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HomeMy WebLinkAbout03-3101MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants DOCKET NO. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 MANLrFACTURERS & TRADERS TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants DOCKET NO. AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las pfiginas siguientes, debe tomar acci6n dentro de viente (20) dias a partir de la fecha en que recibi6 demanda y el aviso. Usted debe presentar comparecencia esrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o p or cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDAA UN ABODAGO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff Vo DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /~)..~ -. ~ ~ o ~ COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this 30th day of June, 2003, Plaintiff Manufacturers & Traders Trust Company by its attorneys files the following Complaint in Mortgage Foreclosure: 1. Plaintiff is Manufacturers & Traders Trust Company, a New York banking corporation with offices at 1331 Twelfth Avenue, Altoona, Pennsylvania 16601. Plaintiff is successor by merger to Farmers Trust Company and also maintains offices at One West High Street, Carlisle, Pennsylvania 17013. 2. Defendants Donald E. Slike and Rose Marie Slike are adult individuals who are husband and wife residing at 100 East Lauer Lane, Camp Hill, Pennsylvania 17011 (Slikes). 3. By their Promissory Note dated September 1, 1993 in the original principal amount of One Million Nine Hundred Fifty Thousand Dollars ($1,950,000.00), Slikes are indebted to Plaintiff. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and made a part hereof (the "Note"). 4. Slikes' payment and performance of their obligations under the Note are secured by, among other things, a first lien and security interest created by a Mortgage dated September 1, 1993 between Slikes as Grantor and Plaintiff as Lender and recorded on September 1, 1993 in the Cumberland County Recorder of Deeds Office in Mortgage Book 1161, Pages 418 et. seq. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof (the "Mortgage"). 5. The real property subject to the Mortgage is located at and known as 403, 404, 406, 408, 409, 410, 411,412, 414, 424 and 500 Hillside Road in the Borough of New Cumberland, Cumberland County, Pennsylvania and is more particularly described in the Mortgage (the "Real Property"). 6. Slikes are the real owners of the Real Property. 7. Slikes failed to pay when due all real estate taxes assessed against the Real Property for 2001 and 2002. Such taxes now are delinquent. -2- 8. On May 23, 2002, Fulton Bank caused a Judgment to be entered by confession against the Slikes in the amount of Three Million Two Hundred Ninety-Six Thousand Two Hundred Fifty and 03/100 Dollars ($3,296,250.03) plus interest, attorneys' fees and other costs. Such Judgment was entered in the Office of the Prothonotary of Cumberland County and docketed at No. 02-2538 Civil Term. The Judgment was not stricken, opened or satisfied. 9. Slikes' failure to pay when due the real estate taxes assessed against the Real Property for 2001 and 2002 and the entry of the Judgment in favor of Fulton Bank constitutes default under the Note and the Mortgage. Plaintiff in good faith deems itself insecure. 10. The indebtedness evidenced by the Note and secured by the Mortgage is due and payable immediately in full. The amount of such indebtedness is $1,541,882.83, which is computed as follows: Principal Interest to 6-25- 03 Late fees to 6-25-03 Real estate taxes Attorneys' fees and expenses to 6-25-03 $1,432,917.54 46,748.93 22,397.81 30,704.43 9.114.12 Total $1,541,882.83 -3- Interest continues to accrue on such indebtedness at the rate of 1.0% per annum above Plaintiff's Base Rate after June 25, 2003. Attorneys' fees and expenses continue to accrue after June 25, 2003. 11. Plaintiff is entitled to Judgment in Mortgage Foreclosure. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment in Mortgage Foreclosure in its favor and against Slikes in the amount of $1,541,882.83 plus all costs and attorneys' fees and expenses incurred after June 25, 2003, interest after June 25, 2003 at the rate of 1.0% per annum above Plaintiff's Base Rate and all other charges and expenses provided in the Note and the Mortgage and authorizing the sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. Respectfully submitted, LloyflI R. Persun, Esquire I.D~. No. 10139 Mette, Evans & Woodside 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Exhibit A PROMISSORY NOTE Principal i Loqn D.at~e : Maturity I Loan No ~ Call Collateral i Accotmt I Pricer, initials I ..... ~l..9.50:_00_0_.00._..i._c]~.l/__q._~_ .[.09-0'~-2.__0.1._3..~ .._ ' ~_. ' ............. i...B.FH._.[ .... C_..i 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. I Borrower: Donald E. Sllke . .Rose Marie Stike ~ ~P.~. BOX 292 Camp Hill, PA 17013 Lender: Farmers Trusl Company Main Office One West High Street Carlisle, PA 17013 Principal Amount: $1,950,000.00 Date of Note: September 1, 1993 PROMISE TO PAY, Donald E. Stike and Rose Marie alike ("Borrower") promise to pay to Farmers Trust Company ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Million Nine Hundred Fifty Thousand & 00/100 Dollars ($1,950,000.00), together with Interest on the unpaid principal balance from September 1, 1993, until paid In full. The Interest rate will not increase above 11.000%. PAYMENT. Subject to any payment changes resulting from changes In the Index, Borrower will pay this loan In accordance with the following payment schedule: 12 consecutive monthly principal and Interest payments of $16,709.07 each, beginning October 1, 1993, with interest calculated on the unpaid principal balances at an interest rate of 7.500% per annum; and 228 consecutive monthly principal and Interest paymenls in the Initial amount of $15,709.07 each, beginning October 1, 1994., with Interest calculated on the unpaid principal balances at an Interest rate of 1.000 percentage points over the Index described below. Borrower's final payment will be due on September 1, 2013 and will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. Interest on this Note is computed on a 301360 simple Intarest basis; that is, with the exception pt odd days in the first payment period, monthly interest is calculated by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by a month of 30 days. Interest for the odd days is calculated on the basis of the actual days to the next full month and a 360-day year. Borrower wilt pay Lender at Lender's address shown above or at such other place as Lender may ciesignata in wdting. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection casts and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is the Farmers Trust Company Base Rate (the "Index"). The index is not necessarily the lowest rate charged by Lender on its loans and is set by Lender in its sole discretion. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after noftty[ng Borrower. Lender wilt tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well The interest rate change will not cccur more often than each year. The Index currently ta 6.500% per annum. The Interest rate or rates to be eppltsd to the unpaid prtnclpal balance of this Note will be the rate or rates set forth above in the "Payment" section. Notwithstanding any other provision of this Note, the variable Interest rate or rates provided for in this- Note Will be subject to the following maximum rate. NOTICE: Under no circumstances will the interest rate on this Note be more than Ihe lesser of 11.000% per annum or the maximum rate allowed by applicable Jaw. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will not exceed 2.000 percentage points. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: la) increase Borrower's payments to ensure Borrower's loan will pay off by its original final matudty date, lb) increase Borrower's payments to cover accruing interest, lc) increase the number of Borrower's payments, and (d) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT; MINIMUM INTEREST CHARGE. Borrower agrees that ali teen fees and other prepaid finance charges are earned fully as pt the date of the loan and wil{ eel be subject lo refund upon early payment (whether voluntary or as a result o! default), except as otherwise required by law. In any event, even upon full prepayment of this Note, Borrower understands that Lender is entitted to a minimum Inlerest charge of $10.00. Other than Borrower's obligafi0n to pay any minimum interest charge, Borrower may pay without penally all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing; refleve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower makin~g fewer paymenis. DEFAULT. Borrower will be in default if any pt the following happens: la) Borrower fa~is to make any paymeni when due. lb) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to perform promptly at the time and strictly in the manner provided in this Nolo or any agreement related to this NOts, or in any other agreement or 1pan Borrower has with Lender. lc) Borrower defautts under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor pt any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the Related Deeumenis. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleed[ng in any material respect. (e) Borrower dies or becomes insolvent, a receiver Is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or in. solvency laws. (f) Any creditor tries to take any of Borrower's property on or in which Lender has a lien er security interest. This includes a garnishment of any of Borrower's accounts with Lender. (g) Any of the events described in lhis detauit section occurs with respect to any guarantor of this Note. (h) Lender in good faith deems itself insecure. LENDER'S RIGHTS. Upon detaulI, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, wiihout notice, and then Borrower will pay that amount. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limiis under applicable law, Lender's altorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and tagal expenses for bankruptcy proceedings (including efforts to modify or vacats any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, if not prohibited by applicable law, Borrower also witl pay any court costs, in addition to all other sums provided by taw. If judgment is entered tn connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. This Note has been delivered to Lender and accepted by Lender in the Commonwealth of Penneylvania. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the Jurisdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania. This Note shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. CONFESSION OF JUDGMENT. Borrower hereby irrevocably authorizes and empowers any attorney or the Prothonotary or Clerk of any Court in the Commonwealth pt Pennsylvania, or elsewhere, to appear at any time for Borrower after a default under this Note, and with or without complaint filed, as of any term, confess or enter judgmenl against Borrower for the entire principal balance of this Note and all accrued interest, together with costs of suit, and an attorney's Commies[on of ten percent (t0%) of the unpaid principal balance and accrued interest for colisction, but in any event nol less than Five Hundred Dollars ($500); and for so doing, this Note or a copy of this Note verified by affidavil shell be suff[cienl warrant. The authority granted in this Noie to confess judgment against Borrower shall not be exhausted by any exercise of that authority, but shell conlinue Irom time to time and at all PROMISSORY NOTE (Continued) Page 2 times until payment in full of all amounts due under this Note. RIGHT OF SETOFF, Borrower grants to Lender a contractual possessory sacudty interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interesl in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts Borrower mey open in the future, excluding however ali IRA, Keogh, and trust accounts. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this No~e against any and ell such accounts. COLLATERAL. This Note is secured by, in addition to any other collateral, a Mortgage and an Assignment of All Rents dated September 1, 1993, to Lender on real property located in Cumber[and County, Commonwealth of Pennsylvania, a Modgage and an Assignment of NI Rents dated September 1, 1993, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, a Mortgage and an Assignment of All Rents dated September 1, 1993, to Lender on real property located in Franklin County, Commonwealth of Pennsylvania, and a Mortgage and an Assignment of All Rents dated September 1, 1993, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentmenl, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, end unless otherwise expressly stated in writing, no party who signs this Note, whether es maker, guarantor, accommodation maker or endorser, shall be released from liability. Ali 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 cpllatersl; or impair, fait to realize upon or pertect Lender's secudty interest in the collatere[; and take any olher action deemed necessary by Lender without the consent of or notice to anyone. All such partlas also agree Ihat Lender may modi~/this Ioe, n without the consent of or notice Io anyone other than Ihe party with whom the modification is mede. The obligations under this Note are joinl and several. If any portion of this Note is for any reason determined to be unenforceable, it wifi nol affect the enfomeability of any other provisions of this Note. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. ~"~' '~' '" =BORROWER[~'~ ........... ~'i~ ........................ ' // "~ ~'"" ';::' .................. ~ ~;~ <' Donald E. Slike Rose Marie Slike LASER PRO, ReS. U.S. Pat. & T.M. OH., Var. 3.16(: (c) 1993 CFi ProService$, Inc. All riQh ~s reserved. ~PA-D20 SLIKE2.LN C3. OVL1 Exhibit B RECORDATION REQUESTED BY: Farmer~ Trust Company One West High Street Carlisle, PA 17013 WHEN RECORDED MAIL TO: Farmers Trust Company One West High Street Carlisle, PA 17013 SEND TAX NOTICES TO: Donald E. Silks and Rose Marie Silks P.O. Box 292 Camp Hill, PA 17013 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE IS DATED SEPTEMBER 1, 1993, between Donald E. Slike and Rose Marie Slike, Husband and wife, whose address is P.O. Box 292, Camp Hill, PA 17013 (referred to below as "Grantor"); and Farmers Trust Company, whose address is One West High 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 aqywisa made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights watercourses and ditch rights (including stock in utilities wilh ditch or irrigation rights); and all other rights, royalties, snd profits relsling to the real property, including without limilstion all minerals, oil, gas, geothermal and similar matters, ocated in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"): see "Exhibit A" See Deed Book 31-T, Page The Real Property or its address is commonly known as 403,404,406,408,409,410,411,412,414,424,500 Hillside Road, New L;umberland, PA 17070. Grantor presenlly assigns to Lender all of Grantor's right, title, and interest in and to all leasee of the Property and all Rents from the Property. In addition, Granlor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage shall have the meanings atfributad to such terms in the Uniform Commercial Code. All references to dollar amounts shaft mean amounts in lawful money of the United States of America. Grantor. The word "Grantor" means Donald E. SIIke and Rose Marie Slike. The Grantor is the mortgagor under this Mortgage. Guarantor. The word "Guarantor" means and includes without limitation, each and all of the guarantors, sureties, and accommodation parties in connection with the Indeb~ednees. Improvements. The word "Improvements" means end includes without limitation all existing and future improvements, fixlures, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Properly. Indebtedness. The word "indebtedness" means sll principal and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this' Mortgage, together with intarest on such amounts as provided in this Mortgage. Lender. The word "Lender" means Farmers Trust Company, its successors and assigns. The Lender is the modgagee under this Mortgage. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, and includes wilhout limJtalion all assignments and security interest provisions relating Io the Pereenal Property and Renls. Note. The word "Note" means the promissory note or credit agreement dated September 1, 1993, in the original principal amount of $1,950,000.00 from Grantor to Lender, together with all renewals Ut, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agrsemenL NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other adictas 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, end additions and all substitutions for, any ut such property; and Iogelher with all proceeds (including withoul limitation all insurance proceeds and refund§ of premiums) from any sale or other disposRion of the Property. Property. The word "Property" means collectively the Real Properly and the Personal Property. Real Property. The words "Real Property" mean the property, interests and rights described above in the "Grant of Morlgage" section. Related Documents. The words "Related Documents" mean and include withoul limitation all promissory notes, credit agreements, loan agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future ranis, revenues, inco.m. _e.~ issues, royalties, pro~ls, and other benefits derived from the Fro erty. o 1181 4-18 THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: MORTGAGE Page 2 (Continued) PAYMENT AND PERFORMANCE. Except as olherwise provided in this Modgage, Grantor shall pay to Lender air amounts secured by this Mortgage as they become due, and shall strictly perform all of Grentor'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 end Use. Until in detautt, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintanence necessary to preserve its value. Hazardous Substances. The terms "hazardous waste." "hazardous substance," "disposal." "release," and "threatened release," as used in this Mortgage. shall have the same meanings as set Forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601. et saq. ("CERCLA"), the Superfund Amendments and Reaulhorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, el seq., the Resource Conservation end Recovery Acl, 49 U.S.C. Section 6901, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The terms "hazardous waste" and "hazardous substance" shall also include, wiihoul limitation, petroleum and pelroleum by-producta or any fraction thereof and asbestos, Grantor represents and warrants to Lender thah (e) 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 waste or substance by any person on. under, or about the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (i) any use, generation, manufacture, storage, Iraetment, disposal, release, or threatened release oF any hazardous waste or substance by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender in writing, (i) neither Grantor nor any tenant, contractor, agent or other authorized user of the Properly shall use, generate, manufacture, store, treat, dispose of, or retease any hazardous waste or substance on, under, or about the Properly and (ii) any such activity shall be conducted in compliance with ali applicable federal, state, and local laws, regulations end ordinances, including withoul limitation those laws, regulations, and ordinances described above, Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, al Grantor's expense, as Lender may deem appropriate FO determine compliance OF the Property wilh 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 liabifity on the part of Lender Io Grantor or lo any other person. The representations and warranties conlained herein are based on Grantor's due diligence in investigating Ihe Property for hazardous waste. Granlor hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the evenl Grantor becomes Itsble for cleanup or other costs under any such laws, and (b) agrees to indemnity and hold harmless Lender against any and ali ctsima, Iossas, 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 e consequence of any use, generation, manufacFura, storage, disposal, release or threatened release occurring prior 1o Grantor's ownership or interest in the Property, whether or nol the same wes or should have been known to Grantor. The provisions of this section of the Mortgage. including the obligation Io indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien 0t this Modgage and shall not be affected by Lender's acquisilion of any interest in the Property. whether by foreclosure or o~herwise. 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 Properly. Without limiting ~he generality of the Foregoing, Grantor will not remove, or grant to any other party the righ[ to remove, any timber, minerals (including oil and gas), soil, gravel or rock products wtthout the prior written consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements from Ihe Real Property without the prior written consent of Lender. As a condition to Ihe removal ct any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with improvements of at least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonaP[e times to attend to Lender's interests and to inspect the Property for purposes of Grantor's compliance wilh the terms and conditions of this Mortgage. Compllar~ce with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, oF all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Acl, Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Granlor has nolttied Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor Fo post adequate secudty or a surely bond, reasonably satisfactory to Lender, to protect Lender's inlerast. Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all olher acts, in addition to those acts set forth above in this section, which from the character and use ct the Properly ere reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at ils option, declare immediata~y due end payable all sums secured by this upon the sale or transfer, without the Lender's pdor written consent, of ail or any pad of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any righl, title or interest lherein; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, conlract for deed, leasehold interest wilh a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trusl holding lille to the Real Property, or by any other method oF conveyance of Rea[ Properly interest. [f any Grantor ts a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting slock, partnership inlerests or limited liability company interests, as the case may be, of Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Properly are a pad of this Mortgage, Payment. Grantor shall pay when due (and in all events prior 1o delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account oF the Property, and shall pay when due a~l claims for work done on or tot services rendered or matedal furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Mortgage, except for the lien of taxes and assessments not due, and except as olherwise provided in the following paragraph. Right To Contest. Grantor may wilhhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so tang as Lender's interest in the Properly is not jeopardized. If a lien adses or is filed as a result of nonpayment, Granlor shall within fifteen (15) days after the lien arises or, iF a lien is filed, within fifteen (15) days after Grantor has notice oF the Filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond Furnished in the contest proceedings. ~0~ ~. J~ ~J1. P/~CE ~ ~ Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize Ihe appropriate governmental official lo de~iver to Lender at any time a written statement of the taxes and assessments against the MORTGAGE Page 3 (Continued) Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds $5,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Properly are a pert of this Mortgage. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance wilh standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on Ihs Reel Property in an amount sufficient to avoid application of any coinsurance clause, and wilh a standard mortgagee clause in favor ct Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation thai coverage will not be cancelled or diminished without a minimum of ten (10) days' pdor written notice to Lender and not containing any disclaimer of the insurer's liabilily for failure to give such notice. Should the Real Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, to the extent such insurance is required by Lender and is or becomes available, for the term of the loan and for the full unpaid principal balance of the loan, or the maximum limit of coverage thai is avaitabta, whichever is less. Application of Proceeds, Grantor shall promptly notify Lender of any loss or damage lo the Property if /he estimated cost of repair or replacement exceeds $500.00. Lender may make proof of loss if Grantor faits to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at its election, apply the proceeds Io the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or desfroyed improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default hereunder. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used firsl to pay any amounl owing to Lender under this Mortgage, then to prepay accrued interesl, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after paymenl in full of the Indebtedness, such proceeds shall be paid to Grantor. Unexpired Insurance at Sate. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, or al any foreclosure sale of such Property. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (a) the name of the insurer; (b) the risks insured; (c) the amount of the policy; (d) the property insured, the Ihen current replacement value of such property, and the manner of determining that value; and (e) the expiration date of the policy. Granlor shall, upon request of Lender, have an independent appraiser safisfactory to Lender determine the cash value replacement cost of the Property. EXPENDITURES BY LENDER. If Grantor fails Io comply with any provision of this Mortgage, or if any action or proceeding is commenced that would materially affect Lender's interests in the Property, Lender on Grantor's behalf rosy, but shall not be required to, take any action that Lender deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance cf the Note and be apportioned among and be payable wilh any installment payments to become due during either (i) the term of any applicable insurance policy or (ii) the remaining term of Ihs Note, or (c) be treated as a balloon payment which will be due and payable at Ihs Nole's maturity. This Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating 1o ownership of the Property are a part of this Mortgage. Tille. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Prepedy in fee simple, free end clear of all liens and encumbrances other than those scl forth in Ihs Real Property description or in any title insurance policy, lille report, or fine[ title opinion issued in favor of, and accepted by, Lender in connection wifh this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be ihs nominal party in such proceeding, but Lender shall be enlitled lo participate in the proceeding and 1o be represented in ~he proceeding by counsel ct Lender's own choice, and Grenlor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws, Grantor warrants that the Property and Granior's use of the Property complies wilh all existing applicable Isws, ordinances, and regulations of governmental authorities. CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to Ihs Indebtedness or the repair or restoration cf the Property. The nel proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. Proceedings. If any proceeding in condemnalion is filed, Grantor shall promptly notify Lender in wdting, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Granlor may be the nominal pady in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel ct its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments as may be requested by it from time to time to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating lo governmental taxes, fees and charges ara a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Granlor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with ell expenses incurred in recording, perfecting or continuing this MorIg~ag[~,,~luding witho..u~t~l[n~itation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (a) e specific tax upon this type of Mortgage or upon all or any pad of the indebtedness secured by this Mortgage; (b) a specific tax on Grantor which Grantor is authorized or required fo deduct from payments on the Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and MORTGAGE Page 4 (Continued) (d) a specific tax on all or any portion cf the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. if any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default (as defined below), and Lender may exercise any or all ct its available remedies for an Event of Default as provided below unless Grantor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above in the T~xes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender, SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to Ibis Modgage as a security agreement are e part of this Mortgage. Security Agreement. This instrument shall constitute a security agreement to the extenl any of the Property constitutes fixtures or other personal property, and Lender shall have all ct the dghts ct a secured party under the Uniform Commercial Code as amended from time tO time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. in addition to recording this Modgage in the real property records, Lender may, at any time and without further authorization from Granlor, file executed counterparts, copies or reproductions of this Mortgage as a tinancing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon detault, Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender. Addressee. The malting addresses ct Grantor (debtor) end Lender (secured party), from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part el this Modgage. Further Assurances. At any time, and from time to time, upon request ct Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, fettled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such modgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order lo effecluate, complete, perfect, continue, or preserve (a) the obligations of Grantor under the Note, this Modgage, end the Related Documents, and (b) the liens and security interests created by Ibis Mortgage as first and prior liens on Ihs Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred lo in this paragraph. Allorney-ln-Fact. If Grantor fails lo do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grentor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantcr's attorney-in-fact for the purpose of making, executing, delivering, tiling, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. if Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on tile evidencing Lender's security interest in the Rents and Ihs Personal Properly. Grenlor will pay, if permilted by applicable law, any reasonable termination fee as determined by Lender from time lo time. DEFAULT, Each ct the following, at the option of Lender, shall constitute an evenl of default ("Event of Default") under this Mortgage: Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. Default on Other Payments. Failure ct Grantor within Ihs time required by this Modgage to make any payment for taxes or insurance, or any other paymenl necessary to prevent filing of or to effect discharge of any lien. Compliance Default. Failure to comply with any other term, obligation, covenant or condition conlained in this Modgage, the Nole or in any of the Related Documents. Breaches. Any warranty, representation or statement made or furnished to Lender by or ee behalf of Grantor under this Modgage, Ihs Note or the Related Documents is, or at the time made or furnished was, false in any material respecL Insolvency. The insolvency of Grantor, appointment of a receiver for any pad of Grantor's property, any assignmenl for the benefit of credilors, the commencemenl of any proceeding under any bankruptcy or insolvency laws by or against Grantor, or the dissolution or termination ct Grantor's existence as a going business (if Grantor is a business). Except to the extent prohibited by federal law or Pennsylvania law, the death of Grantor (if Grenlor is an individual) also shall constitute an Event of Default under this Modgage. Foreclosure, Forfeiture, sic, Commencement of foreclosure or forteiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any of the Property. However, this subsection shall not apply in the event ct a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefeiture proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim sstisfertcry to Lender. Breach of Other Agreement. Any breach by Granlor under the terms of any other agreement between Grantor and Lender that is riel remedied within any grace period provided therein, including withoul limitation any agreemenl concerning any indeblednsss or other obligation of Grantor lo Lender, whelher existing now or later. Events Affecting Guarantor. Any of the preceding evenls occurs with respect to any Guarantor of any of Ihs Indebtedness or such Guarantor dieserbeccmsa,ncempsten,. 42 . Insecurity. Lender in good faith deems itself insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Detault and at any lime thereafter, Lender, at its option, may exercise any one or more ct the following rights and remedies, in addition to any olher rights or remedies provided by law: Accelerate Indebtedness. Subject to applicable law, Lender shall have the right at its option withoul notice to Grantor to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personat Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the riehl, without notice to Grantor, to take possession of the Property and collect the Ranis, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. in furtherance of Ibis right, Lender MORTGAGE Page 5 (Continued) may require any tenant or other user cf the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under Ihis subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the dght 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 Ranis from the Properly 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 /he appoinlment of a r~ceiver shall exist whether or not the apparent value of the Prepedy exceeds the Indebtedness by 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 empowem any attorney 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 ac{ion 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 ct this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ ct possession may be issued forthwith, without any prior writ or proceeding whatsoever, Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by nonjudicial sale, Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the indebtedness due to Lender after application of alt amounts received from the exercise ct the rights provided in this section. Tenancy et Sutference. If Grantor remains in possession of the Property a~ter the Property is sold as provided above or Lender otherwise becomes entitled to possession of lhe Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser ct the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand ct 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 extenl permilted by applicable law, Granlor 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 ~o bid at any pubtic sale on all or any portion of the Property. Notice of Sale. Lender shall give Granlor reasonable notice ct 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 Peraonel Property is to be made. Unlees otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days betora the time of the sale or disposition. Waiver; Electtor~ of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage after failure of Grenlor to perform shall not affecl Lender's right to decJare a default and exercise its remedies under this Mortgage. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms ct lhis Mortgage, Lender sh~,ll be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees, at trial and on any appeal. Whether or not any court action is involved, all reasonable expenses incur(ed by Lender that in Lender's opinion are necessary at any time tot the protection of ils interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest from the date of expenditure Lmtil repaid at the Note rate. Expenses covered by this paragraph inctude, without timitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or noi there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts Io modify or vacate any automatic stay or injunction), appeats and any anticipated post-judgment collection services, the cost of seamhing records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, and title insurance, to the extent permiffed by applicable law. Grantor also will pay any court costs, in addition to att other sums provided by law. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be in wdting and shati be effective when actually detivered, or when deposited with a nationally recognized overnight couder, or, if mailed, shall be deemed effective when depes[ted in the United States mail first class, registered mail, postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by g!ving formal written notice to Ihe other parties, specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from the holder of any lien which has priorily over this Mortgage shall be senl to Lender's address, as shown near Ihe beginning of this Mortgage. For notice purposes, Grantor agrees to keep Lender informed at all times ct Grantor's current address. MISCELLANEOUS PROVISIONS. The fotiowing miscellaneous provisions are a part of this Modgage: 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 sha~l be effective unless given tn writing and signed by the party or parties sought to be charged or bound by the alteration or amandmenL Annual Reports. if the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement ct 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. Applicable LaN. This Mortgage has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. This Mortgage shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are ncl to be used ~o interprel or define the provisions of this Mortgage. Merger, There shall be no merger of the interest or estate created by this Modgage with any other interest or estate in lhe Property at any time held by or for the benefit ct Lender in any capacity, without the wdtten consent of Lender. Multiple Parties. All obligations of Grantor under this Mortgage shall be joint and several, end all references to Grantor shati mean each and every Grantor. This means that each of the persons signing below is responsible for all obligations in Ibis Mortgage. Severebility, If a court of cpmpetenl jurisdiction finds any provision of this Mortgage to be invalid or unenforceable as to any person or MORTGAGE Page 6 (Continued) circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified lo be within Ihs limits of enforceebilily or validity; however, if the offending provision cannel be so modified, it shall be stricken and all other provtsions of this Mortgage in all other respects shall remain valid and enfomeeble. Successors and Assigns. Subject to the limitations staled in this Mortgage on transfer of Grantors interest, this Mortgage shall be binding upon and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Modgsge and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Modgage or liability under the indebtedness. Time Is of the Essence. Time is of the essence in the pedormance of this Modgage. Waivers and Consents. Lender shall not be deemed to have waived any righls under this Mortgage (or under the Related Documents) unless such waiver is in wdtJng and signed by Lender. NO delay or omission on the pad of Lender in exercising any right shell operate as a waiver of such right or any other right. A waiver by any pady of a provision of this Modgage shall not constitute a waiver of or prejudice the pady's dght otherwise to demand stdct compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions. Whenever consent by Lender is required in this Modgage, ~he granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. EXHIBIT A. An exhibit, titled "Exhibit A," is attached to this Mortgage and by this reference is made a part of this Mortgage just as if all the provisions, terms and conditions of the Exhibit hsd been fully set fodh in this Mortgage. C; ..An e~(hibit, titled "c," is attached to this Mo, tgoge a,td by this~reference-is'~nade-a-parl-of-this-Mortgage-jusl-ea-if-all~he-pro~sions;-, terms-and eonditionc of tho Exhibi~-beer~slyset-forfl'~imfi"ds-Mortgage. C. An exhibil, titled "c," is attached to this Mo,'k3age a,~d by thi~ ,',~[~,e,,~e i~ ,r~ade ,~ wa, l ut [h;s Mu, t~a,~,~ just ,~s if ,~11 thu p, uv;=;o,~s, ferm~ a,~d conditienc of thc Exhibit hod b¢cn fully sci forth in thi3 Mortgage. G R~:.~iOR: Donald E. Silks Rose Marie Silks Signed, acknowledged and delivered In the presence of: Witness X Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Farmers Trust Company, herein is as follows: One West High Street, Carlisle, PA 17013 INDIVIDUAL ACKNOWLEDGMENT COUNTY OF ~/ ) On this day before me, the undersigned Notary Public, personally appeared Donald E. Silks and Rose Marie Slike, to me known to be the indivfduals described in and who executed the Mortgage, and acknowledged thai they signed the ~ortgage as lheir free and voluntary scl and deed, for the uses GivenSnd purposes ,herein menfioned, day of ..,,t,t,t,t,t,t,t~- /~"~'~ ,19 ~. I~y Notary My commission expires LASER PRO N O'TARIAL SEAL Cynth ~ L. Oai'r. H~tary Public South Mi4~i~ton '[ws.,Cumb~c!an~l Co~nt~' ' EXHIBIT A '. Principal I'oan Date ! Maturity i Loan No Call : Ccilate;'al Account · Of/icer Init[a]~- I ! S1.950.000.00 el- !-cf'5 ,09-01-2013; : : RFil ~ I j ...... R'~f'ere~lc'--~; i~'-t'h'~ ;ha'~e'~ s--r;; a'--;; f-or Lender';' use'o~l~,';nd do ~'~t"¥mit l~e a"-'~l'['ca"-~ility-of I--~is' c~'~r~er;i'i; a'--r;i, pa;.ti~"JI;;'i~an'-~r it;'m'. ' ..... I Borrower: Donald E. Slike Lender: Farmers Trust Company Rose Marie Slike Main Office P.O. Box 292 One West High Street Camp Hill, PA 17013 Carlisle, PA 17013 This Exhibit A Is attached to and by this reference Is made a part of each Deed of Trust or Mortgage, dated September 1, 1993, and executed In connection with a loan or other financial accommodations between Farmers Trust Company and Donald E. $11ke and Rose Marie Slike. THOSE CERTAIN tracts or parcels of land situate in the Boroug~ of New Cumberland, Cumberland County, Pennsylvagia, more partic%larly bounded and described as follows, to wit: NO. '1 - BEGINNING at a point at ~h--~ntersection of the northerly line of Fifth Street with the westerly line of Hillside Road; thence along Fifth Street in a'westerly direction one hundred thirty-five (135) feet to a point; thence along other lands of New Cumberland Homes, in a northerly.direction eight and fifteen hundredths (8.15) feet to a point; thence in an easterly direction along a line at right angles to Hillside Roadbne hundred twenty (120) feet to a point; thence in a southerly direction along Hillside Road seventy (70) feet to the place of BEGINNING. BEING part of Lot No. 14 ~on the above mentione HAVING THEREON erected a single family numbered 500-Hillside Road/ New Cumberland,~ Pennsylvania2 See attached sheet for tracts 2 and 5. )lan. known as and THIS EXHIBIT A IS EXECUTED ON SEPTEMBER 1, 1993. L Donald E. SIIke X ~ : :~< ×-:~+:<-.::::::: Rose Marie Slike LENDER: Farmef~ Trt~lt NO. 2 BEGINNING at a point at the intersection of the southerly line of Fifth Street with the easterly side of Hillside Road; thence along Hillside Road in a southerly direction seven hundred forty-two and ninety-three one-hundredths (742.93) feet to a point on the northerly line of Fourth Street; thence along Fourth Street in an easterly direction one hundred thirty-one (131) feet to a point; thence in a northerly direction along a parallel with Hillside Road six hundred seventy-five and forty-one one-hundredths (675.41) feet to a point on the southerly line of Fifth Street; thence along Fifth Street in a westerly direction one hundred forty-seven and thirty- seven one-hundredths (147.37) feet to a point, the place of BEGINNING. BEING part of Lots 19, 20, 21 and 22 on the above-mentioned Plan. EXCEPTING from said description Lots 21, 25, 24, 27, ZS, 29, 50, 31, 52, 55 and 54 of the subdivision plan of New Cumberland Homes recorded in Plan Book 41, Page 50, being known as premises 401, 405, 407, 415, 415, 417, 419, 421, 425, 425 and 427 Hillside Road respectively. HAVING THEREON ERECTED single family brick residences known as and numbered 405, 409 and 411 Hillside Road,.New. Cumberland, - 'P~nnsylvania. NO. 3 BEGINNING at a point at the intersection of the southerly line of Fifth Street with the westerly line of Hillside Read; thence in a southerly direction along Hillside Road seven'hundred sixty- eight and seven-tenth (768.7) feet to a' point on the northerly line of Fourth Street; thence along Fourth Street in a westerly direction one hundred twenty (120) feet to a point; thence along a line parallel with Hillside Road in a northerly direction eight hundred thirty and fifty-five hundredths (830.55) feet to a point on the southern line of Fifth Street; thence along Fifth Street in an easterly direction one hundred thirty-five (135) feet to a point, the place of BEGINNING. BEING PART of Lots 9, 10, 11, 12 and 13 on the above-mentioned Plan. EXCEPTING from said descriptions Lots 20, 19, 12, 11, 10, 9, 7 and 6 of the subdivision plan of New Cumberland Homes recorded in Plan Book 41, Page SO, being known as premises 400, 402, 416, 418, 420, 422, 426 and 428 Hillside Road respectively. HAVING THEREON ERECTED single family brick residences known as numbered 404, 406, 408, 410, 4L2, 414 and 4Z4 Hillside Road, N~ Cumberland, Pennsylvania. $~.~e of ~etm~y~van~, ~ i: _~Lr~.t,/Of Cumberland J VERIFICATION I, Keith P. Mangan, as an Assistant Vice President of Manufacturers & Traders Trust Company, have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that as such Assistant Vice President I am authorized to execute this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. ~angan Dated: June~f, 2003 :329351 _1 MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff VS. DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-3101 Civil TO: _Plaintiff YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU.//// ATTO~d~/Ey FO~)EFENDANTS ANSWER AND NEW MATTER TO COMPLAINT IN MORTGAGE FORECLOSURE The Answer of Donald E. Slike and Rose Marie Slike, the above named Defendants, by and through their attorneys, Cunningham & Chernicoff, P.C., to the Complaint of Manufacturers & Traders Trust Company ("M&T") in Mortgage Foreclosure is as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. The Real Property referenced in the Complaint constitutes only part of the real estate which secures the obligation. Further, certain of the parcels of real estate which secures the obligation of the Defendant Slikes to M&T have been sold. Accordingly, it is denied that all of the Real Property as set forth in the Complaint is subject to the mortgage of M&T as set forth in Paragraph 5 of the Complalm. 6. Denied as stated. As set forth above, the Slikes have sold two of the parcels of the Real Property. 7. Admitted in part and denied in part. It is admitted that 2002 real estate taxes are due and owing. It is denied that 2001 real estate taxes are due and owing. To the contrary, M&T has been collecting rents from the Real Property and from additional parcels of real estate owned by the Slikes. From such rents, the 2001 real estate taxes have been paid.. Accordingly, it is denied that the 2001 real estate taxes are delinquent. 8. Admitted. By way of further answer, such averments are irrelevant to the Mortgage Foreclosure Complaint brought by M&T. 9. The averments of Paragraph 9 of the Complaint set forth a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, such averments are denied. Further, up until the time when M&T began to collect rems from the various parcels of real estate which secured the loan granted by M&T to the Slikes, the Slikes were not then delinquent with respect to any payment obligations to M&T under the loan. In addition, the Real Property was not in jeopardy ora tax sale. To the contrary, the Slikes have in/brmed M&T that such taxes would be paid prior to any tax sale. Accordingly, the instant Mortgage Foreclosure Complaint is not necessary. 10. After reasonable investigation, the Defendants are: without information or knowledge sufficient to form a belief as to the troth of the averments of Paragraph 10 and proof thereof is requested at the trial of this matter. 11. The averments of Paragraph 11 of the Complaint state a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, such averment is denied. WHEREFORE, Donald E. Slike and Rose Marie Slike, the above named Defendants, respectfully request that the Court enter judgment in their favor, and against Manufacturers & Traders Trust Company, dismiss the Complaint with prejudice, award the Defendants their costs and attorney's fees of this action and award Defendants such other and further relief as is just and proper. NEW MATTER As their New Matter and additional pleading, the Defendants state as follows: 12. As set forth above, on January 15, 2003, M&T forwarded letters to various tenants of the Slikes requesting that such tenants forward rent payments directly to M&T and not to the Slikes. 13. The rents which are being collected are more than sufficient to pay the debt service on the loan from M&T to the Slikes as well as make payment towards real estate tax obligations on the Real Property. 14. The Slikes have not been provided with a recent accounting as to the collection of rents and the uses thereof. 15. The Slikes believe, and therefore allege, that the collection of rents by M&T has not been done as efficiently and properly as could occur and that nor all rents which are due and owing have been properly collected. 16. As set forth above, the Slikes have sold certain parcels of Real Property securing the loan granted by M&T to the Slikes. Specifically: (a) On July 25, 2003, the property located at 424 Hillside Road, Borough of New Cumberland, Cumberland County, Pennsylvania was sold resulting in the sum of $85,301.64 being paid to M&T. (b) On July 31, 2003, the property located at 809 Fifth Street, Borough of New Cumberland, Cumberland County, Pennsylvania was sold resulting in the sum of $74,553.43 being paid to M&T. 17. M&T has failed to account for the disposition of the funds which it has received. 18. All the actions of M&T have greatly harmed the collateral held by M&T and caused harm to the Slikes. 4 WHEREFORE, Donald E. Slike and Rose Marie Slike, the above named Defendants, respectfully request that the Court enter judgment in their favor, and against Manufacturers & Traders Trust Company, dismiss the Complaint with prejudice, award the Defendants their costs and attorney's fees of this action and award Defendants such other and further relief as is just and proper. Respectfully submitted, Date: CUNNINGHAM & CHERNICOFF, P.C. Robert E. C~micoff, Esquire Attorney I.IM'No. 23380 Henry W. Van Eck, Esquire Attorney I.D. No. 83087 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 sj o\docs\answers\slikeM&T 5 VERIFICATION I, Donald E. Slike, hereby verify that the statements made in the foregoing Answer to the Complaint are tree and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities Date: CERTIFICATE OF SERVICE I, Linda B. Deaven, a secretary with the law firm of Cunningham & Chemicoff, P.C., hereby certify that on ,/,~ ., 2003, a tree and correct copy of the foregoing ANSWER AND NEW MATTER TO COMPLAINT IN MORTGAGE FORECLOSURE was served by first- class mail, postage prepaid, on the following: Lloyd R. Persun, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 CUNNINGHAM & CHERNICOFF, P.C. Linda B. Deaven MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff VS. DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-3101 Civil TO: Plaintiff YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITH1N TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST ANSWER AND NEW MATTER TO COMPLAINT IN MORTGAGE FORECLOSURE The Answer of Donald E. Slike and Rose Marie Slike, the above named Defendants, by and through their attorneys, Curmingham & Chernicoff, P.C., to the Complaint of Manufacturers & Traders Trust Company ("M&T") in Mortgage Foreclosure is as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. The Real Property referenced in the Complaint constitutes only part of the real estate which secures the obligation. Further, certain of the parcels of real estate which secures the obligation of the Defendant Slikes to M&T have been sold. Accordingly, it is denied that all of the Real Property as set forth in the Complaint is subject to the mortgage of M&T as set forth in Paragraph 5 of the Complaint:. 6. Denied as stated. As set forth above, the Slikes have sold two of the parcels of the Real Property. 7. Admitted in part and denied in part. It is admitted that 2002 real estate taxes are due and owing. It is denied that 2001 real estate taxes are due and {)wing. To the contrary, M&T has been collecting rents from the Real Property and from additional parcels of real estate owned by the Slikes. From such rents, the 2001 real estate taxes have been paid. Accordingly, it is denied that the 2001 real estate taxes are delinquent. 8. Admitted. By way of further answer, such averments are irrelevant to the Mortgage Foreclosure Complaint brought by M&T. 9. The averments of Paragraph 9 of the Complaint set :forth a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, such averments are denied. Further, up until the time when M&T began to collect rents from the various parcels of real estate which secured the loan granted by M&T to the Slikes, the Slikes were not then delinquent with respect to anypayment obligations to M&T under theloan. In addition, the Real Property was not in jeopardy of a tax sale. To the contrary, the Slikes have informed M&T that such taxes would be paid prior to any tax sale. Accordingly, the instant Mortgage Foreclosure Complaint is not necessary. 2 10. After reasonable investigation, the Defendants are without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 10 and proof thereof is requested at the trial of this matter. 11. The averments of Paragraph 11 of the Complaint state a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, such averment is denied. WHEREFORE, Donald E. Slike and Rose Marie Slike, the above named Defendants, respectfully request that the Court enter judgment in their favor, and against Manufacturers & Traders Trust Company, dismiss the Complaint with prejudice, award the Defendants their costs and attorney's fees of this action and award Defendants such other arid further relief as is just and proper. N~EW MATTER As their New Matter and additional pleading, the Defendants state as follows: 12. As set forth above, on January 15, 2003, M&T forwarded letters to various tenants of the Slikes requesting that such tenants forward rent payments directly to M&T and not to the Slikes. 13. The rents which are being collected are more than sufficient to pay the debt service on the loan from M&T to the Slikes as well as make payment towards real estate tax obligations on the Real Property. 14. The Slikes have not been provided with a recent accounting as to the collection of rents and the uses thereof. 15. The Slikes believe, and therefore allege, that the collection of rents by M&T has not been done as efficiently and properly as could occur and that not all rents which are due and owing have been properly collected. 16. As set forth above, the Slikes have sold certain parcels of Real Property securing the loan granted by M&T to the Slikes. Specifically: (a) On July 25, 2003, the propertylocated at 424 Hillside Road, Borough of New Cumberland, Cumberland County, Pennsylvania was sold resulting in the sum of $85,301.64 being paid to M&T. (b) On July 31, 2003, the property located at 809 Fifth Street, Borough of New Cumberland, Cumberland County, Pennsylvania was sold resulting in the sum of $74,553.43 being paid to M&T. 17. M&T has failed to account for the disposition of the funds which it has received. 18. All the actions of M&T have greatly harmed the collateral held by M&T and caused harm to the Slikes. WHEREFORE, Donald E. Slike and Rose Marie Slike, the above named Defendants, respectfully request that the Court enter judgment in their favor, and against Manufacturers & Traders Trust Company, dismiss the Complaint with prejudice, award the Defendants their costs and attorney's fees of this action and award Defendants such other and further relief as isjust and proper. Respectfully submitted, Date:__ CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 sjo\docs~mswers\slikeM&T VERIFICATION I, Donald E. Slike, verify that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~ERTIFICATE OF SERVICE I, Linda B~4Deaven, a/secretary with the law firm ofCunningham & Chernicoff, P.C., hereby certify that on fJ, z~,.~z,~.~ ~,~ t/ ,2003, a true and correct copy of the foregoing ANSWER AND NEW MATTE~ TO COMPLAINT IN MORTGAGE FORECLOSURE was served by first- class mail, postage prepaid, on the following: Lloyd R. Persun, Esquire Mette, Evans & Woodside 3401 North From Street P. O. Box 5950 Harrisburg, PA 17110-0950 CUNNINGHAM & CHERNICOFF, P.C. Linda B. Deaven MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff VS. DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO. 03-3101 Civil PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW, this 2nd day of September, 2003, Plaintiff by its attorneys files the following Reply to the Defendants' New Matter: 12. Admitted in part and denied in part. It is admitted that, because of Defendants' defaults and after notice to Defendants, Plaintiff exercised its right under its Loan Documents with Defendants to collect the rent directly from the tenants. Plaintiff did so by notifying the tenants in writing on or about January 15, 2003 to pay their rent directly to Plaintiff. In all other respects, the allegations of this paragraph are denied. 13. Denied. The rents which were collected were not sufficient to pay the debt service and the real estate taxes assessed against the Real Property for 2001, 2002, and 2003. 14. Denied. Plaintiff provided Defendants with an accounting on March 6, 2003, again on May 2, 2003, and again on August 25, 2003. 15. Denied. Plaintiff efficiently and properly collected the rents. Certain tenants were delinquent in their payment of rent on Jannary 15, 2003 and have continued to be delinquent in the payment of their rent. 16. Admitted. 17. Denied. Plaintiff provided Defendants with an accounting on March 6, 2003, again on May 2, 2003, and again on August 25, 2003. 18. Denied. Plaintiffs actions have improved the collateral by among other things causing the real estate taxes for 2001, 2002, and 2003 to be paid. The real estate taxes for 2001 and 2002 were delinquent. By way of further answer, the allegations of this paragraph constitute conclusions of law, and, therefore, require no answer. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment in Mortgage Foreclosure in its favor and against Defendants in the amount of $1,541,882.83 plus all costs and attorneys' fees and expenses incurred after June 25, 2003, interest after June 25, 2003 at the rate of one (1%) percent per annum above Plaintiffs Base Rate, and all other charges and expenses provided in the Note and the Mortgage and authorizing the sale of the Real Property to the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. Respectfully submitted, By: Ll~j~d R. Persun, Esquire ~torney I.D. No. 10139 METTE, EVANS & WOODSIDE 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff VERIFICATION I, Keith P. Mangan, an Assistant Vice President of Manufacturers & Traders Trust Company, have read the foregoing Reply to New Matter and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that as such Assistant Vice President I am authorized to execute this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. ~ngan Dated: September 2, 2003 CERTIFICATE OF SERVICE I, Lloyd R. Persun, Esquire, hereby certify that a copy of the aforegoing Reply to New Matter was served on September 2, 2003 by United States mail, first class, postage prepaid, upon the following, addressed as follows: Date: September 2, 2003 Robert E. Chernicoff, Esquire Cunningham & Chernicoff, P.C. P. O. Box 60457 Harrisburg, PA 17106-0457 Lloy/~ R. Persun, Esquire MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff V. DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-3101 Civil STIPULATION AND NOW, this ,~//?~ofNovember, 2003, Plaintiff and Defendants by their respective attorneys hereby stipulate and agree that Judgment in Mortgage Foreclosure be entered in favor of Plaintiff and against Defendants in the amount of $1,278,566.06 plus all costs and attorneys' fees and expenses incurred after November 6, 2003, interest after November 6, 2003 at the rate of one percent (1%) per annum above Plaintiff's Base Rate and all other charges and expenses provided in the Note and Mortgage and authorizing the sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure and that the Prothonotary of Cumberland County is hereby authorized and directed to enter such Judgment in Llg~d R. Persun, Esquire I.~. No. 10139 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff Mortgage Foreclosure. Robert E. Chernicoff, Es~l~ffe I.D. No. 23380 Cunningham & Chemicoff, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Defendants 384287vl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS & TRADERS COMPANY, Plaintiff DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants : No. 03-3101 CIVIL : : Amount: $1,278,566.06 plus all costs and : and attorneys' fees and expenses incurred : after November 6, 2003, interest after : November 6, 2003 at the rate of one : percent (l%) per annum above Plaintiff's : Base Rate and all other charges and expenses : provided in the Note and Mortgage : (To be completed by Prothonotary) : Plaintiff : Attorney : Sheriff : This Writ PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in this case. DATE: March 8, 2004 Name: LIo~dTRF: Pgersun, Esquire Address: ME,YTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17l 10-0950 Attorney for: Plaintiff Telephone: (717) 232-5000 Supreme Court ID No.: 10139 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest, attorneys' fees and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary By: Deputy 391939vl WR/T OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3101 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS COMPANY, Plaintiff (s) From DONALD E. SLIKE AND ROSE MARIE SLIKE, HUSBAND AND WIFE (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 prnperty 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. AmountDue $1,278,566.06 L.L. $.50 Interest AFTER 11/6/03 AT THE RATE OF ONE PERCENT(l%) PER ANNUM ABOVE PLAINTIFF'S BASE RAE AND ALL OTHER CHARGES AND EXPENSES PROVIDED IN THE NOTE AND MORTGAGE Atty's Corem % Atty Paid $82.00 EXPENSES INCURRED AFTER 11/6/03 Plaintiff Paid Date: MARCH 9, 2004 (Seal) REQUESTING PARTY: Name LLOYD R, PERSUN, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 N. FRONT STREET P.O.BOX 5950 HARRISBURG, PA 17110-0950 A~orney for: PLAINTIFF Telephone: 717-232-5000 Supreme Court ID No. 10139 Due Prothy $1.00 Other Costs ATTORNEY'S FEES AND CURTIS R. LONG Prothonotary Deputy MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : :DOCKET NO. 03-3101 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me, the undersigned, Keith P. Mangan, who, being duly sworn according to law, deposes and says that he is an Assistant Vice President of Plaintiff and that according to the best of his knowledge, information and belief, the Defendant listed below are not in the United States Military Service. Donald E, Slike P.O. Box 292 Camp Hill, PA 17011 Rose Marie Slike P.O. Box 292 Camp Hill, PA 17011 Donald E. Slike 100 East Lauer Lane Camp Hill, PA 17011 Rose Marie Slike 100 East Lauer Lane Camp Hill, PA 17011 Kg~f~g,~an, Assistant Vice President Manufacturers & Traders Trust Company Plaintiff Sworn to and subscribed before me this ~'~day of M~, 2004. Notary Pfiblic My Commission Expires: ;OMMONWEALI ~H OF PENNSYLVANIA 391951vl Notaaal Seal Me, isa M. buCas, Notary Public Susquehanna Twp., Dauph~ County My Commission Expires Oct, 13, 2007 MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : DOCKET NO. 03-3101 CIVIL AFFIDAVIT OF DEFENDANTS' LAST KNOWN ADDRESS Personally appeared before me, the undersigned, Keith P. Mangan, who, being duly sworn according to law, deposes and says that he is an Assistant Vice President of Plaintiffand that according to the best of his knowledge, information and belief, the last known address employed by the Defendants is: Donald E. Slike and Rose Marie Slike P.O. Box 292 Camp Hill, PA 17011 Donald E. Slike and Rose Marie Slike 100 East Lauer Lane Camp Hill, PA 17011 K '~~g~,~Assistant Vice President Manufacturers & Traders Trust Company Plaintiff Sworn to and subscribed before me this $*~ day of March, 2004. Notary Pubbc My Commission Expires: 391956vl COMMONWEALTH OF PENNSYLVANII Notarial Seal Melisa M. Lucas, Notary PulY, ic Susquehanna Twp., Dauphin County My Ccxllmissino Exp~es Oct 13,2007 NMem~/rAPennsylvania Association Of Notaries PuUic MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff DONALD E. SLIKE AND ROSE MARIE SLIKE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 03-3101 CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers & Traders Trust Company, Plaintiff, sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed, the following information concerning the real properties located at 403,404, 406, 409, 410, 411, 412 and 414 Hillside Road, Borough of New Cumberland, Cumberland County, Pennsylvania (Parcel Nos. 25-25-0008-025; 25-25-008-048; 25-25-0008-047; 25-25-0008-022; 25-25-0008-045; 25-25-0008-021; 25-25-0008-044; 25-25-0008-043), as more particularly described on Exhibit "A" attached hereto: Name and address of owners or reputed owners: Donald E. Slike and Rose Marie Slike P.O. Box 292 Camp Hill, PA 17011 Donald E. Slike and Rose Marie Slike 100 East Lauer Lane Camp Hill, PA 17011 Name and address of Defendant in the judgment: Donald E. Slike and Rose Marie Slike P.O. Box 292 Camp Hill, PA 17011 Donald E. Slike and Rose Marie Slike 100 East Lauer Lane Camp Hill, PA 17011 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Fulton Bank, Successor by Merger to Lebanon Valley National Bank One Penn Square Lancaster, PA 17602 The name and address of the last recorded holder of every mortgage of record: Farmers Trust Company now by merger Manufacturers & Traders Trust Company 1331 12th Avenue Altoona, PA 16601 The name and address of every other person who has any record lien on the property: None found The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None found The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: None ~und -2- I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that fa]se statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Plaintiff Date: March ~ , 2004 392899vi EXHIBIT "A" ALL THOSE certain tracts or parcels of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: NO. 1- BEGINNING at a point at the intersection of the southerly line of Fifth Street with the easterly side of Hillside Road; thence along Hillside Road in a southerly direction seven hundred forty-two and ninety-three one-hundredths (742.93) feet to a point on the northerly line of Fourth Street; thence along Fourth Street in an easterly direction one hundred thirty-one (131) feet to a point; thence in a northerly direction along a parallel with Hillside Road six hundred seventy-five and forty-one hundredths (675.4 I) feet to a point on the southerly line of Fifth Street; thence along Fifth Street in a westerly direction one hundred forty-seven and thirty-seven one hundredths (147.37) feet to a point; the place of BEGINNING. BEING part of Lots 19, 20, 21 and 22 on Plan No. 2 of Rosemont, which is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 96. HAVING THEREON ERECTED single family brick residences known as and numbered 403, 409 and 411 Hillside Road, New Cumberland, Pennsylvania. EXCEPTING from the said description Lots 21, 23, 24, 27, 28, 29, 30, 31, 32, 33 and 34 of the subdivision plan of New Cumberland Homes recorded in Plan Book 41, Page 50, being known and numbered as premises 401,405, 407, 413, 415, 417, 419, 421,423,425 and 427 Hillside Road respectively. NO.2- BEGINNING at a point at the intersection of the southerly line of Fifth Street with the westerly line of Hillside Road; thence in a southerly direction along Hillside Road seven hundred sixty-eight and seven-tenth (768.7) feet to a point on the northerly line of Fourth Street; thence along Fourth Street in a westerly direction one hundred twenty (120) feet to a point; thence along a line parallel with Hillside Road in a northerly direction eight hundred thirty and fifty-five hundredths (830.55) feet to a point on the southern line of Fifth Street; thence along Fifth Street in an easterly direction one hundred thirty-five (135) feet to a point, the place of BEGINNING. BEING part of Lots 9, 10, I 1, 12 and 13 on the Plan. No. 2 of Rosemont, which is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 96. HAVING THEREON ERECTED single family brick residences known as and numbered 404, 406, 408, 410, 412, 414 and 424 Hillside Road, New Cumberland, Peunsylvania. EXCEPTING AND EXCLUDING, however, residences known as and numbered 408 and 424 Hillside Road, New Cumberland, Pennsylvania. EXCEPTING ALSO from said description Lots 20, 19, 12, 11, 10, 9, 7 and 6 of the subdivision plan of New Cumberland Homes recorded in Plan Book 41, Page 50, being known as premises 400, 402, 416, 418, 420, 422, 426 and 428 Hillside Road respectively. 392890vl MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff DONALD E. SLIKE and ROSE MARIE SLIKE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 03-3101 CIVIL NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That a Sheriff's Sale of Real Property (Real Estate) will be held in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013 on June 9, 2004 at 10:00 a.m., prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and other improvements erected on the land. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A".) THE LOCATIONS of the properties to be sold are: 403, 404, 406, 409, 410, 411, 412 and 414 Hillside Road, Borough of New Cumberland, Cumberland County, Pennsylvania Parcel Nos. 25-25-0008-025; 25-25-008-048; 25-25-0008-047; 25-25-0008-022; 25-25-0008-045; 25-25-0008-021; 25-25-0008-044; 25-25-0008-043 THE JUDGMENT under or pursuant to which the property is being sold is docketed to: Docket No. 03-3101 Civil THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THESE PROPERTIES ARE: Donald E. Slike and Rose Marie Slike SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, One Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Comberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sherifffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B". SHERIFF OF CUMBERLAND COUNTY 392869vl EXH~IT"A" ALL THOSE certain tracts or parcels of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: NO. 1- BEGINNING at a point at the intersection of the southerly line of Fifth Street with the easterly side of Hillside Road; thence along Hillside Road in a southerly direction seven hundred forty-two and ninety-three one-hundredths (742.93) feet to a point on the northerly line of Fourth Street; thence along Fourth Street in an easterly direction one hundred thirty-one (131) feet to a point; thence in a northerly direction along a parallel with Hillside Road six hundred seventy-five and forty-one hundredths (675.41) feet to a point on the southerly line of Fifth Street; thence along Fifth Street in a westerly direction one hundred forty-seven and thirty-seven one hundredths (147.37) feet to a point; the place of BEGINNING. BEING part of Lots 19, 20, 21 and 22 on Plan No. 2 of Rosemont, which is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 96. HAVING THEREON ERECTED single family brick residences known as and numbered 403, 409 and 411 Hillside Road, New Cumberland, Pennsylvania. EXCEPTING from the said description Lots 21, 23, 24, 27, 28, 29, 30, 31, 32, 33 and 34 of the subdivision plan of New Cumberland Homes recorded in Plan Book 41, Page 50, being known and numbered as premises 401,405,407, 413,415, 417, 419, 421,423,425 and 427 Hillside Road respectively. NO.2- BEGINNING at a point at the intersection of the southerly line of Fifth Street with the westerly line of Hillside Road; thence in a southerly direction along Hillside Road seven hundred sixty-eight and seven-tenth (768.7) feet to a point on the northerly line of Fourth Street; thence along Fourth Street in a westerly direction one hundred twenty (120) feet to a point; thence along a line parallel with Hillside Road in a northerly direction eight hundred thirty and fifty-five hundredths (830.55) feet to a point on the southern line of Fifth Street; thence along Fifth Street in an easterly direction one hundred thirty-five (135) feet to a point, the place of BEGINNING. BEING part of Lots 9, 10, 11, 12 and 13 on the Plan. No. 2 of Rosemont, which is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 96. HAVING THEREON ERECTED single family brick residences known as and numbered 404, 406, 408,410, 412, 414 and 424 Hillside Road, New Cumberland, Pennsylvania. EXCEPTING AND EXCLUDING, however, residences known as and numbered 408 and 424 Hillside Road, New Cumberland, Pennsylvania. EXCEPTING ALSO from said description Lots 20, 19, 12, 11, 10, 9, 7 and 6 of the subdivision plan of New Cumberland Homes recorded in Plan Book 41, Page 50, being known as premises 400, 402, 416, 418, 420, 422, 426 and 428 Hillside Road respectively. 392890vl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS & TRADERS COMPANY, Plaintiff DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants :No. 03-3101 CIVIL : Amount: $1,278,566.06 plus all costs and : and attorneys' fees and expenses incurred : after November 6, 2003, interest after : November 6, 2003 at the rate of one : percent (1%) per annum above Plaintiff's : Base Rate and all other charges and expenses : provided in the Note and Mortgage : (To be completed by Prothonotary) : Plaintiff : Attorney : Sheriff : This Writ PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in this case. DATE: March 8, 2004 Si gnature: ~' ~,, '~'z / Name: Lloy~l P~ Persun, Esquire Address: METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for: Plaintiff Telephone: (717) 232-5000 Supreme Court ID No.: 10139 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy tile judgment, interest, attorneys' fees and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: 391939vl Prothonotary By: Deputy F~ItIBIT MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff DONALD E. SLIKE and ROSE MARIE SLIKE, husband and wife, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO~ 03-3101 Civil Term PRAECIPE TO THE PROTHONOTARY: Please mark the Judgment in Mortgage Foreclosure satisfied. L]oy~/R. Persun, Esquire I.D/No. 10139 M!tte, Evans & Woodside 3401 North Front Street P.O. Box 59:50 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Date: September 7, 2004 401904vl