HomeMy WebLinkAbout07-1539M
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Robert D. Kodak, Esquire
Supreme Court I.D. 18041
KODAK & IMBLUM, P.C.
Post Office Box 11848
407 North Front Street
Harrisburg, PA 17108-1848
717-238-7151 Fax: 717-238-7158
email: robert.kodak@verizon.net
Attornev for Pennsvlvania State Bank
PENNSYLVANIA STATE BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 01 - /537 (2lu?LYL6 EEe- ?
. t,
RICHARD D. ALBERTSON and ANNE CIVIL DIVISION - LAW
M.ALBERTSON
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 may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
PENNSYLVANIA STATE BANK
Plaintiff
V.
RICHARD D. ALBERTSON and ANNE
M.ALBERTSON
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
: CIVIL DIVISION -LAW
IN MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
The Plaintiff, Pennsylvania State Bank, by its attorneys, Kodak & Imblum, P.C., brings this
action of Assumpsit against the Defendants, Richard D. Albertson and Anne M. Albertson, to
recover the sum of One Hundred Ninety Thousand, Eight Hundred Sixteen Dollars and Thirty-Two
Cents ($190,816.32) along with interest thereon at the rate of Six and Three-Quarter (6.750%)
Percent per annum from February 22, 2007, upon a cause of action of which the following is a
statement:
1. The Plaintiff, Pennsylvania State Bank, is a financial organization organized and
existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place
of business at 2148 Market Street, Camp Hill, Cumberland County, Pennsylvania 17001-0487.
2. The Defendant, Richard D. Albertson, is an adult individual residing at 132 Briar
Patch Drive, Carlisle, Cumberland County, Pennsylvania 17013.
3. The Defendant, Anne M. Albertson, is an adult individual residing at 132 Briar Patch
Drive, Carlisle, Cumberland County, Pennsylvania 17013.
4. On or about December 9, 2004, in order to secure a loan for a commercial investment
property, Defendants did execute a Mortgage securing property as referenced in Deed Book 266,
Page 3660, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to
Plaintiff, in the amount of One Hundred Sixty-Five Thousand ($165,000.00) Dollars, with interest
thereon. A true and correct copy of said Mortgage is attached hereto, marked as Exhibit "A" and
made a part hereof.
5. In order to further secure said loan, on or about December 9, 2004, Defendants did
additionally execute a Promissory Note in the amount of One Hundred Sixty-Five Thousand
($165,000.00) Dollars. A true and correct copy of said Promissory Note is attached hereto, marked
as Exhibit "B" and made a part hereof.
F:\USER\BONNIEJO\PSB\FORECL\Albertson\compl - market st.wpd:08Mar07 2
6. Defendants did further enter into and execute a Business Loan Agreement. A true
and correct copy of the Business Loan Agreement as executed by Defendants on or about December
9, 2004, is attached hereto, marked as Exhibit "C" and made a part hereof.
7. Defendants have defaulted on the payment terms of the aforesaid Mortgage and Note,
and are indebted to Plaintiff in the amount of One Hundred Fifty-Nine Thousand, Thirteen Dollars
and Sixty-Four Cents ($159,013.64), as evidenced by Plaintiffs Statement of Account attached
hereto, marked as Exhibit "D" and made a part hereof.
8. Pursuant to the terms and conditions of the documentation attached hereto as Exhibits
"A," "B" and "C," Defendants are further liable to Plaintiff for attorney's fees which have been
added to said account in the amount of Thirty-One Thousand, Eight Hundred Two Dollars and Sixty-
Eight Cents ($31,802.68).
9. The balance due and owing by Defendants to Plaintiff is the sum of One Hundred
Ninety Thousand, Eight Hundred Sixteen Dollars and Thirty-Two Cents ($190,816.32), plus interest
at Six and Three-Quarter (6.750%) Percent per annum from February 22, 2007, said interest to
continue to accrue until such time as the loan is paid in full.
F:\USER\BOWEJO\PSB\FORECLWIbertson\compl - market st.wpd:08Mar07
10. As this is a commercial investment property and not Defendants' primary residence,
Act 91 Notices are not required.
11. Plaintiff has frequently demanded payment from Defendants of said amount due and
owing as aforesaid, 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 Defendant the sum of One Hundred
Ninety Thousand, Eight Hundred Sixteen Dollars and Thirty-Two Cents ($190,816.32), together
with interest thereon at the rate of Six and Three-Quarter (6.750%) Percent per annum from February
22, 2007.
Respectfully submitted,
KODAK & IN IRMA P.C.
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\BONNIEJO\PSB\FORECLWbertson\compl - market st.wpd:08Mar07 4
f'G
RECORDATION REQUESTED BY:
PENNSYLVANIA STATE BANK
Carlisle Financial Center
1 North Hanover Street
Carlisle, PA 17013
WHEN RECORDED MAIL TO: i
Pennsylvania State Bank
2148 Market Street. P. O. Box 487
Camp Hill, PA 17001-0487
SEND TAX NOTICES TO:
Richard D. Albertson
Anne M. Albertson
132 Briar Patch Drive
Carlisle, PA 17013 FOR RECORDER'S USE ONLY
MORTGAGE
THIS IS A PURCHASE MONEY MORTGAGE
THIS MORTGAGE dated December 9, 2004, is made and executed between Richard D. Albertson and Anne
M. Albertson, whose address Is 132 Briar Patch Drive, Carlisle, PA 17013 (referred to below as "Grantor")
and PENNSYLVANIA STATE BANK, whose address is 1 North Hanover Street, Carlisle, PA 17013 (referred
to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and
mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or
subsequently erected or affixed buildings, Improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way,
all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the
reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or
irrigation rights); and all other rights, royalties, and profits relating to the real propl including without limitation all minerals, oil, gas, geothermal
and similar matters, (the "Real Property") located In Cumberland County, Commonwealth of Pennsylvania:
201 S. Market Street, Mechanicsburg Borough, Cumberland County, Pennsylvania as further described
in Exhibit "A" attached hereto and by this reTerence made a part hereof.
The Real Property or its address is commonly known as 201 S. Market Street, Mechanicsburg, PA 17055.
The Real Property parcel identification number is 17-23-0565-069.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents
from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $155,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS
MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property, this
Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141.
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this
Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed
by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2)
use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of
the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been,
except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any
use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor
any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and
its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to
determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's
purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The
representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous
Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor
becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and told harmless Lender against any and all
claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release
occurring prior to Grantor's ownership or interest In the Property, whether or not the same was or should have been known to Grantor. The
provisions of this section of the Mortgage, including the obligation to indemnity, shall survive the payment of the Indebtedness and the
satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property,
whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other
party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to
replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter representatives may enter upon the Real Property at all reasonable times to
attend to Lender's into for purposes of Grantor's compliance with the terms and conditions of this
Mortgage. _
Compliance with Gov promptly comply with all laws, ordinances, and regulations, now or hereafter
in effect, of all gover occupancy of the Property, including without limitation, the Americans With
Disabilities Act. Grant w, ordinance, or regulation and withhold compliance during any proceeding,
1 FG27 3?
8K 189
MORTGAGE
Loan No: 715-00 00253 (Continued) Page 4
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not
remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other
obligation of Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes
the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be
required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to
Lender, and, in doing so, cure any Event of Default.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or
performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same
provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender
demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) it the cure requires more than fifteen (15) days,
immediately initiates steps which Lender deems in Lenders sole discretion to be sufficient to cure the default and thereafter continues and
completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may
exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the
entire Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking
possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above
Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make
payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse
instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or
other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any
proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a
receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the
power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property
and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if
permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property.
Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any
attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or
through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and
to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender
of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage ver'if'ied by affidavit, shall be
a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever.
Nonjudicial Safe. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the
Real Property by non-judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all
amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental -for the use of the Property, or (2) vacate the
Property immediately upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled.
In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by
separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time
after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable
law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal
Property may be made in conjunction with any sale of the Real Property.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect
Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or
restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of
Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any
other collateral directly or indirectly securing the Indebtedness.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to
recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modity or vacate any automatic stay or injunction),
appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court
costs, in addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given In writing, and shall
be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally
recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid,
directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has
priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address
for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the
party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise
provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all
Grantors. .
MORTGAGE
Loan No: 715-00 00253 (Continued)
Page 5
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to
the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by
the party or parties sought to be charged or bound by the alteration or amendment.
Annual Reports. If the Property Is used for purposes other than Grantor's residence, Grantor shall fumish to Lender, upon request, a
certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender
shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the
operation of the Property.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Governing Law. This Mortgage will be governed by, construed and enforced in accordance with federal law and the laws of the
Commonwealth of Pennsylvania. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania.
Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall
mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing
and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other
right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand
strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between
Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions.
Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute
continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the
sole discretion of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person
or circumstance, that finding shall not make the offending provision illegal, Invalid, or unenforceable as to any other person or circumstance.
If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. It the offending provision
cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or
unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any
time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives,
successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Time Is of the Essence. Time is of the essence in the performance of this Mortgage
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically
stated to the contrary, all references to dollar anrounts_shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shall Include the singular, as the context may require. Words and terms not otherwise
defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Richard D. Albertson and Anne M. Albertson and includes all co-signers and co-makers signing the
Note.
Default. The word "Default" means the Default set forth in this Mortgage in the section tilled "Default".
Environmental Laws. The words "Environmental Laws' mean any and all state, federal and local statutes, regulations and ordinances
relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99.499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the
Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations
adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of
this Mortgage.
Grantor. The word "Grantor" means Richard D. Albertson and Anne M. Albertson.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without
limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly
used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are
used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by
or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum
by-products or any traction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the
Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means a Note from Richard D. Albertson and Anne M. Albertson dated December 9, 2004..
Lender. The word "Lender" means PENNSYLVANIA STATE BANK, its successors and assigns.
Mortgage. The word 'Mortgage' means this Mortgage between Grantor and Lender.
Note. The word'Note" means the promissory note dated December 9, 2004, In the original principal amount of $165,000.00
from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for
the promissory note or agreement. The maturity date of the Note Is December 10, 2024.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter exis{?tr executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future r( IS4, W&-2is u 3 hyalties, profits, and other benefits derived from the
Property.
W' . .
MORTGAGE
Loan No: 715-00 00253 (Continued) Page 6
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS
TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
X & 'Jow --- _jSeal)
Richard D. Albertson
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Anne M. Albertson
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, PENNSYLVANIA STATE BANK, herein is as follows:
Carlisle Financial Center, 1 North Hanover Street, Carlisle, PA 17013
Attorney or Agent for Mortgagee
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
) SS
COUNTY OF
l ?h this, the IL 'may o,f Zo / '' before me f- j the undersigned Notary Public, personally appeared Richard D. Albertson and Anne M. Albertson,
known to me (or satisfactorily proven) to be the person whose names/are subscribed to the within instrument, and acknowledged that they
executed the same for the purposes therein contained. i j
In witness whereof, I hereunto set my hand and officlal a711. l?
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PROMISSORY NOTE
Principal Loan Pats i fylatttrl y ?twoan No call r Coll Account officer 1nlttals`
$165,000.00 12-09-2004 12"10^2024 715.00 00253 715 ,00 0025.3 pW L
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or Item.
Any item above containing '***" has been omitted due to text length limitations.
Borrower: Richard D. Albertson (SSN: 018-54-2766) Lender: PENNSYLVANIA STATE BANK
Anne M. Albertson (SSN: 026-52-3142) Carlisle Financial Center
132 Briar Patch Drive 1 North Hanover Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 243-3189
Principal Amount: $165,000.00 Interest Rate: 6.750% Date of Note: December 9, 2004
Maturity Date: December 10, 2024
PROMISE TO PAY. Richard D. Albertson and Anne M. Albertson ("Borrower") Jointly and severally promise to pay to PENNSYLVANIA STATE
BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Sixty-five Thousand $
00/100 Dollars ($165,000.00), together with Interest at the rate of 6.750% per annum on the unpaid principal balance from December 9, 2004
PAYMENT. Borrower will pay this loan in accordance with the following payment schedule:
The prinlcpal sum of $165,000.00, together with Interest as hereinafter provided on the principal balance outstanding at any time,
calculated on the basis of a 360 day year, shall be payable In consecutive monthly Installments, commencing on January 10, 2005, and
continuing on the 10th day of each month thereafter until December 10, 2024. Commencing from the date hereof and continuing until
December 10, 2009, principal and Interest In arrears at the rate of six and three-quarters percent (6.75%) per annum on the outstanding
prinlcpal balance shall be payable in equal monthly Installments of $1,264.39 on the 10th day of each month, each such payment to be
applied first to the payment of Interest on the outstanding principal balance, based on an agreed twenty (20) year amortization.
Thereafter, the Interest rate payable on the principal amount of the Loan then outstanding shall be a rate as offered by the Lender In Its
sole discretion, and the amount of the monthly Installments of principal and interest shall be such as have been agreed between the
Borrower and the Lender. Principal and Interest, at the rate above stated, shall be paid by Borrower to Lender In consecutive monthly
installments commencing on January 10, 2010, and continuing on the 10th day of each month thereafter until December 10, 2024. .
Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; then to
any unpaid collection costs; and then to any late charges. The annual Interest rate for this Note Is computed on a 365/360 basis; that Is, by
applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual
number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as
Lender may designate in writing.
PREPAYMENT PENALTY; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands that Lender
is entitled to a minimum interest charge of $7.50. Upon prepayment of this Note, Lender Is entitled to the following prepayment penalty: If for
any reason you should prepay the Loan a prepayment penalty shall be Invoked. Such prepayment fee shall be payable at the time of
prepayment in an amount calculated by Lender equal to five percent (51/6) of any amount prepaid during the first year of the Loan; four percent
(4%) of any amount prepaid during the second year of the Loan; three percent (3./.)•of any amount during the third year of the Loan; two
percent (21/6) of any amount during the fourth year of the Loan and one percent (1%) of any amount during the fifth year of the Loan. Borrower
may prepay this Loan without penalty from Internally generated funds or disposition of collateral. Other than Borrower's obligation to pay any
minimum interest charge and prepayment penalty, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not,
unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather,
early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender
payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of
Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning
disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full' of the amount owed or
that is tendered with other conditions or limitations or as full sa8sfaction of a disputed amount must be mailed or delivered to: Pennsylvania State Bank,
2148 Market Street, P.O. Box 487 Camp Hill, PA 17001-0487.
LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $50.00, whichever
Is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear Interest from the
date of acceleration or maturity at the interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law.
DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or In any of
the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Borrower.
Environmental Default. Failure of any parry to comply with or perform when due any term, obligation, covenant or condition contained in any
environmental agreement executed in connection with any loan.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note
or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading
at any time thereafter.
Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of
Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor
workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This
includes a garnishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this Event of Default shall not apply it
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding, in an amount determined by Lender, In its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be
required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender,
and, in doing so, cure any Event of Default.
Adverse Change. A material adverse change occurs In Borrower's financial condition, of r=end
Q Insecurity. Lender in good fah bet eves itself insecure.
Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same
provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding
cure of such default: (1) cures the default within fifteen (15) days; or (2) If the cure requires more than fifteen (15) days, immediately initiates
steps which Lender deems in Lend e ure the default and thereafter continues and completes all reasonable
and necessary steps sufficient to pr?? Practical.
LENDER'S RIGHTS. Upon default, Len* uired by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid interest s, . pay that amount.
ATTORNEYS' FEES; EXPENSES. Len p collect this Note If Borrower does not pay. Borrower will pay Lender
that amount. This includes, subject to a
IF t omeys' fees and Lender's legal expenses, whether or not there is a
lawsuit, including attorneys' fees, expen g efforts to modify or vacate any automatic stay or Injunction), and
appeals. It not prohibited by applicable I in addition to all other sums provided by law.
GOVERNING LAW. This Note will be in accordance with federal law and the laws of the Commonwealth
Loan No: 715-00 00253
PROMISSORY NOTE
(Continued)
Page 2
of Pennsylvania. This Note has been accepted by Lender In the Commonwealth of Pennsylvania.
DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or
preauthorized charge with which Borrower pays is later dishonored.
RIGHT OF SETOFF. To the extent permitted by applicable taw, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether
checking, savings, or some other account). This Includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower
authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts.
COLLATERAL. Borrower acknowledges this Note is secured by , among other things, a Mortgage and Security Agreement from Borrower to Lender of
even date herewith and Intended to be recorded forthwith, secured upon premises situate at 201 S. Market Street, Mechanicsburg, Pa. 17055 and 1 E.
Main Street, New Kingstown, Pa. 17072 as described in said Mortgage. All of the agreements, conditions, covenants, provisions and stipulations
contained in the mortgage which are to be kept and performed by Borrower, are hereby made apart of this Note to the same extent and with the same
force and effect as if they were fully set forth herein, and Borrower covenants and agrees to keep and perform them, or cause them to be kept and
performed, strictly in accordance with their terms.
PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain Insurance for the collateral securing this Note. Further information
concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby
incorporated and made a part of this Note.
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 on 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 rate 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 default is cured.
LOAN DOCUMENTS. This Note, the Mortgage and Security Agreement, the related collateral documents, Lender's commitment letter to Borrower dated
December 6, 2004, are referred to herein collectively as the "Loan Documents", and the provisions thereof are Incorporated herein by reference.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors
and assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notity us if we report any inaccurate
information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at
the following address: PENNSYLVANIA STATE BANK 2148 Market Street, P.O. Box 487 Camp Hill, PA 17001.0487
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower
understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional
secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more
times the time for payment or other terms of any indebtedness, including Increases and decreases of the rate of interest on the indebtedness; (c)
exchange, enforce, waive, subordinate, fall or decide not to perfect, and release any security, with or without the substitution of new collateral; (d)
apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the
controlling security agreements, as Lender In its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of
Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (I]I determine how, when and what
application of payments and credits shall be made on any other Indebtedness owing by such other Borrower. Borrower and any other person who
signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any
change in the terms of this Note, and -unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any
length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral;
and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify
this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint
and several. If any portion of this Note is for any reason determined to be unenforceable, It will not affect the enforceability of any other provisions of
this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS 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 WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE
IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE
AUTHORITY 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 PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS
NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING 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 TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X ^'
AL (Seal)
Ric and D. Albertson
LENDER:
PENNSYLVANIA STATE BANK
X '?2? t? ? Seal)
Anne M. Alberts n
X Au? Signer
y BUSINESS LOAN AGREEMENT
Principal 1»oan 04ta ` MaturEty loan ?a call i coil Accfauri? Q?ICQ1 ` In(ttals
$1555 00-0.00 7..2-.08-2004 1210.-aQ24 7?IQ0 0025:3....... 71S p0..0025.3 OWL
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular ban or item.
Any item above containing has been omitted due to text length limitations.
Borrower: Richard D. Albertson (SSN: 018-54-2766) Lender: PENNSYLVANIA STATE BANK
Anne M. Albertson (SSN: 026-52-3142) Carlisle Financial Center
132 Briar Patch Drive 1 North Hanover Street
Caflisle, PA 17013 Carlisle, PA 17013
(717) 243-3189
THIS BUSINESS LOAN AGREEMENT dated December 9, 2004, is made and executed between Richard D. Albertson and Anne M. Albertson
("Borrower") and PENNSYLVANIA STATE BANK ("Lender") on the following terms and conditions. Borrower has received prior commercial
loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, Including those which may be
described on any exhibit or schedule attached to this Agreement ("Loan"). Borrower understands and agrees that: (A) In granting, renewing,
or extending any Loan, Lender Is relying upon Borrower's representations, warranties, and agreements as set forth In this Agreement; (B) the
granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender's sole judgment and discretion; and (C) all
such Loans shall be and remain subject to the terms and conditions of this Agreement.
TERM. This Agreement shall be effective as of December 9, 2004, and shall continue in full force and effect until such time as all of Borrower's Loans in
favor of Lender have been paid in full, including principal, interest, costs, expenses, attorneys' fees, and other fees and charges, or until December 10,
2024.
CONDITIONS PRECEDENT TO EACH ADVANCE. Lender's obligation to make the initial Advance and each subsequent Advance under this
Agreement shall be subject to the fulfillment to Lender's satisfaction of all of the conditions set forth in this Agreement and in the Related Documents.
Loan Documents. Borrower shall provide to Lender the following documents for the Loan: (1) the Note; (2) Security Agreements granting to
Lender security interests in the Collateral; (3) financing statements and all other documents perfecting Lender's Security Interests; (4) evidence
of insurance as required below; (5) together with all such Related Documents as Lender may require for the Loan; all in form and substance
satisfactory to Lender and Lender's counsel.
Payment of Fees and Expenses. Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as
specified in this Agreement or any Related Document.
Representations and Warranties. The representations and warranties set forth in this Agreement, in the Related Documents, and in any
document or certificate delivered to Lender under this Agreement are true and correct.
No Event of Default. There shall not exist at the time of any Advance a condition which would constitute an Event of Default under this
Agreement or under any Related Document.
REPRESENTATIONS AND WARRANTIES. Borrower represents and warrants to Lender, as of the date of this Agreement, as of the date of each
disbursement of loan proceeds, as of the date of any renewal, extension or modification of any Loan, and at all times any Indebtedness exists:
Organization. Richard D. Albertson maintains an office at 132 Briar Patch Drive, Carlisle, PA 17013. Unless Richard D. Albertson has designated
otherwise in writing, the principal office is the office at which Richard D. Albertson keeps its books and records including its records concerning the
Collateral. Richard D. Albertson will notify Lender prior to any change in the location of Richard D. Albertson's principal office address or any
change in Richard D. Albertson's name. Richard D. Albertson shall do all things necessary to comply with all regulations, rules, ordinances,
statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to Richard D. Albertson and Richard D.
Albertson's business activities.
Anne M. Albertson maintains an office at 132 Briar Patch Drive, Carlisle, PA 17013. Unless Anne M. Albertson has designated otherwise in writing,
the principal office Is the office at which Anne M. Albertson keeps its books and records including Its records concerning the Collateral. Anne M.
Albertson will notify Lender prior to any change in the location of Anne M. Albertson's principal office address or any change in Anne M.
Albertson's name. Anne M. Albertson shall do all things necessary to comply with all regulations, rules, ordinances, statutes, orders and decrees
of any governmental or quasi-governmental authority or court applicable to Anne M. Albertson and Anne M. Albertson's business activities.
Assumed Business Names. Borrower has filed or recorded all documents or filings required by law relating to all assumed business names used
by Borrower. Excluding the name of Borrower, the following is a complete list of all assumed business names under which Borrower does
business: None.
Authorization. Borrower's execution, delivery, and performance of this Agreement and all the Related Documents have been duly authorized by
all necessary action by Borrower and do not conflict with, result in a violation of, or constitute a default under (1) any provision of any agreement
or other instrument binding upon Borrower or (2) any law, governmental regulation, court decree, or order applicable to Borrower or to
Borrower's "properties.
Financial Information. Each of Borrower's financial statements supplied to Lender truly and completely disclosed Borrower's financial condition
as of the date of the statement, and there has been no material adverse change in Borrower's financial condition subsequent to the date of the
most recent financial statement supplied to Lender. Borrower has no material contingent obligations except as disclosed in such financial
statements.
Legal Effect. This Agreement constitutes, and any instrument or agreement Borrower is required to give under this Agreement when delivered will
constitute legal, valid, and binding obligations of Borrower enforceable 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 writing to Lender and as
accepted by Lender, and except for property tax liens for taxes not presently due and payable, Borrower owns and has good title to all of
Borrower's properties free and clear of all Security Interests, and has not executed any security documents or financing statements relating to such
properties. All of Borrower's properties are titled in Borrower's legal name, and Borrower has not used or filed a financing statement under any
other name for at least the last five (5) years.
Hazardous Substances. Except as disclosed to and acknowledged by Lender in writing, Borrower represents and warrants that: (1) During the
period of Borrower's ownership of Borrower's Collateral, there has been no use, generation, manufacture, storage, treatment, disposal, release or
threatened release of any Hazardous Substance by any person on, under, about or from any of the Collateral. (2) Borrower has no knowledge of,
or reason to believe that there has been (a) any breach or violation of any Environmental Laws; (b) any use, generation, manufacture, storage,
treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Collateral by any prior owners or
occupants of any of the Collateral; or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters. (3)
Neither Borrower nor any tenant, contractor, agent or other authorized user of any of the Collateral shall use, generate, manufacture, store, treat,
dispose of or release any Hazardous Substance on, under, about or from any of the Collateral; and any such activity shall be conducted in
compliance with all applicable federal, state, and local laws, regulations, and ordinances, including without limitation all Environmental Laws.
Borrower authorizes Lender and its agents to enter upon the Collateral to make such inspections and tests as Lender may deem appropriate to
determine compliance of the Collateral with this section of the Agreement. Any inspections or tests made by Lender shall be at Borrowers
expense and for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Borrower or to
any other person. The representations and warranties contained herein are based on Borrower's due diligence in investigating the Collateral for
hazardous waste and Hazardous Substances. Borrower hereby (1) releases and waives any future claims against Lender for indemnity or
contribution in the event Borrower becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnity and hold
harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or
suffer resulting from a breach of this section of the Agreement or as a consequence of any use, generation, manufacture, storage, disposal,
release or threatened release of a hazardous waste or substance on the Collateral. The provisions of this section of the Agreement, including the
obligation to indemnity, shall survive the payment of the Indebtedness and the termination, expiration or satisfaction of this Agreement and shall
not be affected by Lender's acquisition of any interest in any of the Collateral, whether by foreclosure or otherwise.
Litigation and Claims. No litigation, claim i eeding or similar action (including those for unpaid taxes) against
Borrower is pending or threatened, an may materially adversely affect Borrower's financial condition or
properties, other than litigation, claims, closed to and acknowledged by Lender in writing.
Taxes. To the best of Borrower's know ! ports that are or were required to be filed, have been filed, and all
taxes, assessments and other govern apt those presently being or to be contested by Borrower in good
faith in the ordinary course of business --mow- y an provided.
Lien Priority. Unless otherwise previo yl or has not entered into or granted any Security Agreements, or
permitted the filing or attachment of a y of the Collateral directly or indirectly securing repayment of
Y
BUSINESS LOAN AGREEMENT
Loan No: 715-00 00253 (Continued) Page 2
Borrower's Loan and Note, that would be prior or that may in any way be superior-to Lender's Security Interests and rights in and to such
Collateral.
Binding Effect. This Agreement, the Note, all Security Agreements (if any), and all Related Documents are binding upon the signers thereof, as
well as upon their successors, representatives and assigns, and are legally enforceable in accordance with their respective terms.
AFFIRMATIVE COVENANTS. Borrower covenants and agrees with Lender that, so long as this Agreement remains in effect, Borrower will:
Notices of Claims and Litigation. Promptly inform Lender in writing of (1) all material adverse changes in Borrower's financial condition, and
(2) all existing and all threatened litigation, claims, investigations, administrative proceedings or similar actions affecting Borrower or any Guarantor
which could materially affect the financial condition of Borrower or the financial condition of any Guarantor.
Financial Records. Maintain its !woks and records in accordance with GAAP, applied on a consistent basis, and permit Lender to examine and
audit Borrower's books and records at all reasonable times.
Financial Statements. Furnish Lender with the following:
Annual Statements. As soon as available, but in no event later than one-hundred-twenty (120) days after the end of each fiscal year,
Borrower's balance sheet and income statement for the year ended, compiled by a certified public accountant satisfactory to Lender.
All financial reports required to be provided under this Agreement shall be prepared in accordance with GAAP, applied on a consistent basis, and
certified by Borrower as being true and correct.
Additional Information. Furnish such additional information and statements, as Lender may request from time to time.
Insurance. Maintain fire and other risk insurance, public liability Insurance, and such other insurance as Lender may require with respect to
Borrower's properties and operations, in form, amounts, coverages and with insurance companies acceptable to Lender. Borrower, upon request
of Lender, will deliver to Lender from time to time the policies or certificates of insurance in forth-satisfactory to Lender, including stipulations that
coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include
an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Borrower or any
other person. In connection with all policies covering assets in which Lender holds or is offered a security interest for the Loans, Borrower will
provide Lender with such lender's loss payable or other endorsements as Lender may require.
Insurance Reports. Furnish to Lender, upon request of Lender, reports on each existing insurance policy showing such information as Lender
may reasonably request, including without limitation the following: (1) the name of the insurer; (2) the risks insured; (3) the amount of the
policy; (4) the properties insured; (5) the then current property values on the basis of which insurance has been obtained, and the manner of
determining those values; and (6) the expiration date of the policy. In addition, upon request of Lender (however not more often than annually),
Borrower will have an independent appraiser satisfactory to Lender determine, as applicable, the actual cash value or replacement cost of any
Collateral. The cost of such appraisal shall be paid by Borrower.
Other Agreements. Comply with all terms and conditions of all other agreements, whether now or hereafter existing, between Borrower and any
other party and notify Lender immediately in writing of any default in connection with any other such agreements.
Loan Proceeds. Use all Loan proceeds solely for Borrower's business operations, unless specifically consented to the contrary by Lender in
writing.
Taxes, Charges and Liens. Pay and discharge when due all of its indebtedness and obligations, including without limitation all assessments,
taxes, governmental charges, levies and liens, of every kind and nature, imposed upon Borrower or its properties, income, or profits, prior to the
date on which penalties would attach, and all lawful claims that, if unpaid, might become a lien or charge upon any of Borrower's properties,
income, or profits.
Performance. Perform and comply, in a timely manner, with all terms, conditions, and provisions set forth in this Agreement, in the Related
Documents, and in all other instruments and agreements between Borrower and Lender. Borrower shall notify Lender immediately in writing of
any default in connection with any agreement.
Operations. Maintain executive and management personnel with substantially the same qualifications and experience as the present executive
and management personnel; provide written notice to Lender of any change in executive and management personnel; conduct its business affairs
In a reasonable and prudent manner.
Environmental Studies. Promptly conduct and complete, at Borrower's expense, all such investigations, studies, samplings and testings as may
be requested by Lender or any governmental authority relative to any substance, or any waste or by-product of any substance defined as toxic or
a hazardous substance under applicable federal, state, or local law, rule, regulation, order or directive, at or affecting any property or any facility
owned, leased or used by Borrower.
Compliance with Governmental Requirements. Comply with all laws, ordinances, and regulations, now or hereafter in effect, of all
governmental authorities applicable to the conduct of Borrower's properties, businesses and operations, and to the use or occupancy of the
Collateral, including without limitation, the Americans With Disabilities Act. Borrower may contest in good faith any such law, ordinance, or
regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Borrower has notified Lender In writing prior
to doing so and so long as, in Lender's sole opinion, Lender's interests in the Collateral are not jeopardized. Lender may require Borrower to post
adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest.
Inspection. Permit employees or agents of Lender at any reasonable time to inspect any and all Collateral for the Loan or Loans and Borrower's
other properties and to examine or audit Borrower's books, accounts, and records and to 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 generated records
and computer software programs for the generation of such records) in the possession of a third party, Borrower, upon request of Lender, shall
notify such party to permit Lender free access to such records at all reasonable times and to provide Lender with copies of any records it may
request, all at Borrower's expense.
Compliance Certificates. Unless waived in writing by Lender, provide Lender at least annually, with a certificate executed by Borrower's chief
financial officer, or other officer or person acceptable to Lender, certifying that the representations and warranties set forth in this Agreement are
true and correct as of the date of the certificate and further certifying that, as of the date of the certificate, no Event of Default exists under this
Agreement.
Environmental Compliance and Reports. Borrower shall comply in all respects with any and all Environmental Laws; not cause or permit to
exist, as a result of an intentional or unintentional action or omission on Borrower's part or on the part of any third party, on property owned and/or
occupied by Borrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to
and in compliance with the conditions of a permit issued by the appropriate federal, state or local governmental authorities; shall furnish to Lender
promptly and in any event within thirty (30) days after receipt thereof a copy of any notice, summons, lien, citation, directive, letter or other
communication from any governmental agency or instrumentality concerning any intentional or unintentional action or omission on Borrower's part
in connection with any environmental activity whether or not there is damage to the environment and/or other natural resources.
Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements,
assignments, financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence
and secure the Loans and to perfect all Security Interests.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Collateral or If Borrower
fails to comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower's failure to discharge or pay when
due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, LaMar on Borrower's behalf may (but
shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security
interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all costs for insuring, maintaining and preserving
any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the
date incurred or paid by Lender to the date of repayment by Borrower. All such expenses will become a part of the Indebtedness and, at Lender's
option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned arnong and be payable with any installment
payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a
balloon payment which will be due and payable at the Note's maturity.
NEGATIVE COVENANTS. Borrower covenants and agrees with Lender that while this Agreement is in effect, Borrower shall not, without the prior
written consent of Lender:
Indebtedness and Liens. (1) Except for trade debt Incurred in the normal course of business and indebtedness to lender contemplated by this
Agreement, create, incur or assume indebtedness for borrowed money, including capital leases, (2) sell, transfer, mortgage, assign, pledge,
lease, grant a security interest in, or encumber any of Borrower's assets (except as allowed as Permitted Liens), or (3) sell with recourse any of
Borrower's accounts, except to Lender.
Continuity of Operations. (1) Engage in any business activities substantially different than those in which Borrower is presently engaged, or (2)
BUSINESS LOAN AGREEMENT
Loan No: 715-00 00253 (Continued) Page 3
cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, dissolve or transfer or sell Collateral
out of the ordinary course of business.
Loans, Acquisitions and Guaranties. (1) Loan, invest in or advance money or assets to any other person, enterprise or entity, (2) purchase,
create or acquire any interest in any other enterprise or entity, or (3) incur any obligation as surety or guarantor other than in the ordinary course
of business.
Agreements. Borrower will not enter into any agreement containing any provisions which would be violated or breached by the performance of
Borrower's obligations under this Agreement or in connection herewith.
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other
agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds ff: (A) Borrower or any Guarantor is in default
under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (B)
Borrower or any Guarantor dies, becomes incompetent or becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a
bankrupt; (C) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of
any Collateral securing any Loan; or (D) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the
Loan or any other loan with Lender; or (E) Lender in good faith deems itself insecure, even though no Event of Default shall have occurred.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether
checking, savings, or some other account). This includes all accounts Borrower folds jointly with someone else and all accounts Borrower may open in
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower
authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts.
DEFAULT. Each of the following shall constitute an Event of Default under this Agreement:
Payment Default. Borrower fails to make any payment when due under the Loan.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in
any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement
between Lender and Borrower.
Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any
environmental agreement executed in connection with any Loan.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this
Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false
or misleading at any time thereafter.
Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of
Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor
workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
Defective Collateralization. This Agreement or any of the Related Documents ceases to be In full force and effect (including failure of any
collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Loan. This
includes a garnishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this Event of Default shall not apply if
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death,
Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the
guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
W Adverse Change. A material adverse change occurs in Borrower's financial condition. or-6enAer-belt eves4he-pFespasl-ef-payment-or
performanee-of-the-L-ean-is-impaired.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default on Indebtedness, is curable and if Borrower or Grantor, as the case may be, has not been given
a notice of a similar default within the preceding twelve (12) months, it may be cured if Borrower or Grantor, as the case may be, after receiving
written notice from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than
fifteen (15) days, Immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter
continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related
Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will
terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's option, all Indebtedness immediately will
become due and payable, all with94 notice ef-any-kind to Borrower, except that in the case of an Event of Default of the type described in the
"Insoivency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies
provided in the Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's rights
and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit
k - of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect
Lender's right to declare a default and to exercise its rights and remedies.
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 on 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 (.2596) during each thirty (30) day period thereafter during which the
noticed default continues. Such default interest rate 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 default is cured.
LOAN DOCUMENTS. This Note, the Mortgage and Security Agreement, the related collateral documents, Lender's commitment letter to Borrower dated
December 6, 2004, are referred to herein collectively as the "Loan Documents", and the provisions thereof are incorporated herein by reference.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:
Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the
party or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Borrower agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and
Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce
this Agreement, and Borrower shall pay the costs and expenses of such enforcement. Costs and expenses Include Lender's attorneys' fees and
legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to
modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also shall pay all
court costs and such additional fees as may be directed by the court.
Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the
provisions of this Agreement.
Consent to Loan Participation. Borrower agrees and consents to Lender's sale or transfer, whether now or later, of one or more participation
interests in the Loan to one or more purchasers, whether related or unrelated to Lender. Lender may provide, without any lirnitation whatsoever,
to any one or more purchasers, or potential purchasers, any information or knowledge Lender may have about Borrower or about any other matter
relating to the Loan, and Borrower hereby waives any rights to privacy Borrower may have with respect to such matters. Borrower additionally
waives any and all notices of sale of participation interests, as well as all notices of any repurchase of such participation interests. Borrower also
agrees that the purchasers of any such participation interests will be considered as the absolute owners of such Interests in the Loan and will have
all the rights granted under the participation agreement or agreements governing the sale of such participation interests. Borrower further waives
all rights of offset or counterclaim that it may have now or later against Lender or against any purchaser of such a participation interest and
unconditionally agrees that either Lender or such purchaser may enforce Borrower's obligation under the Loan irrespective of the failure or
insolvency of any holder of any interest in the Loan. Borrower further agrees that the purchaser of any such participation interests may enforce Its
r
_6 Y#
BUSINESS LOAN AGREEMENT
Loan No: 715-00 00253 (Continued) Page 4
interests irrespective of any personal claims or defenses that Borrower may have against Lender.
Governing Law. This Agreement will be governed by, construed and enforced In accordance with federal law and the laws of the
Commonwealth of Pennsylvania. This Agreement has been accepted by Lender In the Commonwealth of Pennsylvania.
Joint and Several Liability. All obligations of Borrower under this Agreement shall be joint and several, and all references to Borrower shall mean
each and every Borrower. This means that each Borrower signing below is responsible for all obligations in this Agreement.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A
waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lander's right otherwise to demand strict
compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender
and Borrower, or between Lender and any Grantor, shall constitute a waiver of any of Lender's rights or of any of Borrower's or any Grantor's
obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by
Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such
consent may be granted or withheld in the sole discretion of Lender.
Notices. Unless otherwise provided by applicable law, any notice required to be given under this Agreement shall be given in writing, and shall
be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally
recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid,
directed to the addresses shown near the beginning of this Agreement. Any party may change its address for notices under this Agreement by
giving formal written notice to the other parties, specifying that the purpose of the notice is to change the parry's address. For notice purposes,
Borrower agrees to keep Lender informed at all times of Borrower's current address. Unless otherwise provided by applicable law, if there is more
than one Borrower, any notice given by Lender to any Borrower is deemed to be notice given to all Borrowers.
Severability. It a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any person or
circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If
feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be
so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of
any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement.
Successors and Assigns. All covenants and agreements by or on behalf of Borrower contained in this Agreement or any Related Documents
shall bind Borrower's successors and assigns and shall inure to the benefit of Lender and its successors and assigns. Borrower shall not,
however, have the right to assign Borrower's rights under this Agreement or any interest therein, without the prior written consent of Lender.
Survival of Representations and Warranties. Borrower understands and agrees that in making the Loan, Lender is relying on all
representations, warranties, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered by Borrower to
Lender under this Agreement or the Related Documents. Borrower further agrees that regardless of any investigation made by Lender, all such
representations, warranties and covenants will survive the making of the Loan and delivery to Lender of the Related Documents, shall be
continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full, or until this
Agreement shall be terminated in the manner provided above, whichever is the last to occur.
Time Is of the Essence. Time is of the essence in the performance of this Agreement.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Agreement. Unless specifically staled
to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the
singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this
Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code. Accounting words and terms not otherwise defined in
this Agreement shall have the meanings assigned to them in accordance with generally accepted accounting principles as in effect on the date of this
Agreement:
Advance. The word "Advance" means a disbursement of Loan funds made, or to be made, to Borrower or on Borrower's behalf on a line of credit
or multiple advance basis under the terms and conditions of this Agreement.
Agreement, The word "Agreement" means this Business Loan Agreement, as this Business Loan Agreement may be amended or modified from
time to time, together with all exhibits and schedules attached to this Business Loan Agreement from time to time.
Borrower. The word "Borrower" means Richard D. Albertson and Anne M. Albertson and includes all co-signers and co-makers signing the Note.
Collateral. The word "Collateral" means all property and assets granted as collateral security for a -Loan, whether real or personal property,
whether granted directly or indirectly, whether granted now or in the future, and whether granted in the form of a security interest, mortgage,
collateral mortgage, deed of trust, assignment, pledge, crop pledge, chattel mortgage, collateral chattel mortgage, chattel trust, factors lien,
equipment trust, conditional sale, trust receipt, lien, charge, lien or title retention contract, lease or consignment intended as a security device, or
any other security or lien interest whatsoever, whether created by law, contract, or otherwise.
Environmental Laws. The words "Environmental Laws' mean any and all state, federal and local statutes, regulations and ordinances relating to
the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub.
L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery
Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Agreement in the default section of this
Agreement.
GAAP. The word "GAAP" means generally accepted accounting principles.
Grantor. The word 'Grantor' means each and all of the persons or entities granting a Security Interest in any Collateral for the Loan, including
without limitation all Borrowers granting such a Security Interest.
Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Loan.
Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical
or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated,
stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very
broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the
Environmental Laws. The term "Hazardous Substances" also Includes, without limitation, petroleum and petroleum by-products or any fraction
thereof and asbestos.
Indebtedness. The word "Indebtedness" means a Note from Richard D. Albertson and Anne M. Albertson dated December 9, 2004
Lender. The word "Lender" means PENNSYLVANIA STATE BANK, its successors and assigns.
Loan. The word "Loan" means any and all loans and financial accommodations from Lender to Borrower whether now or hereafter existing, and
however evidenced, including without limitation those loans and financial accommodations described herein or described on any exhibit or
schedule attached to this Agreement from time to time.
Note. The word "Note" means the Note executed by Richard D. Albertson and Anne M. Albertson M the principal amount of $165,000.00 dated
December 9, 2004, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the note or
credit agreement.
Permitted Liens. The words "Permitted Liens" mean (1) liens and security interests securing Indebtedness owed by Borrower to Lender; (2)
liens for taxes, assessments, or similar charges either not yet due or being-contested in good faith; (3) liens of materialmen, mechanics,
warehousemen, or carriers, or other like liens arising in the ordinary course of business and securing obligations which are not yet delinquent; (4)
purchase money liens or purchase money security interests upon or in any property acquired or held by Borrower in the ordinary course of
business to secure indebtedness outstanding on the date of this Agreement or permitted to be incurred under the paragraph of this Agreement
titled "Indebtedness and Liens"; (5) liens and security interests which, as of the date of this Agreement, have been disclosed to and approved by
the Lender in writing; and (6) those liens and security Interests which in the aggregate constitute an immaterial and insignificant monetary amount
with respect to the net value of Borrower's assets.
' Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
l agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
I agreements and documents, whether now or hereafter existing, executed in connection with the Loan.
'i Security Agreement. The words "Security Agreement" mean and include without limitation any agreements, promises, covenants, arrangements,
BUSINESS LOAN AGREEMENT
Loan No: 715-00 00253 (Continued) Page 5
understandings or other agreements, whether created by law, contract, or otherwise, evidencing, governing, representing, or creating a Security
Interest.
Security Interest. The words "Security Interest" mean, without limitation, any and all types of collateral security, present and future, whether in the
form of a lien, charge, encumbrance, mortgage, deed of trust, security deed, assignment, pledge, crop pledge, chattel mortgage, collateral chattel
mortgage, chattel trust, factor's lien, equipment trust, conditional sale, trust receipt, lien or title retention contract, lease or consignment intended as
a security device, or any other security or lien interest whatsoever whether created by law, contract, or otherwise.
BORROWER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS BUSINESS LOAN AGREEMENT AND BORROWER AGREES TO
ITS TERMS. THIS BUSINESS LOAN AGREEMENT IS DATED DECEMBER 9, 2004.
THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X W?.,M ?t r , (Seal) Xl?fi?+?+. ¢? (Seal)
Richard D. Albertson Anne M.Albe so
LENDER:
PENNSYLVANIA STATE BANK
By: V(. V " (A---- - ? (Seal)
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Authorized Signer
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MAR-20-2007 09:32 DOCUMENTATION 717 735 4864 P.03i03
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VER FICATION
L DAVID W. PREVOST, Vice-PresidentlSpecial Assets Officer, of PENNSYLVANIA
STATE BANK, verify that the statements made in the aforegoing Complaint in Foreclosure are true
and correct, I understandthat false statements herein we made subject to the penalties of 19 -Pa. C.
S. §4904, relating to unswom falsification to authorities.
PENNSYLVANIA STATE RANK
it,
V
David W. Pmvost '
Vice-Presiide:WSpecial Assets Officer
Dated: 31,4/07
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PENNSYLVANIA STATE BANK
Plaintiff
v.
RICHARD D. ALBERTSON and ANNE
M.ALBERTSON
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1539 CIVIL TERM
CIVIL DIVISION - 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), RICHARD D. ALBERTSON and
ANNE M. ALBERTSON, named for failure to file within the required time an Answer to the
Complaint in Mortgage Foreclosure in the above-captioned case and assess the Plaintiffs damages
as follows:
Amount claimed in Plaintiffs Complaint $190,816.32
Interest at the rate of 6.750% per annum from February 22, 2007 $2,415.01
Total $193,231.33
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.
KODAK & IM BL
By
Robert D. Kodak, Attorney for Plaintiff
DATED:. 4!dgment entered and damages assessed as above.
Prot onotary
LAW OFFICES OF
' KODAK & IMBLUM, P.C.
Robert D. Kodak CAMERON MANSION
Gary J. bnblum 407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
kki.lawfverizon.net
April 17, 2007
RICHARD D ALBERTSON
132 BRIAR PATCH DRIVE
CARLISLE PA 17013
RE: Pennsylvania State Bank
VS: Richard D. and Anne M. Albertson
No. 07-1539 Civil, Court of Common Pleas
FILETURY
717.238.7159
Facsimile
717.238.7158
Cumberland County, Pennsylvania (In Mortgage Foreclosure)
Property Address: 201 South Market Street, Mechanicsburg, PA
Our File No. 3-07-0051
Dear Mr. Albertson:
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith
a Notice of a Praecipe to Enter Judgment by Default. 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 in Mortgage Foreclosure 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, to enter Judgment against you in the amount as set forth in
said Complaint.
Very truly yours,
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
RDK/kqb
enclosure
cc: BRETT A BERTOLI ASST VP
SPECIAL ASSETS OFFICER
STERLING FINANCIAL CORP
POST OFFICE BOX 38
EAST PETERSBURG PA 17520-0038 A -D
FILE 'U?-OPY
PENNSYLVANIA STATE BANK
Plaintiff
V.
RICHARD D. ALBERTSON and ANNE
M. ALBERTSON
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1539 CIVIL TERM
: CIVIL DIVISION -LAW
Defendants : IN MORTGAGE FORECLOSURE
01PORTANT NOTICE
TO: RICHARD D. ALBERTSON, Defendant(s)
DATE OF NOTICE: APRIL 17, 2007
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOURDEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A 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
LAW OFFICES OF
KODAK & IMBLUM, P.C.
Robert D. Kodak CAMERON MANSION
Gary J. Imblum 407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
kki.law®verizon.net
April 17, 2007
ANNE M ALBERTSON
132 BRIAR PATCH DRIVE
CARLISLE PA 17013
RE: Pennsylvania State Bank
VS: Richard D. and Anne M. Albertson
No. 07-1539 Civil, Court of Common Pleas
L t1 DeP
717.238.7159
Facsimile
717.238.7158
Cumberland County, Pennsylvania (In Mortgage Foreclosure)
Property Address: 201 South Market Street, Mechanicsburg, PA
Our File No. 3-07-0051
Dear Ms. Albertson:
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith
a Notice of a Praecipe to Enter Judgment by Default. 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 in Mortgage Foreclosure 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, to enter Judgment against you in the amount as set forth in
said Complaint.
Very truly yours,
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
RDK/kqb
enclosure
cc: BRETT A BERTOLI ASST VP
SPECIAL ASSETS OFFICER
STERLING FINANCIAL CORP
POST OFFICE BOX 38
EAST PETERSBURG PA 17520-0038 A
fl, I I I
FILE Copy
PENNSYLVANIA STATE BANK IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 07-1539 CIVIL, TERM
RICHARD D. ALBERTSON and ANNE CIVIL DIVISION - LAW
M. ALBERTSON
Defendants IN MORTGAGE FORECLOSURE
IMPORTANT NOTICE
TO: ANNE M. ALBERTSON- Defendant(s)
DATE OF NOTICE: APRIL 17, 2007
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOURDEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IlVIPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A 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
V.
RICHARD D. ALBERTSON and ANNE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1539 CIVIL TERM
CIVIL DIVISION - LAW
M.ALBERTSON
Defendants IN MORTGAGE FORECLOSURE
TO: RICHARD D. ALBERTSON, Defendant(s)
You are hereby notified that on _M a 2 , 20 j6 the following
(judgment) has been entered against you in the a ove-captioned case.
Ludgment entered in the amount of $193,231.33.
DATE:
P othonota
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
RICHARD D. ALBERTSON
132 BRIAR PATCH DRIVE
CARLISLE PA 17013
PENNSYLVANIA STATE BANK
Plaintiff
v.
RICHARD D. ALBERTSON and ANNE
M.ALBERTSON
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1539 CIVIL TERM
CIVIL DIVISION - LAW
IN MORTGAGE FORECLOSURE
TO: ANNE M. ALBERTSON, Defendant(s)
You are hereby notified that on /VC? 1.4 206 ?the following
(judgment) has been entered against you in the Bove-captioned case.
Tudgment entered in the amount of $193,231.33.
DATE:
Pro ono
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
ANNE M. ALBERTSON
132 BRIAR PATCH DRIVE
CARLISLE PA 17013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
PENNSYLVANIA STATE BANK
Plaintiff
VS.
RICHARD D. ALBERTSON and ANNE M.
ALBERTSON
Defendants
0 Confessed Judgment
® Other: IN MORTGAGE FORECLOSURE
File No. 07-1539 CIVIL
Amount Due $ 193,231.33
Interest (from date of Judgment 6.7500%)
: Atty's Comm
Costs $
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, or account
based on a confession of judgment but if it does, it is based on the appropriate original proceeding filed pursuant to
Act 7of 1966 as amended and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County for debt, interest and costs upon the
following described property of the defendant(s)
Real property situate and known as 201 South Market Street (corner property), Borough of Mechanicsburs and also
identified as Tax Parcel No. 17-23-0565-069
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six
copies of the description; supply four copies of lengthy personalty list)
And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
E3 (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s)
described in the attached exhibit.
Date: Signature:
Robert D. Kodak
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
Attorney for Plaintiff
717.238.7152 Fax: 717.238.7158
email: robert.kodak@verizon.net
Supreme CourtLD. No. 18041
?r
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-1539 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PENNSYLVANIA STATE BANK, Plaintiff (s)
From RICHARD D. ALBERTSON AND ANNE M. ALBERSTON
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $193,231.33
L.L. $.50
Interest FROM DATE OF JUDGMENT @ 6.7500%
Atty's Comm % Due Prothy $2.00
Atty Paid $169.15
Plaintiff Paid
Other Costs
Date: MAY 30, 2007
(Seal)
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: 407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
Attorney for: PLAINTIFF
Telephone: 717-238-7152
Mirti§ R. Long, Prothonotary
Deputy
Supreme Court ID No. 18041
PENNSYLVANIA STATE BANK
Plaintiff
vs.
RICHARD D. ALBERTSON and ANNE
M. ALBERTSON
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: IN MORTGAGE FORECLOSURE
NO. 07-1539 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129.1
Cornerstone Federal Credit Union, 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 in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, the same being
more particularly described in Exhibit "A" attached.
1.
2
3
Name and Address of Owners or Reputed Owners:
Name Address
Richard D. Albertson 132 Briar Patch Road
Carlisle, PA 17013
Anne M. Albertson 132 Briar Patch Road
Carlisle, PA 17013
Name and Address of Defendants in the judgment:
Name Address
Richard D. Albertson 132 Briar Patch Road
Carlisle, PA 17013
Anne M. Albertson 132 Briar Patch Road
Carlisle, PA 17013
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
2148 Market Street
Camp Hill, PA 17011
4. Name and Address of the last recorded holder of every mortgage of record:
Name
Pennsylvania State Bank
Address
2148 Market Street
Camp Hill, PA 17011
^'
10
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PENNSYLVANIA STATE BANK
Plaintiff
VS.
RICHARD D. ALBERTSON and ANNE
M.ALBERTSON
Defendants
TAKE NOTICE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
IN MORTGAGE FORECLOSURE
NO. 07-1539 CIVIL
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Wednesday, September 5, 2007
TIME: 10:00 a, m., prevailing time
LOCATION: Cumberland County Courthouse
One Courthouse Square, Carlisle, PA 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:
Corner property known as 201 South Market Street, Borough of Mechanicsburg, County of
Cumberland.
THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within
Commonwealth and County to:
No. 07-1539 Civil Term
Court of Common Pleas, Cumberland County, PA
KODAK & IMB , P.C.
by:
Robert D. Kodak
Attorney for Plaintiff
Z5
LEGAL DESCRIPTION
PREMISES KNOWN AS 201 SOUTH MARKET STREET
BOROUGH OF MECHANICSBURG
ALL THAT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County
of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at the building line on the corner of South Market Street and East Simpson
Street; thence southward along the building line of South Market Street, thirty-seven (37) feet six
(6) inches, more or less, to lot formerly of F. S. Mumma, now or formerly of George
Pondergrass; thence eastwardly eighty-seven (87) feet to lot formerly of The Estate of Isabella
Senseman, deceased, now or formerly of C. O. and Rea Sadler; thence by line of said lot
northward twenty-eight (28) feet six (6) inches to the building lines of East Simpson Street;
thence by said East Simpson Street, westward eighty-eight (88) feet six (6) inches to the point
and place of BEGINNING.
IMPROVED with a three (3) story brick dwelling or apartment building known as 201
South Market Street and a one(1) story shop or business building known as 6 East Simpson
Street, and further identified as Tax Map Number 17-23-0565-069.
BEING the same premises which Griggs F. Cook and John A. Coppens, a Pennsylvania
Partnership, and Griggs F. Cook a/kla Griggs F. Cooke, individually, and Shirley J. Cooke, his
wife, and John A. Coppens, single, individually, and Richard R. Hensel, single, by their Deed
dated November 20, 2004, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Book 266 at Page 3660 on December 16, 2004, granted
and conveyed unto Richard D. Albertson and Anne M. Albertson, husband and wife.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-01539 P
w
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENNSYLVANIA STATE BANK
VS
ALBERTSON RICHARD D ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
ALBERTSON RICHARD D the
DEFENDANT
at 2056:00 HOURS, on the 27th day of March , 2007
at 132 BRIAR PATCH ROAD
CARLISLE, PA 17013
RICHARD ALBERTSON
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 5.76
Postage .39
Surcharge 10.00
.00
Ij JD14 'i 34.15
Sworn and Subscibed to
before me this
of
So Answers:
R. Thomas Kline
03/29/2007
KODAK & IMBLUM
By. ?,Zf 1"4 Z?
day y he i
, A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-01539 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENNSYLVANIA STATE BANK
VS
ALBERTSON RICHARD D ET AL
KENNETH GOSSERT
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
ALBERTSON ANNE M the
DEFENDANT , at 2056:00 HOURS, on the 27th day of March , 2007
at 132 BRIAR PATCH ROAD
CARLISLE, PA 17013
RICHARD ALBERTSON, HUSBAND
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
r/ 16.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
03/29/2007
KODAK & IMBLUM
By: 7w /,?, ?
D t S e f
A. D.
Robert D. Kodak, Esquire
Supreme Court I.D. 18041
KODAK & IMBLUM, P.C.
Post Office Box 11848
407 North Front Street
Harrisburg, PA 17108-1848
717-238-7152 Fax: 717-238-7158
email: robert.kodak@verizon.net
AttnrnPV fnr Plaintiff
PENNSYLVANIA STATE BANK IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
RICHARD D. ALBERTSON and ANNE
M. ALBERTSON
CIVIL ACTION -LAW
IN MORTGAGE FORECLOSURE
Defendants : NO. 07-1539 CIVIL
CERTIFICATE OF SERVICE
PURSUANT TO Pa. R.C.P. 3129.2(c)(2)
AND NOW, this 22nd day of June, 2007, comes ROBERT D. KODAK, ESQUIRE, 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 on June 21, 2007, 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).
(?) Ordinary mail by Robert D. Kodak, Esquire to Defendant(s) and all other requisite parties (PS
3817 ongmal receipts attached).
( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment
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).
( ) Pursuant to the Affidavit under Rule 3129, service on all lienholders (if any) has been made by
ordinary mail by Robert D. Kodak, Esquire (copies of Postal Service Forms 3817 attached).
The undersigned understands that the statements herein are subject to the penalties provided by
18 P.S. §4904.
Respectfully submitted,
KODAK &- UM, P.C.
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7152
Attorney I.D. No. 18041
Attorney for Plaintiff
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR URANCE-POSTMASTER
Received From:
KNUPP, KODAK & IMB6W,
P
.0. BOX 1 18 „
A 17 IF-1848 UNIT?o
N ' N
One pie -- ?' O
i"
RICHARD D ALBERTSON ` -? N N ?OaY
132 BRIAR PATCH ROAD
CARLISLE PA 17013 o 0:;??]
N awou? n s
rn -
PS Forth 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
=VIE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
VIDE FOR INSURANCE-POSTMASTER
Received From:
KNUPP, KODAK & IMBLLIM P r,
P.O. BOX 11848
HARRISBURG, PA 1 108-111?48
One pie-
ANNE ine . m1, aa. -? . .
M ALBERTSO"
132 BRIAR PATCH RO ; .. _,
CARLISLE PA 17013
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAWNG
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDEFORINSURANCE-POSTMASTER
Received From: P.C
KNUPP, KODAK & IMBLUM,
V.0. RQX 14 AAA
-1848 Qpr
u&PRIRRURG, Psi 17103
TAX CLAIM BUREAU`
CUMBERLAND COUNTY COURT 1
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
PS Form 3817, January 2001
WTI Ir}NI
CD, n JIF
S
CD,
t'j
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KNUf P, KODAK & IMBLUM, P.C.
WARRISBURG, PA 17108-18418
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201-C SOUTH MARKET STR]
MECHANICSBURG PA 17055
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
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201-B SOUTH MARKETS b .
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Pennsylvania State Bank is the grantee the same having been sold to said
grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 20th
day of May, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007
Number 1539, at the suit of Pennsylvania State Bank against Richard D Albertson & Anne M is duly
recorded as Instrument Number 200737248.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this Z(O
A.D.
day of
RNNW of W'"'* Cuwna co j*. Cwft. PA' Recorder of Deeds
Pennsylvania State Bank In the Court of Common Pleas of
VS Cumberland County, Pennsylvania
Richard D. Albertson and Anne M. Albertson Writ No. 2007-1539 Civil Term
William Cline, Deputy Sheriff, who being duly sworn according to law, states that
on June 19, 2007 at 2000 hours, he served a true copy of the within Real Estate Writ,
Notice and Description, in the above entitled action, upon the within named defendant, to
wit: Richard D. Alberston and Anne M. Albertson, by making known unto Richard D.
Alberston personally and husband to Anne M. Albertson, at 132 Briar Patch Drive,
Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to
him personally the said true and correct copy of the same.
Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law,
states that on July 6, 2007 at 1440 hours, he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Richard D. Albertson and Anne M. Albertson located at 201 South Market Street,
Mechanicsburg, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendants, to wit: Richard D. Albertson and Anne M. Albertson, by regular mail to their
last known address of 132 Briar Patch Road, Carlisle, PA 17013. These letters were
mailed under the date of July 2, 2007 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on September 5, 2007 at 10:00 o'clock A.M. He sold the same for
the sum of $1.00 to Attorney Robert D. Kodak on behalf of Pennsylvania State Bank. It
being the highest bid and best price received for the same, Pennsylvania State Bank, of
c/o Sterling Financial, PO Box 38, East Petersburg, PA 17520, being the buyer in this
execution, paid to Sheriff R. Thomas Kline the sum of $1,019.84.
Sheriffs Costs:
Docketing $30.00
Poundage 20.00
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Mileage 16.32
Levy 15.00
Surcharge 30.00
Law Journal 371.00
Patriot News 366.83
Share of Bills 15.69
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$ 1,019.84
So Answers:
R. Thomas Kline, Sheriff
BY
Real Estate rgeant
?/ / ° /1-7/11 T
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PENNSYLVANIA STATE BANK
Plaintiff
VS.
RICHARD D. ALBERTSON and ANNE
M. ALBERTSON
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
IN MORTGAGE FORECLOSURE
: NO. 07-1539 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 in the
Borough of Mewchanicsburg, Cumberland County, Pennsylvania, the same being more particularly
described in Exhibit "A" attached.
1. Name and Address of Owners or Reputed Owners:
Name
Richard D. Albertson
Anne M. Albertson
2. Name and Address of Defendants in the judgment:
Name
Richard D. Albertson
Address
132 Briar Patch Road
Carlisle, PA 17013
132 Briar Patch Road
Carlisle, PA 17013
Address
132 Briar Patch Road
Carlisle, PA 17013
Anne M. Albertson 132 Briar Patch Road
Carlisle, PA 17013
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
2148 Market Street
Camp Hill, PA 17011
4. Name and Address of the last recorded holder of every mortgage of record:
Name
Pennsylvania State Bank
Address
2148 Market Street
Camp Hill, PA 17011
r
5
6.
7.
Name and Address of every other person who has any record lien on their property:
Name
Tax Claim Bureau
Cumberland County
Address
Courthouse
One Courthouse Square
Carlisle, PA 17013
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
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
Barry L. Heckard, Tax Collector
Borough of Mechanicsburg
N. Campbell
Alexis Barthel
Mandi Walker
Cory Hoover
Ralston Brown
Address
605 Somerset Drive
Mechanicsburg, PA 17055
201-A South Market Street
Mechanicsburg, PA 17055
201-B South Market Street
Mechanicsburg, PA 17055
201-B South Market Street
Mechanicsburg, PA 17055
201-B South Market Street
Mechanicsburg, PA 17055
201-C South Market Street
Mechanicsburg, PA 17055
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 ication to auth rities.
Dated:
Robert D. Kodak
Kodak & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7152
Attorney I.D. No. 18041
Attorney for Plaintiff
I
PENNSYLVANIA STATE BANK
Plaintiff
vs.
RICHARD D. ALBERTSON and ANNE
M.ALBERTSON
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
: NO. 07-1539 CIVIL
TE
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Wednesday, September 5, 2007
TIME: 10:00 a, m., prevailing time
LOCATION: Cumberland County Courthouse
One Courthouse Square, Carlisle, PA 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:
Corner property known as 201 South Market Street, Borough of Mechanicsburg, County of
Cumberland.
THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within
Commonwealth and County to:
No. 07-1539 Civil Term
Court of Common Pleas, Cumberland County, PA
KODAK & IMB , P.C.
by: Robert D. Kodak
Attorney for Plaintiff
LEGAL DESCRIPTION
PREMISES KNOWN AS 201 SOUTH MARKET STREET
BOROUGH OF MECHANICSBURG
ALL THAT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County
of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at the building line on the corner of South Market Street and East Simpson
Street; thence southward along the building line of South Market Street, thirty-seven (37) feet six
(6) inches, more or less, to lot formerly of F. S. Mumma, now or formerly of George
Pondergrass; thence eastwardly eighty-seven (87) feet to lot formerly of The Estate of Isabella
Senseman, deceased, now or formerly of C. O. and Rea Sadler; thence by line of said lot
northward twenty-eight (28) feet six (6) inches to the building lines of East Simpson Street;
thence by said East Simpson Street, westward eighty-eight (88) feet six (6) inches to the point
and place of BEGINNING.
IMPROVED with a three (3) story brick dwelling or apartment building known as 201
South Market Street and a one(1) story shop or business building known as 6 East Simpson
Street, and further identified as Tax Map Number 17-23-0565-069.
BEING the same premises which Griggs F. Cook and John A. Coppens, a Pennsylvania
Partnership, and Griggs F. Cook a/k/a Griggs F. Cooke, individually, and Shirley J. Cooke, his
wife, and John A. Coppens, single, individually, and Richard R. Hensel, single, by their Deed
dated November 20, 2004, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Book 266 at Page 3660 on December 16, 2004, granted
and conveyed unto Richard D. Albertson and Anne M. Albertson, husband and wife.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 07-1539 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PENNSYLVANIA STATE BANK, Plaintiff (s)
From RICHARD D. ALBERTSON AND ANNE M. ALBERSTON
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $193,231.33 L.L. $.50
Interest FROM DATE OF JUDGMENT @ 6.7500%
Atty's Comm % Due Prothy $2.00
Atty Paid $169.15 Other Costs
Plaintiff Paid
Date: MAY 30, 2007
(Seal)
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: 407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
Attorney for: PLAINTIFF
Telephone: 717-238-7152
Supreme Court ID No. 18041
Deputy
r,cta
UW
LU-in
GO
Real Estate Sale # 46
On June 7, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Mechanicsburg Borough, Cumberland County, PA
Known and numbered as 201 South Market Street,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: June 7, 2007 By:
Real Estate Sergeant
c
10 ." J
N 1,
R?
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st
day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE #46
,V. - - . ..
Sworn to and
Notarial Sea!
Terry L Russell, Notary Public
City Of Harrisburg, Dauphin County
Commi si n Expires June 6, 2010
Lfe Fr. Pe, 3v qni? Association of Nnta?!
, , ? ?Z7 /l O
'ARY PUBLIC
A.D.
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 20, July 27, and August 3, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SW
TO AND SUBSCRIBED before me this
3 day of August, 2007
Notary
NCG iA X SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
MY Commission Expires Apr 28, 2010
SISAL WTATS SALN NO. 46
Writ No. 2007-1539 Civil
Pennsylvania State Bank
vs.
Richard D. Albertson and
Anne M. Albertson
Atty.: Robert Kodak
DESCRIPTION
PREMISES KNOWN AS 201 South
Market Street Borough of Mechan-
icsburg.
ALL THAT CERTAIN lot of ground
situate in the Borough of Mechan-
icsburg, County of Cumberland and
Commonwealth of Pennsylvania,
bounded and described as follows,
to wit:
BEGINNING at the building line
on the corner of South Market Street
and East Simpson Street; thence
aoctOward along the building line
of Swth Maricet Street, thirty-seven
(37) !feet six (6) inches, more or less,
to lot formerly of F. S. Mumma, now
or formerly of George Pondergrass;
thence eastwardly eighty-seven (87)
feet to lot formerly of The Estate of
Isabella Senseman, deceased, now
or formerly of C. O. and Rea Sadler;
thence by line of said lot northward
twenty-eight (28) feet six (6) inches
to the building lines of East Simpson
Street; thence by said East Simpson
Street, westward eighty-eight (88) feet
six (6) inches to the point and place
of BEGINNING.
IMPROVED with a three (3) story
brick dwelling or apartment building
known as 201 South Market Street
and a one (1) story shop or business
building known as 6 East Simpson
Street, and further identified as Tax
Map Number 17-23-0565-069.
BEING the same premises which
Griggs F. Cook and John A. Cop-
pens, a Pennsylvania Partnership,
and Griggs F. Cook a/k/a Griggs
F. Cooke, individually, and Shirley
J. Cooke, his wife, and John A.
Coppens, single, individually, and
Richard R. Hensel, single, by their
Deed dated November 20, 2004, and
recorded in the Office of the Recorder
of Deeds in and for Cumberland
County, Pennsylvania in Book 266
at Page 3660 on December 16, 2004,
granted and conveyed unto Richard
D. Albertson and Anne M. Albertson,
husband and wife.