's successors wllh reference 10 this Mortgage and the
Indebtedness by way of lorbearance or extension without releasing Granlor Irom the obllgallons of Ihls Mortgage or lIabifily under the
Indebtedness.
Time Is of the Essence. Time is of the essence in Ihe performance of this Mortgage.
WaNers and Consen's, Lender shall nal be deemed to have waived any rlghls under \hls Mortgage (or under me Related Documenls) unless
such waiver Is In wrlllng and signed by lender. No delay or omission on the par! of Lender In exercising any right shall operate as a waiver of
such right or any other right. A waiver by any party 01 a provision of this Morlgage shall not conslilute a waiver of or prejUdice the party's right
otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor My course of dealfl'1g between
lender and Grantor, shall conslilule a waiver of any of Lender's rights or any or Granlor's obligations as to any fulure transactions. Whenever
consent byler.der Is required In this MGrigage, the gra!\llng 01 such consent by Lender In any inslance shall not cons\\\ula continu1ng consent \0
subsequent Instances where such consent is required.
EACH GRANTOR ACKNOWlEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS
TERMS.
THIS MORTGAGE HAS BEEN SIGNEO AND SEALED BY THE UNDERSIGNED.
GRANTOR:
~;!~/~~~;~~3~~~~N1li
Signed, acknowledged and delivered In the presence 01:
x!!!;.j;fJ#fliJt}[P!!:t:t;;!!~'f;;;f1~/'
Heather L. Schenk
"i!;lii\ttl
x
Witness
x
Witness
SIgned, acknowledged and delivered In Ihe presence of:
x
Witness
x
Witness
CERTIFICATE OF RESIDENCE
'hereby certify, that the precise address of the mortgagee, PENNSYLVANIA STATE BANK, herein is as lollows:
g, Cumberland Parkway, Mechan\csburu, PA 11055
dIN. ncrt""
Atlorney Or Alieni !orMortgagee
STATE OF
INDIVIDUAL ACKNOWLEDGMENT
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lSS
,
COUNTY OF
On Ihls the ~ day of ()d-obh.J ,193.3., before me C,HiZtsTI/U r::- vY\. VJft"ETF- ,the
underslgne'd Notary PubOc, personally appeared T1molhy M, Schenk and Heather L Schenk, known 10 me {or satisfactorily proven~ \0 be the per$on
whose names are subscribed 10 the within InSlrument, and acknowledged thai they executed the same lor the purposes theretn I(onlalned.
. . '" '01 '~""IUf'~"
In wUness whereof, l11ereWlto set my lland and 0 c ".R r-,'/-';'. _ ttr"r.
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LASER PAO. Reg. U.S. Pat. & T.M, Olf.. Vl!f. 3.21a (c) 1999 CFI PfOS,,!:: .:-- ~~~~, I!&:. ;~-P3 E3.21 F3.21 1'3.21 SCHENK6,LN RS.OVLI
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.l"'~ '10: "'/1;........... \.0 ,,- Chrl8tlne M White Notary Pubftc
........."1 Q 11~::t' , .,/ \..k>;'.hamcsb\Jl:p Bof{J Cumberlaf\CI County
"'/I'IJ;,""""" t !'!" ~ommlssiOn Expires Sept 11 ?00j I
Bod575 PAGE , 31
'"
-
,,"<-I
C;/J./fl]'T A
LEGAL DESCRIPTION
- ~~I
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ALL THAT certain piece or parcel of land situated in the Township of Hampden, County of Cumberland and Commonwealth
of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern side of Trindle Road, Pennsylvania Route No. 641, at the dividing line between Lots
Nos. 7 and 6 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, Nortb
30 degrees 50 minutes 50 seconds West, a distance of 274.68 feet to a point at line of lands of the United States of America
(Mechanicsburg Naval Supply Depot); thence along the line of lands of said United States of America, North 62 degrees East, a
distance of 200 feet to a point on the same; thence continuing along the line of said lands of the United States of America, South 29
degrees 20 minutes 20 seconds East, a distance of 323.50 feet to a stake on the northern side of Trindle Road aforesaid; thence along
the northern side of said Trindle Road, South 76 degrees 10 minutes 40 seconds West, a distance of 200 feet to a point on the same
at the dividing line between Lots Nos. 7 and 6 on the hereinafter mentioned Plan of Lots, the point and place of BEGINNING.
BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et a!. by D.P. Raffensperger, Registered
Surveyor, on May 22, 1967 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Plan Book 19, Page 21.
HAVING erected thereon a commercial building known and numbered as 5301-5303 East Trindle Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife, by their deed dated August II, 1994,
and recorded in the Recorder's Office aforesaid in Deed Book 110, Page 48, granted and conveyed unto Timothy M. Schenk and
Heather L. Schenk, his wife, the Mortgagors herein.
State of pennSYlVania} 86
County of Cumberland .
Recorded i~he office for the recordmg of Deeds
eC~d berlend CountY. p!\..,
in 60 . _Vo-r_Page~
w;lne s Y ha.~1 of offic6-et...J Sq
Carlisle, PA thl da;?f ~ 19..!......:
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PROMISSORY NOTE
:_~9:~_q_9n,{; '::':..
,o6!lli00l36oi
and do not limilthe ap Iicabilil of this document to any particular loan or item.
lrltUi!-Is
Borrower: Timothy M. Schenk (SSN: 162-66-9341)
Heather L. Schenk (SSN: 182-02-4459)
1201 Musket l/:I.ne
Mechanlcsburg, PA 17055
lender: PENNSYLVANIA STATE BANK
Cumberland Parkway
91 Cumberland Parkwa'j
MeChai1ICsburg, PA 17055
Principal Amount: $430,000,00 Interest Rate: '7.750% Date of Note: October 5, 199'
PROMISE TO PAY. TImothY M. Schenk and Heather L Schenk ("Borrower") promise 10 pay to PENNSYLVANIA STATE BANK ("Lender"), 0
order, In lawful money of the Unlled Stales 01 America. the prlnclpal amounl 01 Four Hundred Thirty Thousand & 001100 Dollars ($430,000,00
together with Inlerest at the rate 01 7,750% per annum on the unpaid prlnclpal bahlnce from October 5, 1999 .
PAYMENT. Borrower will pay thIs loan In accordance with the follOWing paymenl schedule:
The prIncipal sum 01 $430,000.00, togelher with Inleresl as hereinafter provided on Ihe principal balance outstanding at
any lime, calculated on the basis of a 365 day year,-shall be payable In consecutive monthly Installments, commencing on
November 5, 1999, and continuing on the 5th day 01 each month therealter until October 5, 2019, unless the Lender elects
at arty ttme atter October 5, 2004 to d.eclare the then remaining principal balAnCe and accrued Interest as. Immediately due
and payable, as provided beloW. Commenc;lng from the dale hereof and continuing until October 5, 2004, principal and
Inten~l:i1ln ~me~rs ~t 'he m1e 01 seven and 1hree-quarlers (7.75%) per annum on the out$\ant1\ng principal bala.nce shall be
payable In equal monthly Inslallments' ot $3,530.08 on the 5th day ot each monlh, each such payment to be applied rUst 10
the payment of lnteresl on lhe outslandlng prlnc;lpal balance, based on an agreed twenty (20) year amorUzallon. ThereaMer,
unless the Lender has elected to declare lhe tlten remaining principal balance and accrued Interest as immediatelY due and
payable, as provided below, the Inleresl rate pavable on the principal amount of lhe Loan then oulstandlng shall be II rate
as uflered by the leodef In Its sole discretion, and tl\e amount ot the monthly Installments 01 principal and Interest shall be
such as have been agreed between the Borrower and the Lender. If the Lender chooses nollo offer a fixed rate, or lhe
Borrower does nol accept Ihe rale, II any as oUered by Ihe Lender, lhe rate 01 Interest payable on the loan lor the
remainder of the loan term shllill be one percent (1,00%) plus lhe base Inleresl rate announced from lime to lime by
PennsylVania Slate Bank, as lis "Base Lending Rate", such Inleresl rate under lhls nole to be adjusted when and as saId
base Interest fate changes. Prlnclp.a1 and Interest, at the rale above stated, shall be paid by Borrower to lender In
consecutive monthly InslaUments commenCing on November 5, 2004, and conllnulng on the 5th day 01 each month
IhereaMer until October ~,20,g" unless the Lender hAS elected to declare Ihe then remaining principal balAnce and accrued
Interest as Immedlalely due and payable, as proVided below. Monthly payments of principal and Interest shall be CAlculated
and adjUsted quarterly (provided the Lender reserves the right to change more frequently Ihan quarterlY if necessary to
avald negative amorUzatiof\) based upon the 10Uowlng: (1) PennSYlvania State Bank's Base Lendtng Rate piuS one percent
(1.00%); (2) the principal remaining unpaId; and (:l) the remaining amortlullon term of the loan.
Intares! on this Nola is computed on a 365/365 simple interest basis; thaI is, by applying Ihe ratio or the annual interesl rate over the number at days If1
a year, mullip"ed by the oulslaMing principal balance, multlplled by the actual number at days the principal balance is outslanding, Borrower WlU pay
Lender al Lender's address snown above or at SUCh other place as lender may designale in wriUng. Unless otherwise agreed or required by
applicable law, paymen1s will be applied !irs1 10 accrLJed unpaid interes1, then 10 principal, and any remaining amounl 10 any unpaid collection costs
and late charges,
PREPAYMENT PENALTY. Borrower agrees Ihat all loan lees and other prepaid finance charges are earned tUlly as of the date of the loan and will not
be subjeclto retund upon early payment (whether voluntary or as a resull 01 defaull), except as otherwise reqUired by law. Upon prepayment of thIs
NOle, Lender Is enlltled 10 the following prepayment penally: two percent (2%1 of amount prepaid during the Inlllal fixed rate lerm. Except tor
Ihe toregoing, Borrower may pay all or a portion of Ihe amount owed earlier than II is dUe. Early payments will not, unless agreed to by lender in
writing, relieve Borrower of Borrower's obligallon 10 continue to make payments under the payment schedule. Rather, they will reduce the principal
balance due and may result in Borrower making fewer payments.
LATE CHARGE, It a payment is 15 days or more late, Borrower will be charged 10.000% 01 the regularly scheduled paymenl or $50.00,
whichever Is greater.
OEFA.Ul T. Borrower w~l be in delalJll i! any, o! the lollowlng happen$.: (a) Borrower !aU$. to make any payment when due. {b} Borrower breaks any
promise Borrower has made 10 Lender, or Borrower fails 10 comply with or to perlorm when due any other lerm, obligation, covenant, or condition
contained in lhis Nole or any agreement relaled to Ihis Nole, or in any olher agreement or loan Borrower has with Lendef. (c) Borrower defaulls under
any ioan, extension 01 credit, security agreement, purChase or sales agreement, or any other agreement, in favor of any other creditor or person thai
may materiaily aHec;t any 01 Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any 01 the
Relaled Documenls. {d\ Any reprewntatlon Of statement made or furnished to Lander by Borrower or on Borrower's behalf is false or misleading in any
malertal respecl either now or at ihe lime made or furnished. (e) Borrower dies or becomes insolvent, a receiver is appointed lor any pari 01 Borrower's
properiy, Borrower makes an assignment lor the beneli\ ot creditors, or any proceeding is commenced either by Bouowel 01 against BOifower under
any ba.nkruptcy or insolvency laws. (f) Any creditor tries to take any 01 Borrower's property on or in which Lender has a lien or security inlerest. This
includes a garnishmenl of any of Borrower's eccounts wllh Lender. (g) Any of the events described in this defaull section occurs with respect to any
guara.ntor 01 tNs Note. (h) A material adverse change occurs in Borrower's financial condition, or lender believes the prospect 01 payment or
perlormance 01 the Indebtedness is impaired. {i} Lender in good Isilh deems UseU insecure.
If any detsull, olher than a detaull in payment, is curable and if Borrower has not been given a nollce of a breach of the same provision of this Nole
w\ltlin the preceding \wel~a {l2} months, it may be cured (aod nO event of delault will have occurred) U Borrowec, attar recell/ing written noUce Irom
lender demanding cure of such detault: (a) cures the dela.ull wi/hin thirty (30) days; or (b) Ulhe CUte requires more than thirty (3D) days, immediately
initiates steps whiCh lender deems in Lender's sole discrelion 10 be sufficlenllo cure the dalaul1 and thereafter con1inues anti compleles a\llOasonable
and necessary sleps suHicient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS, Upon delaull, Lender may, after giving such nOlices as required by applicable law, declare Ihe entire unpaid principal balance on
this Note and all accrued unpaId interest Immedlalely due, and lhen Borrower wlII pay lhal amount. Lender may hire or pay someone else 10 help
collect this Nate if Borrower does not pay. Borrower also will pay Lender Ihat amount. Tnis Includes, SUbject 10 any limits under applic;able law,
lender's allorneys' lees and Lender's legal expenses whether or not there is a lawsuit, including altorneys' fees and legal expenses for bankruptcy
proceedings (including ellor\s \0 modIfy 01 vacate aNj aulomalic slay Of iniuncllon), appeals, and any anticipaled posl-judgment collectlon servlce.s. U
not prohibiled by applic;able Jaw, Borrower also will pay any cour1 costs, In addillon 10 aU other sums provided by law, II judgment is enlered in
connection with IhJs Note, interest will continue to accrue on thIs Nole aller Judgmenl atlhe exiSllng j(lleresl rate provided lor in Ihis Nole. This Note
has been delivered to lender and accepted by lender In the Commonwealth of pennsylvania, It there Is a lawsull, Borrower agrees upon
Lender's requeslto submit to the Jurlsdlcllon of the courts of Cumberland County, the Commonwealth of PennsylvanIa. ThIs Note shall be
governed by and construed In accordance with the laws ar the Commonwealth o( pennsylvania,
OISHONOREO ITEM FEE. Borrower will pay a lee to lender 01 $20.00 if Borrower makes a paymenl on Borrower's loan and the check or
preauthorized charge with which Borrowet pays is later dishonored.
RIGHT OF SETOFF, Borrower grants to Lender a contractual securily inlerest in, and hereby assigns, conveys, delivers, pledges, and lransfers 10
lender a" Borfower's right, litle and Interest In and to, Borrower's accounts With lender (whether checking, savings, or some other account), Including
withoullimitation all accounls held JoinUy with someone eise and _ ail accounts Borrower may open in the future, excluding h.owever all IRA and Keogh
accounls, and all trusl accounts 101 which Ins g18nt 01 a set\lnty interest would be prohIbited by law. BOl'rower authorlzes lender, to tile extenl
permittad by applicable law, 10 charge or setoll aU sums owing on Ihis Note againsl any and all sucn accounts.
COLLATERAL. This Nole is secured by, among other things, a Mortgage and Security Agreement from Borrower 10 Lender of e.ven ~ate ~erewilh and
intended 10 be /ecorded lorthwilh, secured upon premises siiua\e at, 5303 E. Tnnole Road, Macha.nicsb\lrg, Pa. HOS5 as des.crl9ed \n sa\d Mortgage,
All of the agreements, conditions, covenants, provisions and slipulatJons conlainGd 10 the Mortgage whIch are to be kept a,nd performed by Borrower.
are hereby made a part or this Nole to the same extent and wHh Ihe same force and eHect as if lhey were ILllly set lorth herem, and Borrowsl cO'lenanlS
and agrees \0 keep 30M per10rm thaem, or causa therm 10 be kept ., dance wilh their terms.
CI\lL PROVISION. Al any time after the expiration 01 five (5) ya ' ,,' EXHIBIT, ,- ''i xIV days' prior wrillen notice 10 the Borrower, Lender,
::;:':f',~~;~::t:~~: ~~h:{~E'~~~~~~~b~C~:~~:~~~;~~: 1%~I~i'ii~~!~~~i(~',,\ '~'~;f;;i;:' i~~'~~~'~, ~~:,:~~ ~:~'~;~'i~ i~:~'~:;
VARIAEllE INTEREST FlATE. The interesl rate on thiS Note ma ~~'".,';t~i~5;,}'ej1!~,*::;~f,;:jh':,'<-; e 10 lime basad on changes in an Index WhiCh is Ihe
Pennsylvania Slale Banll's B<lse lendll'll} Rate {the "index"}_ The est ratf' ~h'H<'1f'rj rw I """,,, M .'- 'U~
--
-
10-05-1999
Loan No 64000136
PROMISSORY NOTE
(Continued)
Page
Lender In its sole discretion. If the Indl1lx becomes unavailable during the term 01 this loan, Lender may designate a substJIule Index stier nollfyh
Borrower, lender will lell Borrower the current Index Rale upon Borrower's rsquesl. Borrower understands lhallender may make loans based (
other rales as well. The Inleresl rala change will nol occur more otlen than once each day. The Index currentlv Is 8.25% per annum. NOTICE. Und
no clrcumslances will the Interesl rale on this Nole be more then the maximum rate allowed by applicable law.
lOAN DOCUMENTS. ThIs Nola, the Mortgage and SeCUrity Agreement, the related collateral documents, lender's commUmenl lefter 10 Borrow-
daled Jury 1, 1999, are referred 10 hereIn collectively as the 't.oan Documents", and the provlslor'lS thereof ar:elncorporatetj hereln by reference.
DEFAULT INTEREST RATE. In Ihe event of defaull for which Lender does nolacce!erate IheLoan,lllCludlng the failure 01 Borrower 10 provIde n
financIal stalemenls as required hereunder or under the Loan Agreement, Ihe appDcable Interest rate on fhe Loan, for a period beginning Ihree (3) da)
after wrltlen nollce of sllch default and ending upon the CUMg 01 saId noticed dele.lJlt, wI! increase one quarter of (me percent {.W"'} for the firs\ \h\r
(30) days 01 said defaull and Increase an addllfonal one quarter (.25%) during each thirty (30) day period thereafter during which the nollce defal
con\lnue-s.. Such de-laul\ In\erQS\ rates shall apply to Ihe OUlslandlng prlnclpal balance ollhe loan. Upon the curing 01 the nollced default, lhe lntere'
rale on the Loan shall ravert to the InlUally agreed-upon Inlerest rate eHeclfve on lhe dale on WhiCh the delaull Is cllred.
GENERAL PI=IOVISIONS. Lender may delsy or lorgo enlorclng any 01 Us rlghls or remedies under lhls Note wflhout losing them. Borrower and an
oIher person who signs, guaranlees or endorses lhis Nola, 10 the eldent anowed by law, waive presentment, demand for paymenl, prolesland notice {
dishonor. Upon any change In the lerms of this Note, and unless olherwlse expressly slated In wrlllng, no party who signs this Nole, whelher as make
Quaranlor, accommodalfon maker or endorser, shall be released from Ilablflty. All such partIes agree thai lender may renew or extend (repeatedly an
for any lenglh of lime) this (oan. or release any party or guarantor 01' collateral; 01' lmPalf, faU to lllallze upon or perfect lander's. securlly In\er9st In It;,
collaleral; and lake any olher acllon deemed necessary by Lender wflhoulthe consenl of or nollae 10 anyone. All such 'parties also agree Ihal Lende
may modIIy Ihls loan wllhoul the consent 01 or nolloe 10 anyone olher than Ihe party wl\h whom the modmcalion Is made, The obllgalions under lhl'
Nole are Joint and several. If any portion of Ihls Nole Is for any fElason delermlned 10 be unenforceable, II win nol affecllhe enforceability 01 any olM
provisions 01 this Nole.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTAR'l
OR CLERK OF' ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANYTIME FDA BDRAOWERAFTEF
A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FllE:D, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAtNSl
BORROWER FOR THE ENTIRE PRINCIPAL BALANCE Of THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANV AND ALL AMQUNTt
EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUO-
AMOUNTS, TOGETHER WITH cosrs OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAl
BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT lESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICf--'
JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATEL.Y; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS
NOTE VERIFIED BY AFFIDAVIT SHALL BE SUfFICIENT WARRANT. THE AUTHORrTY GRANTED IN THIS NOTE TO CONFESS JUDGMENT
AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND
AT ALl.. TIMES UNTIL Pt\VMENT IN FUll OF ALL AMOUNTS OUE UNDER THIS NOTE, BORROWER rlEREBY WAIVES ANY RIGHT BORROWER
MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT At'N NOTIce AND/OR
HEAAlNG AEQUlFlED UNDER APPliCABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A
REPRESeNTAl1VE: OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR
BORROWER HAS BEEN RE:PRESENTED BY INDEPENDENT' LEGAL COUNSEL.
PRIOR TO SlGNtNG THIS NOTE, EACH BORROWER ReAD AND UNDERSTOOD All. THE PROVISIONS OF THIS NOTE AND THE NOTICE TO
COSIGNER SET FORTH BElOW. EACH BORROWER AGREES TO THE TEI=IMS OF THE NOTE AND ACKNOWlEDGES RECEIPT OF A
COMPLETED COpy OF THE NOTE.
THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
BORROWER:
Tlmolhy M. Sche
x !~iff:itjpJiiJ~/it~ii),!Hqtf#;,t{(;iif!!/;iii;!lgfii;r
Healher l. Schenk "...,
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lENDER:
PENHSvtVA."IA. STATE BANK
By, Au.. {{tot! t+
Authorlzed Offlcer
NOTICE TO COSIGNER
Yoo 8fe be\ng e.sk.e<I to guarantee thIs t1ebt. 'ThInk C8retully betOl'e you do. If the bOrl'Qwer doesn't pay the debt, you wl1l ha'le to. Be sure
you can IIfford to pey If you have to, and that you walll to accept this responsibility.
You may have 10 pay up 10 the rullemounl of Ihe debt It Ihe borrower does not pay. You may elso heve to pay lete fees or collecllon cosls,
whIch Increase this amount.
it\e lender ean <:.olle<:.t this debt trom you without first trylng to <:.ollect from the borrower. The lender can use tile same collectIon me\hoos-
against you Ihat cart be used against the borrower, such as suing you, garnishing your wages, etc. If this deblls ever In defaull, lhal fact may
become a part of YOUR credit record.
This notIce Is no-\ the contract that makes you liable tor the debt
F'x.a~.le. GeneriC.
LASER PRO, Reg. V,S. P.t. & T.M. orl., Ver. 3'~3'a (cll11119 CFI ProSelVlee!. Inc. All rlghte reeerved. (PA_020 1<3.27 F3.27 P3.21 SCHENK6.LN R5,OVLI
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~JSII':lESS !-DAN AGREEMEN.
Borrower: Tlmolhy M. Schenk (SSN: 162~6-9347)
Heather l. Schenk (S5N: 182-62-4459)
1201 Musket Lane
Mechanlcsburg, PA 17055
Lender: PENNSYLVANIA STATE BANK
Cumberland ParkWay
91 Cumberland Parkway
Mechanlcsburg, PA 17055
THIS BUSINESS LOAN AGREEMENT between Timothy M, Schenk and Heather t. Schenk ("BorroWer") and PENNSYLVANIA STATE BANK
("Lender") Is made and executed on the following terms and condlllons. Borrower has received ,prior commercial loans from Lender or has
applied 10 Lender tor a commercial loan or loans and olher financial accommodations, Including those which may be described on any exhlbll
QT scnedule attached to this A.greement. All such loans and tlnanclal accommodations, logether wllh all future loans and financial
accommodations tram Lender 10 Borrower, are referred to In this Agreement Individually as the "Loan" and COllectively as the "Loans."
Borrower understands and agrees that: (.II) In granting, renewing, or extending any Loan, Lender is retylltQ upon Borrower's representa.Uons.,
Warranties, and agreements, as set forth in this Agreement; (blth~ granting, renewing, or extending of any Loan by Lender al aU limes shall
be subJecl to Lender's sole Judgment and dlscrellon; and (c) all such Loans shall be and shall remain subject to the following lerms and
conditions ollhls Agreement.
TERM. This Agreemenl shall be eHective as of October 5, 1999, and shall continue thereafter until all Indebtedness 01 Borrower to Lender has been
perlormed In lull and Ihe parties lermln~}e lhls Agreemenlln wrlling. .
DEFINITIONS. The following words shall have the lollowing meanings when used in Ihis Agreement. Terms not otherwise defined in this Agreement
shall have lhe meanings allribuled (0 such lerms in Ihe UnHorm Commercial Code. All references to dollar amounts shall mean amounls in lawful
money ot the United Slates of America.
Agreement. The word ~Agreement" mBans this Business Loan Agreement, as this Business Loan Agreemenl may be amended or modilied lrom
lime 10 time, together with all exhlbils and schedules allached to this Business Loan Agreemenllrom time fo time.
Borrower. The word "Borrower" means TImothy M. Schenk and Heather L. Schenk. The word "Borrower" also inclUdes, as appllcable, all
subsidiaries and affilialas 01 Borrowar as provided below in Ihe paragraph tillad "Subsidiaries and Affiliates."
CERCLA. The word "CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.
COllalefal, The word "Collateral" means and includes wilhoullimitation all properly and assels granted as collaleral securily for a Loan, whether
real or personal property, whether granted dlreclly or indlrecUy, whelher granted now or in the future, and whether granled in the lorm of a security
Interest, morlgage, dead of trust, asslgnmenl, pledge, challel mortgage, challel trusl, faelor's lien, equipmenltrust, condilional sale, trust receipt,
lIer., charge, lIer. or \ilia fetention contract, lease or consignmenl intem:led a$ a SecLlrity device, or any ether secullty or lien interest whalscever,
whether created by law, contracl, or otherwise.
ERiSA.. The word "ERISA" means the Employee Re\iremenl Income Security Ac\ 011974, as amended.
Event of Default. The words "Event 01 Defaull" mean and include wilhoulllmllalion any 01 the Evenls 01 Delault sel forlh below in Ihe section lilled
"EVENTS OF DEFAULT."
Granlor. The word "Granlor" means and includes withoullimitalion each and all 01 the persons Of entitias granting a Securily lnteresl in any
Canatera! lor lhe Indebledness, IncludIng wllhoulllml\a\ior. all Borrowers granling such a Securily lnlerest.
Guarantor. The word "Guaranlor" means and includes wllhout fimilalion each and all of the guaranlors, sureUes, and accommodaUon parlies in
connection wllh any Indebtedness.
Indebtedness. The word "Indebtedness" means and includes a Note from Timothy M. Schenk and Heather L Schenk daled October 5, 1999.
Lender. The word "Lendar" means PENNSYLVANIA STATE BANK, Its successors and assigns.
Loan. The word '\.o6.n" or '\.o0.ns" means e.nd if\Cludes without llmilat\on any and all commercial loans and linancial accommodations lmm
Lender 10 Borrower, whether now or hereafter existing, and however evidenced, including withoul limilalion Ihose loans and linancial
accommodations described herein or described on any exhibit or schedule attached to this Agreement from lime to time.
Note. The word "Note" means and includes withoulllmilalion Borrower's promissory note or notes, il any, evidencing Borrower's Loan obligalions
in lavor 01 Lendar, as well as any subslitule, replacement or refir.ancing note or notes therefor.
PermUled Liens. The words "Permllled Liens" mean; (a) liens and securily Interests securing Indebtedness owed by Borrower 10 Lender; (b)
liens for taxes, assessments, or similar charges either nol yel due or being contested in good failh; (c) liens 01 materialmen, mechanics,
warehousemen, or carriers, or other like liens arising in the ordinary course of business and securing obligations which are not yet deJinquenl; (d)
purchase money liens or purchase money security Inlerests upon or in any property acquired or held by Borrower In lhe ordinary course of
business 10 secure Inoebledness outstanding on the dale 01 this Agreemenl or permi"ad 10 be Incurred under Ihe paragraph 01 this Agreemen\
lilted "Indebtedness and LlensM; (a) liens and security Interests which, as of the datE! 01 this Agreement, havG been disclosed 10 and approved by
the Lender In writing; and (f) those liens and security InterE!sts which in the aggregale conslilule an immaterial and insignificant monetary amount
with respecllo the net value of Borrower's assets.
Related Oocuments. The words "Related Documents" mean and include wllhout limitation all promissory notes, credll agreements, loan
agreements, environmental agreements, guaranlles, security agreements, morlgagas, deeds of lrust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Security Agreement The words "Securily Agreement" mean and Include withoullimitallon any agreements, promises, covenants, arrangemenls,
underslandings or olher agreemenls, whether created by law, contract, or otherwise, evidencing, governing, representing, or creating a Securily
Inlarest.
Security Interest. The words "Security Interest" mean and Include withoutlimilation any type of collateral securlly, whether In Ihe torm 01 a lien,
charge, mOrlgage, deE!d 01 lrust, asslgnmenl, pledge, chsllel mOftgage, challel trust, laclor's lien, equipmenttrusl, conditional sale, trust receIpt,
lien or IUle retenllon contract, lease or conslgnmenl Intended as a security device, or any other security or lien Inlerest whalsoever, whelher
crea\ad by law, conlract, or oIhef\N\se.
SARA. The word "SAAAM means the Superfund Amendments and Reauthori:zalion Act of 1986 as now or hereafter amended.
CONDITIONS PRECEDENT TO EACH ADVANCE. Lender's obUgalion to make the initial Loan Advance and each subsequent Loan Advance under
this Agreement shall be SUbject to Ihe fulfillment to Lender's satislacllon of all 01 the conditions set lorlh In Ihis Agreement and In the Relaled
DocLlmen\s.
Loan Documents. Borrower shall provide to Lender in form satisfactory 10 Lender the lollowing documents lor Ihe Loan: (a) the Note, (b)
Securily Agreemenls granllng to Lander securlty Imeresls in \he Collateral, (c) Finam::ing Statemenls perlecling Lender's SecLlfily Inlafas\s; td)
evidence ot insurance as required below; and (e) any olher documenls required under this Agreement or by Lender or lis counsel.
Payment 01 Fees and ExpeO&es. Borrower shall have paid to lender all tees, charges, and other expenses wh1ch are lhen due and payable as
specified in this Agreement or any Related Document.
Representations and Warranties. The reprosentallons ami warran\ies set forth in Ihis Agreement, in the Relaled Documents, Bnd in any
dooumenl or cerlilicate delivered to Lender under this Agreement are true and correct.
No 'Event of Delaun. There shall nol eX'lsl at lhe time 01 any advance a condi\\on which WOUld constItute an Event of Default under lhls
Agreement
REPRESENTATIONS AND WARRANTIES. 60rrower represenls and warranls 10 lender, as otlhe date otthis Agreemenl, as 01 the dais of each
disbursement of Loan proceeds, as of lhe dale of any renewal, extension or modification of any Loan, and at aU Umes any Indebtedness exists:
Organization. Borrower Is a number 01 Individuals borr
Authorlza.llon, The axecution, delivery, and performa
delivered or performed by Borrower, have been duly
any olhar person, regulatory authority or governmental
prcvislor. of any agreement or other instrument bindi
1080rrower.
FinancIal Intorma\\on. Eac\1 !inaneial statement ot B
ted DOCLlments by Borrower, to the extent to be executed,
n by Borrower; do nol require Ihe consenl or approval 01
suI! in a violation of, or constilute a defaull under (a) any
govemmen\al regulation, court decree, or order appiicable
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10-05-1999
Loan No 64000136
BUSINESS LOAN AGREEMENT
(Continued)
Page 2
recenlllnanclal statement supplied 10 'Lender. Borrower has no material conllngenl obllgsUons except as disclosed In such financial statements,
Legal Effecl. This Agreement conslllutes, and any Instrumenl or agreement required hereunder to be given by Borrower when delivered will
consl!lule, legal, valid and binding obllgaUons of Borrower enrorceable against Borrower in accordance with their respective terms.
Properties. Except as contemplated by this Agreement or as previously diSClosed In Borrower's financial statements or in wriUng to Lender and as
accepted, by Lender, and except for property tax liens for laxes not presently due and payable, Borrower owns and has good tille to all of
Borrower s properlies rres and clear or all Security Interosts, and has not executed any security documents or flnanolng stelemenls relating to such
properlles. All or Borrower's properlles are l!lIed In Borrower's legal name, and Borrower has not used, or filed a Ilnancing statement under, any
other name for at least the last live (5) years.
Hazardous Substances. The terms "hazardous waste," "hazardous subslance," "disposal," "release," and "threatened release," as used in this
Agreemenl, shall have the same meanings. as set forth In the "CERClA," "SARA," lhe Hazardous Malarials Tlansporla\\on Act, 49 U.S,C. Sec\ion
1801, el seq., the Resource Conservllllon and Recovery Acl, 42 U.S.C. Secllon 6901, et seq., or other applicable state or Federal laws, rules, cr
regulations adopted pursuant 10 any of the loregolng. Except as disclosed 10 and acknowledged by Lender In writing, Borrower represents and
warrams lh~': (a) During Ihe perlod 01 Borrower's ownershIp of Ihe properties, there has been no use, generalion, manufacture, storage,
treatment, disposal, release or threa~ened release or any hazardous waste or substence by any person on, under, about or from any of the
properties, (b) Borrower has no knowledge of, or reason 10 believe Ihat there has been (I) any use, generation, manulacture, storage, treatment,
disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the properties by any prior owners or
occupants or any of the properties, or (II) any actual or threatened litlgalfon or claims 01 any kind by any person relallng to such mailers. (C)
Ne\\har Bonower nor any lenan\., conlTac\or, aganl or ol:har aulhorlzed user of any ollhe propertles shall use, generale, manufacture, slore, Ireal,
dispose 01, or release any hazardous waste or substance on, under, aboul or from any of Ihe properties; and any such actlvlly shall be conducted
In compliance wllh all applicable federal, slale, and local laws, regulalions, and ordinances, InclUding without limitation Ihose laws, regulations and
ordinances described above. Borrower authorizes Lender and fls agents tCl enler upon the properlles to make such Inspections and tests as
Lender may deem appropriate 10 determine compliance of the properties wflh Ihls section ollhe Agreement. Any Inspections or lests made by
Lender shall be at Borrower's el:pBfI'$e and for Lender's purposes only and shall no\ be construed to cream- any responsIbility or liabilIty on the part
of lender 10 Bcrrower or 10 any olher person. The representations and warranlles conlalned hereIn are based on Bcrrower's due diligence in
Invesllgalh1g Ihe properties lor hazardous wasle and hazardous substances. Borrower hereby fa) releases and waives any future claims against
Lender lor indemnlly or conlribulion 1n lhe event Borrower becomes liable lor cleanup or other costs under any such laws, and (b) agrees 10
Indemnify and hold harmless Lender agalnsl any and all claims, losses, liabllllfes, damages, penallles, and expenses which Lender may d1recl!y or
Indirectly sustaIn or suffer resulllng from a breach of thIs sectfon cf the Agreemenl or as a consequence of any use, generation, manufaclure,
storage, disposal, release or threalened release of a hazardous waste or substance on the properlles. The provisions 01 this secl10n 01 the
Agreemenl, IncludIng the obllgalfon 10 indemniry, shall survive the paymenl of the Indebtedness and Ihe termination or explralion 01 this
Agreemen\ and shall not be affected by Lender's acqulsl\lon of any in\.eras\ In any of the properlles, whe\her by foreclosure or otherwise.
L1llgallon and ClaIms. No lilfgstion, claim, Investigation, administrative proceeding or sImilar acllon (Including those lor unpaid taxes) agaInst
Borrower Is pendIng or thraalel1.9d, and 1\0 oIher event has occurrtld which may ma\erlally adversely affeal 8Qf1ower's financlat condl\\on 01
propertIes, olher lhan IIlIgallon, claims, or other even Is, If any, that have been disclosed 10 and acknowledged by Lender In wrlllng.
Texas. To the best of Borrowers kl'lOwledge, all tax rgtums and reports 01 Borrower that 111'9 or were reqUired 10 be rued, haV9 b9Bn liled, and all
taxes, assessments and other governmental charges have been paid In full, excepllhose presently being or to be conlested by Borrower In good
faith in the ordinary course of business and for which adequate reselV9S have been provided.
LIen Priority. Unless otherwIse previously dIsclosed 10 Lender In writing, Borrower has not enlered Inlo or granted any Security Agreements, or
permllled the filing or allachment 01 any Security Interesls on or affecting any of the Collateral directly or indirectly securing repayment of
Borrower's Loan and Nole, \hal wotJld be prlor or Ihal may in any way be superior 10 Lender's Security Interesls and rights in and 10 such
Collateral.
Blndlng Effect. Tnls Agreement, the Nole, all Secur\\}' Agreemenls direclly or indireclly securlng repayment 01 Borrower's Loan and Nole and aU
of the Relaled Documents are bInding upon Borrower as well as upon Borrower's successors, representellves and assigns, and are legally
enforceabfe In accordanoe with Ihelr respective terms.
Commercial Purposes. Borrower Intends to use the loan proceeds solely for business or commercial related purposes.
Employee Benelll Plans, Each employee benefll plan as 10 which Borrower may have any Ilablllty complies in all material respects wllh all
applicable requirements of law and regulations, and (I) no Reportable Evenl nor Prohibited Transacllon (as defined In ERISA) has occurred with
respect 10 any such plan, (II) Borrower has nol withdrawn from any such plan or Initialed steps to do so, (III) no steps have been taken to
lermlnate any such plan, and (Iv) Ihere are no unfunded liabilities othef Ihan Ihose previously disclosed 10 lender in wrlllng,
locaUon of Borrower's Offices and Records. Borrower's place of business, or Borrower's Chief executive office, Ir Borrower has more Ihan one
place of business, ts located at 1201 Musket lane, Mechanlcsburg, PA 17055. Unless Borrower has designated olherwise in writing this location
Is also the office or offices where Borrower keeps its records concerning Ihe Collateral.
Informallon. Alllnformatlon herelofore or contemporaneously herewith furnished by Borrower 10 lender for the purposes of or In connecllon wllh
this Agreement or any Irflnsactlon contemplaled hereby Is, and alt information herealler furnished by cr on behalf of Borrower 10 Lender will be,
true and accurate in every'malerial respecl Q(lthe date as of whtch such Informalion Is dated or certified; and none of such Informallon is or will be
Incomplele by omllllng to stale any malerial facl neoessary to make such Inrormatlon nol misleading.
SUrvIVal of Representations and Warranties. Borrower understands and agrees t\lallender, wlthoullndependenl investigation, is relying upon
Ihe above representallons and warranties In making the above rerQrenced loan to Borrower. Borrower further agrees Ihal the foregoIng
representallons and warranlles shall be conllnuing In nature and shalt remain In full force and effect unl1l such lime as Borrower's Indebtedness
shall be paicl in lull, or unlil this Agreemenl shall be lermlnated in lhe manner provided above, whichever is I'ne lasllo occur.
AFFIRMATIVE COVENANTS. Borrower covenants and agrees with Lender Ihat, while this Agreement Is In effect, Borrower will:
lIllgatlon, Promptly Inlorm lender In writing of (a) all material adverse changes In Borrower's financial condlUon, and (b) art exlsllng and all
Ihreatened litigation, claIms, Invesllgallons, adminIstrative proceedings or similar actions affecllng Borrower or any Guarantor which could
malerially atlecl tne financial cendlllon of Borrower or the financial cendmen ot any Guaranlor.
Financial RecordS. Mainlaln its books and records In accordance wflh generally accepted accounting principles, applied on a consistent basis,
and permit t.ender \0 examine and audll Borrower's books and 'scords at all reasonable limes.
Financial Slalemenls. Furnish lender with, as soon as avaIlable, bulln no eventlaler Ihan one hundred twenly (120) days aller Ihe end or each
fiscal year, Borrower's balance sheet and Income s\a\emenllm the year ended, comp"ed by a cerllfied public accO\lnlan\ salls-lactory 10 Lender.
All financial reporls requtred 10 be provided under this Agreement shall be prepared In accordance wilh generally accepted accounling principles,
applied on a consistent basis, and cer!ifl9d by Borrower as being Irue and correct.
Addlllonal Informallon. FurnIsh such additional Informallon and'stalements, Ilsls of assets and liabllllles, aglngs of receivables and payables,
Inventory schedules, budgets, forecasls, tax returns, and olher reports with resped 10 Borrower's financial condition and business operations as
lender may requesl from lime to lime,
Insurllnce. MaintaIn fire and olher risk Insurance, public liability insurance, and such other Insurance as Lender may requtre with respect to
Borrower's properties and operallons, In form, amounls, coverages and wUh Jnsurance companies reasonably acceptable to Lender. Borrower,
upon requesl of lender, will deliver to Lender from lime 10 lime the policies or certlflcales of Insurance In form satisfactory 10 Lender, Including
stipulations that coverages win not be cancelled or diminished wllhout at least ten (10) days' prIor written notice 10 lender. Each Insurance polley
also shall include an endorsement providIng Ihat coverage in favor of Lender wilt not be impaired In any way by any act, omission or default 01
Borrower Of any other person. In connecllon with all pOllcles covering assets In which lender holds or Is offered a security interest for the Loans,
Borrower w1l1 provide Lender wllh such loss payable or o\l1er endorsements as lender may fequlre.
Insurance Reports. Furnish 10 lender, upon request of lender, reporls on each existing Insurance polley showing such Information as Lender
may reasOflably requasl, Inch.lding wl\hou\ \lmltalion the following: (a) lhe name ol the InsUlar; (b) the risks Insllred; (C) the amOUr\1 01 the policy;
(d) Ihe properties Insured; (e) the Ihen currenl property values on Ihe basis of which Insurance has been obtained, and the menner of
determining those values; and (f) the explral!On dale of the policy, In addlt!on, upon request of Lender (howeVer not more ollen than annually),
Borrower will have an Independent appraIser sallsfactory to Lender determIne, as applicable, the aclual cash value or replacement cosl of any
Collah;lrat. The cost or such appraisal shalf be paid by Borrower.
Olher Agreements,' Comply wllh all terms ar1d condllions 01 alf olher agreements, whether now or hereafter existing, between Borrower and any
other party and notify lender Immediately In wrlUng of any default In connecllon with any other such agreemenls.
loan Proceeds. Use all Loan proceeds solely for Borrower's business operallons, unless specificallY ccnsented to the contrary by Lender in
Wriling.
Taxes, Charges and Uens. Pay ant, .,scharge when due all of its. indebtedness and cblig.. ,lS, inclUdIng wlll10ul J'rmilalion all assessmen!s,
laxes, governmenlal charges, levies and lien~, of pv<>rv k;"rj ~"rI n~h",., ;~~A~""; .._A~ ....----
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10-05-1999
.Loan No 64000136
BUSINESS LOAN AGREEMENl
(Continued)
Page 3
date on which penalties would aUach, and a!llawlul claims thai, if unpaid, might become a lien or charge u~on any of Borrower's propertiss,
income, or profils. Provided however, Borrower will not be required 10 pay and discharge any such assessment, tax, charge, levy, lien or claim so
long as (a) the legality of the same shall be contested in good faith by appropriate proceedings, and (b) Borrower shall have established on its
books adequate reserves wllh respeclto such conlesled assessment, tax, charge, levy, lien, or claim in accordance wnh generally accepled
acccun\\ng practices. Borrower, upon demand 01 Llmder, w"llurnlsh 10 Lender evidence of payment ot Ihe assessments, laxes, charges, levieS,
liens and claims and will authorize the appropriate governmental oHicial 10 deliver to lender at any lime a written statement 01 any assessments,
taxes, charges, levies, liens and claims against Borrower's properlies, income, or prolils.
Performance. Perform and comply with alt terms, condllions, and provisions sel forlh in this Agreement and in Ihe Relaled Documents in a timely
manner, and pramplly noUfy lender if Borrower learns ollhe occurrence 01 any event which constitules an Event 01 Default under this Agreement
or under any 01 the Relaled Documents.
Operallons. Mainlain execullve and management personnel with subslanllally Ihe same qualifications and experience as the present execulive
and management personnel; provide written notice to lender of any change in executive and management personnel; conduct Us business affairs
in a reasonable and prudenl mallner and In compliance with all applicable lederal, state and municipal laws, ordinances, rules and regulallons
respecting Us pl"opertias, charters, busInesses and cperallcns, inclUding wilhou\ limitatIon, compliance wllh Ihe Americans W\\h Dlsabi\ilies Ac\ and
with all minimum funding standards and olher requirements of ERISA and ather laws applicable 10 Borrower's employee bene lit plans.
Inspection. Pelmlt empk;Ya9s Of 8gen\s at lender at any feasonabla time to Inspect any and all CoHatafallor the loan or Loans and BorfOwar's
olher propeniEls and to examine or audit Borrower's books, accounts, and records and 10 make copies and memoranda of Borrower's books,
accounts, and records. If Borrower now or at any time hereafter maintains any records (inclUding without limitation computer generaled records
and computer software programs lor Ihe generalion 01 such records) in Ihe possession of a third party, Borrower, upon request allender, shall
noUfy such party 10 permit lender free access to such records al all reasonable limes and to provide lender with copies 01 any records it may
request, all at Borrower's expense~'
Complhmce Certlflcate. Unless waived in writing by Lender, provide Lender at least annually and at the time of each disbursement 01 loan
proceeds with a cerlificale el<EK:uted by Borrower's ahlel financial otltc:er, or otl\er olliaer or pel"SOn acceptable to Lendec, cedlf)'lng that the
represenlaUons and warranties sel forth in Ihis Agreement are !rue and correct as ollhe date ollhe cenWcale and lurther certifying Ihat, as of Ihe
dale of the cenificate, no Event 01 Cefaull exisls under this Agreement.
Environmental Compliance and Reports, Borrower shall comply in all respects wHh all environmental prolection federal, slate and local laws,
stalutes, regulations and ordinances; nol cause or permit to exist, as a result of an intentional or unintentional acllon or omission on ils part or on
lhe part of any thIrD party, on property owned andlor occupIed by Borrower, any environmental activity where damage may resuli to the
environment, unless such environmenlal activity Is pursuant 10 and in compliance with Ihe conditions 01 a permil issued by the appropriate federal.
stale or local govern menial authorities; shall furnish to lender promptly and in any event within thirty (30) days afler receipt thereof a copy 01 any
notice, summons, lien, citation, directive, leller or olher communication from any governmental agency or instrumenlaJily concerning any inlentional
or unintentional aclion or omission on Borrower's pan In connection with any envlronmenlal activity whether or not there is damage to the
environment andlor olher natural resources.
Addlllonal Assurances. Make, execule and deliver to lender such promissory notes, mortgages, deeds 01 trust, security agreements, financing
s\alemenls, instruments, doouments and ather agreemenls as lender or ils al'torneys may reasonably reQuesllo evidence and secure lhs loans
and to perfect all Security Interests,
NEGA.TIVE COVENANTS, Borrower co-venar.ls ano agrees with lender that while this Agreement is in 6llect, Borrower shall not, wllhou\ lhe prior
written consenl of Lender:
Indebtedness and LIens. (a) Except for trade debt Inc\med in tt\e normal course ol business and Indebtedness to lender cootemplated by this
Agreement, create, Incur or assume Indebledness lor borrowed money, Including capilalleases, (b) except as allowed as a Permitted Uen, sell,
transfer, mortgage, assign, pledge, lease, granl a security inlerest in, or encumber any of Borrower's assels, or {cJ sell with recourse any 01
Borrower's accounts, except to lender.
Conllnully of Operations. (a) Engage in any business activities substantially dlfferenlthan those In which Borrower is presently engaged, or (b)
cease operations, liquidate, merge, transler, acquire or consolidate with any olher enUly, change ownership, dissolve or transler or sell Collateral
out of Ihe ordinary course 01 business.
Loans, AcqulsJtlons and Guarantles. (a) loan, invest in or advance money or assets, (b) purchase, create or acquire any interest in any olher
enterprise or enlity, or (c) Incur any obligation as surely or guaranlor other Ihan In the ordinary course of business.
CESSATION OF ADVANCES. If lender has made any commitment to make any loan 10 Borrower, whether under this Agreement or under any olher
agreement, lender shall have no obligation to make loan Advances or to disburse loan proceeds if: (a) Borrower or any Guarantor is in default under
the terms at lhls Agreemer.! or any of the Retated Documents or any other agreement that Borrower or any Guarantor has with Lander; {bl Borrower or
any GuaranlOf dies, becomes incompetent or Insolvent, flies a pelllion in bankruptcy or similar proceedings, or is adjudged a bankrupl; (cl there
occurs a material adverse change in Borrower's financial condillon, in the IInancial condition of any Guarantor, or in the value of any Colisteral securing
sny loan; (dl any Guarantor seeks, claims or olherwise allempls 10 limit, modify or revoke such -Guaranlor's guaranly otthe Loan or any olher loan
with lender; or (e) lender in good lailh deems itsell insecure, even Ihough no Evenl of Default Shall have occurred.
CALL PROVISION. At any time after Ihe expiralion 01 five (5) years Irom Ihe dale hereol, upon sixly days' prior wrillen nollce 10 Ihe Borrower, Lender,
at its sole discretion, may declare the then remaining balance of the pdnclpal sum and accrued interest as immediately due and payable. II lender
never elects 10 make such declaration, this Nole shall mature, and the entire unpaid balance 01 the prtncipal sum and all accrued and unpaid interest
Ihereon, shall be due and payable on October 5, 2019.
VARIABLE INTEREST RATE. The Inlerest rate an this Nole may be sub[ect to change Irom time to time based on changes in an index which is Ihe
PennSylvania State Bank's Base lending Rale (the Hlndex"). The Index is not necessarily Ihe lowesl rate charged by lender on its loans and is sel by
lender in lis sola discretion. II the Index becomes unavailable during Ihe term 01 this loan, lender may designate a substitule Index after notifying
Borrower. Lender will tell Borrower Ihe currenl IndS)( Rate upon Borrower's request. Borrower understands Ihat lender may make loans based on
other rates 8S well. The Interesl rate change will not occur more often Ihan once each day. The Index currently is 8.25% per annum. NOTICE. Under
no circumslances wUllhe Interest rale on Ihls Nole be more Ihan Ihe maximum rale allowed by applicable law.
l.OAN DOCUMENTS. This Note, Ihe Mortgage and Security Agreement, the relaled collateral documents, lender's commitment teller 10 Borrower
dated JUly 1, 1999, are referred to herein COllectively as the "loan Documents", and the provisions Ihereof are Incorporated herein by relerence.
DEFAULT INTEREST RATE. In the event 01 delault lor which lender does not accelerate the loan, including Ihe lailure 01 Borrower 10 provide Ihe
financial stalements as required hereunder or under Ihe loan Agreement, Ihe applicable Interest rate on Ihe loan, lor a period beginning three (3) days
after writlen notice of such delault and ending upon the curing of said noticed default, shall Increase one Quarter alone percenl (.25%) for the firsllhirly
(30) days 01 said delault and increase an additional one quarter (.25%) during each thirty (30) day period thereafter during which the notice default
continues. Such delault in\erest rates shall apply to the outstanding principal balance 01 the loan. Upon the curing of the noticed da-lault, the inleresl
rate on Ihe loan shall revert to the initially agread-upon interest rale ellecllve on the dale on which the delault is cured.
RIGHT OF SCTOFF. 8or/ower grants \0 Lend8\' a contraclual SBC\lrity Inlerest in, and hereby assigns, conveys, delivers, pledges, and. trans{els 10
lender all Borrower's righi, tiUe and inlerest in and 10, Borrower's accounts with lender (w.hether checking, savings, or some other account), Including
withoul ,imUallon all accounts held Joinlly wilh someone else and all accounts Borrower may open In Ihe fulure, eXCluding however all IRA and Keogh
accounts, and all IrUsl accounls for which the grant of a securlly interesl would be prohlblled by law. Borrower authorizes lender, to the exlenl
permitted by appUcable law, 10 charge or setoff alt sums owing on the Indebtedness againsl any and all such accounts.
EVENTS OF DEFAULT. Each ollhe following shall constitute an Evenl of Default under this Agreement:
Default 00 Indebtedness. Failure of Borrower to make any paymenl when due on the Loans.
Other Defaults. Failure 01 Borrower or any Grantor 10 comply wHh or 10 perform when due any olher lerm, obligation, covenant or condition
conlained in thi$ Agreement or in any 01 the Relaled Documents, or lallure 01 Borrower to comply with or 10 perform any olher term, obligalion,
covenanl or condition contained in any other agreemel11 bi:)lween Lender and Borrower.
Environmental Default. Faiture 01 any party to complY with or perform when due any lerm, obligation, covenant or condition contained in any
environmental agreement execuled In connecllon with any loan.
Default In Favor of ThIrd Parties. Should Borrower or any Granlor delault under any loan, extension 01 credit, security agreemenl, purchase or
sales agreement, or any olher agreemenl, In lavor 01 any olher credHQr or person Inal may malerially altect any 01 Borrower's properly or
Borrower's or any Grantor's ability to repay the Loans or pertorm their respective Obligations under Ihls Agreement or any of the Related
Documents.
False Slalements. Any warranty, representallon or slalement made or lurnished 10 leJ1der by or on behalf of Borrower or any Granlor under thiS
Agreement or tne Related Documents is false or miSleading in any material respect at the lime made or lurnlshed, or becomes false or misleading
al any lima therealler.
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10-05--1999
Loan No 64000136
BUSINESS LOAN AGREEMENT
(Continued)
Page 4
Defecllve Collalerallzallon. this Agreement Dr any of the Related Documents ceases 10 be In full force and aHeel (Including failure 01 llny
Security Agreement \0 create II, valid and perfecletl Secur\\y lnleresl) a\ any I1me and lor any reason.
Death or Insolvency. The death of Borrower or the dissolution or terminallon 01 Borrower's existence as a going business, the insolvency of
Borrower, the appoIntment of a recglver lOT any part of BtIrfGwer's property, any assignment for lha benefil 01 cfetl\\ors, any type of cr90\\01
wori<out, or Ihe commencement of any proceeding under any bankruptcy 01' Insolvency laws by or against Borrower.
Credllor or For1ellure Proceedings. Commencement of foreclosure or forfaUure proceed!ngs, whetl1er by JUdicia! proooedlng, sell-lwlp,
repossession or any other melhod, by any credllor of Borrower, any credllor of any Grantor agalnsl any collateral securing Ihe Indebledness. or by
a~y governmental agency. This Includes a garnishment, a"achment, or levy on or of any of Borrower's deposll accounts with lender. However,
thIS EVM\. of Oefaull shall not apply II '~Is & good fallh rllspu\e by Borrower or Gran\Of, as tne case may be, 85 to the validity or reasonableness
of the clarm which Is the basis of the creditor or forfellure proceeding, and If Borrower or Grantor gives Lender wriHen nollce of Ihe creditor or
forfeiture proceeding Bnd furnishes reserves or a surely bond for the creditor or forfellure proceeding satisfactory to Lender.
Events Affecting Guaranlor, Any of Ihe preceding evenls occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. lender, allls option, may, bul
shall nol be required to, permillhe Guarantor's estate 10 assume uncondlllonany the obngallons arising under the guaranty In a manner sallsfaclory
to lender, and, In doing so, cure Ihe Event of Defaull.
Adverse, Ch&n1Je, A ma\er\al ad\lerse change- occurs In Borrower's financial condl\ion, or Lender believes the pros peel ot payment or
performance of the Indebtedness Is Impaired.
InseCUrity, Lender, In good falth, deems Itself Insecure.
Rtght to CUre. If any default, other than a Default on Indebtedness, Is curable and If Borrower or Granlor, as Ihe case may be, has nol bean
given a notice of a similar default withIn the preceding twelve (12) months, II may be cured (and no Evenl of Defaull wilt have occiJrred)1f Borrower
or Granlor, 115 the case may be, after rllcelvlng wrlllen notica from Lender demanding cure of such default: (a) cures the delault wllhin thirty (30)
days; or (b) if the cure requires more-than thirty (30) days, ImmediatelY Inlllates steps which lender deems In lender's sole dIscretion to be
sufficient to cure the delault am:! thee-eaRer continues and oomplelss all r96.s-onable and MCMSBry s\eps sufficient to produce compliance as soon
as reasonably pracllcal.
EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided In this Agreement or the Related
Documenls, alt commllments and obllgaUons of Lender under Ihls Agteement or the Relaled Documenls or sny other agreement Immediately will
terminate and, at Lender's option, alllndebtEldness Immedlalety will become due and payable, all w1lhout nolfce of any kind 10 Borrower, excElpllhat In
the case of an Event of DefauU of \he type described In tM "((\sollie!\CY" ...ubsection above, such aooe1eratlon shall be automatic and not optional. In
addillon, Lender shall have all the rights and remedies provided In the Related Documents or available at law,ln equity, or olherwlse, Excepl as may
be prohibited by appllea.ble law, alf 01 Lender's rlghls and remedies shall be cumulallve and may be exercised slngulerly or concurrenlly. Election by
lender \0 pursue any ,emedy shall 1'10\ exclude pursu\\ 01 any oIher remedy, and an eleclion to make expendllures or 10 lake aelion 10 perform an
obllgallon of Borrower or of any Grantor shalf not affect lender's rlghlto declare a default and 10 exercise Its rights and remedies.
MISCELlANEOUS PROVISIONS. The foll~ mlSC9llaneous provisIons ar& a part of this Agreemenl:
Amendmenls. This Agreement, togelher with any Related Documenls, consUMes Ihe entire underslandlng and agreement of the parties as 10 the
mailers sel forth In this Agreement. No alterallon of or amendment 10 this Agreement s!tall be effective unless given In wrlUng and signed by the
party or parlles soughlto be charged or bound by Ihe allerallon or amendment.
Appllcabte Law. This Agreement has been delivered to lender and accepted, by Lender In Ihe Commonwealth or Pennsylvania. If Ihere Is
a lawsun, Borrower agrees upon lender's request 10 submit to the Jurlsdlcllon of the courts of Cumberland Counly, the Commonweallh
of pennsylVania. Thts Agreement shall be governed by and construed In accordance wtlh the laws of the Commonweallh of
PennS'jlvanta,
Caption Headings. Capl10n headings In this Agreemenl are lor convenience purposes only and are nol 10 be used 10 Interprel or define Ihe
provls(ons 01 this Agreement
Mulllple Parties, All obllgalions of Borrower under this Agreement shall be Joinl and several, and aU references 10 Borrower shall mean each and
every Borrower. This means that each of the persons signing below Is responsible for all obligations In this Agreement
Consent to Loan Participation. Borrower agrees and consents 10 Lender's sale or Iransfer, whelher now or laler, of one or more parUcipalion
Interests In Ihe loans to one or more purchasers, whelher relaled or unrelated to lender. Lender may provide, w11hout any Ilmllallon whatsoever,
10 anyone or more purchasers, or polen6al purchasers, any Informallon or knowledge lender may haIlS about Borrower or about any olher mailer
relallng 10 the Loan, and Borrower hereby waives any rights 10 privacy It may have with respeello such mailers. Borrower additionally waives any
and all nol.lCils of sale of partlclpallon Inlerests, as well as all nollces of any repurchase of such pa.rllclpallon Interests. Borrower also agrees that
the purChasers of sny such parfk:lpallon Interests will be considered as tl1e absolute owners of such Inlerests In Ihe loans and wilt have all the
rlghls granted under Ihe partlclpalton agreement or agreemenls governing the sale of such particIpation Il1lera51s. Borrower further waives all
lIghts ol oflse\ or counterclaIm lhat \I. may haw now or later agalnsl lender or agaInst any pllTchaser of such a partICipation Inleres\ and
unconditionally agrees thai ellher Lender or such purchaser may enforce Borrower's obllgaUon under Ihe Losns irrespective of lhe failure or
Insolvency of any holder of any Inlereslln the Loans, Borrower further agrees thallhe purchaser of any such parliclpation Interesls may enforce lis
Interesls Irrespecllve of any persorlal claims or defenses that Borrower may have against Lender.
Cosls and EXpenses. Borrower agrees 10 pay upon demand all of Lender's expenses, including wllhoul limitation allomeys' fees, Incurred in
connecllon wnh \he preparalion, ex:eculion, enforcement, modifrcallon and collecllon 01 lhis Agreement or in connection wI1h \tie loans made
pursuant to Ihls Agreement. Lender may pay someone else to help co1fecllhe loans and 10 enforce this Agreement, and Borrower will pay Ihel
amount. this Includes, subJeclto any limits under applicable law, lender'$ altorneys' fees and Lender's legal expenses, whether or nolthere Is a
lawsuit, Including atlorneys' fees for bankruptcy proceedings Oncludlng efforls to modify or vacate any aulomallc stay or InjlJncllon), appeals, and
any anllclpated post-judgment collecl1on services. Borrower also will pay any court cOSlS,In addition 10 all other sums provided by law.
Notlces. Aft nollces required 10 be given under Ihls Agreement shall be given In Wrlllng, may be senl by lelefacslmlle (unless otherwise required
by law), and shall be effecllve when aClually delivered or when deposlled wllh a nallonaliy recognized overnight courier or deposiled In the Uniled
Slates mall, first class, postage prepaid. addressed 10 the party to whom the nC)llce Is to be given at the address shown above. Any party may
change Us address for notices under this Agreement by glvll)g formal wrillen nob 10 the other parlles, specifying thallhe purpose of the notice Is
to change the party's address. To Ihe axlenl permllled, by 'applicable law, if there Is more than one Borrower, notIce to any Borrower will constitute
nolice to all Borrowers. Fot nob purposes, B~rower will keep Lender Informed at all Urnes c1 Borrower's CUlient address(es).
Severability. If a court of competent jurisdlcllon finds any provision of Ihis Agreement 10 be Invalid or unenforceable as 10 any person or
circumstance, such lindlng shall no! render Ihat provlslon InvalId Of unenlOf<:eable as to any olher persons Of clfcums1ances. llleasible, any such
offending provision shall be deemed to be modified to be within the IImlls of enforceability or validity; however, If the offending provision cannol be
so modified, It shall be stricken and all other provlslons of Ihls Agreement in all other respeds shall remain vand and enforceable.
SubsIdiarIes and Afftllates of Borrower, To the exlentlhe conlext of any prOVisions 01 this Agreement makes it appropriate, Including without
Ilmllation any represenlallon, warranty or covenant, the word "Borrower" as used herein shall include all subsidiaries and affillales of Borrower.
NoIwlths\andlng lhe loregolng hOW9\I9T, under no c1mumstances shalllhls Agreemen\ be consltued \0 ,equlre Lender 10 make 'ilrVf loan or other
financial accommodation to eny subSidiary or affiliate of Borrower.
SUcc~s end AssIgns. All covenanls and e.gI'aements contained by or on bet'lal! of Borrower shall bind ils successors and assigns and she.U
Inure to Ihe benen! of Lender, lis successors and assigns. Borrower shall not, however, have Ihe right to assign Its rights under Ihls Agreement or
any Inlerestthereln, wilhoutthe prior wriflen consenl of Lender.
Survtval, All warranlles, represenlatlons, end covenanls made by Borrower In this Agreement or In any cerllflcale or olher Instrumenl delivered by
Borrower 10 lender under this Agreement shall be considered 10 have been relied upon by Lender and will survive the making of the Loan and
delivery to lender 01 the Related Documents, ragafdless cl allY In\J&,l\gatiol\ made by lender Of on lender's behall.
Time Is 01 the Essence. Time Is ollhe essence In lhe performance of Ihis Agreement.
Watver. lender shan not be deemed to have waived any rights under this Agreement unless such waiver Is given in wriling and slgned by
Lender. No delay or omission on the pari of Lender 111 exercising any righl shall operale as a waiver of such right or any other right. A waiver by
Lender of a provision of Ihls Agreement shall not prejudice or conslllule a waiver of Lender's right olherWise to demand strict compliance with Ihal
provision or any c1lher proviSion of this Agreement. No prior waiver by Lender, nor any course 01 dealing between Lender and Borrower, or
between lender and any Granlor, shall constilute a waiver of any of lender's rights or of any obligations of Borrower or of any Grantor as 10 any
full.lfe Ifansactkms. WhaMvel' tne consent Gf lende.r Is feqU\r~ under Ihls Agreement, lhe granting 01 such consent by lender in any Instance
shan not conslilute conllnulng consent1n subsequent instances where such consentls required, and In aU cases such consenl may be granted or
withheld In Ihe sole discrellon of lend~'
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10-05-1999
Loan No 64000136
BUSINESS LOAN AGREEMENl
(Con\lnued)
Page 5
EACH BORROWER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS BUSINESS LOAN AGREEMENT, AND EACH BORROWER
AGREES TO ITS TERMS. THIS AGREEMENT IS DATED AS OF OCTOBER 5, 1999.
THIS AGREEMENT HAS BEEM SIGNED AND SEALED BY THE UNDERSIGNED.
BORROWER:
""f.~.' """""""~""~"""'Ii~,',',"" ,"',"',',"'"
..~..,'_" ,<(=".. ,,__' "-,-,,,,'_'_' ....'a~' ,--.-",'_'_....' ""'''',_. <<'_'_-" ....-.-
X *f,:~-, .. 'j{- ,'.' .. AY:);:::" ''"'::~~;::: '\\t:M, .-/.' t ...".~',: \":'-':Si;~.~
ealher L. Schenk
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LENDER:
PENNSYLVANIA STATE BANK
d~ A;;tI...
By:
Authorized Officer
LASER PRO, Reg. U.S. Pat. & T.M. on., Ver. 3.:na (c) 111911 CFI ProServlcu, Inc. All rights reserved. rPA~C40 E3.27 F3.21 P3.21 SCHENKS.l.N R5.0VL)
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C<' ,.MERCIAL SECURITY AGRL.i/lENT
Borrower: Tlmolhy M. Schenk (SSN: 162-66-9347)
Heather l. Schenk tSSN: 182-62-4459)
1201 Musket Lane
Mechanlcsburg, PA 17055
Lender: PENNSYLVANIA STATE BANK
Cumberland ParkWllY
91 Cumberland ParkWay
Mechaf\lcsburg, Pi\. 17QS5
THIS COMMERCIAL SECURITY AGREEMENT Is entered Inlo between Tlmolhy M. Schenk and Heather L Schenk (referred 10 below as
"Grantor"); and PENNSYlVAN\A STATE BANK (referred to below liS "lender"). For vllluable consIderatIon, Grantor gran1s 10 tender a
security Inleresl In the Collaleral 10 secure Ihe Indebtedness and agrees that Lender shall have Ihe rights stated In Ihls Agreement with
respecl to the Collaleral, In addlllon to all other rights which Lender may have by law.
DEFINITIONS. The followIng words shall have Ihe following meanings wherl used In Ihls Agreement. TermS nol olherwise defined in this Agreemenl
shall have the meanings allributed 10 such terms In the Uniform Commercial Code. All references 10 dollb.r amounts shall mean amounls in lawful
money of Ihe Uniled Slales of America.
Agreement. The word ~Agreemenlw means this Commercial Securily Agreemenl, as Ihis Commercial! Security Agreement may be amElnded or
modllied from lime 10 lime, logelh.?r wilh all exhibfls and schedules aUached to Ihls Commercial Security Agreement Irom lime to time.
COllaleral, The word wCollateral" means Ihe fOllowIng described properly of Granlor, whether now owned or hereafter acquired, whelher now
exlsllng or hereafter arising, and wherever localed:
1. All 01 Debtor's "xlures, machinery rurnllure, furnishings and equ/pmenl 01 any nature w~afsoever, and olher articles of tangIble
personal property purchased by Debtor and now or al any time hereaner Inslalled In, ntlached to or placed or slluated In or upon
the Improvements erected on the real estate described In Paragraph 10 and used or Intended to be used In the operation of any
buildings and improvements now or hereafter ereeled thereon, InclUding replacements and!5UbsmulIons thereof, together wllh all
building materials delivered on site to the real estale during the course of, or In connection wIth, conslrucllon of, or reconstruellon
of, or remodeling of any Improvements Irom time to time. 2. All of Debtor's right, title and Intereslln, to amI' under Agreement(s) 01
Lease now or hereafler exlslIng as respects lhe real estate described below or the bulldln~s and Improvements erecled thereon,
Including lease, rental and other payments due or to become due thereunder. 3. All 01 Debtor's righi, tIlle and Interest In, to and
under any arid all conatrucUon canlr8Cts between Debtor{s}, BS OWner, Imd any lmd BlI tontractors, subcontractors Bnd/or
malerlalmen, logether with all rights and privileges of any nalure thereunder accruing 10 Deblor, and all plans, municipal
agreemenls, engineerIng sludles, sewer and all other plans, permlls, licenses and approvals related to Ihe premIses, and any
agreement(s) ror the management or operallon of all or any pari of Ihe premises. 4, All proceeds and products of the foregoing.
In addition, Ihe word MCollaleral~ includes all the following, whelhor now owned or hereafter acquIred, whether now exisllng or hereafler arising,
and wherever located:
(a) All attachments, accessions, accessories, loo!s, paris, supplies, Increases, and additions 10 and all replacemenls 01 and substitulions lor
any properly described above.
(b) All producls and produce of any 01 the properly described in lhis Collaleral section.
(c) All accounls, general Intangibles, Inslrumenls, rents, monies, payments, and all olher rights, arising out 01 a sale, lease, or other
disposilion of any ollne properly described In Ihls Collatera! seclion.
(d) All proceeds (IncludIng insurance proceeds) from the sale, destruction, loss, or olher dispos1ilon of any ollhe properly described In this
Collaleral secnon.
(e) All records and data relating 10 any of the properly described In this Collateral section, whelher In the lorm of a writing, photograph,
microfilm, microfiche, or eteclronic media, together with all 01 Grantor's right, title, and inlerestln and 10 all compuler software required 10
utili;ze, creale, malnlaln, and proceSS any such records or data on electronic medIa.
Some or alt of tl1e Collaleral may be localed on Ihe following described rElal eslale:
5303 E. Trlndle Road, Mechanlcsburg, Pa, 17055,
Event ot Delault. ,he words "Evenl 01 Delaulr mean and lnclude wilham limilallon any of \he Events 01 Defaull sel forlh below in Ihe sec1ion
Imad "Events of Default.~
Grantor. ,he word wGran\or" means limo\hy M. Schenk and Heather l. Schenk.
Guaranlor. The word wGuarantor" means and Includes wllhout Ilmllallon each and all of Ihe guarantors, sureties, and accommodation parties In
conneclion wilh Ihe Indebtedness.
Indebtedness. The word wlndebtedness~ means a Note from Timothy M. Schenk and Heather L Schenk daled October 5, 1999. In addilion,
Ihe word "lndeblednessM includes all other obllgalions, debts and liabililies, plus inleresl \tmreon, ot Grantor, or anyone or more ollhem, 10
Lender, as well as all claims by Lender against Grantor, or anyone or more of them, whelher existing now or later; whether Ihey are voluntary or
Involuntary, due or not due, direct or IndIrect, absolute or contingent, uquldated or unl1quldaled; whelher Grantor may be liable Individually or
joinl1y with olhers; whether Grantor may be obligated as guaranlor, surely, accommodation party or otherwise; whether recovery upon such
indebtedness may be or hereafter may become barred by any statule of limitations; and whether such Indebtedness may be or hereafter may
become olherwlse unenforceable.
lender. The word ''Lender'' means PENNSYlVANIA STATE BANK, its successors and assigns.
Nole. The word nNote" means lhe note or credit agreement dated Oclober 5, 1999, in the princlpat amounl of $430,000.00 from Timothy M.
Schenk llnd Heather L. Schenk to Lender, togelher wllh all',Tenewals 01, extensions of, modlfications of, refinancings of, consolidations of and
subslilulions for the nole or credit agreement. .
Relaled Oocumenls. The words "Relaled 06CumenlsM mean and include wllhout limilatlon aU promissory noles, credit agreements, loan
agreements, environmental agreemenls, guaranties, security agreemenls, morlgages, deeds 01 Irusl, and all olher inslruments, agreemenls and
documents, whether now or hereafter exlslfng, executed In connection with the Indebtedness.
RIGHT OF SETOFF. Granlor hereby granls Lender a contractual securitY Intereslln and hereby llssfgns, conveys, delivers, pledges, and lransfers all
01 Granlor's right, tilfe and Interesl In and 10 Grantor's accounls with Lender (whether checking, savings, or some other account), inCluding all
accounts hald jointly wi\h someone e\S9 am:! all aoocunts Granter may opan in \ha f\.llure, excludIng, hoWever, alltRA and Keogh accoun!s, and all
trust accounts for which Ihe grant of a security Interest would be prohibited by law. Granlor authorizes Lender, 10 the exlenl permmed by appllcable
law, to charge or setoff all Indebtedness agalnsl any and all such accounts.
OBLIGATIONS OF GRANTOR. Granlor warrants and covenanls 10 Lender as lollows:
Perfection ot SecIJrlty Interest. Grantor agrf9s la execute such flnanclng statemenls and to tal<e whatever cttm( actions are Tequesled by
Lender to perfecl and continue Lender's security Inlerest in the Collateral. Upon request of Lender, Grantor wll1 deliver 10 Lender any and all 01
Ihe documenls evidencing or consl!lullng the Collaleral, and Granlor will nole Lender's Inleresl upon any and all chatlel paper 11 not delivered 10
Lender lor possession by Lender. Grantor hereby appoints Lender as lis Irrevocable attorney-ln--fact for lhe purpose of executing any
documenls necessary 10 perleclor 10 conllnue Ihe security lnteresl 9ranled In lhls Agreement. Lender may at any time, Bnd wtlhoul further
authorIzatIon fram Granlar, fill! a cafbon, pholagfaphic ar olher repl"oducl\ol'. of any llnanclng statement or 01 thIs Agr(lemenl for use as a
financing stalement. Granlor will reimburse Lender for all expenses for the perlecllon and Ihe conlfnuallon ollhe perfection 01 Lender's security
Inleresl In the Gollateral. Grantor promptlY will noUfy lender before any ohange In Grantor's name Including any change 10 Ihe assumed
business names 01 Granlor. This Is a continUing Securlly Agreemenl and will conllnue In effecl even though all or any part of the
Indebtedness Is paid In full and even though lor a periOd 01 time Grantor may nol be Indebted to lender.
No VIolation. The-execulloT1 and delivery of Ihls "'-,':':_:''': EXHIBIT';'V ~,{; w or agreement governing Granlor or 10 whIch Grantor Is a
party. ,-: ' '_:' < ,,: "", '
Enlorceablllty.of CoUlllera!. To Ihe extent the Co 1,_:; ''';I-"-l<bf>-'~'>:'''' ,.;'":,, "'"
In accordance wllh lis lerms, Is genuine, and com -;.';:<~";i..>. -,},(!~,"~;'/
and all persons appearing \0 be obligated 0\'\ the C "," ...., ",,, ---
onthe Collateral.
tel paper, or general Intangibles, the Collateral is enlorceable
Ing form, contenl and manner or preparation and execuffon,
clty \0 CQf\trac\ 1100 are if\ fac( obligated as they appear to be
loce\\all of \h~ C()l\1I1f'r~1 (;,,,,,l'" ',n"~ .,,~,,~-'
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10-05-1999
.LoBn No 64000136
COMMERCIAL SECURITY AGREEMENT
(Continued)
Page 2
and Collaleral locallons relallng 10 Grantor's operations, Including without Jimilallon the following: (a) all real property owned or being pLlrchased
by Grantor; (b) all re.at property being {en~d or leased by Grantor; (c) aU storage lacilities owned, rented, leased, or being used by Grantor; and
(d) aU other properties where Collateral IS or may be located. Except in the ordinary course of ils business, Grantor shall 0.01 remove the
Collalerallrom its e;l(isling locations wilhoullhe prior wrJllen consent 01 Lender.
Removal 01 Collateral. Granlor shall keep the Collateral (or to the extenllha Collateral consists 01 intangible properly such as accounts, the
records concerning the Collateral) al Grantor's address shown above, or at such other locations as are acceptable to lender. Some or all of the
Conaleral may be localed at Ille real property described above. ExceplIn lhe ordinary course 01 its business, Including Iha saleS ollnlJQntory,
Grantor shall not re(nove the Collateral from its existing locations without the prior wrlllen consent of Lender. To the eldsntthat the Collateral
consists of vehicles, or olher tilled property, Grantor shall not lake or permit any action which wOl.lld reqUire applid~.lion for certifioates of title lor
the vehicles outside the Commonwealth of Pennsylvania, wllhoutlhe prior written consent of Lender.
Transacllons Involving, Collaleral. Except lor invenlory sold or accounts collecled In the ordinary course of Grantor's business, Grantor shall
~ot sell, offer to sell, or othelWlse transfer or disp~se 01 the Collateral. While Granlor is nol in delault under this Agreement, Grantor may sell
mventory, bul only in the ordinary course of Its busmess and only to buyers who qualify as a buyer in the ordinary course of business. A sale in
the ordinary course 01 Granlor's business doos not Include a Iransler In partial or lolal salislaclion 01 a debt or any bulk sale. Granlor shall not
pledge, mortgage, encumber or otherwise permlltha Collaleralto be subject to any lien, security Interesl, encumbrance, or charge, olher than Ihe
security interesl provided for In this Agreement. wUhoutlhe prior wrlllen consent 01 lender. This Includes securlly Inlerests even 1/ luniOf in right
to Ihe securily interests granted Ullder this Agreement. Unless waived by Lender, all proceeds from any disposition of the Collateral (for whalever
reason) shall be held In trust lor lender and shall not be commingled with any other lunds; provided however, Ihls requirement shall nol
constilule consent by Lender to any sale or o\tler dlspOSillon. Upon receipl, Granlor shall immediately deliver any such proceeds to Lender.
Title. Grantor represents and warrants 10 Lender thai it hoJds good and marketable lIUe 10 the Collateral, free and clear of all liens and
encumbrances except lor the lien" of this Agreement No financing slatement covering any ol the Collateral is on' Ule in any public office other
fhan those Which reflecl the security Inleresl created by Ihis Agreemenf or 10 which lender has specJlically consented. Grantor shall defend
Lender's righlS in the Collateral against the claims and demands of all other persons.
Collatenll Schedules and locallons. Insofar as the Collateral consists of Inventory, Grantor shall delJver 10 Lender, as often as Lender shall
require, such lists, descriptions, and designations of such Collateral as Lender may require to idenllfy the nature, eldent, and location 01 such
Collateral. Such InlormalJon shall be submitted lor Granlor and each of Its subsidiaries or related companies.
Maintenance and Inspection 01 Collateral. Granlor shall maintain all tangible Collaleralln good condilion and repair. Grantor will not commil
or permit damage to or destruction 01 the Collateral or any part of the Collateral. Lender and lis deslgnaled reptasenlallves and agents shall
have fhe right at all reasonable limes 10 examine, Inspect, and audit the Collaleral wherever located. Grantor shafllmmedlatety notify Lender 01
aU cases involving the eetum, relecttoo, tapos$9SSlo(l, loss O! damage of or to any Collal.eral; 01 any request lor credit or adlustment or of any
other dispute arising wllh respect 10 Ihe Collaleral; alld generally 01 aU happenings aod elJQrtls aNecting the Collateral or Ihe value or the amount
of the Collateral.
Taxes, Assessments and liens. Grantor wllf pay when due alllaxes, assessments and liens upon Ihe Collaleral, lis use or operation, upon thJs
~reemanl, upon any promissory nole or notes evidenCing the Indebtedness, or upon any of the other Aelated Documents. Granlor may
wllhhold any such paymenl or may elecl 10 oonlesl any lien If Granlor is In good tailh conductlng an appropriale proceeding to conlesl Ihe
obllgation to pay and so long as Lender's interest In the Collateral Is not Jeopardized in lender's sole opinion. If the Collateral Is subjected 10 a
Uen which Is not discharged wllhUl flfteen (15) days, Grantor shall deposlI with Lender cash, a sutliclent corporale surely bond or other security
satlslactory 10 lender in an amount adequate to provide lor the discharge of the lien plus any Interest, costs, attorneys' fees or olher charges that
could accrue as a resull of foreclosure or sale 01 the Collaleral. In any contesl Grantor shall delend Uself and Lender and shall satisfy any final
adverse Judgmenl beiore enlorcement against Ihe Collaleral. Granlor shall name lender as an addilional Obligee under any surely bond
lurnished In Ihe conlest proceedings.
Compliance WlIh Govarnmental Requirements, Grantor shall comply prompny wilh an laws, ordinances, rules and regulal'lons 01 all
governmental authonlles, InclUding without Jimitation aU environmental taws, ordinances, rules and regulallons, now or hereafter in effecl,
applicable 10 the ownership, production, disposition, or use of the CollaleraL Grantor may contesl in good laith any such law, ordinance or
regulation end wllhhold compliance during any proceeding, Inch.lding appropriale appeals, so long as lender's interest in the Gollaleral, in
Lender's opinion, is nol jeopardized.
Hazardous Substances. Grantor represents and warrants that the Collateral never has been, and never will be so long as this Agreement
remains a lien on Ihe Collateral, used lo( the generation, manulaclure, storage, Iransportation, Ireatment, disposal, release or threatened release
ot any hazardous waste or sUbslance, as lhose terms are delined in the Comprehensive Environmenlal Response, Compensalion, and Liabilily
Act 011980, as amended, 42 U.S.C. Section 9601, el seq. ("CERCLA"), the Superfund Amendments and Reaulhorlzation Acl 011986, Pub. L No.
99-499 ("SARAi, the Hazardous Materials Transpor1alfon Act, 49 U.S.C. Secllon 1801, el seq., the Resouroe Conservation and Recovery Act, 42
U.S.C. Section 6901, el seq., or olher applicable state or Federal laws, rules, or regulallons adopted pursuant to any of the foregoing. The terms
"hazardous waste" and "hazardous substance" shall also inolude, wllhout limitation, petroleum and petroleum by-products or any fracllon thereol
and asbestos. The represenlalions ano warranlies contaIned hereIn are based on Granlor's oue diligence In lnvesligating the Collaleral lor
hazardous wastes and substances. Grantor hereby (a) releases and waives any luture claims against Lender lor indemnlly or contribution in lhe
event Granlor becomes liable for oleanup or olher costs under any such laws, and (b) agrees to indemnify and hold harmless Lender against
any and alf claims and losses resulting Irom a breach of Ihis provIsion of this Agreement. This obligallon to indemnity shall survive the payment
of the Indebtedness and the satisfacllon of this Agreement.
Maintenance 01 Casualty Insurance, Granlor shall procure and maintain all risks insurance, Including wllhoul limilalion lire, theft and liability
coverage togelher with such olher Insurance as Lender may require wilh respect to Ihe Collateral, in lorm, amounts, coverages and basis
reasonably acceptable to Lender and Issued by a company or companies reasonably acceptable \0 lender. Grantor, upon request 01 lender ,
wUl deliver to lender Irom lime to time Ihe policies or cer1ll1cates of Insurance in form satisfactory 10 Lender, Including slipulaUons that coverages
will not be cancelled or diminished withoul al teasl ten (10) days' prior wrlllen notice 10 lender and nol Including any disclaimer 01 the Insurer's
Ilabilily lor failure 10 give such a nollce. Each Insurance pollcy also shall include an endorsemenl providing that cOlJQrage In favor of Lender will
nol be Impaired In any way by any act, omission or defaull of Granlor or any other person. In connection with aU policies covering assets In
which lender holds or \s oftered a sscullly lntefsst, Grantor will plt)'Jide lendar with such \o5s payable ()T othal' endorsements as lendal' may
require. If Grantor al any lime faUs 10 obtain or malntaln any Insurance as required under this Agreement, lender may (but shall not be obligated
to) oblaln such Insurance as Lender deems appropriate, including if II so chooses .slngle interest Insurance," which will cover only Lender's
Interest In the CollaleraJ.
Application of Insurance Proceeds. Grantor shall promptly noUfy Lender 01 any loss or damage to Ihe Collateral. Lender may make proof of
loss if Grantor fails to do so within fifteen (15) days ot Ihe casually. All proceeds of any insurance on the Coliateral, including accrued proceeds
thereon, shall be held by lender as par1 of the Collateral. Jf lender consents 10 repair or replacement of the damaged or destroyed Collateral,
Lender shall, upon salisfaclory proal ol expendllure, payor fe\mburse Granlor lrom \he proceeds loe the feasonab\e cosl 01 repair or restoration.
If lender does not consent 10 repair or repJacement of the CoJlateral, Lender shall relain a sulllcient amount ollhe proceedS to pay all of the
Indebtedness, and shall pay the balance 10 Grantor. Any proceeds which have not been disbursed within six (6) monlhs after their receipt and
which Grantor has nol commihed 10 the repair or restorallon of the Collateral shall be used 10 prepay Ihe Jndebtedness.
Insurance Reserves. lender may require Grantor to maintQln wilh Lender reserves lor payment of insurance premiums, which reserves shall be
c(ealed by monlhly payments Irom Grantor 01 a sum eslimaled by lender to be ,sulficienl 10 p(oduce, at least lifteen (15) days befcre the
premium due date, amounls at least equal 10 the insurance premIums to be paid. If fitlesn (15) days before payment is due, Ihe reserve lunds
afe Insull\cienl, Granlor shall upon demand pa:! ar.:! delic$nc:! to Lender. The fesel\le hinds shall be held b'l LendS( as a general deposit and
shall conslilule a non-inlerest-bearlng accounl which lender may satisfy by payment of the insurance premiums required 10 be paid by Granlor
as they become due. Lender does not hold Ihe reserve funds In trust for Granlor, and Lender is nollhe agent 01 Granlor lor payment 01 the
insurance premiums required to be paid by Grantcr. The responSibility lor the payment of premiums shall remain Grantor's sole responsibJllty.
Insurance Reports. Granlor, upon request of Lender, shall furnish to Lender reports on each exisling policy 01 insurance showing such
informalion as Lender may reasonably request Including the follcwlng: (a) Ihe name 01 Ihe Insurer; (b) the risks insured; (c) the amount 01 the
polley; (dl the properlY inSl.lred; (e) Ihe then currenl value on !he basis of which InSlJrance has been obtained and the manner of determining
Iha\ value; and (I) the expiraUon date 01 the policy. In addition, Grantor shall lJpon request by le(\der (however not more often than annually)
have an independent appraiser satisfaclory to Lender determine, as applicable, lhe cash value or replacement cost of tha Collaleral.
GRANTOR'S RIGHT TO POSSESSION. Unttl dBlautt, Grantor may have possessior. ot the tangible perscnal properly and beneficial use of all the
Collateral and may use It In any lawful manner not Inconsistent with this Agreemenl or the Related Documents, provided Ihal Granlor's righlto
possession and beneficial use shall not apply to any Collateral where possession of the Collaleral by lender Is required by law to perfect Lender's
security Intarestln such Collateral. II Lender al any lime has possesslon ot any Collaleral, whelher betore or slier an Evenl ot Dalaull, lender shall be
deemed to have exercised reesonable care In the custcdy and preservation of the Collateral if Lender takes such aclion for thai purpose as Granlor
shall faquest or as LQflder, In Lender's ~ llscrellon, shall deem appropnale under the circur- :ces, but failure 10 honor any requesl by Grantor
shall not of Itself be deemed to be a fail. fO exercise reasonable cara. Lender shall not be r" :ed to lake any steps necessary to preserve any
rights in Ihe Collateral against prior parlies, nor 10 protect. preserve or maintain any security Interest Qlven 10 58("11"" thl' lnr"'I'lprin"~~
~ -\iiiiIllII..........L.
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10-05-1999
Loan No 64000136
OMMERCIAL SECURITY AGREE
(Continued)
,NT
Page 3
EXPENDlTURE~ BY LENDER. . If nol discharged or paid when due, Lender may (but shall nol be obligated 10) discharge or pay any amounts
required 10 be dlsch~rged o.r paid by Grantor under Ihls Agreement, Including withoutllmilallon all taxes, liens, securily inlerests, encumbrances, and
other claims, at any lime leVied or placed on the Collateral. Lender also may (but shalf nol be obligated to) pay all cosh; for insuring, malnlalrdng and
prsSSf\!lng the CoIlatefal. All such expenditures Incurred or pald by Lender lor such purposes wlllthen bear interest at lhe rate charged under lhe
Note from the dale Incurred or paid by Lender to Ihe dale of repayment by Grantor. All such expenses shall become a part of the Indebledness and,
at Lender's opllon, will (a) be payable on demand, (b) be added to the balance 01 the Note and be apportioned among and be payable with any
Installmenl payments to become due during either (!) the term of any applicable Insurance policy or (li) the remaining term of the Nole, or (c) be
t~eated as a baUoon payment wtuch will ~ due and payable at the Nola's melurlty. This Agreemenl also will secure payment 01 these amoun1s. Such
right shall be In addman 10 all other righls and remedIes to whIch Lender may be enlllled upon the occurrence 01 an Event of Defaul!.
EVENTS OF DEFAULT. Each of the following shall conslilule an Event of Default under this Agreement;
Detaul! on Indebledness. Fanure of Granlor to make any payment when due on the IndebledMss.
Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condfllon contained In any
environmental agreement executed In connecllon with any Loan.
Olher Defaults. Failure 01 Granlor 10 comply with or to perform any other lerm, obllgallon, covenant or condition contained Inlhls Agreemen! or
1n any 01 lhe Relaled Documenls or In any other agreement belween Lender and Grantor.
Default In Favor of Third Parlles. Should Borrower or any Granlor delaull under any loan, extension 01 credit, security agr91~menl, purchase or
sales agreemenl, or any olher agreement, In favor of any olher credllor or person thaI may malerially affecl any of Borrower's property or
Borrower's or any Grantor's ability 10 repey the Loans or perform their respective obllgallons undar lhls AgreemMt Of any o! the Rela~d
Documents.
False Slalemenls. Any warranty, represenlaUon or slatemenl made or lurnished to lender by or on behalf of Grantor under this Agreement, the
Note or the Relaled Documents Is lalse or misleading In any malerial respect, either now or allhe lime made or furnished.
Detective Collaterallzallon. This Agreement or any 01 the Related Documenls ceases to be In lull force and effect (Including failure of any
collateral documents 10 creale a valid and perfected security Interesl or lien) al any lime and for any reeson.
Dealh or Insolvency. The dealh 01 Grantor or the d!ssolutlon or termlnallon 01 Grantor's exlslence as a going business, Ihe insolvency of
Grantor, the appolnlment of a receiver for Bny part of Granlor's property, any assignment for Ihe benefit of creditors, any lype of creditor work.out,
or the commencement of any proceeding under any bankruplcy or Insolvency laws by or egalnsl Granlor.
Creditor or Forlellure Proceedings, Commencemenl 01 foreclosure or lorfelture proceedings, whelher by judicial proceeding, self-help,
reposseSSion or any other method, by any creditor of Grantor or by any goverrlmenlal agency against the Collaleral or any other collaleral
securing the Indebtedness. This Includes a garnishment of any ot Granlor's deposit accounts wnh Lender. HoWever, this Evgnt 01 [Xllautt shalt
not apply If Ihere is a good faith dispute by Granlor as 10 the vafldlty or reasonableness 01 the claIm which Is the basis of Ihe creditor or forfellure
proceeding and If Grantor gives Lender written notice ollhe creditor or forfellure proceeding and deposits wilh Lender monies or a surety bond
for Ihe creditor or forfellure proceeding, In an amount determined by Lender, In Its sole dlscrenon, as befng an adequate reserVe or bond lor lhe
dispute.
Evenls Affecting Guarantor. Any of the preceding events occurs with respecllo any Guaral1tor 01 any of Ihe Indebledness or such Guaranlor
dies or becomes Incompetent. lender, at Its opllon, may, but shall not be reqUired 10, permit the Guarantor's estate 10 assume uncondmonally
the obligations arising under the guaranty In a manner sallsfaclory to Lender, and, In doing so, cure Ihe Event of Default.
A.dverse Change. A malerial adverse Change occurs In Grantor's financial condition, or Lender believes the prospect of paymenl or
performance of the Indebledness is Impaired.
Insecurity. Lender, In good faith, deems IIselllnsecure.
Right to CUre. It any d9lault, olher ttlal'\ a Detaull on Indebtedness, Is cl.lTable and \1 GranIer has no1 been g1ven a prior nolice of a breach of Ihe
same provision of Ihis Agreement, It may be cured (and no Event of Delault will have occurred) If Granlor, after Lender sends wrillen notice
demanding cure 01 such default, (a) cures the delaull within thlrly (30) days; or (b), If Ihe cu(e requires more than thirty (30) days, Immediately
initiates steps which Lender deems in Lender's sole discrelion 10 be sufficient to cure the delault and Ihereafter continues and completes all
reasonable and necessary sleps sufficlenllo produC9 compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Defaull occurs under Ihis Agreement, al any lime thereafter, Lender shall have all the rlghls of
a secured party under the Pennsylvania Uniform CommercIal Code. In addillon and wlthoul f1mllatlon, Lender may exercise anyone or more of the
following rights and remedies:
Accelerale Indebledness. Lender may declare Ihe enllre Indebtedness, including any prepayment penalty whIch Grantor would be required !o
pay, immediately due and payable, without notice,
Assemble Collateral. Lender may reqUire Grantor to deliver to Lender all or any porllon 01 the Collateral and any and all certificates of tille and
other documents relating 10 Ihe Collateral. Lender may require Grantor to assemble the Collateral and maka It avaUable to Lander at a piece to
be designated by Lender. lender also shall hava full power 10 enter upon the property of Granlor 10 lake posseSSion of and remove the
CoUaterel. If the Collateral contaIns olher goods not covered by this Agreement slthe lime 01 repossession, Grantor agrees Lender may take
such olher goods, provided thai Lender makes reasonable efforls 10 reI urn them 10 Grantor after repossessIon.
Sell 'he CQ\Ie\efel. lender shall haVillull power to sell,lease, tr8nsf9f, Of oIherwlse deal wilh the Collateral or proceeds \hereol In \\s own name
or that of Grantor. Lender may sell the Collateral al pUblic aucllon or private sale. Unless the Collateral threatens to decline speedily in value or
Is of a type customarily sold on a recognized market, Lender will gIve Grantor reasonable notice of Ihe lime after which any prlvale sale or any
other intended dlsposllfon 01 the Collateral Is to be made. The requirements 01 reasonable notice shall be met II such nollce Is given at least len
(10) days before Ihe time of the sate or dlspos!tton. NI ,eX?enses relating to the disposlUon of the Collaterat, inCluding wUhout !Imitation the
expenses 01 retaking, holdIng, insuring, preparing for sale and selllng the Collateral, shall become a part of lhe IndebtednesS secured by this
Agreement and shall be payable on demand, with interesl althe Nole rate from dale of expenditure unlll repaid.
Appoint Receiver. To the extent permilled by applicable law, Lender shall have Ihe lollowlng rights and remedies regarding the appointment 01
a receiver: (a) lender may have a reee\'Jer appoln\ed as a ,mailer ot righ\, (b) the receiver may be an employee of lender and may serve
withoul bond, and (cl all lees 01 the receiver and his or ~e[,-aftorney shall become part of the Indebtedness secured by Ihls Agreemenl and shall
be payable on demand, with Interest stlhe Note r~te from date of expendilure unlil repaid.
Collecl Revenues, Apply Accounls. lender, ellMr Ilself or through a receiver, may collect the payments, rents. Income, and revenues from Ihe
Collateral. lender may at any lime In lis dlscrellon transler any Collale(at Into its own name or that ollis nominee and receive the payments,
rents, Income, and revenues therefrom and hold the same as securily for the Indebtedness or apply It 10 payment of the Ind~bted~ess in such
order 01 preference as Lender may determine. Insolar as Ihe Collaleral consists 01 accounts, general Intangibles, Insurance policies, Inslruments,
challel paper, choses in acllon, or similar property, Lender may demand, collecl, receipt for, sellle, compromise, adjust, sue lor, foreclose, or
realize on the Collaleral as lend9f may delermlne, whether or not Indebledness Of Collal9fa! Is Ihen due. For lhese pUfposes, lender may, on
behalf of and In the name of Grantor, receive, open and dispose 01 mall addressed 10 Grantor; change any address to whIch mall and paymenls
are to be sent' and endorse notes, checks, drafts, money orders, documents ollltle, Instrumenls and Items pertaining 10 paymenl, shipment, or
storage of any' Collateral. To lacllitate collecllon, Lender may notify eccount debtor$ and obligors on any Collaleralto make paymenls directly to
Lender.
Obtain Dellclency. II lender chooses to sell any or all of the Collaleral, Lender may oblaln a JUdgment aQalnsl Grantor ~or a.ny deficiency
remaining on the Indebtedness due to Lender after appllcallon 01 alf amounts received from the exercise ollhe nghls provided mthls Agreement.
Grantor shall be liable for a deficiency even If the transacUon described In this subsection Is a sale of accounls or challel paper.
other Rlghls and Remedies. Lender shall have all Ihe rights and remedies of a securod crednor under Ihe provisions of the Uniform
Commerctal Code, as may be amended Irom lime 10 I1me. In addlllon, Lender shall have and may exercise any or all other rights and remedies Il
may have avallabtl'l al law, In equity, or otherwise.
Cumula\1ve Remedtes. A.\! of lender's rights and remedies, whether evidenced by this Agreement or the Related Documents or by any other
writing shall be cumulative and may be exercised singUlarly or concurrenlly. Elecllon by Lender to purslle any remedy shall not exclude pursuit
01 any' other remedy, and an elecllon 10 make axpendltures or 10 take acllon to perform an obligation of Grantor under this Agreement, after
Granlor's lallure to pMorm, shall not affect Lender's righllo declare a defaull and 10 exercise lis remedies.
MISCELLANEOUS P~OV\StOHS. The lollowlng miscellaneous provisIons are a part 01 this Agreemen\:
Amendments. This Agreement, togelher wtlh any Related Documents, constitutes ihe enUre understanding and agreement of Ihe parties as 10
the mailers set forlh In Ihls Agreement No aUerallon of or amendment 10 lhls Agreement shall be effective unless given In wrllfng and sIgned by
the parly or parties sought to be charged or bound by the allerallon or amendment
Applicable Law. This Agreement has been deliverer! to l.pnr!p.r .1nrl .1rt"'(It"'rl hv I ,,,,rlM in Ih", r.n"'m....n''',,~''h ", 1'l"~~~"I,,~,,,~ "'"n'''
"
-
10-05-1999
Loan No 64000136
COMMERCIAL SECURITY AGREEMENT
(Continued)
,Page 4 .
lawsuit, Granlor agreell upon Lender's requast 10 submll 10 the Jurlsdictlon 01 the courls of Cumberland County, the Commonweallh of
Pemw,yWQn\a. This Agreement shall be QO'Iefned by and collS\ru&d In accordance 'Nil" \halaws of the Commonweallh of PElonsyWania.
Altomeya' Feesi Expenses. Granlor agrees to pay upon demand all of Lender's costs and exp8ClS6S, Including attorneys' laes and lender's
lagelexpenses. incurred in cqnnecllon wUh the enforcement ollhis Agreement. lender may pay someone else 10 help enforce this Agreement,
and Gre{\lor sne" pay the costs aM expanses 01 SUCh 9NOI"wrn&nt. Costs and expenses Include I.ender's at\Off)e'ys' leas and Iagal expanses
whether or nollhe(9 Is a lawsuit, Including allorneys' lees and legal expenses lot bankruptcy proceedings (and including effar1s to mOdify or
vacate any automatic stay or InJunctlon), appeals. and any antlclpated post-Judgmenl collection services. Granlor also shan pay an coun cosls
snd such addillonsllees as may be directed by the court.
Caption Headings. Caption headings In Ihls Agreemenl are for convenience purposes only and are nolto be used 10 Inlerpret or define the
provisions of trlls Agreement.
MuUlple Partle$. All obligations of Grantor under ttus Agreement shall be jQi(lt and S9'i8\"al, and all referer\Ces to Grantor shall rneal\ each and
every Granlor. This means Ihat each of Ihe persons signing below Is responsible fOf all obligations In this AgreElmenl.
Notices. All notices require"dlo be given under this Agreement shall be given In writing, may be sent by lelefacsimile (unless otherwise required
by law), and shall be effecUve wt\en actually delivered or whe.11 deposited with a natlonally '~r\lzed ovemlgl\t courier or deposited in the
United States mall, Orsl class, postage prepaid, addressed to Ihe party to whom the nolice Is 10 be given allhe address shown above. Any party
may cl1ange lis addlass 101 nollces 'Under this Agre&men\ b)' gllJ\ng 10rmal written nollce 10 Ihe other parties, specifying \\)a\ the purpose ollne
notice Is to change Ihe party's address. To the extenl permJlled by applicable law, IIlhere is more Ihan one Grantor, nolice to any Grantor will
conslllule notice 10 all Granlors. For nollce purposes, Grantor wm keep Lender lntormed al all limes 01 Grantor's currenl address(es).
Power of AUomey. GrantQl' harsh'i appoiflts Lender as its true and lawful attorney-il\-fact, Irre.vocabl'i, with f\.lll poW8\" cI s\JbsutullOl'l to do lhe
following: (a) 10 demand, colleclfrecelve, receipt for, sUil, and recover all sums of money or other property which may now or hereaNer become
due, owing or payable trom the Collaterali (b) to execute, sign and endorse any and an clalms, instruments, receipls, checks, drafts or wananls
issued In payment for the Collateral; (c) to seltle or compromise any and all claims arising under the Collateral, and, In the place and stead of
Granlor, 10 execule and deUver lis release and setllemenllor the claIm; and (d) 10 file any clalm or claims or 10 lake an'i acUon or lnslJlule or lake
parlin any proceedings, either In its own name or in Ihe name of Grantor, or otherwise, which In Ihe dlscreUon of Lender may seem 10 be
necessary or advisable. This power Is given as SeCr,lrlly lor Ihe Indebtedness, and Ihe ar,lthorlfy hereby conferred Is and shall be Irrevocable and
shall remain in fulllorce and effect until renounced b)' Lender.
scverabUlty. It a court Of competent jurlsdlcUon finds any provision of this Agreement 10 be Invalid or unenforceable as 10 any person or
circumstance, such finding shall not render that provision Invalid or unenforceable as to any olher persons or circumstances. If feasible, any
such offending provision shall be deemed 10 be modilJed to be wllhln the limits 01 enforceabUlIy or valldJlYi however, lithe Offending proviSion
cannol be so modi/led, II shall be slrlcken and all other prOvisions of this Agreemenl In all olher respects shall remain valid and enforceable.
Successor Inleresls. The terms of this Agreement shall be binding upon Grantor, and upon Grantor's heirs, personal representatives,
successors, and assigns. and shall be enforceable by Lender and its successors and assigns.
Waiver. Lender shall nol be deemed to have waived any rlghlS under Ihls Agreement unless such waiver IS given In wrlling and signed by
Lender. No delay or omission on Ihe part of Lender in exerCising any right shall operale jl,S a waiver of such right or any other right. A waiver by
Lender of a proviSion of this Agreement shall not prejUdice or conslJlute a waiver of Lander's right otherwise to demand strict compliance wilh
Ihat provision or any olher provislon of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall
constitute a waiver 01 an'l 01 Lendat's rights Q( 01 any of Grantor's obllgatiol'ls as to an'lluture ttansa.ctlons. WttEmever the consent of Lender Is
required under lhls Agre9menl, the granting 01 such consent by Lender In any instance shall nol consUlute conllnulng consent to subsequent
Instances where such consent Is reQulTed and In all cases sucl1 consent ma)' be granted or wllhhe\d In 'he sole dlscre-Uon 01 L&ndal".
CALl PROVISION.. N. any ttma after the-expiration 0I1iv6 (5) yea,rs from the dale het'eol, upon sixty days' pdor written notice to Il\e Borrower. Lender,
a\ lis sole dlscrellon, may declare the then remalnlng balance of the prlnclpal sum and accrued Interest as Immedlalely due and payable. If L9nder
never elects '0 mak.e such declaratlon, this Note shall matUla, and the enfue unpaid balance of the prIncipal s'Um and all accrued and unpaid interest
lhereon, shall be due and payable on Oclober 5, 201EI.
VARIABLE INTEREST RATE. The Interest rate on Ihls Note may be subJeclto change from lime to lime based on changes in an index Which Is the
Penfi$y\'ianla State Bank's Base lending Rale One "Index"). The Index Is l\OI necessartl)' the \o'Hest fate charged b'i Le(\der 0(\ Its Ioar.s and Is set by
Lander In its sole discreUon. If the Index becomes unavailable during Ihe lerm of Ihls loan, Lender may designate a subslllule Index alter ncllfylng
Borrower. L9nder wJlllel1 Borrower'Ihe currenllndex Aale upon Borrower's request. Borrower understands thai lender may ma}(.e loans based on
olher rates as Well. The interest rate Change will not occur more olten Ihan once each day. The Index currently Is 8.25% per aonum. NOTICE. Under
no circumstances will the lnteres! rate on this Note be more than Ihe maxlmum rale allowed by applicable law.
LOAN DOCUMENTS. ThIS Nole, the Mortgage and Security Agreement, the related collateral documenls, Lander's commitment lelter to Borrower
dated July 1, 1999, are referred 10 herein collectively as Ihe '1.oan Documents", and the provisions thereof are Incorporated herein by reference.
OEFAUl.T INTEREST RATE. In the eVent of default for which Lender does nol accelerala Ihe Loan, Including the failure of Borrower 10 provide the
flnancfal statemenls as requIred hereunder or under Ihe Loan Agreement, the applicable Inleresl rate on the loan, tor a period beginning Ihree (3)
days after wrlllen nolice of such default and ending upon Ihe curing of safd noliced default, shaJllncrease one quarter of one percent (.25%) for Ihe
flrstlhlrty (30) days of said defaul! and Increase all addllional one quarter (.25%) durlng'each thirty (30) day period thereafter during which the nollce
default contlnues. Such defaull interest rates shall apply 10 Ihe outstanding principal balance ollhe Loan. Upon the curine of the nollced default, Ihe
inlerest rale on Iha loan shall revert to the initially llgreed-Upon Inte(est rale effectlve on the dale on which the default Is cured.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVtSIONS OF THIS COMMERCIAl SECURITY AGREEMENT, AND EACH
GRANTOR AGREES TO ITS TERMS. THIS AGREEMENT IS DATED OCTOBER 5, 1999.
THIS AGREEMENT HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GRANTOR:
.., '_",^'.. JJj,~'~({i!/1% ;:':~';;i;:'~.
Timothy M. Schenk
LENDER:
PEN,.SVLVANIA STATE BANK
By' fl"", [Mi.-
Authorized Officer
x ;)i;)l!liti.'fiiiflflW!01""~,~fY!jJf!l1lfjjij'!jfifilifffj\i; ';,;;
Heather L. Schenk '
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LASER PRO, f',tg. U.S. p,,1. &. 1'."'1. ell.. v.. a.OZ11l(c} 1QQQCFIPrQSerV~08.lnc. A.nrllJ!:lls.reurvecl {PA-E40 E3.21 F3.27 P3.l!7 SCHENK8.LN R5,OVL[
-
717-796-3165 PR STRTE BRNK OPERRT
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of PENNSYLVANIA STATE BANK, verifY that the SlateJnents made In the &foregoing document are tnIe and correct. I
understand that false slalemelllS herein are made subjCll:t 10 the penalties of III Pa. C. s. 54904, relating 10 unsworn falsifi~OlI
to ailthorities.
PENNS\'LVANlA STATE DAMe.
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Title:
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Dated; ~UI" ,..::1("\00
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SHERIFF'S RETURN - REGULAR
.-
CASE NO: 2000-07170 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENNSYLVANIA STATE BANK
VS
SCHENK TIMOTHY M
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
SCHENK TIMOTHY M
the
DEFENDANT
, at 0017:13 HOURS, on the 25th day of October ,2000
at 1210 MUSKET LANE
MECHANICSBURG, PA 17055
by handing to
TIM SCHENK
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTI CE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
6.82
.00
10.00
.00
34.82
~~~~
R. Thomas Kline
10/26/2000
KNUPP, KODAK
"'"
Sworn and Subscribed to before By:
me this 3/.u--
day of
(JJ u:;;:t. > c2m;i) A . D .
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r honotary
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SHERIFF'S RETURN - REGULAR
,
.
CASE NO: 2000-07170 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENNSYLVANIA STATE BANK
VS
SCHENK TIMOTHY M
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
SCHENK HEATHER L
the
DEFENDANT
, at 0017:13 HOURS, on the 25th day of October ,2000
at 1210 MUSKET LANE
MECHANICSBURG, PA 17055
by handing to
TIM SCHENK (HUSBAND)
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So An~~/ . //
~~~~~
R. Thomas Kline
10/26/2000
KNUPP, KODAK
~
Sworn and Subscribed to before By:
me this j I...J- day of
(J)~ .,1....~ A.D.
C11~~h Q. ~ ~'
P othonotary (
, ,j
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'-,
t
PENNSYL VANIA STATE BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L. SCHENK
Defendants
: CIVIL ACTION - LAW
: IN MORTGAGE FORECLOSURE
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s), TIMOTHY M. SCHENK and HEATHER L.
SCHENK, named for failure to file within the required time an Answer to the Complaint in the above-captiond
case and assess the Plaintiff's damages as follows:
Amount claimed in Plaintiffs Complaint
.
$482,095.49
Interest from October 12,2000 at the rate of 7.75% per annum
$6 227 06
Total
$488,322.r5
It is hereby certified that a written notice of intention to file this Praecipe was mailed to the Defendant(s) and
his/her attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of
this Praecipe. See Exhibits A & B attached.
Attorney for Plaintiff
DATED:
Judgment entered and damages assessed as above.
J~/(J /co
(j-f/}--k ) l? -~
Prothonotary
,
'~ I
.lo...,.,~~,.;.~",c,
Robert L. Knupp
Robert D. Kodak
Gary J. Imblum
lAW OffiCES Of
KNUPP, KODAK & IMBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
Telephone: 717/238-7159
Facsimile: 717/238-7158
email: kki-Iaw@alt.nel
November 20, 2000
m J\lt (O,~
Robert Ewing Knupp
(1909-1976)
Robert H. Maurer
(1923-1998)
Ii,.
TIMOTHY M. SCHENK
1210 MUSKET LANE
MECHANICSBURG PA 17055
RE: Pennsylvania State Bank
vs: Timothy M. Schenk and Heather L. Schenk
No. 2000-7170 Civil, Court of Common !'Ieas
Cumberland County, Pennsylvania
Our File No.: 3000243
Dear Mr. Schenk:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing
herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as
they are found in the Office of the Prothonotary of Cumberland County, you have not filed
responsive pleadings to the Complaint filed against you to the above term and number, nor
has any attorney entered an appearance on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do
not take adion as set forth in this Notice, we, at the expiration of time indicated therein, will
request the Office of the Prothonotary of Cumberland County, Pennsylvania, to enter
Judgment against you in the amount as set forth in said Complaint.
Very truly yours,
KNUPP, KODAK & IMBLUM, P.C.
Robert D. Kodak
THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
RDKlkqb
enclosure
cc:
ATTENTION BARBARA BRINTON
PENNSYLVANIA STATE BANK OP CTR
91 CUMBERLAND PARKWAY
MECHANICSBURG PA 17055
EXHIBIT
I-A-
,
'-',1
.1.
,.'I~
fE fILE COpy
PENNSYL VANIA STATE BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L. SCHENK : CIVIL ACTION - LAW
Defendants: IN MORTGAGE FORECLOSURE
IMPORTANT NOTICE
TO: TIMOTHY M. SCHENK. Defendant(s)
DATE OF NOTICE: NOVEMBER 20. 2000
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU
IN TillS CASE. UNLESS YOU ACT WITIllN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A
JUDGMENT MAY BE EN1ERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER
AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LffiERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
NOTICIA IMPORT ANTE
A: TIMOTHY M. SCHENK. Demandado(s)
PECHA DE NOTICIA: NOVEMBER 20. 2000
USTED NO HA COMPLIDO CON EL AVISO ENTERIOR PORQUE HA FALTADO EN TOMAR
MEDIDAS REQUERIDS RESPECTO A ESTE CASE. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS
DESDE LA PECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SElA REGISTRADO CONTRA
USTED SIN UNA AUDIENClA Y USTED PODRIA PERDER SU PROPIEDAD 0 OS1ROS DERECHOS
IMPORTANTES. USTED DEBE llEV AR ESTA NOTIC1A A SU ABOGADO EN SEGUIDA. SI USTED NO
TIENE ABOGADO 0 NO TI:ENE CON QUE P AGAR LOS SERVICIOS DE UN ABOGADO, VA Y A 0 LLAME
A LA OFICINA ESCRITA ABAJO PARA A VERIGUAR A DONDE USTED PUEDE OBTENER LA A YUDA
LEGAC:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LffiERTY A VENUE
CARLISLE PA 17013
(717) 249-3166
EXHIBIT
j~
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PENNSYLVANIA STATE BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L. SCHENK
Defendants
: CIVIL ACTION - LAW
: IN MORTGAGE FORECLOSURE
To TIMOTHY M. SCHENK.. Defendant(s)
You are hereby notified that on Us: r I ")
(Judgment) has been entered against you in the above-captioned case.
, 20Q0the following
Judement entered in the amount of $488.322.55.
DATE: 1::2 / [), I D(")
f I
R?-cl;; )2~
Prothonotary
I hereby certuy that the name and address of the proper person(s) to receive this notice is:
TIMOTHY M SCHENK
1210 MUSKET LANE
MECHANICSBURG PA 17055
Ai TIMOTHY M. SCHENK.. Defendido!a Defendidos/as
Por este medio se Ie esta notificando que el de del 20_,
e1lla siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafu.
FECHA:
Protonotario
Certificao que ]a siguiente direccion es ]a del defendido!a segun indicada en el cetificado de
residencia:
TIMOTHY M SCHENK
1210 MUSKET LANE
MECHANICSBURG P A 17055
Abogado del Demandante
,,~
"'~
~"
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.<---
" .-
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Robert L Knupp
Robert D. Kodak
Gary J. Imblum
LAW OFFICES OF
KNUPP, KODAK & IMBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRIS8URG, PA 17108-1848
Telephone: 717/238-7159
Facsimile: 717/238-7158
email: kki-Iaw@aff.nel
fE ~ll~.l~~iP
Rober! H. Mau......
(1923-1998)
November 20, 2000
HEATHER L. SCHENK
1210 MUSKET LANE
MECHANICSBURG PA 17055
RE: Pennsylvania State Bank
VS: Timothy M. Schenk and Heather L. Schenk
No. 2000-7170 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Our File No.: 3000243
Dear Ms. Schenk:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing
herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as
they are found in the Office of the Prothonotary of Cumberland County, you have not filed
responsive pleadings to the Complaint filed against you to the above term and number, nor
has any attorney entered an appearance on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do
not take action as set forth in this Notice, we, at the expiration of time indicated therein, will
request the Office of the Prothonotary of Cumberland County, Pennsylvania, to enter
Judgment against you in the amount as set forth in said Complaint.
Very truly yours,
KNUPP, KODAK & IMBLUM, P.C.
Robert D. Kodak
THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
RDKlkqb
enclosure
cc:
ATTENTION BARBARA BRINTON
PENNSYLVANIA STATE BANK OP CTR
91 CUMBERLAND PARKWAY
MECHANICSBURG PA 17055
EXHIBIT
A
j
,~.
.,..
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fIJ ~llE COpy
PENNSYL VANIA STATE BANK
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L. SCHENK : CIVIL ACTION - LAW
Defendants : IN MORTGAGE FORECLOSURE
IMPORTANT NOTICE
TO: HEATHER L. SCHENK. De:fendant(s)
DATE OF NOTICE: NOVEMBER 20. 2000
YOU ARE IN DEFAULT .BECAUSE YOU HAVE FAILED TO TAKE AC110N REQUIRED OF YOU
IN THIS CASE. UNLESS YOU ACT WITIllN 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
NOTICIA IMPORT ANTE
A: HEATHERL. SCHENK. Demandado(s)
PECHA DE NOTICIA: NOVEMBER 20. 2000
USTED NO HA COMPLIDO CON EL AVISO ENTERIOR PORQUE HA FALTADO EN TOMAR
MEDIDAS REQUERIDS RESPECTO A ESTE CASE. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS
DESDE LA PECHA DE ESTA NOTICIA, ES PO SIBLE QUE UN FALLO SEIA REGISTRADO CONTRA
USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OSTROS DERECHOS
IMPORTANTES. USTED DEBE LLEV AR EST A NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO
TIENE ABOGADO 0 NO TIENE CON QUE P AGAR LOS SERVICIOS DE UN ABOGADO, VA Y A 0 LLAME
A LA ORONA ESCRIT A ABAJO PARA A VERIGUAR A DONDE USTED PUEDE OBTENER LA A YUDA
LEGAC:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY A VENUE
CARLISLE P A 17013
(717) 249-3166
EXHIBIT
\1 <<
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PENNSYLVANIA STATE BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L. SCHENK : CIVIL ACTION - LAW
Defendants : IN MORTGAGE FORECLOSURE
To HEATIffiR L. SCHENK. Defendant(s)
You are hereby notified that on
(Judgment) has been entered against you in the above-captioned case.
, 20_, the following
Judgment entered in the amoUnt of $488.322.55.
DATE:
Prothonotary
I hereby certify that the n<m1e and address Qfthe proper person(s) to receive this notice is:
HEATHBR L SCHENK
1210 MUSKET LANE
MECH1\NICS:BURG P A 17055
AI HEATHER L. SCHENK. Defendid()!a Defendidos!as
,
Por este medio se Ie esta notificando que el de de120-,
el!la siguiente(FaIlo) ha sido anotado en contra suya en el caso mencionado en e1 epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido!a segun indicada en el cetificado de
residencia:
HEATHERL SCHENK
1210 MUSKET LANE
MECHANICSBURG PA 17055
Abogado del Demandante
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
PENNSYLVANIA STATE BANK
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
litO
: NO. 2000~CIVIL
TIMOTHY M. SCHENK and HEATHER L. SCHENK
Defendants
: PRAECIPE FOR WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
$ 482.095.79
Interest from 10/13/00-12/11/00 @ 7.75% p.a.
$ 6.227.06 and costs and interest fr/12/12/00
@ 7.75% per annum
~
Robert D. Kodak, Attorney for Plainqff -------
Note: Please furnish description of Property.
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LEGAL DESCRIPTION -5305 EAST TRINDLE ROAD
HAMPDEN TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA
ALL THAT certain piece or parceI of land situated in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the northern side of Trindle Road, Pennsylvania Route No.
641, at the dividing line between Lots Nos. 7 and 6 and shown on the hereinafter mentioned
Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, North 30 degrees 50
minutes 50 seconds West, a distance of 274.68 feet to a point at line of lands of the United
States of America (Mechanicsburg Naval Supply Depot); thence along the line of lands of said
United States of America, North 62 degrees East, a distance of200 feet to a point on the same;
thence continuing along the line of said lands \If the United States of America, South 29 degrees
20 minutes 20 seconds East, a distance of 323i50 feet to a stake on the northern side of Trindle
Road aforesaid; thence along the northern side of said Trindle Road, South 76 degrees 10
minutes 40 seconds West, a distance of 200 feet to a point on the same at the dividing line
between Lots Nos. 7 and 6 on the hereinafte:t mentioned Plan of Lots, the point and place of
BEGINNING.
BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et aL, by
D. P. Raffensperger, Registered Surveyor, on May 22,1967, and recorded in the Office ofthe
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 21.
HAVING erected thereon a commercial building known and numbered as 5301-5303
East Trindle Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife,
by their Deed dated August 11, 1994, and recorded in the Recorder's Office aforesaid in Deed
Book 100, at Page 48, granted and conveyed unto Timothy M. Schenk and Heather L. Schenk,
his wife, the Mortgagors herein.
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PENNSYL VANIA STATE BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
: CIVIL ACTION - LAW
Defendants
: IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO
PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held:
DATE:
Wednesday, March 7, 2001
TIME:
10:00 a. m., prevailing time
LOCATION: Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mailing consisting of a
statement of the measured bonndaries of the property, together with a brief mention of the buildings and any other
major improvements on the land. (SEE DESCRIPTION ATTACHED)
THE LOCAL of the property to be sold is:
5303 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania
THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within
Commonwealth and County to:
2000-7170 Civil
KNUPP, KODAK & IMBLUM, P.c.
by:
Robert D. Kodak
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LEGAL DESCRIPTION - 5305 EAST TRINDLE ROAD
HAMPDEN TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA
ALL THAT certain piece or parcel of land situated in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, more particnlarly bounded and
described as follows, to wit:
BEGINNING at a point on the northern side of Trindle Road, Pennsylvania Ronte No.
641, at the dividing line between Lots Nos. 7 and 6 and shown on the hereinafter mentioned
Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, North 30 degrees 50
minutes 50 seconds West, a distance of 274.68 feet to a point at line of lands of the United
States of America (Mechanicsburg Naval Supply Depot); thence along the line of lands of said
United States of America, North 62 degrees East, a distance of 200 feet to a point on the same;
thence continuing along the line of said lands of the United States of America, South 29 degrees
20 minutes 20 seconds East, a distance of 323.50 feet to a stake onthe northern side of Trindle
Road aforesaid; thence along the northern side of said Trindle Road, South 76 degrees 10
minutes 40 seconds West, a distance of 200 feet to a point on the same at the dividing line
between Lots Nos. 7 and 6 on the hereinafter mentioned Plan of Lots, the point and place of
BEGINNING.
BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et al., by
D. P. Raffensperger, Registered Surveyor, on May 22,1967, and recorded in the Office ofthe
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 21.
HAVING erected thereon a commercial building known and numbered as 5301-5303
East Trindle Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife,
by their Deed dated August 11, 1994, and recorded in the Recorder's Office aforesaid in Deed
Book 100, at Page 48, granted and conveyed unto Timothy M. Schenk and Heather L. Schenk,
his wife, the Mortgagors herein.
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Robert L. Knupp
Robert D. Kodak
Gary J. Imblum
LAW OFFICES OF
KNUPP, KODAK & IMBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11 B4B
HARRISBURG, PA 171OB-1848
Telephone: 717/238-7151
Facsimile: 717/238-7158
email: kki-Iaw@all.nel
Robert Ewing Knupp
(1909-1976)
Robert H. Maurer
(1923- 1998)
NOTICE TO:
TIMOTHY M. SCHENK
1210 MUSKET LANE
MECHANICSBURG, P A 17055
HEATHER L. SCHENK
1210 MUSKET LANE
MECHANICSBURG, P A 17055
NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or
more mortgages, judgements or tax liens against the real estate which is the subject of the Notice of Sale pursuant
to Permsylvania Rule of Civil Procedure 3129.1 attached hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common
Pleas of the within County on the judgment of the Plaintiff named herein, the real estate situate at 5303 East
Trindle Road, Hampden Township, Cumberland County, Pennsylvania, will be exposed to public sale on
Wednesday, the 7th day of March, 2001, at the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Permsylvania 17013.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by
the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale.
TillS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE
JUDGMENT.
You may have legal rights to prevent your property from being taken away. A lawyer can advise you more
specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE TillS 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
TWO LIBERTY AVENUE
CARLISLE P A 17013
(717) 249-3166
I~ ~"~.fu.
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 Sheriff's 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 of the Petition to the Court.
KNUPP, KODAK & IMBLUM, P.C.
by:
Robert D. Kodak
..
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....
PENNSYLVANIA STATE BANK
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
IN MORTGAGE FORECLOSURE
Defendants
: NO. 2000-7170 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129.1
PENNSYL VANIA STATE BANK, Plaintiff in the above action, sets forth as of the date the issued Writ of
Execution was filed, the following information concerning the real property located at 5303 East Trindle Road,
Hampden Township, Cumberland County, Pennsylvania, the same being more particularly described in Exhibit "A"
attached.
1. Name and Address of Owners or Reputed Owners:
Name
Timothy M. Schenk
Heather L. Schenk
Address
1210 Musket Lane
Mechanicsburg, P A 17055
2. Name and Address of Defendants in the judgment:
Name
Timothy M. Schenk
Heather L. Schenk
Address
1210 Musket Lane
Mechanicsburg, PA 17055
3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name
Pennsylvania State Bank
Address
91 Cumberland Parkway
Mechanicsburg, P A 17055
4. Name and Address of the last recorded holder of every mortgage of record:
Name
Pennsylvania State Bank
Address
91 Cumberland Parkway
Mechanicsburg, PA 17055
Kenneth E. Schenk
Patricia A. Schenk
1110 Dry Powder Circle
Mechanicsburg, PA 17055
><,
5. Name and Address of every other person who has any record lien on their property:
Name
*
Address
*
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:
Name
*
Address
*
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:
Name
Tax Collector
Hampden Township
Address
5000 Creekview Road
Mechanicsburg, P A 17055
Tax Assessment Office for
Cumberland County
Courthouse, One Courthouse Square
Carlisle, PA 17013
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge,
information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904
relating to unsworn falsification to authorities.
Dated:
IL/i3/ao
/ I
Robert D. Kodak
Knupp, Kodak & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney I.D. No. 18041
Attorney for Plaintiff
,
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.
LEGAL DESCRIPTION - 5305 EAST TRINDLE ROAD
HAMPDEN TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA
ALL THAT certain piece or parcel of land situated in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the northern side of Trindle Road, Pennsylvania Route No.
641, at the dividing line between Lots Nos. 7 and 6 and shown on the hereinafter mentioned
Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, North 30 degrees 50
minutes 50 seconds West, a distance of 274.68 feet to a point at line ofIands of the United
States of America (Mechanicsburg Naval Supply Depot); thence along the line of lands of said
United States of America, North 62 degrees East, a distance of 200 feet to a point on the same;
thence continuing along the line of said lands of the United States of America, South 29 degrees
20 minutes 20 seconds East, a distance of323.50 feet to a stake on the northern side of Trindle
Road aforesaid; thence along the northern side of said Trindle Road, South 76 degrees 10
minutes 40 seconds West, a distance of 200 feet to a point on the same at the dividing line
between Lots Nos. 7 and 6 on the hereinafter mentioned Plan of Lots, the point and place of
BEGINNING.
BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et al., by
D. P. Raffensperger, Registered Surveyor, on May 22,1967, and recorded in the Office ofthe
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 21.
HAVING erected thereon a commercial building known and numbered as 5301-5303
East Trindle Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife,
by their Deed dated August 11, 1994, and recorded in the Recorder's Office aforesaid in Deed
Book 100, at Page 48, granted and conveyed unto Timothy M. Schenk and Heather L. Schenk,
his wife, the Mortgagors herein.
,"
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Pennsylvania State Bank In The Court of Common Pleas of
Cumberland County, Pennsylvania
-vs- No.2000-7170 Civil
Timothy M. Schenk and Heather L. Schenk
'~~~
'~_~OIlI\:I!jn
R. Thomas Kline, Sheriff, who being du1y sworn according to law, says this writ
is returned STAYED.
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
County
Levy
Postpone Sale
Surcharge
Share of Bills
30.00
2.74
15.00
.50
1.00
15.00
20.00
30.00
25.53
$ 139.77 Pd by Arty
01/10101
Sworn and subscribed to before me
S~_~~J ~"
r~ '~~
R. Thomas Kline, Sheriff
. if/ q
ThIs I/~ day 0 -'JUUl
200~, A.D, ~ (1 Iv,,,f, ----; ~-'.-
rothonotary
By--?i"h' j~/r
Real Estate Deputy
I. ~1)0L J/oC;/
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PENNSYLVANIA STATE BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
: CIVIL ACTION - LAW
Defendants '-
, : IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO
PENNSYL V ANIARULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE:
Wednesday, March 7, 2001
TIME:
10:00 a. m., prevailing time
LOCATION: Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mailing consisting of a
statement of the measured boundaries of the property, together with a brief mention of the buildings and any other
major improvements on the land. (SEE DESCRIPTION ATTACHED)
THE LOCAL of the property to be sold is:
5303 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania
THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within
Commonwealth and County to:
i 2000-7170 Civil
KNUPP, KODAK & IMBLUM, P.C.
~
by:
Robert D. Kodak
4ldi -, "~
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LEGAL DESCRIPTION - 5305 EAST TRlNDLE ROAD
HAMPDEN TOWNSHIP. CUMBERLAND COUNTY. PENNSYL VANIA
ALL THAT certain piece or parcel of land situated in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the northern side of Trindle Road, Pennsylvania Route No.
641, at the dividing line between Lots Nos. 7 and 6 and shown on the hereinafter mentioned
Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, North 30 degrees 50
minutes 50 seconds West, a distance of 274.68 feet to a point at line of lands of the United
States of America (Mechanicsbul'g Naval Supply Depot); thence along the line oflands of said
United States of America, North 62 degrees East, a distance of 200 feet to a point on the same;
thence continuing along the line of said lands of the United States of America, South 29 degrees
20 minutes 20 seconds East, a distance of 323.50 feet to a stake on the northern side of Trindle
Road aforesaid; thence along the northern side of said Trindle Road, South 76 degrees 10
minutes 40 seconds West, a distance of 200 feet to a point on the same at the dividing line
between Lots Nos. 7 and 6 on the hereinafter mentioned Plan of Lots, the point and place of
BEGINNING.
BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et al., by
D. P. Raffensperger, Registered Surveyor, on May 22,1967, and recorded in the Office ofthe
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 21.
HAVING erected thereon a commercial building known and numbered as 5301-5303
East Trindle Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife,
by their Deed dated August 11, 1994, and recorded in the Recorder's Office aforesaid in Deed
Book 100, at Page 48, granted and conveyed unto Timothy M. Schenk and Heather L. Schenk,
his wife, the Mortgagors herein.
. ,
;- I
'; _1 I,
I~~~c'
Robert L. Knupp
Robert D. Kodok
Gory J. Imblum
LAW OFFICES OF
KNUPP, KODAK & IMBLUM, P.C.
(r'-- (g U---16
CAMERON MANSION r~;', ,"",?
407 NORTH FRONT STREET , I 0 1 !~j ert Ewing Knupp
POST OFFICE BOX 11848 '0' I (1909-1976)
HARRIS8URG, PA 171 08- 1848 ""rt H. Mourer
Telephone: 717/238-7151 (1923- 1998)
Focsimile: 717/238-7158
emoil: kki-Iow@oft.net
,
,
-
NOTICE TO:
TIMOTHY M. SCHENK
1210 MUSKET LANE
MECHANICSBURG, P A 17055
HEATHER L. SCHENK
1210 MUS~T LANE
MECHAN]CSBURG, P A 17055
NOnCE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or
more mortgages, judgements or tax liens against the real estate which is the subject of the Notice of Sale pursuant
to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common
Pleas of the within County on the judgment of the Plaintiff named herein, the real estate situate at 5303 East
Trindle Road, Hampden Township, Cumberland County, Pennsylvania, will be exposed to public sale on
Wednesday, the 7th day of March, 2001, at the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania 17013.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by
the sale and that you have an opportunity to protect your interest, ifany, by being notified of said Sheriff's Sale.
TIDS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE
JUDGMENT.
You may have legal rights to prevent your property from being taken away. A lawyer can advise you more
specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE
THE OFFlCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE P A 17013
(717) 249-3166
':;' L
~~<lil"
,
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 t.he creditor before presentation to the Court and a proposed Order or Ru1e must be attached to the
Petition.
Li
Ii
'"
ii'!
i:
i'
'ii
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 of the Petition to the Court.
KNUPP, KODAK & IMBLUM, P.C.
by:
Robert D. Kodak
, ,
, , I~" . ~_,'
~~-
.
,
-
PENNSYLVANIA STATE BANK
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
: IN MORTGAGE FORECLOSURE
Defendants
: NO. 2000-7170 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129.1
PENNSYL VANIA STATE BANK, Plaintiff in the above action, sets forth as of the date the issued Writ of
Execution was filed, the following information concerning the real property located at 5303 East Trindle Road,
Hampden Township, Cumberland County, Peunsylvania, the same being more particularly described in Exhibit" A"
attached.
1. Name and Address of Owners or Reputed Owners:
Name
Timothy M. Schenk
Heather L. Schenk
Address
1210 Musket Lane
Mechanicsburg, PA 17055
2. Name and Address of Defendants in the judgment:
Name
Timothy M. SchEenk
Heather L. Schenk
Address
1210 Musket Lane
Mechanicsburg, P A 17055
3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name
Pennsylvania State Bank
Address
91 Cumberland Parkway
Mechanicsburg, PA 17055
4. Name and AddrEeSS of the last recorded holder of every mortgage of record:
Name
Pennsylvania State Bank
Address
91 Cumberland Parkway
Mechanicsburg, PA 17055
Kenneth E. Schenk
Patricia A. Schenk
1110 Dry Powder Circle
Mechanicsbnrg, PA 17055
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5. Name and Address of every other person who has any record lien on their property:
Name
*
Address
*
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:
Name
*
Address
*
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:
Name
Tax Collector
Hampden Township
Address
5000 Creekview Road
Mechanicsburg, P A 17055
Tax Assessment Office for
Cumberland County
Courthouse, One Courthouse Square
Carlisle,PA 17013
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge,
information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904
relating to unsworn falsification to authorities.
Dated:
IL/;3/00
/ I
Robert D. Kodak
Knupp, Kodak & Imblum, P.c.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney I.D. No. 18041
Attorney for Plaintiff
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LEGAL DESCRIPTION - 5305 EAST TRINDLE ROAD
HAMPDEN TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA
ALL THAT certain piece or parcel of land situated in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the northern side of Trindle Road, Pennsylvania Route No.
641, at the dividing line between Lots Nos. 7 and 6 and shown on the hereinafter mentioned
Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, North 30 degrees 50
minutes 50 seconds West, a distance of 274.68 feet to a point at line of lands of the United
States of America (Mechanics burg Naval Supply Depot); thence along the line of lands of said
United States of America, North 62 degrees East, a distance of200 feet to a point on the same;
thence continuing along the line of said lands of the United States of America, South 29 degrees
20 minutes 20 seconds East, a distance of 323.50 feet to a stake on the northern side of Trindle
Road aforesaid; thence along the northern side of said Trindle Road, South 76 degrees 10
minutes 40 seconds West, a distance of 200 feet to a point on the same at the dividing line
between Lots Nos. 7 and 6 on the hereinafter mentioned Plan of Lots, the point and place of
BEGINNING.
BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et al., by
D. P. Raffensperger, Registered Surveyor, on May 22, 1967, and recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 21.
HAVING erected thereon a commercial building known and numbered as 5301-5303
East Trindle Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife,
by their Deed dated August 11, 1994, and recorded in the Recorder's Office aforesaid in Deed
Book 100, at Page 48, granted and conveyed unto Timothy M. Schenk and Heather L. Schenk,
his wife, the Mortgagors herein.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND
To satisfy the debt, interest and costs due
NO. 2000-7170 CIVllxI9<
CIVIL ACTION - LAW
COUNTY:
PENNSYLVANIA STATE BANK
PLAINTIFF(S)
from TIMOTHY M. SCHENK AND HEATHER L. SOIENK
1210 Musket Lane Mechanicsburg pa 17055
DEFENDANT(S)
(1) You are direct~d to levy upon the property of the defendant(s} and to sell
PLEASE SEE LEGAL DISCRIPTION AITAGijED
(2) You are also directe<;j to' attach the, property of the defendant(s) not levied upon.in the possession of
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GARNISHEE(S) as follows:
and tonotffy thegarnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 inthe possession of anyone other
than a namedgarnishee', you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above
stated. ~
AmountDue $482,095.79 L.L. $.50
Imer~~ from 10/13/00-12/11/00 @7.75%p.a.
$6,227~06 and costs and interest
for: 12/12/00 @ 7.75 % Per Annum
Atty Paid $107.82
Plain.tnf Paid '
Due Prothy $1. 00
Other Costs
Date: December 13. 2000
CUrtis R. Long
Prothonotary, Civil Division
by ~~LJ df/~ >R
Deputy
REQUESTING PARTY:
Name Robert D. Kodak, Esq.
Address: 407 N Front Street
Harrisburg PA 17108
Attorney for: Plaintiff
Telephone: 7172387151
Supreme Court ID No. 18041
TRUE COPY FROM RECORD
In T8SIImoIly". I here unto811 mr-
and the seal 01 said Court at CarlISle. PI.
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REA[ ESTATE SALE No.~~
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Interest in the real property situated in .41-... 'f-lj- 4....... J..;~
Cumberland County, Pa., known and numbered as: Sso3 t= -tu~ '-'
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
PENNSYLVANIA STATE BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L. SCHENK
Defendants
: PRAECIPE FOR WRIT OF EXECUTION
0"ORTGAGEFORECLOSURE)
To the Prothonotary:
Issue writ of execution in the above matter:
Amonnt Due
$ 409.819.25
/
Interest from 10/13/00-12/11/00 @ 7.75% p.a.
$ 22.064.05 and costs and interest
fr/06/12/01 @7.75% per annum
Robert D. Kodak, Attorney for Plaintiff
Note: Please furnish description of Property.
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LEGAL DESCRIPTION - 5305 EAST TRINDLE ROAD
HAMPDEN TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA
ALL THAT certain piece or parcel of land situated in the Township of Hampden, County of Cumberland and
Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern side of Trindle Road, Pennsylvania Route No. 641, at the dividing line
between Lots Nos. 7 and 6 and shown on the hereinafter mentioned Plan of Lots; tbence along said dividing line between
Lots Nos. 7 and 6, North 30 degrees 50 minutes 50 seconds West, a distance of274.68 feet to a point at line oflands of the
United States of America (Mechanicsburg Naval Supply Depot); thence along the line of lands of said United States of
America, North 62 degrees East, a distance of200 feetto a point on the same; thence continuing along the line of said lands
of the United States of America, South 29 degrees 20 minutes 20 seconds East, a distance of 323.50 feet to a stake on the
northern side ofTrindle Road aforesaid; thence along the northern side of said Trindle Road, South 76 degrees 10 minutes
40 seconds West, a distance of 200 feet to a point on the same at the dividing line between Lots Nos. 7 and 6 on the
hereinafter mentioned Plan of Lots, the point and place of BEGINNING.
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BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et at., by D. P. Raffensperger,
Registered Surveyor, on May 22, 2967, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Plan Book 19, at Page 21.
HAVING erected thereon a commercial building known and numbered as 5301-5303 East Trindle Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife, by their Deed dated August
11, 1994, and recorded in the Recorder's Office aforesaid in Deed Book 100, at Page 48, granted and conveyed unto
Timothy M. Schenk and Heather L. Schenk, his wife, the Mortgagors herein.
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PENNSYLVANIA STATE BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
IN MORTGAGE FORECLOSURE
Defendants
NO. 2000-7170 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129.1
PENNSYLVANIA STATE BANK, Plaintiffin the above action, sets forth as of the date the issued Writ of
Execution was filed, the following information concerning the real property located at 5303 East Trindle Road,
Hampden Township, Cumberland County, Pennsylvania, the same being more particularly described in Exhibit" A"
attached.
1. Name and Address of Owners or Reputed Owners:
Name
Timothy M. Schenk
Heather L. Schenk
Address
1210 Musket Lane
Mechanicsburg, P A 17055
2. Name and Address of Defendants in the judgment:
Name
Timothy M. Schenk
Heather L. Schenk
Address
1210 Musket Lane
Mechanicsburg, P A 17055
3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name
Pennsylvania State Bank
Address
91 Cumberland Parkway
Mechanicsburg, P A 17055
4. Name and Address of the last recorded holder of every mortgage of record:
Name
Pennsylvania State Bank
Address
91 Cumberland Parkway
Mechanicsburg, P A 17055
Kenneth E. Schenk
Patricia A. Schenk
1110 Dry Powder Circle
Mechanicsburg, P A 17055
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Name and Address of every other person who has any record lien on their property:
Name
*
Address
*
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:
Name
*
Address
*
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:
Name
Tax Collector
Hampden Townsbip
Address
5000 Creekview Road
Mechanicsburg, P A 17055
Tax Assessment Office for
Cumberland County
Courthouse, One Courthouse Square
Carlisle, P A 17013
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge,
information or belief. I understand that faIse statements herein are made subject to the penalties of 18 Pa. C.S. ~4904
relating to unsworn falsification to authorities.
Dated:
~pJ
Robert D. Kodak
Knupp, Kodak & Imblum, P.c.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney I.D. No. 18041
Attorney for Plaintiff
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LEGAL DESCRIPTION - 5305 EAST TRINDLE ROAD
HAMPDEN TOWNSmp. CUMBERLAND COUNTY. PENNSYLVANIA
ALL THAT certain piece or parcel of land situated in the Township of Hampden,
County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the northern side of Trindle Road, Pennsylvania Route No.
641, at the dividing line between Lots Nos. 7 and 6 and shown on the hereinafter mentioned
Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, North 30 degrees 50
minntes 50 seconds West, a distance of 274.68 feet to a point at line of lands of the United
States of America (Mechanics burg Naval Supply Depot); thence along the line of lands of said
United States of America, North 62 degrees East, a distance of200 feet to a point on the same;
thence continuing along the line of said lands of the United States of America, South 29 degrees
20 minutes 20 seconds East, a distance of 323.50 feet to a stake on the northern side of Trindle
Road aforesaid; thence along the northern side of said Trindle Road, South 76 degrees 10
minutes 40 seconds West, a distance of 200 feet to a point on the same at the dividing line
between Lots Nos. 7 and 6 on the hereinafter mentioned Plan of Lots, the point and place of
BEGINNING.
BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et al., by
D. P. Raffensperger, Registered Surveyor, on May 22,1967, and record~d in the Office ofthe
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 21.
HAVING erected thereon a commercial building known and numbered as 5301-5303
East Trindle Road. I
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife,
by their Deed dated August 11, 1994, and recorded in the Recorder's Office aforesaid in Deed
Book 100, at Page 48, granted and conveyed unto Timothy M. Schenk and Heather L. Schenk,
his wife, the Mortgagors herein.
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LAW OFFICES OF
KNUPP, KODAK & IMBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 171 08- 1848
Telephone: 717/238-7151
Facsimile: 717/238-7158
email: kki-Iaw@att.net
Robert Ewing Knupp
(1909-1976)
Robert H. Maurer
(1923-1998)
I'
Robert L. Knupp
Robert D. Kodak
Gary J. Imblum
NOTICE TO:
TIMOTHY M. SCHENK
1210 MUSKET LANE
MECHANICSBURG, PA 17055
HEATHER L. SCHENK
1210 MUSKET LANE
MECHANICSBURG, PA 17055
NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or
more mortgages, judgements or tax liens against the real estate which is the subject of the Notice of Sale pursuant
to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common
Pleas of the within County on the judgment of the Plaintiff named herein, the real estate situate at 5303 East
Trindle Road, Hampden Township, Cumberland County, Pennsylvania, will be exposed to public sale on
Wednesday, the 5th day of September, 2001, at the Cumberland County Courthouse, One Courthouse Square,
Carlisle, Pennsylvania 17013.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by
the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff's Sale.
TillS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE
JUDGMENT.
You may have legal rights to prevent your property from being taken away. A lawyer can advise you more
specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE TillS 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
TWO LIBERTY AVENUE
CARLISLE P A 17013
(717) 249-3166
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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 of the Petition to the Court.
IMBLUM, P.C.
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Robert D. Kodak
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PENNSYL VANIA STATE BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
: CIVIL ACTION - LAW
Defendants
: IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO
PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE:
Wednesday, September 5, 2001
TIME:
10:00 a. m., prevailing time
LOCATION: Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mailing consisting of a
statement of the measured boundaries of the property, together with a brief mention of the buildings and any other
major improvements on the land. (SEE DESCRIPTION ATTACHED)
THE LOCAL of the property to be sold is:
5303 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania
THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within
Commonwealth and County to:
2000-7170 Civil
by:
Robert D. Kodak
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LEGAL DESCRIPTION - 5305 EAST TRINDLE ROAD
HAMPDEN TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA
ALL THAT certain piece or parcel of land situated in the Township of Hampden, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to
wit:
BEGINNING at It point on the northern side of Trindle Road, Pennsylvania Route No. 641, at the
dividing line between Lots Nos. 7 and 6 and shown on the hereinafter mentioned Plan of Lots; thence along
said dividing line between Lots Nos. 7 and 6, North 30 degrees 50 minutes 50 seconds West, a distance ,of
274.68 feet to a point at line oflands ofthe United States of America (Mechanicsburg Naval Supply Depot);
thence along the line oflands ofsaid United States of America, North 62 degrees East, a distance of 200 feet
to a point on the same; thence continuing along the line of said lands of the United States of America, South
29 degrees 20 minutes 20 seconds East, a distance of 323.50 feet to a stake on the northern side of Trindle
Road aforesaid; thence along the northern side of said Trindle Road, South 76 degrees 10 minutes 40 seconds
West, a distance of 200 feet to a point on the same at the dividing line betw~en l.ots Nos. 7 and 6 on the
hereinafter mentioned Plan of Lots, the point and place of BEGINNING.
BEING Lot No.7 on a certain Plan of Lots made for William H.I Hooke, Jr., et at., by D. P.
Raffensperger, Registered Surveyor, on May 22, 2967, and recorded in the Ofice of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 21.
HAVING erected thereon a commercial building known and numbered as 5301-5303 East Trindle
Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. S~henk, his wife, by their Deed
dated Augnst 11, 1994, and recorded in the Recorder's Office aforesaid in Deed Book 100, at Page 48, granted
and conveyed unto Timothy M. Schenk and Heather L. Schenk, his wife, the Mortgagors herein.
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PENNSYL VANIA STATE BANK
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
IN MORTGAGE FORECLOSURE
Defendants
: NO. 2000-7170 CIVIL
NOTICE OF SHERIFF'S SALE
OF
REAL ESTATE
TO: TIMOTHY M. SCHENK and HEATHER L. SCHENK, Defendants herein and owners of the Real Estate
hereinafter described:
NOTICE IS HEREBY GIVEN that by virtue of the above-captioned Writ ofExe~ution issued under the
above-captioned Judgment, directed to the Sheriff of Cumberland County, there will be exposed to public sale by
I
vendue or outcry, to the highest and best bidders, for cash, in the Courthouse, Borough of'CarIisle, Cumberland
County, Pennsylvania, on Wednesday, September 5, 2001, at 10:00 o'clock a.m., in the forenoon of said day, all your
right, title and interest in and to ALL that certain piece or parcel of land sitnate at 5303 East Trindle Road, Hampden
Township, Cumberland County, Pennsylvania, the same more particularly described in Cumberland County Deed
Book 110 at Page 48.
NOTICE IS HEREBY GIVEN to all claimants and parties in interest that the Sheriff will, within thirty
(30) days thereafter, file a schedule of distribution in his office, where the same will be available for inspection and
that distribution will be made in accordance with this schedule unless exceptions are filed thereto within ten (10) days
thereafter.
by,~/L?-~ ~
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Office of the Sheriff
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
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LEGAL DESCRIPTION - 5305 EAST TRINDLE ROAD
HAMPDEN TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA
ALL THAT certain piece or parcel of land situated in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the northern side of Trindle Road, Pennsylvania Route No.
641, at the dividing line between Lots Nos. 7 and 6 and shown on the hereinafter mentioned
Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, North 30 degrees 50
minutes 50 seconds West, a distance of 274.68 feet to a point at line of lands of the United
States of America (Mechanics burg Naval Supply Depot); thence along the liIIle of lands of said
United States of America, North 62 degrees East, a distance of 200 feet to a point on the same;
thence continuing along the line of said lands of the United States of America, South 29 degrees
20 minutes 20 seconds East, a distance of323.50 feet to a stake on the northern side of Trindle
Road aforesaid; thence along the northern side of said Trindle Road, South 76 degrees 10
minutes 40 seconds West, a distance of 200 feet to a point on the same at the dividing line
between Lots Nos. 7 and 6 on the hereinafter mentioned Plan of Lots, the point and place of
BEGINNING.
BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et at., by
D. P. Raffensperger, Registered Surveyor, on May 22,1967, and recorded in the Office ofthe
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 21.
HAVING erected thereon a commercial building known and numbered as 5301-5303
East Trindle Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife,
by their Deed dated August 11, 1994, and recorded in the Recorder's Office aforesaid in Deed
Book 100, at Page 48, granted and conveyed unto Timothy M. Schenk and Heather L. Schenk,
his wife, the Mortgagors herein.
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Plaintiff
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TIMOTHY M. SCHENK lllld HEATHER
L. SCHENK
Defendants
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 2000-7170 CIVIL
CIVIL ACTION - LAW
: IN MORTGAGE FORECLOSURE
PRAECIPE TO FILE CERTIFICATES OF MAILING
U.S. POSTAL SERVICE FORMS 3817
TO THE PROTHONOTARY:
Please file the original Certificates of Mailing, U.S. Postal Service Forms 3817, attached hereto to the
above term and number.
TO Cumberland County
Prothonotary
CC Cumberland County
Sheriff
Dated: Julv 18.2001
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~Ro ert D. Kodak .
Attorney I.D. No. 18041
Attorney for Plaintiff
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PENNSYL VANIA STATE BANK
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER
L. SCHENK
: CIVIL ACTION - LAW
Defendants
: IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
I, BONNIE JO HULL, hereby certify that I have this date served a true and correct copy of
the attached documentation in the above-captioned matter upon the below listed individual(s) by
causing same to be deposited in the United States mail, fust class postage prepaid at Harrisburg,
Dauphin County, Pennsylvania, addressed as set forth below. To further evidence said mailing, a
true and correct copy of each U.S. Postal Service Certificate of Mailing, PS Form 3817, is attached
hereto.
TIMOTHY M SCHENK
1210 MUSKET LANE
MECHANICSBURG PA 17055
HEATHER L SCHENK
1210 MUSKET LANE
MECHANICSBURG PA 17055
KENNETH E SCHENK
1110 DRY POWDER CmCLE
MECHANICSBURG PA 17055
PATRICIA A SCHENK
1110 DRY POWDER CIRCLE
MECHANICSBURG PA 17055
TAX COLLECT HAMPDEN TOWNSffiP
5000 CREEKVIEW ROAD
MECHANICSBURG PA 17055
OFFICE OF TAX ASSESSMENT
CUMBERLAND CO COURTHOUSE
ONE COURTHOUSE SQUARE
C ISLE PA 17013
p, Ko & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
Dated:
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PENNSYLVANIA STATE BANK vs. TIKO'l'IlY II. & 1IEA'l'BER. L. SCHERIC
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Pennsylvania State Bank
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2000-7170 Civil Term
VS
Jacqueline A. Best-McKee
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Robert D. Kodak.
Sheriff's Costs:
Docketing
Surcharge
Posting Handbills
Law Library
Prothonotary
Share of Bills
Mileage
Levy
Advertising
Certified Mail
Poundage
Postpone Sale
Law Journal
Patriot News
30.00
30.00
15.00
1.00
25.66
7.15
15.00
15.00
1.14
15.60
377.00
262.95
$795.50 paid by attorney
09-20-01
Sworn and subscribed to before me
Prothonotary
So Answers: . ~
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R. Thomas Kline, Sheriff
Bya~~
Rea Estate eputy
This 1M- day of (()~
2001, A.D. CfJ.L- (J ~ ~,
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PENNSYLV ~ STATE BANK
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
: IN MORTGAGE FORECLOSURE
Defendants
: NO. 2000-7170 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129.1
PENNSYLVANIA STATE BANK, Plaintiff in the above action, sets forth as of the date the issued Writ of
Execution was filed, the following information concerning the real property located at 5303 East Trindle Road,
Hampden Township, Cumberland County, Pennsylvania, the same being more particularly described in Exhibit "A"
attached.
1. Name and Address of Owners or Reputed Owners:
Name
Timothy M. Schenk
Heather L. Schenk
Address
1210 Musket Lane
Mechanicsburg, P A 17055
2. Name and Address of Defendants in the judgment:
Name
Timothy M. Schenk
Heather L. Schenk
Address
1210 Musket Lane
Mechanicsburg, PA 17055
3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name
. Pennsylvania State Bank
Address
91 Cumberland Parkway
Mechanicsburg, PA 17055
4. Name and Address of the last recorded holder of every mortgage of record:
Name
Pennsylvania State Bank
Address
91 Cumberland Parkway
Mechanicsburg, PA 17055
Kenneth E. Schenk
Patricia A. Schenk
1110 Dry Powder Circle
Mechanicsburg, P A 17055
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.
5. Name a"d Address of every other person who has any record lien on their property:
Name
*
Address
*
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:
Name
.
Address
.
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:
Name
Tax Collector
Hampden Township
Address
5000 Creekview Road
Mechanicsburg, P A 17055
Tax Assessment Office for
Cumherland County
Courthouse, One Courthouse Square
Carlisle, P A 17013
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge,
information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904
relating to unsworn falsification to authorities.
Dated:
c1~/()/
Robert D. Kodak
Knupp, Kodak & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney I.D. No. 18041
Attorney for Plaintiff
....- ~~...."'""
Robert L. Knupp
Robert D. Kodal<
Gary J. Imblum
LAW OFFICES OF
KNUPP, KODAK & IMBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
Telephone: 717/238-7151
Facsimile: 717/238-7158
emoil: kki-Iow@att.net
Robert Ewing Knupp
(1909-1976)
Robert H. Maurer
(1923-1998)
NOTICE TO:
TIMOTHY M. SCHENK
1210 MUSKET LANE
MECHANICSBURG, PA 17055
HEATHER L. SCHENK
1210 MUSKET LANE
MECHANICSBURG, PA 17055
NOTIC.E IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or
more mortgages, judgements or tax liens against the real estate which is the subject of the Notice of Sale pursuant
to Pennsylvania Ru1e of Civil Procedure 3129.1 attached hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ ofExecution issued out of the Court of Common
Pleas of the within County on the judgment of the Plaintiff named herein, the real estate situate at 5303 East
Trindle Road, Hampden Township, Cumberland County, Pennsylvania, will be exposed to public sale on
Wednesday, the 5th day of September, 2001, at the Cumberland County Courthouse, One Courthouse Square,
Carlisle, Pennsylvania 17013.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by
the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE
JUDGMENT.
You may have legal rights to prevent your property from being taken away. A lawyer can advise you more
specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE
tHE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE P A 17013
(717) 249-3166
"Vol,
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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 of the Petition to the Court.
IMBLUM, P.C.
Robert D. Kodak
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PENNSYLVANIA STATE BANK
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
: CIVIL ACTION - LAW
Defendants
: IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE:
Wednesday, September 5, 2001
TIME:
10:00 a, m., prevailing time
LOCATION: Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mailing consisting of a
statement of the measured boundaries of the property, together with a brief mention of the buildings and any other
major improvements on the land. (SEE DESCRIPTION ATTACHED)
THE LOCAL of the property to be sold is:
5303 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania
THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within
Commonwealth and County to:
2000-7170 Civil
by:
Robert D. Kodak
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JUN 18 '01 10:0gRM KNUPP & KODRK PC
P.2
LEGAL DESCRIPTION - 5303 EAST ~
UAMPDEN TOWNSHIP, CUMBERLAND COUNrY~J{LVANIA
ALL THAT certain piece or parcel of land situated in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the northern side ofTrindle Road, Pennsylvania Route No.
641, at the dividing line between Lots Nos. 7 and 6 and shown on the hereinafter mentioned
Plan of Lots; thence along said dividing line betv(een Lots Nos. 7 and 6, North 30 degrees
SO minutes 50 seconds West, a distance of274;68 feet to a point at line oflands of the United
States of America (Mechanicsburg Naval Supply Depot); thence along the line oflands of
said United States of America, North 62 degrees East, a distance of200 feet to a point on the
same; thence continuing along the line of said lands of the United States of America, South
29 degrees 20 minutes 20 seconds East, a distance of 323 .50 feet to a stake on the northern
side of Trindle Road aforesaid; thence along the northern side of said Trindle Road, South
76 degrees 10 minutes 40 seconds West, a distance of 200 feet to a point on the same at the
dividing line between Lots Nos. 7 and 6 on the hereinafter mentioned Plan of Lots, the point
and place of BEGINNING.
BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et aI., by
D. P. Raffensperger, Registered Surveyor, on May 22, 1967, and recorded in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 19, at
Page 21.
HAVING erected thereon a commercial buiiding known and numbered as 5301-5303
East Trindle Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife,
by their Deed dated August 11, 1994, and recorded in the Recorder's Office aforesaid in
Deed Book 100, at Page 48, granted and conveyed unto Timothy M. Schenk and Heather L.
Schenk, his wife, the Mortgagors herein.
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JUN 18 2001 10:27
7172387158
PRGE.02
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. WRIT OF EXE.€UTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 00-7170 CIVIL 19
CIVIL ACTION - LAW
TO THE SHERIFF OF
CUMBERLAND
COUNTY:
Pennsylvania state Bank
To satisfy the debt. interest and costs due
PLAINTIFF(S)
frnm Timothy M. Schenk' and Heather L. Schenk, 1210 Musket Lane, Mechanicsburg
PA 17055.
DEFENDANT(S)
estate located
(1) You are directed to levy upon the property 01 the defendant(s) and to sell Real
at 5303 E. Trindle Road, Hampden Twp., Cumberland Co. PA
legal description.)
(See attached
(2) You are also directed to attach the property of the defendant(s) nollevied upon in the possession of
GARNISHEE(S) as follows:
and to notny the garnishee(s) that: (a)an"~nliChmenrffasbeen Issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or lor 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
slated.
Amount Due $409,819.25
10113/00 - 12/11/00 @ 7.75%/annum=
....~'uO, 6/12/01 @ 7 7~ f'Pr "nmnn,
LL
$22.064.05
Due Prothy
Other Costs
$1. 00
Atty's Comm
Atty Paid
Plaintiff Paid
%
$275.09
Date:
June 13, 2001
CURTIS R. LONG
by:
~
Jhon
t /
Deputy
/
REQUESTING PARTY:
Narne Robert D. Kodak, Esq.
407 N. Front St.
Harrisburg PA 17108-1848
Plaintiff
Address:
Attorney for:
Telephone:
Supreme Court ID No.
(717) 238-7151
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REAL ESTATE SALE No', 47
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On J wYl.t I 't, ;)(;0 I the sheriff levied upon the aerenaam..
Interest in the real property situated in 1k.r>...pdvt. T~
Oumberland County, Pa., known and numbered as: 5303 tCU5/ ~ind1l..t. fDc.d
flkrJw-n'(J.)biAA.j and more fully described on Exhibit "A" filed wit~
this writ and by this reference incoroorated herein.
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RE;\L ESTATE SALE NO. 47
Writ No. 2000-7170 Civil
Pennsylvania State Bank
vs.
",unothy M. Schenk and
Heather L. Schenk
Atty., Robert D. Kodak
LEGAL DESCRlPTION-SSOS
EAST TRlNDLE ROAD
HAMPDEN TOWNSHIP.
CUMBERLAND COUN1Y.
PENNSYLVANIA
.ALL THAT certain piece or pat'"-
eel of land situated in the Township
of Hampden. COtmty of Cumberland
and Commonwealth of Pennsylva-
nia, more particularly bounded and
descnbed as follows. to"wit:
BEGINNING at a point on the
northern side ofTrindle Road. Penn-
sylvania Route No. 641. at the di-
viding line between Lots Nos. 7 and
6 and shown on the hereinafter
mentioned Plan of Lots; thence along
said dividing line between Lots Nos.
7 and 6. North 30 degrees 50 min-
utes 50 seconds West. a distance
of 274.68 feet to a point at line of
lands of the United States of Amer-
ica (Mechanicsburg Naval Supply
Depot); thence along the line of
lands of said United States of Amer-
ica. North 62 degrees East. a dls-
tance_of.209_f~.et to ,a point~9nJh!=:
same: thence continuing along the
line of said lands of the United
States of America. South 29 degrees
20 minutes 20 seconds East, a dis~
tance of 323.50 feet to a stake on
the northern side of 1iindle Road
aforesaid; thence along the nortb.~
em side of said Trindle Road. South
76 degrees 10 minutes 40 seconds
West. a distance of 200 feet to a
point on the same at the dMding
line betw-een Lots Nos. 7 and 6 on
the hereinafter mentioned Plan of
Lots, the point and place of BEGIN-
NING.
BEING Lot No.7 on a certain Plan
of Lots made far William H. Hooke.
Jr.. et al.. by O. P. Raffensperger,
Registered Surveyor, on May 22.
1967. and recorded in the Office of
the Recorder of Deeds in and for
Cumberland County. Pennsylvania.
in Plan Book 19. at Page 2/.
HAVING erected thereon a com-
mercial building known and num-
bered as 5301-5303 East Trind!e
Road.
BEING the same premises which
Kenneth E. Schenk and Patricia A
Schenk. his Wife, by their Deed dat-
ed August 11, 1994, and recorded
in the Recorder's Office aforesaid
in Deed Book 100. at Page 48. grant-
ed and conveyed unto Timothy M.
Schenk .and Heather L. Schenk. his
wife, the Mortgagors herein.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
STATEOFPENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
RogerM. Morgenthal, 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, '! 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,
VlZ:
JULY 20, 27, AUGUST 3, 2001
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. '
SWORN TO AND SUBSCRIBED before me this
3 day of AUGUST. 2001
"NOT. "
LOIS E. SNYDER, Notary PublIc
ClIIiIIe.Boro CUmberlani1 County
MreoilhIIIJJ:Ellpinls MIrl:h 5!2005
ilEAL ESTATE SALE No. 47
Writ No. 2000-7170
Civil Tenn
Pennsylvania State Bank
, YS
Tlmo~tw M. Schenk and
~~,ther L Schenk '
Atly."<obert D. Kodak
OESCRIPTlON
AU~ THAT CEItTAIN piece or parcel of
laud~<;ituatcd in the Town!o.hip of Hampden.
C.ounty of Cumberland, Commonw~Jth of
Penn.sylvania, 'mDre parricularly bounded
and described a~ follows, to wit:
BEGINNING at a point on th~ n0l1hc:m side
of T riodle Road. Pennsylvania Route No.
I 641. at the dividing line between Lot<. Nry..,.
~ 7 and 6 and shown on the hcrcinafh.-r
mentioned Plan of Lot....; thence alQng f>aid
, dividing line betweeit 'Lots No~ 7 and {i.
North 30 degrees. 50 minutes 50 secQnds
Wc'st; a distance of 174.68 .feet to a point at
line of lands of the United Slates of America
(Meehanicsburg Naval Supply Dcpo'tl;
thence along t1' ~ line or lands of ~id United
SWtes" of .Amckta:,' Nord] 62 degrees East, a
distiihCc.of..20Q-JeeUo a point em the same;
th~nce continuing, along (he lin~ of, '>aid
bnel.. of the United States of Affil.'lica. South
'29,degree-; 2Ai ''minules 2J) seconds' Ea~I. OJ
! dis'tanee'"()f 323:50-- ft..'1:f to a stake -on the
lTorthern side of !.aid l'rindlc Road. South 76
degre~., 10 minute:. 4U seconds W~t. a
distance of 200 fl:ct to a 110int 011 the samt:: at
the dividing line between Lots N(l~. 7 and 6
rm ,thucreimll"tcr mcmionoo Pj;m of Lot.'>.,
the point and place of BEGINNING.
BEING Lot No. 7 on a ceitain Pkm of Lots
made, Jor William H. Hooke, Jr., ~t a., by
D.P. Raffenberger, Registered Surveyor, on
May;!!; 1967, an<frecordcd in the Office of
,th~ it...::order of Deed..; in alid for
"Cuiiiberland COilnty, Pennsylvania, il1'Plan'
Book 19, ate Page 2l.
HAYING ere<:ied_thcreQn a commetciaI
building known, ,1l1d numbered as 530 (.5303
Ea~ Tondle Road.
BEING the Sat,1C prcmi~ which Kenneth
E, Schenk and,Pr3tri~ia A. &."i1enk, his wife;
by,their [k.ed -d~ted ^ugust 11, ,1994. and
recorded in the Rcrordcr's OffJce,aforcsald
in Deed Book JOlt at page 48, grunt~d and
.:onw:Y"=d mHO Timothy M., Schenk and
HC3iher L Schenk, hi:, wife, the Mortgagors
ht.:rein.
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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
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager 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 Ib.!l.
Patriot-News and The Sundav 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 24th and 31st day(s) of July and the 7th
day(s) of August 2001. 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 COill~~ny and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in 2, ellaneous Book "M",
V;I~::I~:~~~~' ...............................f7....~........................
COpy scr e e me h 21s ay st 2001 A.D.
ria II .
S ALE #47 T.ny l. Russell, NOll lie
Hln1sbulll, DI nty
My Commission EopItos Jun. 6 .
, ' ARY PUBLIC
Member Pennsylvania A$SOelatlon 01 Nolanes
, My commission expires June 6, 2002
~o
,
CUMBERlAND COUN1Y SHERIFFS OFFICE
CUMBERlAND COUN1Y COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $
Probating same Notary Fee(s} $
Total $
261.45
1.50
262.95
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By....................................................................
~-"
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
PENNSYLVANIA STATE BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L. SCHENK
Defendants
: PRAECIPE FOR WRIT OF EXECUTION
~ORTGAGEFORECLOSURE)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
$ 419.363.10
Interest from 02/01102 @ 7.75% p.a.
$
and costs
~.
Robert D. Kodak, Attorney for Plaintiff
Note: Please furnish description of Property.
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LEGAL DESCRIPTION - 5303 EAST TRINDLE ROAD
HAMPDEN TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA
ALL THAT certain piece or parcel of land situated in the Township of Hampden, County of Cumberland and
Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern side of Trindle Road, Pennsylvania Route No. 641, at the dividing line
between Lots Nos. 7 and 6 and shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between
Lots Nos. 7 and 6, North 30 degrees 50 minutes 50 seconds West, a distance of274.68 feet to a point at line oflands of the
United States of America (Mechanicsburg Naval Supply Depot); thence along the line oflands ofsaid United States of
America, North 62 degrees East, a distance of200 feet to a point on the same; thence continuing along the line of said lands
ofthe United States of America, South 29 degrees 20 minutes 20 seconds East, a distance of323.50 feet to a stake on the
northern side of Trindle Road aforesaid; thence along the northern side of said Trindle Road, South 76 degrees 10 minutes
40 seconds West, a distance of 200 feet to a point on the same at the dividing line between Lots Nos. 7 and 6 on the
hereinafter mentioned Plan of Lots, the point and place of BEGINNING. '
BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et til, by D..P. Raffensperger,
Registered Surveyor, on May 22, 2967, and recorded in the'Office oHhe Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Plan Book 19, at Page 21.
HAVING erected thereon a commercial building known a.nd numbered as 5301-5303 East Trindle Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife, by their Deed dated August
11, 1994, and recorded in the Recorder's Office aforesaid!n Deed Book 100, at Page 48, granted and conveyed unto
Timothy M. Schenk and Heather L. Schenk, his wife, the Mortgagors herein.
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PENNSYL VANIA STATE BANK
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
IN MORTGAGE FORECLOSURE
Defendants
: NO. 2000-7170 CIVIL
AFFIDAVIT PuRSUANT TO RULE 3129.1
PENNSYLVANIA STATE BANK, Plaintiff in the above action, sets forth as of the date the issued Writ of
Execution was filed, the following information concerning the real property located at 5303 East Trindle Road,
Hampden Township, Cumberland County, Pennsylvania, the same being more particularly described in Exhibit "A"
attached.
1. Name and Address of Owners or Reputed Owners:
Name
Timothy M. Schenk
Heather L. Schenk
Address
1210 Musket Lane
Mechanicsburg, P A 17055
2. Name and Address of Defendants in the judgment:
Name
Timothy M. Schenk
Heather L. Schenk
Address
1210 Musket Lane
Mechanicsburg, P A 17055
3. Name Ilnd Address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name
Pennsylvania State Bank
Address
91 Cumberland Parkway
Mechanicsburg, P A 17055
4. Name and Address of the last recorded holder of every mortgage of record:
Name
Pennsylvania State Bank
Address
91 Cumberland Parkway
Mechanicsburg, PA 17055
Kenneth E. Schenk
Patricia A. Schenk
1110 Dry Powder Circle
Mechanicsburg, P A 17055
,
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5. Name and Address of every other person who has any record lien on their property:
Name
PNC Bank
Address
CCAT Department, 2730 Liberty Avenue
Pittsburgh, PA 15222
US Treasnry Department
IRS Special Procedures Division #162669342
Post Office Box 628
Pittsburgh,PA 15230
US Treasury Department
IRS Special Procedures Division #251772158
Post Office Box 628
Pittsburgh,PA 15230
P A Department of Revenue
#21566192,#18235309,#21180815
Strawberry Square
Harrisbnrg, P A 17128-11 00
P A Department of Revenue
Unemployment Compensation
Labor & Industry Building
Harrisburg, P A 17120
Tax Collector
Hampden Township
5000 Creekview Road
Mechanicsburg, PA 17055
Tax Assessment Office for
Cumberland County
Courthouse, One Courthouse Square
Carlisle, P A 17013
Frank A. Serio & Sons tla
Bakemark
8441 Dorsey Run Road
Jessup, MD 20794-0247
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:
Name
PNC Bank
Address
CCAT Department, 2730 Liberty Avenue
Pittsburgh,PAl 15222
US Treasury Department
IRS Special Procedures Division #162669342
Post Office Box 628
Pittsburgh, P A 15230
US Treasury Department
IRS Special Procedures Division #251772158
Post Office Box 628
Pittsburgh, P A 15230
P A Department of Revenue
#21566192,#18235309,#21180815
Strawberry Square
Harrisburg, P A 17128-1100
P A Department of Revenue
Unemploymeut Compensation
Labor & Industry Building
Harrisburg, P A 17120
Tax Collector
Hampden Township
5000 Creekview Road
Mechanicsburg, P A 17055
Tax Assessment Office for
Cumberland County
Courthouse, One Courthouse Square
Carlisle, PA 17013
-
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Frank A. Serio & Sons tJa
Bakemark
8441 Dorsey Run Road
Jessup, MD 20794-0247
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:
Name
PNC Bank
Address
CCAT Department, 2730 Liberty Avenue
Pittsburgh, P A 15222
US Treasury Department
ms Special Procedures Division #162669342
Post Office Box 628
Pittsburgh, P A 15230
US Treasury Department
ms Special Procedures Division #251772158
Post Office Box 628
Pittsburgh, P A 15230
PA Department of Revenue
#21566192,#18235309,#21180815
Strawberry Square
Harrisburg, PA 17128-1100
P A Department of Revenue
Unemployment Compensation
Labor & Indnstry Building
Harrisburg,PA 17120
Tax Collector
Hampden Township
5000 Creekview Road
Mechanicsburg, P A 17055
Tax Assessment Office for
Cumberland County
Courthouse, One Courthouse Square
Carlisle, P A 17013
Frank A. Serio & Sons t/a
Bakemark
8441 Dorsey Run Road
Jessup, MD 20794-0247
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge,
information or belief. I understand that false statements herein are made snbject to the penalties of 18 Pa. C.S. ~4904
relating to unsworn falsification to authorities.
Dated:
2-/1A ) tfL
I I
Robert D. Kodak
Knupp, Kodak & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney I.D. No. 18041
Attorney for Plaintiff
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LEGAL DESCRIPTION - 5303 EAST TRlNDLE ROAD
HAMPDEN TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA
ALL THAT certain piece or parcel of land situated in the Township of Hampden, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to
wit:
!'
BEGINNING at a point on the northern side of Trindle Road, Pennsylvania Route No. 641, at the
dividing line between Lots Nos. 7 and 6 and shown on the hereinafter mentioned Plan of Lots; thence along
said dividing line between Lots Nos. 7 and 6, North 30 degrees 50 minutes 50 seconds West, a distance of
274.68 feet to a point at line oflands ofthe United States of America (Mechanicsburg Naval Supply Depot);
thence along the line oflands of said United States of America, North 62 degrees East, a distance of200 feet
to a point on the same; thence continuing along the line of said lands of the United States of America, South
29 degrees 20 minutes 20 seconds East, a distance of 323.50 feet to a stake on the northern side of Trindle
Road aforesaid; thence along the northern side of said Trindle Road, South 76 degrees 10 minutes 40 seconds
West, a distance of 200 feet to a point on the same at the dividing line between Lots Nos. 7 and 6 on the
hereinafter mentioned Plan of Lots, the point and place of BEGINNING.
BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et al., by D. P.
Raffensperger, Registered Surveyor, on May 22, 2967, and recorded in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 21.
HAVING erected thereon a commercial building known and numbered as 5301-5303 East Trindle
Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife, by their Deed
dated August 11, 1994, and recorded in the Recorder's Office aforesaid in Deed Book 100, at Page 48, granted
and conveyed unto Timothy M. Schenk and Heather L. Schenk, his wife, the Mortgagors herein.
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PENNSYLVANIA STATE BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
: CIVIL ACTION - LAW
Defendants
: IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE P~SUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 13129.2
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE:
Wednesday, June 5, 2002
TIME:
10:00 a. m., prevailing time
LOCATION: Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mailing consisting of a
statement of the measured boundaries of the property, together with a brief mention of the buildings and any other
major improvements on the land. (SEE DESCRIPTION ATTACHED)
THE LOCAL of the property to be sold is:
5303 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania
THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within
Commonwealth and County to:
2000-7170 Civil
by:
Robert D. Kodak
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LEGAL DESCRIPTION - 5303 EAST TRlNDLE ROAD
F{AMPDENTOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA
ALL THAT certain piece or parcel of land situated in the Township of Hampden, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to
wit:
BEGINNINq at a point on the northern side of Trindle Road, Pennsylvania Route No. 641, at the
dividing line between, Lots Nos. 7 and 6 and shown on the hereinafter mentioned Plan of Lots; thence along
said dividing line between Lots Nos. 7 and 6, North 30 degrees 50 minutes 50 seconds West, a distance of
274.68 feet to a PQintiat line oflands of the United States of America (Mechanicsburg Naval Supply Depot);
thenCe along the line oflands of said United States of America, North 62 degrees East, a distance of200 feet
to a point on the same; thence continuing along the line of said lands of the United States of America, South
29 degrees 20 minutes 20 seconds East, a distance of 323.50 feet to a stake on the northern side of Trindle
Road aforesaid; then~e along the northern side of said Trindle Road, South 76 degrees 10 minutes 40 seconds
West, a distance of 200 feet to a point on the same at the dividing line between Lots Nos. 7 and 6 onthe
hereinafter mentioned Plan of Lots, the point and place of BEGINNING.
BEING Lot No.7 on a certain Plan of Lots made for William H. Hooke, Jr., et ai., by D. P.
Raffensperger, Registered Surveyor, on May 22, 2967, and recorded in the Office ofthe Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Plan Book 19, at Page 21.
HAVING erected thereon a commercial building known and numbered as 5301-5303 East Trindle
Road.
BEING the same premises which Kenneth E. Schenk and Patricia A. Schenk, his wife, by their Deed
dated Augnst 11, 1994, and recorded in the Recorder's Office aforesaid in Deed Book 100, at Page 48, granted
and conveyed unto Timothy M. Schenk and Heather L. Schenk, his wife, the Mortgagors herein.
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV ~
v.
NO. 2000-7170 CIVIL
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
CIVIL ACTION - LAW
Defendants
IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT TO Pa. R.C.P. 3129.2(c)(2)
AND NOW, this 21" day of February, 2002, comes ROBERT D. KODAK, ESQUIRE, KNUPP, KODAK
& IMBLUM, P.C., attorneys for the Plaintiff in the captioned matter, and hereby certifies that service on the
Defendants of the Notice of Sheriffs Sale was made by:
() Personal service by the Sheriffs Office/competent adult (copy of return attached).
() Certified mail by Robert D. Kodak, Esquire to Defendant(s) (original green postal return receipt
attached).
() Certified mail by Sheriffs Office.
() Ordinary mail by Robert D. Kodak, Esquire to Attorney for Defendant(s) (pS 3817 attached).
(X) Ordillary mail by Robert D. Kodak, Esquire to Defendant(s) (postal Service Forms 3817 attached
hereto).
() Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgement attached).
() Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER:
() Premises was posted by Sheriffs Office/competent adult (copy of return attached).
() Certified Mail and ordinary mail by Sheriffs Office (copy of return attached).
() Certified Mail and ordinary mail by Robert D. Kodak, Esquire (original green postal return receipt
attached).
PurslJantto the Affidavit under Rule 3129, service on all lienholders (if any) has been made by ordinary
mail by Robert L. Kodak, Esquire (Postal Service Forms 3817 attached hereto).
The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S.
~4904.
Respectfully submitted,
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney I.D. No. 18041
Attorney for Plaintiff
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PENNSYLVANIA STATE BANK
Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
IN MORTGAGE FORECLOSURE
Defendants
NO. 2000-7170 CIVIL
u.s. POSTAL SERVICE
CERTIFICATE OF MAILING
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PENNSYLVANIA STATE BANK
Plaintiff
vs.
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
Defendants
U.S. POSTAL SERVICE
CERTIFICATE OF MAILlNU
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT
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108-1848
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U.S. POSTAL SERVICE
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SNOT
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HARRISBURG, PA
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IN THE COURT OF COMMON PLEAS
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CIVIL ACTION - LAW
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IN THE COURT OF COMMON PLEAS
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VS.
CIVIL ACTION - LAW
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
IN MORTGAGE FORECLOSURE
Defendants
NO. 2000-7170 CIVIL
U.S. POSTAL SERVICE
CERTIFICATE OF MAiliNG
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT
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R.'~'edFralluPP. KODAK & IMBLUM, P.C.
P.O. SOX 11e~e
HARRISBURG. PA 17108-1848
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Robert L. Knupp
Robert D. Kodak
Gary J. Imblum
LAW OFFICES OF
KNUPP, KODAK & IMBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 171 08-1848
Telephone: 717/238-7151
Facsimile: 717 !238~7158
emoil: kki.law@verizon.net
Robert Ewing Knupp
(1909-1976)
Robert H. Maurer
(1923- J 998)
February 21, 2002
NOTICE TO:
TIMOTHY M. SCHENK
1210 MUSKET LANE
MECHANICS"BURG, P A 17055
HEATHER L. SCHENK
1210 MUSKET LANE
MECHANICSBURG, P A 17055
NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or
more mortgages, judgements or tax liens against the real estate which is the subject of the Notice of Sale pursuant
to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common
Pleas of the within County on the judgment of the Plaintiff named herein, the real estate situate at 5303 East
Trindle Road, Hampden Township, Cumberland County, Pennsylvania, will be exposed to public sale on
Wednesday, the 5th day of June, 2002, at the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania 17013.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by
the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE
JUDGMENT.
You may have legal rights to prevent your property from being taken away. A lawyer can advise you more
specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE P A 17013
(717) 249-3166
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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 Sheriff's 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 Ru1e 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 of the Petition to the Court.
by:
Robert D. Kodak
~~
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PENNSYLVANIA STATE BANK
Plaintiff
: In the Court of COMMON PLEAS of
: CUMBERLAND County, Pennsylvania
v.
NO. 2000-7170 CIVIL
TIMOTHY M SCHENK AND
HEATHER L. SCHENK
Defendants
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned Judgment as settled and satisfied in full.
Dated: May 29. 2002
TO CUMBERLAND County
Prothonotary
Robert D. Kodak Attorney for Plaintiff
Attorney I.D. No. 18041
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Peunsylvania State Bank
VS
Timothy M. Schenk and Heather L.
.schenk
",I
I I
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In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2000-7170 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Robert Kodak.
Sheriff s Costs:
Docketing
Surcharge
Posting Handbills
Prothonotary
Share of Bills
Mileage
Levy
Out of County
Postpone Sale
Advertising
Certified Mail
Poundage
Law Journal
Patriot News
30.00
30.00
15.00
1.00
25.20
15.18
15.00
15.00
2.80
5913.65
249.90
155.35
$6468.08
Sworn and subscribed to before me
"I
This J~ day of ~
2002, A.D. ~Q.~,~
Prothonotary
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R. Thomas Kline, Sheriff
BY"!()~~
Real Est e Deputy
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INTHECOURT ',~kMONPL~AS
OF CUMBERLAND COUNTY, PENNSYLVANIA
. ,
PENNSYLVANIASTATEBANK
Plaintiff
vs.
CIVIL ACTION - LAW
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
IN MORTGAGE FORECLOSURE
Defendants
: NO. 2000-7170 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129.1
PENNSYLVANIA STATE BANK, Plaintiff in the above action, sets forth as of the date the issned Writ of
Execution was filed, the following information concerning the real property located at 5303 East Trindle Road,
Hampden Township, Cumberland County, Pennsylvania, the same being more particularly described in Exhibit "A"
attached.
1. Name and Address of Owners or Reputed Owners:
Name
Timothy M. Schenk
Heather L. Schenk
Address
1210 Musket Lane
Mechanicsburg, P A 17055
2. Name and Address of Defendants in the judgment:
Name
Timothy M. Schenk
Heather L. Schenk
Address
1210 Musket Lane
Mechanicsburg, P A 17055
3. Name Ilnd Address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name
Pennsylvania State Bank
Address
91 Cumberland Parkway
Mechanicsburg, P A 17055
4. Name and Address ofthe last recorded holder of every mortgage of record:
Name
Pennsylvania State Bank
Address
91 Cumberland Parkway
Mechanicsburg, P A 17055
Kenneth E. Schenk
Patricia A. Schenk
1110 Dry Powder Circle
Mechanicsburg, P A 17055
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5. Name and Address of every other person who has any record lien on their property:
Name
PNC Bank
Address
CCAT Department, 2730 Liberty Avenue
Pittsburgh,PA 15222
US Treasury Department
IRS Special Procedures Division #162669342
Post Office Box 628
Pittsburgh, P A 15230
US Treasury Department
IRS Special Procedures Division #251772158
Post Office Box 628
Pittsburgh,PA 15230
PA Department of Revenue
#21566192,#18235309,#21180815
Strawberry Square
Harrisburg, PA 17128-1100
P A Department of Revenue
Unemployment Compensation
Labor & Iudustry Building
Harrisburg, P A 17120
Tax Collector
Hampden Township
5000 Creekview Road
Mechanicsburg, PA 17055
Tax Assessment Office for
Cumberland County
Courthouse, One Courthouse Square
Carlisle, PA 17013
Frank A. Serio & Sons t/a
Bakemark
8441 Dorsey Run Road
Jessup, MD 20794-0247
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:
Name
PNC Bank
Address
CCAT Department, 2730 Liberty Avenue
Pittsburgh, P A 15222
US Treasury Department
IRS Special Procedures Division #162669342
Post Office Box 628
Pittsburgh, PA 15230
US Treasury Department
IRS Special Procedures Division #251772158
Post Office Box 628
Pittsburgh, P A 15230
P A Department of Revenue
#21566192,#18235309,#21180815
Strawberry Square
Harrisburg,PA 17128-1100
P A Department of Revenue
Unemployment Compensation
Labor & Industry Building
Harrisburg, P A 17120
Tax Collector
Hampden Township
5000 Creekview Road
Mechanicsburg, P A 17055
Tax Assessment Office fllr
Cumberland County
Courthouse, One Courthouse Square
Carlisle, PA 17013
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Frank A. Serio & Sons t/a
Bakemark
8441 Dorsey Run Road
Jessup, MD 20794-0247
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:
Name
PNC Bank
Address
CCAT Department, 2730 Liberty Avenue
Pittsburgh, PA 15222
US Treasury Department
IRS Special Procedures Division #162669342
Post Office Box 628
Pittsburgh, P A 15230
US Treasury Department
IRS Special Procedures Division #251772158
Post Office Box 628
Pittsburgh, P A 15230
P A Department of Revenue
#21566192,#18235309,#21180815
Strawberry Square
Harrisburg, PA 17128-1100
P A Department of Revenue
Unemployment Compensatiou
Labor & Industry Building
Harrisburg,PA 17120
Tax Collector
Hampden Township
5000 Creekview Road
Mechanicsburg, P A 17055
Tax Assessment Office for
Cumberland County
Courthouse, One Courthouse Square
Carlisle, P A 17013
Frank A. Serio & Sons t/a
Bakemark
8441 Dorsey Run Road
Jessup, MD 20794-0247
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge,
information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904
relating to unsworn falsification to authorities.
Dated:
Robert D. Kodak
Knupp, Kodak & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney I.D. No. 18041
Attorney for Plaintiff
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PENNSYLVANIA STATE BANK
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
TIMOTHY M. SCHENK and HEATHER L.
SCHENK
IN MORTGAGE FORECLOSURE
Defendants
: NO. 2000-7170 CIVIL
NOTICE OF SHERIFF'S SALE
OF
REAL ESTATE
TO: TIMOTHY M. SCHENK and HEATHER L. SCHENK, Defendants herein and owners of the Real Estate
hereinafter described:
NOTICE IS HEREBY GIVEN that by virtue of the above-captioned Writ of Execution issued under the
above-captioned Judgment, directed to the Sheriff of Cumberland County, there will be exposed to public sale by
vendue or outcry, to the highest and best bidders, for cash, in the Courthouse, Borough of Carlisle, Cumberland
County, Pennsylvania, on Wednesday, June 5, 2002, at 10:00 o'clock a.m., in the forenoon of said day, all your right,
title and interest in and to ALL that certain piece or parcel of land situate at 5303 East Trindle Road, Hampden
Township, Cumberland County, Pennsylvania, the same more particularly described in Cumberland County Deed
Book 110 at Page 48.
NOTICE IS HEREBY GIVEN to all claimants and parties in interest that the Sheriff will, within thirty
(30) days thereafter, file a schedule of distribution in his office, where the same will be available for inspection and
that distribution will be made in accordance with this schedule unless exceptions are filed thereto within ten (10) days
thereafter.
by:
Office of the Sheriff
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
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Robert L. Knupp
Robert D. Kodak
Gary J. Imblum
LAW OFFICES OF
KNUPP, KODAK & IMBLUM, P.e.
. CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11 B48
HARRISBURG, PA 17108-1848
Telephone: 717/238-7151
Facsimile: 717/238-7158
email: kki.law@verizon.nel
Robert Ewing Knupp
(1909-1976)
Robert H. Maurer
(1923-1998)
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February 15, 2002
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NOTICE TO:
TIMOTHY M. SCHENK
1210 MUSKET LANE
MECHANICSBURG, P A 17055
HEATHER L. SCHENK
1210 MUSKET LANE
MECHANICSBURG, P A 17055
NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or
more mortgages, judgements or tax liens against the real estate which is the subject of the Notice of Sale pursuant
to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common
Pleas of the within County on the judgment of the Plaintiff named herein, the real estate situate at 5303 East
Trindle Road, Hampden Township, Cumberland County, Pennsylvania, will be exposed to public sale on
Wednesday, the 5th day of June, 2002, at the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania 17013.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by
the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale.
TillS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE
JUDGMENT.
You may have legal rights to prevent your property from being taken away, A lawyer can advise you more
specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE TillS 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
TWO LIBERTY AVENUE
CARLISLE P A 17013
(717) 249-3166
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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 of the Petition to the Court.
KNUPP, KODAK & IMBLUM, P.C.
~~
Robert D. Kodak ----
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WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 00-7170 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PENNSYL VANIA STATE BANK Plaintiff (s)
From TIMOTHY M. SCHENK AND HEATHER L. SCHENK, 1210 MUSKET LANE,
MECHANICSBURG, P A 17055
(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:
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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 hirnlher that helshe has been added as a
garnishee and is enjoined as above stated.
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Amount Due $419,363.10
L.L.
Interest FROM 211102 @ 7.75% P.A. AND COSTS
Atty's Cornm %
Due Prothy $1.00
Other Costs
Atty Paid $1085.59
Plaintiff Paid
Date: FEBRUARY 26, 2002
CURTIS R. LONG
Prothonotary, Civil Division
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQillRE
Address: 407 NORTH FRONT STREET
POBOX 11848
HARRISBURG, PA 17108-1848
Attorney for: PLAINTIFF
Telephone: 717-238-7151
Supreme Court ill No. 18041
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Real Estate Sale # ~3
On March 12, 2002 the sherifflevied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, P A
mown and numbered as 5303 East Trindle Rd., Mechanicsburg
and more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: March 12, 2002
By: Jo~ SovtJR
Real Estate Deputy
,!'.~3d
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REAI.$Il.'iE SAlE No. 43
Writ No. 2000-7170
cfvliterm
Pennsylvania State Bank
vs
Timothy M. Schenk and
Heather t. Schenk
Atty: Robert Kodak
DESCRTmON c
ALL THAT CERTAIN 'piece. or parcel Qf [and
, situated in the Townsmp of Hampden, County of
, Cumberland und Co,fnmonweallh Qf Pennsylvania,
, more particularly, oounded and described as
: follows, to wit
, BEGINNING at It ptIillt 011 the northern side of
, Trindk Road, Pennsylvauia Route No. 641, at the-
dIviding line between Lots Nos. 7 and 6 and
shown on the hereinafter mentioned Plan of Lots;
~e akIng said diy/cling !llle between Lots Nos.
, 1- ,and 6, North 30 degrees 50 minutes 50 seconds
: We.~f, a dls(ance of 274.68 feet to II pomt at line of
lam:J.s- of' the Vllllea States of America
, (Mechanics-burg Na\il.l.l Supply Depot); t1Ience
mong the line af iands of sald United Stales of
J Amerlca, NOJ:th 62 degrees Eas!, a distance of 200
I .feel to a, point OTj the ,same; thence continuing
along the line of said lanos of the United Stales of
America, South 29 de~ 20 mInutes 20 seconds
East, a distance: of 323.50 feet to a sta1;e on tlJe
northem side of lrind!~ Rond afore.wd; thence
along the northern RIde of said Toodle Rood.
South 76 degrees 10 minutes 40 seconds West, a
-dh,tance of 200 feet to a point on t!1e same at the
, <iividing line ~tween Lots Nos, 7 and 6 on the
hereinafter mentioned Plan' of Lots.. the point and
place of BEGINNING.
BEING Lot No.7 iJn a certain Plan of Lots made
for WHliam H. Hooke, Jr:, ct al., by D. P.
Raffensperger, Rejtistered Surveyor. on May 22,
1967, and recorded in the Office of the Recorder
" of Deeds in and for CUmberland County,
Pennsylvania, in Plan Book 19, at Page 21.
HA.VING erected !herecn a commerclal. building
known and numbered as 5301-5303 East Trilldle
Roa~ '
BElNG--lhe ,same Ilremises which Kenneth E.
, ~chenk.and Patricia A. Schenk. bls wife, by their
, Deed dated August 11, 1994, and recorded in the
: Recoroer's Office <lfore.~aid in Deed Book 100, at
': F<lge 48, granted and conveyro unto Timothy M.
Schenk <Iud Heather L. Schenk, his wife. the
I Mortgagors herein.
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THE PATRIOT NEWS
THE SUNDA Y PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Frank J. Epler being duly sworn according to law, deposes and says:
That he is the 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
Sundav 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 23rd and 30th day(s) of April 2002. That
neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of
the allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE #43
Notarial Seal
Tony L Ru..,II, Nota'Y
Harrisburg, Dauphin County
My Commission Expires June 6 2002
. Y commission expires June 6, 2002
Member, PannoylVania AsSOOialion of Nolarias
CUMBERLAND COUN1Y SHERIFFS OFFICE
CUMBERLAND COUN1Y COURTHOUSE
CARLISLE, PA. 17013
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Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $
Probating same Notary Fee(s) $
Total $
153.60
1.75
155.35
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By....................................................................
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REAL ESTATE SALE NO. 43
Writ No. 2000-7170 Civil
Pennsylvania State Bank
vs.
TImothy M. Schenk and
Heather L. Schenk
Atty.: Robert Kodak
LEGAL DESCRlPTION-
5303 EAST TRlNDLE ROAD
HAMPDEN TOWNSHIP.
CUMBERLAND COUN1Y.
PENNSYLANIA
ALL THAT certain piece or par-
eel of land situated in the Township
of Hampden. County of Cumberland
and Commonwealth of Pennsylva-
nia, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the
northern side ofTrindle Road, Penn-
sylvania Route No. 641, at the di-
viding line between Lots Nos. 7 and
6 and shown on the hereinafter
mentioned Plan of Lots; thence along
said dividing line between Lots Nos.
7 and 6. North 30 degrees 50 min-
utes 50 seconds West, a distance
of 274.68 feet to a point at line of
lands of the United States of Amer-
ica (Mechanicsburg Naval Supply
Depot); thence along the line of
lands of said United States of Amer-
ica. North 62 degrees East. a dis-
tance of 200 feet to a point on the
same; thence continuing along the
line of said lands of the United
States of America, South 29 degrees
20 minutes 20 seconds East, a dis-
tance of 323.50 feet to a stake on
the northern side of Trindle Road
aforesaid; thence along the north-
ern side of said Trindle Road, South
76 degrees 10 minutes 40 seconds
West. a distance of 200 feet to a
point on the same at the dividing
line between Lots Nos. 7 and 6 on
the hereinafter mentioned Plan of
Lots. the point and place of BEGIN-
NING.
BEING Lot No. 7 on a certain Plan
of Lots made for William H. Hooke.
Jr.. et al.. by D. P. Raffensperger.
Registered Surveyor, on May 22,
1967, and recorded in the Office of
the Recorder of Deeds in and for
Cumberland County, Pennsylvania.
in Plan Book 19. at Page 21.
HAVING erected thereon a com-
mercial building known and num-
bered as 5301-5303 East Trlndle
Road.
BEING the same premises wWch
Kenneth E. Schenk and Patricia A
Schenk, his wife, by their Deed, dat-
ed August II. 1994. and recorded
in the Recorder's Office aforesaid
In Deed Book 100. at Page 48. grant-
ed and conveyed unto Timothy M.
Schenk and Heather L. Schenk. his
wife, the Mortgagors herein.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, ofthe County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
APRIL 26, MAY 3,10,2002
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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~~
SWORN TO AND SUBSCRIBED before me this
10 day of MAY. 2002
Not
LOIS E. SNYDER. NoIaIy PublIc
Carflsle Boro, Cumberland County
My CommiIeIon Expll98 MardIS, 2005