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HomeMy WebLinkAbout99-04680s ,t= •? .._. ?.. SHERIFF'S RETURN - OUT OF COUNTY AMENDED CASE NO: 1999-04680 P CIStdMOAEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BURLINGTON CAPITAL CORP ETC VS. JONAS WERNER F ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: JONAS WERNER F but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania. to serve the within COMPLAINT - MORT FORE On August 31st 1999 , this office was in receipt of the attached return from ALLEGHENY County, Pennsylvania. Sheriff's Costs: So answerso Docketing 18.00 Out of County 9.00 Surcharqe 8.00 omas ine, S er-!/ - DEP. ALLEGHENY CO 32.50 ALLEG. CO NOTARY 3.00 7 $/U.50 BASKI 19L ISAWITZ, HELLER 0 98 Sworn and subscribed to before, me this 31.,g.r day of 19_g_g A. D. ?/ ro ono r ... _r -?- -'.- I- I . In The Court of Common Pleas of Cumberland County, Pennsylvania Burlington Capital Corporation, assignee of Corestates Bank \,C it 1? 4X 1V0W, 0/lb/99 , 19l, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. / Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a copy of the and made known to SH F OF ALLEGHENY COUNTY answers, ;qY E. LON ....,,,r F . c 00 RTMENT '0 It ?., ,a i "???yl?•Ye 3b,? j y Sheriff of County, PA COSTS Sworn and subscribed beforeAUG 2 3 1999 SERVICE. me this _ day of , 19_? ,r R. 0 ©I?., ?.n J pcru?run nr.AFf? $ ?;Ua $ 3?5? SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-04680 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BURLINGTON CAPITAL CORP ETC VS. JONAS WERNER F ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: JONAS WERNER F but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named defendant JONAS WERNER F ATTORNEY REQUESTED PAPERS BE SENT TO ALLEGHENY CO, CHANGED INSTRUCTIONS TO SERVE IN CUMBERLAND CO, PAPER EXPIRED BEFORE SERVICE COULD BE EFFECTUATED. Sheriff's Costs: So answe Docketing .00 Service 8.68 Not Found Return 5.00 Surcharge .00 I] omas one, eri $T3-69 0BASKI 9/07N1999ISAWITZ, HELLER Sworn and subscribed to before me this day of 19 A.D. Prothonotary BURLINGTON CAPITAL CORPORATION, ASSIGNEE OF CORESTATES BANK, N.A., SUCCESSOR: BY MERGER TO MERIDIAN BANK, PLAINTIFF IN T'l1E COURT 01' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AC'T'ION - LAW NO. 91 y? f? ?lr?( VS. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS MORTGAGE FORrCLOSURI1` 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 defense or objections to the claims set firth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER -1.0 YOUR LAWYER ATONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOTAFFORD ONE, 001'0 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WI IIiRF YOII CAN Gl."I' LEGAL I IELP. CUM131 BLAND COUNTY BAR ASSOCIATION 2 1.113ERT'Y AVENUE CARLISLE-, PENNSYLVANIA, 17013 'I'FLF111TONE: (717) 249-3155 1'11.114IONE: (800)-990-9108 TRUE COPY FROM RECORD In Tostimony whereof, 1 hereunto set my hand and the lwl of said Coo at farUsie, Pa. This-G-.__day of ; 13179 Prothonotary BURLINGTON CAPITAL CORPORATION, ASSIGNEE OF CORESTATES BANK, N.A., SUCCESSOR: BY MERGER TO MERIDIAN BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9q- 41io 8 b C4,?a -7'"-- vs. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS MORTGAGE FORECLOSURE Plaintiff is Burlington Capital Corporation, a corporation organized under the laws of the State of Delaware, authorized to do business in the Commonwealth of Pennsylvania, with a place of business located at 713 South 22nd Street, Harrisburg, Pennsylvania, 17111. 2. Defendant is Werner F. Jonas, an adult individual, with a residence at 5141 Kylock Road, Ten Fair Oaks, Upper Allen Township, Cumberland County, Pennsylvania. 3. Defendant is the owner of real property located at 5141 Kylock Road, Ten Fair Oaks, Upper Allen Township, Cumberland County, Pennsylvania. 4. On November 6, 1989, Dutch Masters Meats, Inc., and the Defendant (collectively, the "Obligors") executed and delivered to Meridian Bank (the "Bank") a promissory note in the original principal amount of $1,000,000.00 (the "First Term Loan Note"). The principal balance and accrued interest on the First Term Loan Note as of April 1, 1997, was $275,313.75. Interest has accrued and continues to accrue at the contract rates set forth in the First Term Loan Note. In addition, under the terms of the First Tenn Loan Note, the Obligors are obligated to the Bank for all costs, expenses and attorney's fees incurred by the Bank. 5. On November 6, 1989, the Defendant executed and delivered to the Bank a promissory note in the original principal amount of $360,000.00 (the "Second Term Loan Note"). The principal balance and accrued interest on the Second Term Loan Note as of April 1, 1997, was $364,108.11. Interest has accrued and continues to accrue at tlae contract rate set forth in the Second Tenn Loan Note. In addition, under the terms of the Second Term Loan Note, the Surety is obligated to the Bank for all costs, expenses and attorney's fees incurred by the Bank. 6. On November 6, 1989, Dutch Masters Meats, Inc., executed and delivered to the Bank a promissory note in the original principal amount of $200,000.00 (the "Line of Credit Note"). The principal balance and accrued interest on the Lille of Credit Note, as of April 1, 1997, was $222,502.35. Interest at the contract rate set forth in the line of Credit Note has accrued and continues to accrue. In addition, under the terms of the Line of Credil Note, the Borrower is obligated to the Bank for all accrued late charges, costs, expenses and attorney's fees. 7. To secure the obligations described above, Defendant, on or about November 6, 1989 executed a Mortgage in flavor ol'Meridiam bank in the amount of One Million Dollars ($1,000,000.00), which Mortgage is recorded in the Oflice of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 958, as Page 325, and recorded on November 8, 1989. A full and complete description of the property subject to said Mortgage is attached hereto and marked Exhibit "A." 8. On or about April 1, 1997 C'oreslates Bank, N.A., successor to Meridian Bank entered into an Assignment Agreement with Dutch Masters Meats, Inc., Burlington Capital Corp. and Werner F. Jonas and Pamela K. Jonas wherein Corestates Bank, N.A., successor to Meridian Bank, assigned and transferred its rights, title and interest in the Mortgage to Plaintiff. Attached hereto, marked as Exhibit "B" is it true and correct copy of the Assignment Agreement. 9. On or around April 16, 1997, the Bank received payment of $388,705.00 and applied such payment against the outstanding loans. 10. The Mortgage is in default by reason of the Defendant's failure to pay the remaining balances due and owing under the First Term Note, the Second Term Note and the Line of Credit Note. 11. The amounts now due and payable are as follows: a. First Term Note $ 151,316.76 b. Second Term Note 200,074.60 C. Line of Credit Note 121,827.24 d. Attorney's fees and costs 23.660.96 Total $ 496,880.17 12. Notices pursuant to Act 6 of 1974, 41 P.S. Section 403 and Act 91, are not required in that the Mortgage being foreclosed upon is not a residential mortgage as defined in said Acts. WHEREFORE, Plaintiff, Burlington Capital Corporation, Assignee of Corestates Bank, N.A., successor by merger to Meridian Bank, demands judgment in the sum of $496,880.17, plus costs and for foreclosure and sale of the mortgaged premises. Respectfully submitted, BA\SKIN/, LEISAWITZ, HELLER & ABRAMOWITCH DATED: ?s 4 , 1999 ?? ?/ L \ 2 Charles J. Phillips, Esquire ?- Attorney I.D. No. 39260 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 Telephone: (610) 372-8427 Attorney for Plaintiff BASKIN, LEISAWITI? 7CL:215-378-1568 Jul 15 99 10:45 N0.001 P.Ou Vf:R1P1CA1'1L 1. Leo Nloom, President of Rurlingtun Capital Corporation, state and aver that 1 am authorized by the Corporation to sign this Verification and that the facts set forth in the lbregoing Complaint in Mortgage foreclosure are based on information furnished to counsel, which information has been gathered by counsel in the course ol'this luwsuit. 111c lunguargc of the Complaint in Mortgage Foreclosure is that n1'cowtsel and not of the undersignei. The undersigned verify that they have read the attached Complaint in Mortgage foreclosure, and that it is uuc and correct to the best of their information and belief! To the extent shut the language of the Complaint in Mortgage Foreclosure is that of counsel, the undersigned have tufted ulxm counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities. DATED: N? 0,`, t Y 1999 I311R -1 Ci I'UN CAPITAL CORPORATION By: Lco R nom President IFC'D JUL 19 iggq EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Kylock Road at the dividing line between Lots Nos. 91 and 92 on the hereinafter mentioned plan of lots; thence along said dividing line South fifteen degrees forty minutes forty-nine seconds West a distance of two hundred nine and ninety-one one-hundredths feet to the right-of-way of the Pennsylvania Turnpike; thence along said Turnpike right-of-way South seventy-five degrees eighteen minutes West a distance of thirty-three and fifty-nine one-hundredths feet to a point; thence North forty-one degrees thirty- nine minutes West, a distance of one hundred sixty-six and forty-eight one-hundredths feet to the dividing line between Lots Nos. 92 and 93 on the hereinafter mentioned plan; thence along said dividing line North forty-two degrees nineteen minutes twenty-one seconds East a distance of one hundred seventy-seven and nine one-hundredths feet to the southern side of Kylock Road; thence along the southern side of Kylock Road along a curve to the left having a radius of two hundred feet, an arc distance of ninety-three feet to the dividing line between Lots Nos. 91 and 92 on the hereinafter mentioned plan, at the point or place of BEGINNING. BEING Lot No. 92 on Plan No. Ten of Fair Oaks as recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 39. HAVING thereon erected a two story aluminum dwelling house known and numbered as 5141 Kylock Road. BEING the same premises which Michael J. Bavilacqua, et ux, by their deed dated January 31, 1976 and recorded in the Recorder of Deeds Office of Cumberland County in Deed Book "[.", Volume 26, Page 220, granted and conveyed unto Warner F. Jonas and Pamela K. Jonas, his wife, the Grantors herein. UNDER AND SUBJECT to certain restrictions and conditions of record. EXHIBIT `B" .• ASSIGNMENT AGREEMENT I This AGREEMENT :jade this =t day of ? 1397, between and among CoreStates Bank, N.A., successor by merger :o Meridian Bank (hereinafter referred to as the "Bank") and :;u::n Masters :teats, Inc. (hereinafter referred to as (the "Borrower") and Burlington Capital Corp. (hereinafter referred to-as "Buyer") and Werner F. Jonas and Pamela K. Jonas (hereinafter collectively referred to as "Surety"). RECITALS AND BACKGROUND WHEREAS, Borrower is a business corporation which obtained certain financial accommodations from the Bank. In conjunction therewith, the Borrower became indebted to the Bank under certain :ormitmen= '_e':=ers, business loan. agreement and pror.._sscry notes described herein. As security for the obligations represented by the notes, the Borrower executed certain security agreements in favor of the Bank granting the Bank a security interest in personal property as more fully set forth herein. The notes, security agreements, commitment letters, business loan agreements and all other instruments or documents executed by Borrower and delivered to the Bank including those which are listed on Exhibit A attached hereto, are, sometimes referred to collectively herein as the "Loan Documents". WHEREAS on November 6, 1969, the Borrower and the Surety (collectively, the "Obligors") executed and delivered to the Bank a promissory note in the original principal amount of $1,000,000.00 (the "First Term Loan Note"). The principal balance on the First Term Loan Note as of February 24, 1997 was $269,027.51. Interest 1 _ :OS7sa.: has accrued and continues to accrue at the contract rates set ;or:% in the First Term Loan ;tote. In addition, under the terms of :ne :first Term Loan Note, the Obligors are obligated to the Bank •-r all costs, expenses and attorney's fees incurred by the Bank. :WHEREAS on November 6, 1989, the Surety executed and delivered to the Bank a promissory note in the original principal amount of $360,000.00 (the "Second Term Loan Note"). The principal balance on the Second Term Loan Note as of February 24, 1997, was $333,666.81. Interest has accrued and continues to accrue at the contract rate set forth in the Second Term Loan Note. In addition, under the terms of the Second Term Loan Note, the surety is obligated to the Bank for all costs, expenses and attorney's fees incurred by the Bank. WHEREAS on November 6, 1989, the Borrower executed and delivered to the Bank a promissory note in the original principal amount of $200,000.00 (the "Line of Credit Note"). The principal balance on the Line of Credit Note, as of February 24, 1997 was $199,962.12. Interest at the contract rate set forth in the Line of Credit Note has accrued and continues to accrue. In addition, under the terms of the Line of Credit Note, the Borrower is obligated to the Bank for all accrued late charges, costs, expenses and attorney's fees. WHEREAS, the Obligor's obligations under the Term Loan Note, Line of Credit Note, the Second Term Loan Note, and under this Agreement are collectively referred to as the "Obligations". WHEREAS, the Surety, in addition to signing the Second Term Loan Note as Obligor, has collectively, jointly and severally guarantied, as surety, full payment to the Bank of the Obligations 2 _ 105764.: including, without limitation the First Term Loan dote and :.Lne Credit Note. WHEREAS, the Surety as collateral for their --bligatLons :nder the second Term Loan Note as Obligor and under the First Term Lzan Note and Line of Credit Note as Surety, executed and delivered to the Bank certain mortgages on real estate owned by the Surety. Cne parcel real estate subject to the mortgage is located at 5141 Kylock Road, Cumberland County, Pennsylvania (the "Jonas Real Estate"). This mortgage is recorded to Record Book Vol. 958, Page 325, Cumberland County Records, (the "Jonas Mortgage"). The second parcel of real estate is located at 713 South 22nd Street, Harrisburg, Dauphin County, Pennsylvania (the "Plant Real Estate"). These two mortgages are recorded to Record Book 1347, Page 1, and Record Book 1347, Page 30 (the "Plant Mortgage"). WHEREAS, the Borrower is currently a Debtor in a proceeding under chapter 11 of the United States Bankruptcy Code to No. L-95- 00588, pending before the United States Bankruptcy Court for the Middle District of Pennsylvania (the "Corporate Bankruptcy Case"). The Buyer has executed and delivered with the Trustee in the Corporate Bankruptcy Case an Asset Purchase Agreement whereby the Buyer will purchase certain assets of the Borrower. In addition, Werner Jonas has filed a Petition for Relief under chapter L3 of the Bankruptcy Code to No. 96-02736 RJW-L pending before the United States Bankruptcy Court for the Middle District of Pennsylvania (the "Individual Bankruptcy Case"). The Buyer has executed and delivered to the Trustee in the Corporate Bankruptcy Case a Real Estate Purchase Agreement whereby the Buyer will purchase real estate at 713 South 22nd Street, Harrisburg, Pennsylvania, the 3 - :05364.= premises owned by Werner Jonas out of which the Borrower =cera•.es its business and which Werner Jonas has granted a power of attzrney to 'rustee to sell as more specifically described in the ?.ea. Estate Purchase Agreement (the "Plant Real Estate"). These agreements are referred to herein, collectively, as the "Bankruptcy Acquisition Agreements". WHEREAS, the Bank will receive certain of the proceeds paid by Buyer under the Bankruptcy Acquisition Agreements on account of secured claims due the Bank and which will reduce the amount d,-,e the Bank under the Loan Documents. WHEREAS, as an additional condition of the acquisition under the Bankruptcy Acquisition Agreements, the Buyer will acquire from the Bank after payment to the Bank on account of its secured claims under the Corporate Bankruptcy Case and the Bank will sell to Buyer without recourse all of the Bank's right, title and interest in the Loan Documents by assignment from the Bank. WHEREAS, the Surety consents to the foregoing assignment, as more fully set forth herein. WHEREAS, the Borrower and the Surety have entered into this in an Agreement as an inducement to the Bank to assign the collateral interests described herein but without any agreement on the part of the Ban)C to do so except as specifically set forth in this Agreement. THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the Bank, Borrower, Surety and Buyer agree: 1. 3ncorooratioi of Background. The Background set forth above is incorporated by reference as is fully set forth herein. 4 - 105]64.: 2. acknowledgments - 101:LLU tions to Bank. ;he Borrower and Surety hereby acknowledge and agree as follows: (a) ?r?rrowledgmenc of ^ebt. The Borrower and Surety hereby acknowledge the Obligations to the Bank, as more f•.r11y and completely set forth herein, and hereby agree that the Obligat:cns due under the notes described in the Background of this Agreement are in default and immediately due and owing. Demand and notice of demand are hereby waived. The Borrower and Surety hereby agree that the obligations of the Borrower to the Bank are not subject to any setoff, recoupment or counterclaim, nor is the Bank subject to any affirmative claim by Borrower or Surety for injunctive relief or monetary damages. This Agreement has been negotiated in good faith and Borrower and Surety have had the opportunity to have been advised by independent counsel, of their selection, of the import of this Agreement. (b) Ratification of Loan Documents. The Loan Documents and the liens and security interests granted thereby have been in full force and effect since the date of their execution and shall remain in full force and effect. (c) Relationship with Bank and Borrower. The Borrower and Surety acknowledge and agree that the relationship between the Borrower and Surety and the Bank is one of lender and borrower only and that the Bank is not an insider, in any fashion in the affairs of the Borrower or the Surety, nor is the Bank considered or deemed to be a partner or joint venturer in any of the affairs of the Borrower or Surety. 3. Assignment. Subject to the conditions and provisions contained in this Agreement, and upon full payment by Buyer of - 5 - 1:5364.. Sao,ooo.oo (the "Assignment Proceeds") in the manner ,rtv..ed herein, the Bank hereby sets over, assigns and transfer Its ri;nt, title and interest in the Loan Documents and all related documents and all monies due or to become due unto the Buyer and :ts successors or assigns. Upon payment of the Assignment of Prcceeds by the Buyer and upon closing under the Bankruptcy Acquisition Agreements, the Bank will deliver to Buyer the original :onas Mortgages, Plant Mortgages and the originals of all other Loan Documents, and execute and deliver assignment of mortgage forms for recordation with the appropriate Recorder of Deeds and L'CC-7 Assignments as requested by Buyer. The Buyer shall pay to the Bank the Assignment Proceeds simultaneously with the execution hereof. 4. Bank Deliveries. At Closing, Bank shall deliver to Buyer: (a) Such documents, instruments, pleadings and agreements which may be required to transfer to Buyer all of Bank's right, title and interest in the Loan Documents; (b) A Bill of Sale in form and substance reasonably satisfactory, which shall be executed by an authorized officer of Bank; (c) The originals of the Loan Documents; (d) without limiting the generality of the immediately preceding subparagraph, the original Note(s), endorsed by allonge or other endorsement separate from instrument reasonably satisfactory to Buyer; (e) Assignments of Mortgage, executed by an authorized officer of Bank; - 6 - :;5754.: (f) UCC-7 Assignments naming Buyer as the assi3r.ee of Bank's security interest perfected by the filing of ucc-1 financ:-q statements, as continued from time to time. 5. Defenses. Buyer, by acceptance of the assignment of :he Loan Documents does so with the agreement and understanding and that it is made under and subject to any and all such claims or defenses which the Borrower and Surety had, now has, or in :he future may have, as to the substantive and procedural matters in connection with the execution and delivery of the Loan Documents obtaining of the security interest in the collateral, The Borrower and surety, by their consent to this Agreement, and by execution hereof, waive any and all such claims and defenses. 6, AcknowLedcrmen- ?r Buyer and Obligors - Terms of Assignment. Buyer and the Obligors individually and independently acknowledge the following: (a) They are familiar with the documents contained and described herein, the circumstances surrounding their execution, and other action taken by the Obligors in connection with the execution of the Loan Documents; (b) The Bank makes no representations or warranties other than as described herein. 7. No Recourse. This Assignment is given without recourse. In the event Buyer is unable to collect any sum whatsoever from the Borrower and Surety, Buyer shall have no recourse against or right to indemnification or contribution from the Bank, except as a result of a breach of any representation, warranty or covenant of Bank set forth herein. - 7 - ::5764.: 3. Acknowledcurents of Borr-wer nd Sur ti. :? 3ddi_._n :c the acknowledgments given above, the Borrower and Surety, `ur^her i _ acknowledge the Eollowing: (a) The Bank is a secured creditor and the holder cf a valid, enforceable lien on the Jonas Real Estate and the Plant Real Estate; (b) The obligations under the Line of credit Nate, :erg Loan Notes, and the other Loan Documents are valid and enforceable and not subject to any defenses, setoffs or counterclaims. (c) That Borrower and Surety consent to this Assignment and all terms and conditions hereof in all respects; (d) That this transaction is duly authorized in compliance with applicable law; and (e) Borrower and Surety shall preserve, warrant and defend Buyer's title to the collateral security for the Obligations, and the priority of the lien and security interest assigned to Buyer against the claims of all other persons and parties. 9. Representations by Bank. The Bank hereby makes the following representations to Buyer: (a) Qj2IM. Exhibit A attached hereto is a listing of all of the Loan Documents; (b) No Other Assignment. The Bank has made no other assignment of any of the Loan Documents or any of its right, title or interest thereunder; (c) Further Documents. The Bank will cooperate with Buyer to execute any and all documents reasonably necessary accomplish the assignment hereunder. - 8 - (d) 3indino Agreement, this Agreements, _.ne 3111 =. Sale, the Assignment of Mortgage, and all assignments and otner dccuments executed by Bank in connection with this transaction 'tne "Transfer Documents"), when duly executed and delivered by the Bank, will constitute valid and legally binding obligations of the Sank and will be enforceable against the Bank in accordance with their terms, except as enforcement might be limited by bankruptcy, insolvency, reorganization or similar laws affecting the enforcement of rights generally and by general principles of equity (regardless. of whether such enforcement is considered in a proceeding in equity or at law); (e) Noncontravention. The execution and delivery of the Transfer Documents by Bank and the performance by Bank of its obligations thereunder do not and will not conflict with or constitute a breach of or result in a violation of (i) the organizational documents of Bank; (ii) any agreement or other instrument to which the Bank is a party or by which Bank is bound; or (iii) any order of any court of competent jurisdiction or governmental agency; (f) Litigation. To the best knowledge of Bank, except for the aforementioned Bankruptcy Cases, there are no actions, suits or proceedings pending or threatened against Bank which would affect Bank's ability to execute and deliver the Transfer Documents and perform the obligations of Bank thereunder; (g) Loan Documents. The list of Loan Documents on Exhibit A is complete and accurate and there are no amendments, releases, modifications or supplements thereto except for thosa shown on Exhibit A; 9 - 105764.: (h) ownershio of Loan. Bank is the sole owner 3ni holder of the Loans and the Loan Documents; and (i) p.inr =ndorsements. Bank has not endorsed t:.e Note(s) or granted, assigned, transferred, set over or negotiated the Loan(s) to any other party. (j) Real Estate Proceeds. The Bank acknowledges and agrees that proceeds payable under the Bankruptcy Acquisttion Agreement with respect to the Plant Real Estate shall be paid to the Trustee and applied by him on account of real estate taxes and administrative expenses. 10. Conditions Precedent. The Bank will deliver at closing the Transfer Documents and the original Loan Documents upon completion of the following: (a) Full payment of the proceeds due under the Bankruptcy Acquisition Agreements to the Trustee and the Assignment Proceeds to the Bank; (b) Execution and delivery and compliance with this Agreement by all required parties in interest; and (c) Execution of all necessary documents in form and content satisfactory to the Bank. it. Closing. Closing of this Agreement shall take place in the offices Of counsel for the Bank, Bingaman, Hess, Coblentz 5 Bell, 660 Penn Square Center, 601 Penn Street, Reading, PA 19603 or such other place the parties may agree on or before, but in no event later than April 11, 1997. 12. No waiver. No delay or failure by the Bank in exercising in any of its options, powers, rights or a partial or single exercise constitutes a waiver of the Bank's right to exercise the - to - 1OS764.. same or any other right at any time and from _i^e to -e hereafter. 13, writtei agreements. Buyer, Borrower and Surety recogn::e that any agreement by the Bank to take any action in connection with the transaction contemplated hereunder, must be reduced to writing and signed by the Bank in order to be enforceable against the Bank. In order to avoid any confusion or misunderstanding, the Borrower and Sureties agree that this Agreement, any further agreement amending or modifying the terms of this Agreement, and any agreement relating to the credit accommodations described in this Agreement, must be in writing and signed by the Bank in order to be enforceable against the Bank. 14. Survival. The representations and warranties set forth in paragraphs 1, 2, 4, 5, 6, 7, 8 and 9 shall survive the execution of this Agreement and the transaction contemplated hereunder. 15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, executors, heirs and assigns. 16. Governing Law. This Agreement shall be governed by and interpreted in accordance with the provisions of the Laws of the commonwealth of Pennsylvania. 17. severability. If any provisions of this Agreement shall be found to be invalid or unenforceable, whether by operation of law, order of court, or otherwise, such provision shall be ineffective or unenforceable only to the limited extent required by law without effecting, in any manner, the remaining provisions of this Agreement or validity or enforceability thereof. 11 - !?Sa64.1 I, 4 13. Supplemental Documents. The parties hereto acknpw_adge that they will execute any and all suppiemental Documents as may pe reasonably necessary to effectuate this transaction. provision shall survive closing hereunder. 13. Headnotes. The headnotes are for matters of reference only and shall not control or effect the interpretation or construction of this Agreement. 20. Counterparts. This Agreement may be executed in one or more counterparts, which when taken together shall constitute one instrument. 21. asservation of certain Rights By Bank. This assignment is subject, however, to the Bank's secured claim in and to the proceeds paid under the Bankruptcy Acquisition Agreements, which rights are not assigned hereunder and are specifically reserved by the Bank. To the extent the Bank requires originals or copies of any documents delivered hereunder to enforce the claim reserved hereby, the Buyer shall cooperate in providing access thereto. IN WITNESS WHEREOF, the parties have set their hands and seals the date and year first above written. DUTCH MASTERS MEATS, INC. By: AA 4,4, C( e,r4a• 11 6^w Lr ?.r J CORESTATES BANK, N.A. (successor by merger to Meridian Bank) By: T1tle• "-' CCw,t,L - 12 - .=5354.: BURLINGTON CAPITAL CORP. BY. o- esi nt Witness: ?.' WERNER F. JONAS PAMELA K. JONAS - 13 - 105764.1 1.01 f? fR dl 7.7 .J Q '~r.r?' ?• .f.l WitnessI ..r % a. LL VL bi Dw?w AtJ7J.=GTun C"ITAL CORP. ey: .Dioai ant 1CJl11 ' P!W JUd 17 - 103701,: EXHIBIT A I. Loan agreement dated November 6. 1989 between .1vlendian Bank and Dutch %I asters Meats. Inc. I Line of Credit Note dated November 6. 1989 in the original principal amount of S200.000 executed and delivered by Dutch Masten Meats. Inc. to Meridian Bank 3. Security Agreement dated November 6, 1989 between Dutch Masters Tests. Inc. to Meridian Bank 4. Surety Agreement dated November 6, 1989 executed by Wemer F. Jonas and Pamela K. Jonas in favor of Meridian Bank 5. UCC-I Financing Statements executed by Dutch Masten Meats. Inc.. Wemer F. Jonas and Pamela K. Jonas in favor of Meridian Bank 6. Opinion letter dated November 6, 1989 delivered to Meridian Bank by the law firm of Placey & Wright 7. Landlord's Agreement and Waiver dated November 6, 1989 executed by Wemer F Jonas and Pamela K. Jonas in favor of Meridian Bank 8. Life Insurance Policy No. 2,357,988 issued by Phoenix Mutual Life Insurance Company insuring the life of Werner F. Jonas 9. Life Insurance Policy No. U703468 issued by Fidelity Guaranty and Life Insurance Co. insuring the life of Werner F. Jonas 10. Intercteditor Agreement dated November 6, 1989 among Meridian Bank. the U.S. Small Business Administration and Dutch Masten Meats. Inc. 11. Loan Agreement dated November 6. 1989 between Meridian Bank. Wemer F. Jonas, and Pamela K. Jonas 12. Loan Note dated November 6, 1989 in the original principal amount of 5360.000 executed and delivered by Werner F. Jonas, and Pamela K. Jonas to Meridian Bank A-l F,hibn N Continued I;. Mortgage and Security agreement dated Nos ember 6. 1989 benseen sterner F Jonas and Pamela K. Jonas, as mortgagor. and Ntandian Bank. as mortga_:ee 14 Collateral Assignment of Leases. Rents. Security Deposits and other Preceeds Sated November 6. 1989 between Werner F. Jonas and Pamela K. Jonas. as assignor, and Meridian Bank. as assignee 15. Title Insurance Policy issued by Commonwealth Land Title Insurance Company under commitment number C971714 16. Opinion letter dated November 6. 1989 delivered to Meridian Bank by the law firm of Placey & Wright 17. Subordination of Leases dated November 6. 1989 executed by Werner F. Jonas and Pamela K. Jonas in favor of Meridian Bank 18. Loan Agreement dated November 6, 1989 among Meridian Bank. Dutch Masters Meats, Inc.. Werner F. Jonas. and Pamela K. Jonas 19. Authorization and Loan Agreement dated September 29, 1989 between the U.S. Small Business Administration and Meridian Bank 20. Note dated November 6, 1989 in the original principal amount of S1.000.000 executed and delivered by Dutch Masten Meats, Inc., Werner F. Jonas and Pamela K. Jonas to Meridian Bank 21. Mortgage dated November 6, 1989 between Werner F. Jonas and Pamela K. Jonas. as mortgagor, and Meridian Bank. as mortgagee, recorded with the Cumberland County Recorder of Deeds in Book 958, at Page 325 a w4- 22. Mortgage dated November 6, 1989 between Werner F. Jonas and Pamela K. Jonas, as mortgagor, and Meridian Bank. as mortgagee. recorded with the Dauphin County Recorder of Deeds in Book 1347, at Page 39 cl =. 23. Opinion letter dated November 6, 1989 delivered to Meridian Bank by the law firm of Placey & Wright 24. Landlord's Agreement and Waiver dated November 6. 1989 executed by Werner F. Jonas and Pamela K. Jonas in favor of Meridian Bank A•2 / N OFFICE OF TuE SHERIFF Am Z5 It Qe AM 199 Ci%I'._I,.I L fw?r NENNS' LVANIA BURLINGTON CAPITAL CORPORATION,: ASSIGNEE OF CORESTATES BANK, N.A.,: SUCCESSOR BY MERGER TO MERIDIAN: BANK, vs WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4680-Civil PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint filed in the above-captioned matter on August 4, 1999. LEISAWITZ HELLER ABJtAMOWITCH PHILLIPS Charles J. Phillip /, Esqu 2201 Ridgewoo Road Suite 400 Wyomissing, PA-+96 10 Attorney for Plaintiff r? r•- i^ LJ • 1 V'• la ? l ?.l 0 Leisawitz Hellertgbramowitch Phillips, p.e. Attorneys at Caw lyerkshire eommons suite 400 2101 RidgeAvW Road Area Code (610) 372-3500 Wy~'3-vtKg, pA 19610-1193 lax (610) 372-8671 BURLINGTON CAPITAL CORPORATION, : IN THE COURT OF COMMON PLEAS ASSIGNEE OF CORESTATES BANK, CUMBERLAND COUNTY, PENNSYLVANIA N.A., SUCCESSOR BY MERGER TO CIVIL ACTION - LAW MERIDIAN BANK, PLAINTIFF : NO. 99-4680-CIVIL VS. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANT TO: WERNER F. JONAS DATED: OCTOBER 12, 1999 5141 KYLOCK ROAD MECHANICSBURG, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Bar Association Cumberland County 2 Liberty Avenue Carlisle, Pennsvlvania 17013 Telephone: 717-249-3166 LEISAWITZ HELLER ABRWOWITCH PHILLIPS, P.C. By: Charles J. Phillips, Esq ire 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 (610) 372-8427 Attorney for Plaintiff ? a G N g d n. > co O a? sZ ra as `l r CORPORATION, ASSIGNEE OF CORESTATES BANK, N.A., SUCCESSOR: BY MERGER TO MERIDIAN BANK, PLAINTIFF VS. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS CIVIL ACTION - LAW NO. K. #kg?) c/uwd MORTGAGE FORECLOSURE 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA, 17013 TELEPHONE: (717) 249-3155 TELEPHONE: (800)-990-9108 BURLINGTON CAPITAL CORPORATION, ASSIGNEE OF CORESTATES BANK, N.A., SUCCESSOR: BY MERGER TO MERIDIAN BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9 9- °/ e, f U C 4-? 71 ._ vs. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS MORTGAGE FORECLOSURE 1. Plaintiff is Burlington Capital Corporation, a corporation organized under the laws of the State of Delaware, authorized to do business in the Commonwealth of Pennsylvania, with a place of business located at 713 South 22nd Street, Harrisburg, Pennsylvania, 17111. 2. Defendant is Werner F. Jonas, an adult individual. with a residence at 5141 Kylock Road, Ten Fair Oaks, Upper Allen Township, Cumberland County, Pennsylvania. 3. Defendant is the owner of real property located at 5141 Kylock Road, Ten Fair Oaks, Upper Allen Township, Cumberland County, Pennsylvania. 4. On November 6, 1989, Dutch Masters Meats, Inc., and the Defendant (collectively, the "Obligors") executed and delivered to Meridian Bank (the "Bank") a promissory note in the original principal amount of $1,000,000.00 (the "First Term Loan Note"). The principal balance and accrued interest on the First Tenn Loan Note as of April 1, 1997, was $275,313.75. Interest has accrued and continues to accrue at the contract rates set forth in the First Term Loan Note. In addition, under the terms of the First Tenn Loan Note, the Obligors are obligated to the Bank for all costs, expenses and attorney's fees incurred by the Bank. 5. On November 6, 1989, the Defendant executed and delivered to the Bank a promissory note in the original principal amount of $360,000.00 (the "Second Term Loan Note"). The principal balance and accrued interest on the Second Term Loan Note as of April 1, 1997, was $364,108.11. Interest has accrued and continues to accrue at the contract rate set forth in the Second Term Loan Note. In addition, under the terms of the Second Term Loan Note, the Surety is obligated to the Bank for all costs, expenses and attorney's fees incurred by the Bank. 6. On November 6, 1989, Dutch Masters Meats, Inc., executed and delivered to the Bank a promissory note in the original principal amount of $200,000.00 (the "Line of Credit Note"). The principal balance and accrued interest on the Line of Credit Note, as of April 1, 1997, was $222,502.35. Interest at the contract rate set forth in the Line of Credit Note has accrued and continues to accrue. In addition, under the terms of the Line of Credit Note, the Borrower is obligated to the Bank for all accrued late charges, costs, expenses and attorney's fees. 7. To secure the obligations described above, Defendant, on or about November 6, 1989 executed a Mortgage in favor of Meridian Bank in the amount of One Million Dollars ($1,000,000.00), which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 958, at Page 325, and recorded on November 8, 1989. A full and complete description of the property subject to said Mortgage is attached hereto and marked Exhibit "A." 8. On or about April 1, 1997 Corestates Bank, N.A., successor to Meridian Bank entered into an Assignment Agreement with Dutch Masters Meats, Inc., Burlington Capital Corp. and Werner F. Jonas and Pamela K. Jonas wherein Corestates Bank, N.A., successor to Meridian Bank, assigned and transferred its rights, title and interest in the Mortgage to Plaintiff. Attached hereto, marked as Exhibit "B" is a true and correct copy of the Assignment Agreement. 9. On or around April 16, 1997, the Bank received payment of $388,705.00 and applied such payment against the outstanding loans. 10. The Mortgage is in default by reason of the Defendant's failure to pay the remaining balances due and owing under the First Tenn Note, the Second Term Note and the Line of Credit Note. 11. The amounts now due and payable are as follows: a. First Term Note $ 151,316.76 b. Second Tenn Note 200,074.60 C. Line of Credit Note 121,827.24 d. Attorney's fees and costs 23.660.96 Total $ 496,880.17 12. Notices pursuant to Act 6 of 1974, 41 P.S. Section 403 and Act 91, are not required in that the Mortgage being foreclosed upon is not a residential mortgage as defined in said Acts. WHEREFORE, Plaintiff, Burlington Capital Corporation, Assignee of Corestates Bank, N.A., successor by merger to Meridian Bank, demands judgment in the sum of $496,880.17, plus costs and for foreclosure and sale of the mortgaged premises. Respectfully submitted, BASKIN, LEISAWITZ, HELLER & ABRAMOWITCH DATED: tl ??s k , 1999 Charles J. ''hillips, Esquire Attorney I.D. No. 39260 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 Telephone: (610) 372-8427 Attorney for Plaintiff DPSKIN, LEISAWIT.7 ?EL:21_-378 156£1 Jul 15 49 10:45 No.001 P.06 YFR11'IC'A1'lUN 1. Leo Bloom, President of Burlington Capital Corporation, sour, and aver thud I am authorized by the Corfwation to sign tl»s Verification and th:d dir f Lets set froth in the foregoing Complaint in Mortgage Foreclosure are based on iufln•mation furnished to counsel, which information has been Fathered by counsel in the course of this IuwsuiL llrc langutttle of the Complaint in Mnrlgage Foreclosure is that of cotursel and not nf'tlze undersigned. The undersigned verify that they have read the attached Complaint in Mortgage Foreclosure, and that it is true and correct to the best of their informution and beliet'. '1'o the extent shut the language of the Congtiaint in Mortgage Foreclosure is that ofcouusei, the undersigned have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 1 s Pit. C.S.A. §4904 relating to unsworn falsification to uuthorities. DATED: (??c'`?>t 1999 111tIRIO (ilUNCAPITAL CORPORAT10N _ (?O 13y: I .corn President RECD JUL 19 1ggq EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Kylock Road at the dividing line between Lots Nos. 91 and 92 on the hereinafter mentioned plan of lots; thence along said dividing line South fifteen degrees forty minutes forty-nine seconds West a distance of two hundred nine and ninety-one one-hundredths feet to the right-of-way of the Pennsylvania Turnpike; thence along said Turnpike right-of-way South seventy-five degrees eighteen minutes West a distance of thirty-three and fifty-nine one-hundredths feet to a point; thence North forty-one degrees thirty- nine minutes West, a distance of one hundred sixty-six and forty-eight one-hundredths feet to the dividing line between Lots Nos. 92 and 93 on the hereinafter mentioned plan; thence along said dividing line North forty-two degrees nineteen minutes twenty-one seconds East a distance of one hundred seventy-seven and nine one-hundredths feet to the southern side of Kylock Road; thence along the southern side of Kylock Road along a curve to the left having a radius of two hundred feet, an arc distance of ninety-three feet to the dividing line between Lots Nos. 91 and 92 on the hereinafter mentioned plan, at the point or place of BEGINNING. BEING Lot No. 92 on Plan No. Ten of Fair Oaks as recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 39. HAVING thereon erected a two story aluminum dwelling house known and numbered as 5141 Kylock Road. BEING the same premises which Michael J. Bavilacqua, et ux, by their deed dated January 31, 1976 and recorded in the Recorder of Deeds Office of Cumberland County in Deed Book "L", Volume 26, Page 220, granted and conveyed unto Warner F. Jonas and Pamela K. Jonas, his wife, the Grantors herein. UNDER AND SUBJECT to certain restrictions and conditions of record. EXHIBIT "R" I. ASSIGNMENT AGREEMENT i This AGREEMENT made this =r day of :397, cy, cetxeen and among CoreStates Bank, M.A., successor by merger to Meridian Bank (hereinafter referred to as the "Bank") and :utcn Masters meats, Inc. (hereinafter referred to as (the "Borrower") and Burlington Capital Corp. (hereinafter referred to as "Buyer") and Werner F. Jonas and Pamela K. Jonas (hereinafter collectively referred to as "Surety"). RECITALS AND BACKGROUND WHEREAS, Borrower is a business corporation which obtained certain financial accommodations from the Bank. In conjunction therewith, the Borrower became indebted to the Bank under certain oor-itaen= letters, business loar. agreement and pror..isscry notes described herein. As security for the obligations represented by the notes, the Borrower executed certain security agreements in favor of the Bank granting the Bank a security interest in personal property as more fully set forth herein. The notes, security agreements, commitment letters, business loan agreements and all other instruments or documents executed by Borrower and delivered to the Bank including those which are listed on Exhibit A attached hereto, are sometimes referred to collectively herein as the "Loan Documents". WHEREAS on November 6, 1989, the Borrower and the Surety (collectively, the "Obligors") executed and delivered to the Bank a promissory note in the original principal amount of $1,000,000.00 (the "First Term Loan Note"). The principal balance on the First Term Loan Note as of February 24, 1997 was $269,027.51. Interest 1 _ :05764.: has accrued and continues to accrue at the contract rates set :orth in the First Term Loan :tote. in addition, under the terms of the %_-st Term Loan Note, the Obligors are obligated to the Bank for all costs, expenses and attorney's fees incurred by the Bank. WHEREAS on November 6, 1989, the Surety executed and delivered to the Bank a promissory note in the original principal amount of $360,000.00 (the "Second Term Loan Note"). The principal balance on the Second Term Loan Note as of February 24, 1997, was $333,666.81. Interest has accrued and continues to accrue at t!:e contract rate set forth in the Second Term Loan Note. In addition, under the terms of the Second Term Loan Note, the Surety is obligated to the Bank for all costs, expenses and attorney's fees incurred by the Bank. WHEREAS on November 6, 1989, the Borrower executed and delivered to the Bank a promissory note in the original principal amount of $200,000.00 (the "Line of Credit Note"). The principal balance on the Line of Credit Note, as of February 24, 1997 was $199,962.12. Interest at the contract rate set forth in the Line of Credit Note has accrued and continues to accrue. In addition, under the terms of the Line of Credit Note, the Borrower is obligated to the Bank for all accrued late charges, costs, expenses and attorney's fees. WHEREAS, the Obligor's obligations under the Term Loan Note, Line of Credit Note, the Second Term Loan Note, and under this Agreement are collectively referred to as the "Obligations". WHEREAS, the Surety, in addition to signing the Second Term Loan Note as Obligor, has collectively, jointly and severally guarantied, as surety, full payment to the Bank of the Obligations - 2 - 105364.L including, ',Iithou= limitation the First Term Loan :tote and Line Credit Gate. wHEREAS, the Surety as collateral for their obligations ender the Second Term Loan %tote as Obligor and under the First Term Loan :tote and Line of Credit :tote as Surety, executed and delivered to the Bank certain mortgages on real estate owned by the Surety. Cne parcel real estate subject to the mortgage is located at 5141 Kyloek Road, Cumberland County, Pennsylvania (the "Jonas Real Estate"). This mortgage is recorded to Record Book val. 958, Page 325, Cumberland County Records, (the "Jonas Mortgage"). The second parcel of real estate is located at 713 South 22nd Street, Harrisburg, Dauphin County, Pennsylvania (the "Plant Real Estate"). These two mortgages are recorded to Record Book 1347, Page 1, and Record Book 1347, Page 30 (the "Plant Mortgage"). WHEREAS, the Borrower is currently a Debtor in a proceeding under Chapter 11 of the United States Bankruptcy Code to No. 1-95- 00588, pending before the United States Bankruptcy Court for the Middle District of Pennsylvania (the "Corporate Bankruptcy Case"). The Buyer has executed and delivered with the Trustee in the Corporate Bankruptcy Case an Asset Purchase Agreement whereby the Buyer will purchase certain assets of the Borrower. In addition, Werner Jonas has filed a Petition for Relief under Chapter 13 of the Bankruptcy Code to No. 96-02736 RJW-1 pending before the United States Bankruptcy Court for the Middle District of Pennsylvania The Buyer has executed and (the "Individual Bankruptcy Cass"). delivered to the Trustee in the Corporate Bankruptcy Case a Real Estate Purchase Agreement whereby the Buyer will purchase real estate at 713 South 22nd Street, Harrisburg, Pennsylvania, the 3 105364•: premises owned by Werner Jonas out of which the Borrower #ervas its business and which Werner Jonas has granted a power of attorney to trustee to sell as more specifically described in the ?sat Estate Purchase Agreement (the "Plant Beal Estate"). :hesa agreements are referred to herein, collectively, as the "Bankruptcy Acquisition Agreements". WHEREAS, the Bank will receive certain of the proceeds paid by Buyer under the Bankruptcy Acquisition Agreements on account of secured claims due the Bank and which will reduce the amount d:e the Bank under the Loan Documents. WHEREAS, as an additional condition of the acquisition under the Bankruptcy Acquisition Agreements, the Buyer will acquire from the Bank after payment to the Bank on account of its secured claims under the Corporate Bankruptcy Case and the Bank will sell to Buyer without recourse all of the Bank's right, title and interest in the Loan Documents by assignment from the Bank. WHEREAS, the Surety consents to the foregoing assignment, as more fully set forth herein. WHEREAS, the Borrower and the Surety have entered into this in an Agreement as an inducement to the Bank to assign the collateral interests described herein but without any agreement on the part of the Bank to do so except as specifically set forth in this Agreement. THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the Bank, Borrower, Surety and Buyer agree: 1. Tncorporation of Background. The Background set forth above is incorporated by reference as is fully set forth herein. 4 _ :05764.: 2, now Led ^rs - Obligations to Sank. The Borrower and Surety hereby acknowledge and agree as follows: (a) Acknowledonent of Debt. The Borrower and Sure_y hereby acknowledge the Obligations to the Bank, as more fully and completely set forth herein, and hereby agree that the ObLigat:cns due under the notes described in the Background of this Agreement are in default and immediately due and owing. Demand and notice of demand are hereby waived. The Borrower and Surety hereby agree that the obligations of the Borrower to the Bank are not subject to any setoff, recoupment or counterclaim, nor is the Bank subject to any affirmative claim by Borrower or Surety for injunctive relief or monetary damages. This Agreement has been negotiated in good faith and Borrower and Surety have had the opportunity to have been advised by independent counsel, of their selection, of the import of this Agreement. (b) g$tiiffication of Loan Documents. The Loan Documents and the liens and security interests granted thereby have been in full force and effect since the date of their execution and shall remain in full force and effect. (c) n ??*ionshim with Bank and Borrower. The Borrower and Surety acknowledge and agree that the relationship between the Borrower and Surety and the Bank is one of lender and borrower only and that the Bank is not an insider, in any fashion in the affairs of the Borrower or the Surety, nor is the Bank considered or deemed to be a partner or joint venturer in any of the affairs of the Borrower or Surety. 3. A?ais oz, nment. Subject to the conditions and provisions contained in this Agreement, and upon full payment by Buyer of 1:5754•: sa0,00o.00 (the "Assignment Proceeds") in the manner -rcv;ded herein, the Bank hereby sets over, assigns and transfer :ts :ignt, title and interest in the Loan Documents and all related dccuments and all monies due or to become due unto the Buyer and ;ts successors or assigns. Upon payment of the Assignment of Proceeds by the Buyer and upon closing under the Bankruptcy Acquisition Agreements, the Bank will deliver to Buyer the original :onas Mortgages, Plant Mortgages and the originals of all other Loan Documents, and execute and deliver assignment of mortgage forms for recordation with the appropriate Recorder of Deeds and CCC-: Assignments as requested by Buyer. The Buyer shall pay to the Bank the Assignment Proceeds simultaneously with the execution hereof. 4. Bank. Deliveries. At Closing, Bank shall deliver to Buyer: (a) Such documents, instruments, pleadings and agreements which may be required to transfer to Buyer all of Bank's right, title and interest in the Loan Documents; (b) A Bill of sale in form and substance reasonably satisfactory, which shall be executed by an authorized officer of Bank; (c) The originals of the Loan Documents; (d) without limiting the generality of the immediately preceding subparagraph, the original Note(s), endorsed by allonge or other endorsement separate from instrument reasonably satisfactory to Buyer; (e) Assignments of Mortgage, executed by an authorized officer of Bank; - 6 - I (f) UCC-3 Assignments naming Buyer as the assignee oC Bank's security interest perfected by the filing of UCC-L f'_nanc:nq statements, as continued from time to time. 5. Defenses. Buyer, by acceptance of the assignment of :!%e Loan Cocuments does so with the agreement and understanding and that it is made under and subject to any and all such claims or defenses which the Borrower and Surety had, now has, or in the future may have, as to the substantive and procedural matters in connection with the execution and delivery of the Loan Documents obtaining of the security interest in the collateral. The Borrower and Surety, by their consent to this Agreement, and by execution hereof, waive any and all such claims and defenses. 6. Acknowledgments of Buyer and Obligors - Terms of Assignment. Buyer and the Obligors individually and independently acknowledge the following: (a) They are familiar with the documents contained and described herein, the circumstances surrounding their execution, and other action taken by the Obligors in connection with the execution of the Loan Documents; (b) The Bank makes no representations or warranties other than as described herein. 7. No Recourse. This Assignment is given without recourse. In the event Buyer is unable to collect any sum whatsoever from the Borrower and Surety, Buyer shall have no recourse against or right to indemnification or contribution from the Bank, except as a result of a breach of any representation, warranty or covenant of Bank set forth herein. 7 - 1:5364.: 3. AcSn2w edgrents of Borrywe the acknowledgments given above, the ac%nowledge the following: (a) The Bank is a secured valid, enforceable lien on the Jonas Estate; r and Surety. :n additi=? :o Borrower and Surety, `urther creditor and the holder cf a teal Estate and the Plant Peal (b) The obligations under the Line of Credit :tote, -arm Loan Notes, and the other Loan Documents are valid and enforceable and not subject to any defenses, setoffs or counterclaims. (c) That Borrower and Surety consent to this Assignment and all terms and conditions hereof in all respects; (d) That this transaction is duly authorized in compliance with applicable law; and (e) Borrower and Surety shall preserve, warrant and defend Buyer's title to the collateral security for the Obligations, and the priority of the lien and security interest assigned to Buyer against the claims of all other persons and parties. g. Representations by Bank. The Bank hereby makes the following representations to Buyer: (a) Copies. Exhibit A attached hereto is a listing of all of the Loan Documents; (b) No Other Assignment. The Bank has made no other assignment of any of the Loan Documents or any of its right, title or interest thereunder; (c) Further Documents. The Bank will cooperate with Buyer to execute any and all documents reasonably necessary accomplish the assignment hereunder. - 8 - ;d) Binding Aare-^ent. :his Agreements, tae Bi._ .f Sale, the Assignment of mortgage, and all assignments and of-er d:cti..mentS executed by Bank in connection With this transaction 't:^e "Transfer Documents"), when duly executed and delivered by the Bank, will constitute valid and legally binding obligations of the Bank and will be enforceable against the Bank in accordance with their terms, except as enforcement might be limited by bankrupt:y, insolvency, reorganization or similar laws affecting the enforcement of rights generally and by general principles of equity (regardless of whether such enforcement is considered in a proceeding in equity or at law); (e) Noncontravention. The execution and delivery of the Transfer Documents by Bank and the performance by Bank of its obligations thereunder do not and will not conflict with or constitute a breach of or result in a violation of (i) the organizational documents of Bank; (ii) any agreement or other instrument to which the Bank is a party or by which Bank is bound; or (iii) any order of any court of competent jurisdiction or governmental agency; (f) Litigation. To the best knowledge of Bank, except for the aforementioned Bankruptcy Cases, there are no actions, suits or proceedings pending or threatened against Bank which would affect Bank's ability to execute and deliver the Transfer Documents and perform the obligations of Bank thereunder; (g) Loan Documents. The list of Loan Documents on Exhibit A is complete and accurate and there are no amendments, releases, modifications or supplements thereto except for those shown on Exhibit A; 9 - 105701.: (h) 0•.mershio of Loan. Bank is the sole zw+ er and holder of the Loans and the Loan Documents; and (i) p ors ndocsenents. Bank has not endorsed ne :7ote(s) or granted, assigned, transferred, set over or negotiated the Loan(s) to any other party. (j) Real Estate Proceeds. The Bank acknowledges and agrees that proceeds payable under the Bankruptcy Acquisition Agreement with respect to the Plant Real Estate shall be paid to the Trustee and applied by him on account of real estate taxes and administrative expenses. 10. Conditions Precedent. The Bank will deliver at closing the Transfer Documents and the original Loan Documents upon completion of the following: (a) Full payment of the proceeds due under the Bankruptcy Acquisition Agreements to the Trustee and the Assignment Proceeds to the Bank; (b) Execution and delivery and compliance with this Agreement by all required parties in interest; and (c) Execution of all necessary documents in form and content satisfactory to the Bank. 11. Closing. Closing of this Agreement shall take place in the offices of counsel for the Bank, Bingaman, Hess, Coblentz S Bell, 660 Penn Square Center, 601 Penn Street, Reading, PA 19603 or such other place the parties may agree on or before, but in no event later than April 11, 1997. 12. No waivf. No delay or failure by the Bank in exercising in any of its options, powers, rights or a partial or single exercise constitutes a waiver of the Bank's right to exercise the 10 1OS764.. - - same or any other right at any time and from tine to =:-s hereafter. 17. writ-en Agreements. Buyer, Borrower and Surety reccgni:e that any agreement by the Bank to take any action in connection with the transaction contemplated hereunder, must be reduced to writing and signed by the Bank in order to be enforceable against the Bank. In order to avoid any confusion or misunderstanding, the Borrower and Sureties agree that this Agreement, any further agreement amending or modifying the terms of this Agreement, and any agreement relating to the credit accommodations described in this Agreement, must be in writing and signed by the Bank in ardor to be enforceable against the Bank. 14. Survival. The representations and warranties set forth in paragraphs 1, 2, 4, 5, 6, 7, 8 and 9 shall survive the execution of this Agreement and the transaction contemplated hereunder. 15. a;ndina Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, executors, heirs and assigns. 16. 22vernino-_Law. This Agreement shall be governed by and interpreted in accordance with the provisions of the Laws of the Commonwealth of Pennsylvania. 17. ,geverability. If any provisions of this Agreement shall be found to be invalid or unenforceable, whether by operation of law, order of Court, or otherwise, such provision shall be ineffective or unenforceable only to the limited extent required by law without effecting, in any manner, the remaining provisions of this Agreement or validity or enforceability thereof. 11 - 135364.1 13. sycolanental Documents. The parties hereto acki--wladge that they will execute any and all supplemental documents as ay ce reasonably necessary to effectuate this transaction. -h-'s provision shall survive closing hereunder. 13. Keadnotes. The headnotes are for -utters of reference only and shall not control or effect the interpretation ... construction of this Agreement. 20. Counteroarts. This Agreement may be executed in one or more counterparts, which when taken together shall constitute one instrument. 21. Reservation of Certain Rights By Bank. This assignment is subject, however, to the Bank's secured claim in and to the proceeds paid under the Bankruptcy Acquisition Agreements, which rights are not assigned hereunder and are specifically reserved by the Bank. To the extent the Bank requires originals or copies of any documents delivered hereunder to enforce the claim reserved hereby, the Buyer shall cooperate in providing access thereto. IN WITNESS WHEREOF, the parties have set their hands and seals the date and year first above written. DUTCH MASTERS MEATS, INC. By: AA 4i4, CORESTATES BANK, N.A. (successor by merger to Meridian Bank) By: Title: - 12 - .:5]54.: BURLINGTON CAPITAL CORP. By: rl?. / asi nt Witness: ?. WERNER F. JONAS PAMELA K. JONAS - 13 - 105]64.1 `/ ff a• :F4 d1 '.97 :•+ d:? ': ?=..? s: iii Witnaaa? ; AIMM-104Tun C"I,TAL CORP. Sys 3sro ant AXWMW QMAV PPAMELA gun - t - 1J- 107761.i EXHIBIT A 1. Loan Agreement dated November 6. 1989 between Mendian Bank and Dutch `tasters Meats. Inc. ? Line of Credit Note dated November 6. 1989 in the original pnnctpal amount of 5200,000 executed and delivered by Dutch Masters Meats. Inc. to Mendian Bank 3. Security Agreement dated November 6, 1989 between Dutch Masters `(eats. Inc. to Meridian Bank 4. Surety Agreement dated November 6, 1989 executed by Werner F. Jonas and Pamela K. Jonas in favor of Meridian Bank 5. UCC-1 Financing Statements executed by Dutch Masters Meats. Inc.. Werner F. Jonas and Pamela K. Jonas in favor of Meridian Bank 6, Opinion letter dated November 6, 1989 delivered to Meridian Bank by the law firm of Placey & Wright 7, Landlord's Agreement and Waiver dated November 6. 1989 executed by Wemer F. Jonas and Pamela K. Jonas to favor of Meridian Bank 8. Life Insurance Policy No. 2,357,988 issued by phoenix Mutual Life Insurance Company insuring the life of Werner F. Jonas 9. Life Insurance Policy No. IJ703468 issued by Fidelity Guaranty and Life Insurance Co. insuring the life of Werner F. Jonas l0. Inte=ediWr Agreement dated November 6, 1989 among Meridian Bank. the U.S. gel Business Administration and Dutch Masters Meats, Inc. 11. Loan Agreement dated November 6, i9g9 between Meridian Bank. Werner F. Jonas, and Pamela K. Jonas 12. Loan Note dated November 6. 1989 in the original principal amount of 5360.000 executed and delivered by Werner F. Jonas, and Pamela K. Jonas to Meridian Bank A-1 F,h,b,t Continued 13. Mortgage and Secunty agreement dated Nocember 6. 1989 bemeen %? erner F Jonas and Pamela K. Jonas. as mortgagor. and Meridian Bank. as murwatee 14 Collateral .>sstgnment of Leases. Rents. Security Deposits and other Proceeds fated November 6. 1989 between Weiner F. Jonas and Pamela K. Jonas. as assignor. and Meridian Bank, as assignee 13. Title Insurance Policy issued by Commonwealth Land Title Insurance Compan} under commitment number C971714 16. Opinion letter dated November 6, 1989 delivered to Meridian Bank b} the la« firm of Placey & Wright 17. Subordination of Leases dated November 6. 1989 executed by Weiner F. Jonas and Pamela K. Jonas in favor of Meridian Bank 18. Loan Agreement dated November 6, 1989 among Meridian Bank. Dutch Masters Meats, Inc.. Weiner F. Jonas, and Pamela K. Jonas 19. Authorization and Loan Agreement dated September 29, 1989 between the U.S. Small Business Administration and Meridian Bank 20. Note dated November 6, 1989 in the original principal amount of 51.000.000 executed and delivered by Dutch Masten Meats, Inc.. Werner F. Jonas and Pamela K. Jonas to Meridian Bank 21. Mortgage dated November 6. 1989 between Werner F. Jonas and Pamela K. Jonas, as mortgagor, and Meridian Bank. as mortgagee, recorded with the Cumberland County Recorder of Deeds in Book 958, at Page 323 ,i =. 22. Mortgage dated November 6, 1989 between Werner F. Jonas and Pamela K. Jonas, as mortgagor, and Meridian Bank. as mortgagee. recorded with the Dauphin County Recorder of Deeds in Book 1347, at Page 39 cl =. 23. Opinion letter dated November 6, 1989 delivered to Meridian Batik by the law firm of Placey 8c Wright 24. Landlord's Agreement and Waiver dated November 6. 1989 executed by Weiner F. Jonas and Pamela K. Jonas in favor of Meridian Bank A-2 w w? L v IT SHERIFF'S RETURN - REGULAR CASE NO: 1999-04680 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BURLINGTON CAPITAL CORP ETC VS. JONAS WERNER F ET AL JODY SMITH Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within REINSTATED COMP/MORTGAGE/FORE was served upon JONAS WERNER F the defendant, at 11:43 HOURS, on the 13th day of September 1999 at 5141 KYLOCK ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to WERNER F. JONES a true and attested copy of the REINSTATED COMP/MORTGAGE/FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So answers: Service 00 .00 Affidavit .00 Q1 Surcharge 8.00 ? ?- $76-= BASKIN, LEISAWITZ, 09/14/1999 HELLER n by 4 U epu y S eri Sworn and subscribed to before me this . /(/!!7 day of 19_CL? A.D. ro on?r o?°?+ 01 BURLINGTON CAPITAL CORPORATION,: IN Tl IE COURT OF COMMON PLEAS ASSIGNEE OF CORESTATES BANK, N.A.: CUMBERLAND COUNTY, PENNSYLVANIA SUCCESSOR BY MERGER TO MERIDIAN: CIVIL ACTION - LAW BANK, PLAINTIFF VS. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS NO.99-4680-CIVI? PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter a default, judgment in favor of the Plaintiff, Burlington Capital Corporation, Assignee of Corestates Bank, N.A. Successor by Merger to Meridian Bank and against the Defendant, Werner F. Jonas, in the amount of Four Hundred Ninety-six Thousand Eight Hundred Eighty Dollars and Seventeen Cents ($496,880.17) plus costs, and for foreclosure and sale of the mortgaged premises located at 5141 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania, for his failure to file an Answer to the Complaint within twenty (20) days of service thereof and within ten (10) days of service of the Notice of Intent to Enter Default Judgment and against the Defendant, United States of America, pursuant to the attached Stipulation, for mortgage foreclosure and sale of the mortgaged premises located at 5141 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania.. Dated: LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: 1??4 P Charles J. Philli V. squire Attorney for Plaintiff BURLINGTON CAPITAL CORPORATION, ASSIGNEE OP CORESTATES BANK, N.A., SUCCESSOR BY MERGER TO MERIDIAN BANK, I'LAINTIFF VS. WL•RNLR F. JONAS and UNITED STATES OF AMLIUCA, DEFENDANTS 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO, 99-4680-CIVIL CERTIFICATION I, Charles J. Phillips, Esquire, attorney for Plaintiff, hereby certify that I served a Notice of Intent to Enter Default Judgment upon the Defendant, Werner F. Jonas, 5141 Kylock Road, Mechanicsburg, Pennsylvania, 17055, on October 12, 1999. Doled: November 24, 1999 LEISAWITZ HELLERABRAMOWITCH PHILLIPS, P.C. By: 220FRidgewood Road, uite 400 Wyomissing, PA 1961 610-372-3500 Attorney for Plaintiff BURLINGTON CAPITAL CORPORATION, : ASSIGNEE OF CORESTATES BANK, N.A.,: SUCCESSOR BY MERGER TO MERIDIAN: BANK, PLAINTIFF VS. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBEItLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4680-CIVIL STIPULATION It is hereby stipulated and agreed by and between Burlington Capital Corporation, Assignee of Coreslates Bank, N.A., Successor by Merger to Meridian Bank and the Defendant, United States of America, as follows: That the premises located at 5141 Kylock Road, Ten Fair Oaks, Mechanicsburg, Pennsylvania, referred to in the Complaint, is owned by the Defendant, Werner F. Jonas. 2. The Plaintiff filed an action in mortgage foreclosure to the docket number 99-4680-Civil with the Court of Common Pleas of Cumberland County, Pennsylvania and named as Defendants, Werner F. Jonas and United States of America. 3. The parties hereby agree that the United States of America shall and hereby is named as a party in the above action in accordance with 28 U.S.C. Section 2410 et §N. 4. The United States of America hereby accepts service of the Complaint and waives its right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the Defendant. The United States of America has two (2) tax liens against the property which are subject to the action of mortgage foreclosure, lien number 1996-4047 and lien number 1996-5287 totalling $331,081.27, both entered in the Prothonotary's Office of Cumberland County, Pennsylvania. 6. That the Federal tax liens referred to in paragraph 5 in the total amount of $331,081.27 is junior in time to the Plaintiff's mortgage and Assignment Agreement set forth in paragraphs 7 and 8, respectively, of Plaintiff's Complaint. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 8. That the Defendant, United States of America, is not indebted to the Plaintiff. 9. That the aforesaid premises located at 5141 Kylock Road, Ten Fair Oaks, Mechanicsburg, Pennsylvania, shall be sold at a judicial sale, notice of which was served on the Defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal tax liens referred to in paragraph 5. 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States of America shall be sent to the Financial Litigation Unit, United States Attorney's Office, Suite 309, Federal Building, Scranton, Pennsylvania, 18501. 12. That the Defendant, United States of America, preserves the right of redemption as provided in Title 28, United States Code, Section 2410(c). 13. The parties to this Stipulation shall bear their respective costs in this proceeding. Dated:, LEISAWITZ 1-IGLLG T71PILLIPS, P.C. By: _ / A'lc Charles J. Phillips, Es re 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 (610) 372-3500 Attorney for Plaintiff Dated: Cl IZ-2, DAVID M. BARASCH United States Attorney UXS. Attorney for United States of America .i BURLINGTON CAPITAL CORPORATION.: ASSIGNEE OF CORESTATES BANK. N.A.: SUCCESSOR BY MERGER TO MERIDIAN: BANK, PLAINTIFF VS. WERNER F. JONAS and UNITED STATES OF AMERICA. DEFENDANTS IN TI IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4680-CIVIL NON-MILITARY AFFIDAVIT COMMONWEALTII OF PENNSYLVANIA: ss: COUNTY OF BERKS Before me, the undersigned authority, personally appeared Charles J. Phillips, Esquire, who being duly sworn according to law, doth depose and say that the Defendant, Werner F. Jonas, is not in the Military or Naval Service. based on the foregoing facts as of the date of this affidavit: Age of Defendants: Sui Juris Present Place of Employment: Unknown Present Place of Residence: 5141 Kylock Road Mechanicsburg, P 17055 _;?- Dated: I \? 1999 Charles J. Phil Esquire Attorney for P aintiff Sworn to and subscribed before me this day of 1999 A.D. 0 ?,c c? Notary Public ($2.00) NOTARIAL SEAL BARBARA J. FLEISCHOOD, Notary Public Wyomissing, Barks County, PA My Commission E>#res 7.282003 BURLINGTON CAPITAL CORPORATION,: IN THE COURT OF COMMON PLEAS ASSIGNEE OF CORESTATES BANK, N.A.: CUMBERLAND COUNTY, PENNSYLVANIA SUCCESSOR BY MERGER TO MERIDIAN: CIVIL ACTION - LAW BANK. PLAINTIFF N0.99-4680-CIVIL VS. WERNE'R F. JONAS and UNITED STATE'S OF AMERICA, DEFENDANTS CERTIFICATE OF ADDRESS TO TIIE PROTHONOTARY: I, Charles J. Phillips, Esquire, attorney for the Plaintiff in the above-captioned proceeding, do hereby certify that the name and current address of each party's attorney of record or the name and current address of each unrepresented party are as follows: Plaintiff: Charles J. Phillips, Esquire Leisawitz Heller Abramowitch Phillips, P.C. 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 Defendants: Werner F. Jonas 5141 Kylock Road Mechanicsburg, PA 17055 United States of America U.S. Department of Justice Federal Building 228 Walnut Street Harrisburg, PA 17108 Dated: tAnciS LEISAWITZ HELLER A?AVOWITCH PHILLIPS, P.C. Cka&es J. T11 Attorney for BURL.IN(iTON CAPITAL CORPORATION, ASSI(iNlili OF CORES'I'ATES BANK, N.A., SUCCESSOR BY MERGER'I'O MERIDIAN BANK. PLAINTIFF Vs. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4680-CIVIL TO: WERNER F. JONAS DATED: OCTOBER 12, 1999 5141 KYLOCK ROAD MECHANICSBURG, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TI IIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE'1 HIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT I [AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE" TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Bar Association Cumberland County 2 Liberty Avenue Carlisle. Pennsylvania 17013 By: Telephone: 717-249-3166 LEISAWITZ HELLER CG'arles J. Phillips, Es 2201 Ridgewood Roar Wyomissing, PA 196 (610) 372-8427 Attorney for Plaintiff PHILLIPS, P.C. Suite 400 EXHIBIT "A" . .... . ...TT . •.. e-t)vj BUIU.,INUTON CAPITAL CORPORATION,: IN THE COURT OF COMMON PLEAS ASSI(iNl;l: OF CORL•S'TATES BANK, CUMBERLAND COUNTY, PENNSYLVANIA N.A., Sl IC•CESSOR BY MERGER TO CIVIL ACTION - LAW MERIT IAN BANK, PLAINTIFF NO. 99-4680-CIVIL VS. WERNFIZ F. JONAS and UNI'1'1?I) STA'T'ES OF AMERICA, DEFENDANT Q u n vci' i i rn -4 TO: WERNER F. JONAS DATED: OCTOBER 12 1999 51 11 KYLOCK ROAD , z 1IGCIIANICSBUItG, 1'A 17055 ; ro p O p -C IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED 017 YOU IN •1'111S CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF 'I'I IIS NO'TICE, A JUDGMENT MAY BE ENTEI?MD AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPEXI'Y OR OTHER IMPORTANT RIGHTS. YOU SI IOULD TAKE THIS NOTICE'TO YOUR LAWYER AT ONCE. IF YOU DO NOT I IAV E A LAWYER Olt CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Bar Association Cumberland County 2 Liberty Avenue Carlisle. Pennsylvania 17013 'telephone: 717-249-3166 LEISAWITZ HELLER PHILLIPS, P.C. Cha`eles J• Phillips, Esq irc 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 (610) 372-8427 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY CARLISLE, PA TO: WERNER F. JONAS 5141 KYLOCK ROAD MECHANICSBURG, PA 17055 You are notified that Burlington Capital Corporation, Assignee of Corestates Bank, N.A., Successor by Merger to Meridian Bank have caused a judgment by O Confession () District Justice Transcript O Answers to Interrogatories (X ) Default () Stipulation for Judgment () Bankruptcy Court Order to be entered against you with the Prothonotary of Cumberland County. The judgment was entered on , 1999 to No. 99-4680-Civil with the Court of Common Pleas of Cumberland County - Civil Division. The judgment is in the amount of $496,880.17 plus costs and for foreclosure and sale of the mortgaged premises located at 5141 Kylock Road, Mechanicsburg, Pennsylvania. Prothonotary By: Deputy Prothonotary IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OFFICE OF TIME PROTHONOTARY CARLISLE, PA TO: UNITED STATES OP AMERICA U.S. DEPARTMENT OP JUSTICE 228 WALNUT STREET IIARRISBURG, PA 17108 You are notified that Burlington Capital Corporation, Assignee of Corestates Bank, N.A., Successor by Mergcr to Meridian Bank have caused a judgment by () Confession () District Justice Transcript O Answers to Interrogatories ( ) Default (X) Stipulation for Judgment ( ) Bankruptcy Court Order to be entered against you with the Prothonotary of Cumberland County. The judgment was entered on , 1999 to No. 99-4680-Civil with the Court of Common Pleas of Cumberland County - Civil Division. The judgment is and for foreclosure and sale of the mortgaged premises located at 5141 Kylock Road, Mechanicsburg, Pennsylvania. Prothonotary Deputy Prothonotary C G: a C? I V? BURLINGTON CAPITAL CORPORATION, ASSIGNER 01' CORLSTATE BANK, N.A., SUCCESSOR BY MIiRGBR TO MERIDIAN BANK, PLAINTIFF VS. WERNIT F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4680-CIVIL PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO TI ]E PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due: $496,880.17, plus costs and for foreclosure and sale of the mortgage premises located at 5141 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania. LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: ( Al-11 lrv. Char es J. Phillips, Es ' e 9°' 2201 Ridgewood Roa , Suite 400 Wyomissing, PA 19610 (610) 372-8427 Attorney for Plaintiff Note: Please furnish description of Property ALL THAT CER'T'AIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on (lie southern side of Kylock Road at the dividing line between Lots Nos. 91 and 92 on the hereinafter mentioned plan of lots; thence along said dividing line South fifteen degrees forty minutes forty-nine seconds West a distance of two hundred nine and ninety-one one-hundredths feet to the right-of-way of the Pennsylvania Turnpike; thence along said Turnpike right-of-way South seventy-five degrees eighteen minutes West a distance of thirty-three and fifty-nine one-hundredths feet to a point; thence North forty-one degrees thirty- nine minutes West, a distance of one hundred sixty-six and forty-eight one-hundredths feet to the dividing line between Lots Nos. 92 and 93 on the hereinafter mentioned plan; thence along said dividing line North forty-two degrees nineteen minutes twenty-one seconds East a distance of one hundred seventy-seven and nine one-hundredths feet to the southern side of Kylock Road; thence along the southern side of Kylock Road along a curve to the left having a radius of two hundred feet, an arc distance of ninety-duce feet to the dividing line between Lots Nos. 91 and 92 on the hereinafter mentioned plan, at the point or place of BEGINNING. BEING Lot No. 92 on Plan No. Ten of Fair Oaks as recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 39. 1iAV1NG thereon erected a two story aluminum dwelling house known and numbered as 5141 Kylock Road. BEING the same premises which Michael J. Bavilacqua, et ux, by their deed dated January 31, 1976 and recorded in the Recorder of Deeds Office of Cumberland County in Deed Book "L", Volume 26, Page 220, granted and conveyed unto Warner F. Jonas and Pamela K. Jonas, his wife, the Grantors herein. UNDER AND SUBJECT to certain restrictions and conditions of record. ., i' , r, L (J ? U ?ZN ?J BURLINGTON CAPITAL CORPORATION, IN THE COURT OF COMMON PLEAS ASSIGNEE OF CORESTATF. BANK, N.A., CUMBERLAND COUNTY, PA SUCCESSOR BY MERGER TO MERIDIAN CIVIL. ACTION - LAW BANK, PLAINTIFF NO. 99-4680-CIVIL VS. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 Charles J. Phillips, Esquire, and Leisawitz Heller Abramowitch Phillips, P.C., attorneys for Plaintiff in the above action, being duly sworn according to law, deposes and says that to the best of his knowledge, information and belief, that as of the date of the filing of the Praecipe for Writ of Execution, the following information concerning the real property located at and known as 5141 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania was filed of record: Name and address of owner(s) or reputed owner(s): Werner F. Jonas, 5141 Kylock Road, Mechanicsburg, Pennsylvania 2. Name and address of defendant(s) in the judgment: Werner F. Jonas, 5141 Kylock Road, Mechanicsburg, Pennsylvania United States of America, U.S. Department of Justice, Federal Building, 228 Walnut Street, Harrisburg, Pennsylvania, 17108. 3. Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: a. Burlington Capital Corporation, Assignee of Corestates Bank, N.A., Successor by Merger to Meridian Bank, 713 South 22"a Street, Harrisburg, PA 17104. b. First Federal Savings and Loan Association, Harrisburg, PA C. Pamela K. Jonas, 5141 Kylock Road, Mechanicsburg, PA d. Internal Revenue Service, United States of America, U.S. Department of Justice, Federal Building, 228 Walnut Street, Harrisburg, PA 17108 e. Cumberland County Tax Claim Bureau, 1 Courthouse Square, Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: a. Burlington Capital Corporation, Assignee of Corestates Bank, N.A., Successor by Merger to Meridian Bank, 713 South 22"d Street, Harrisburg, PA 17104/ b. First Federal Savings and Loan Association, Harrisburg, PA C. Pamela K. Jonas, 5141 Kylock Road, Mechanicsburg, PA 5. Name and address of every other person who has any record lien on the property: a. Burlington Capital Corporation, Assignee of Corestates Bank, N.A., Successor by Merger to Meridian Bank, 713 South 22nd Street, Harrisburg, PA 17104. b. First Federal Savings and Loan Association, Harrisburg, PA C. Pamela K. Jonas, 5141 Kylock Road, Mechanicsburg, PA d. Internal Revenue Service, United States of America, U.S. Department of Justice, Federal Building, 228 Walnut Street, Harrisburg, PA 17108 e. Cumberland County Tax Claim Bureau, 1 Courthouse Square, Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiffs have knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. WITZ. EIFLLER A RAMOWITCH PHILLIPS, P.C. Charles J. PhillW, Esquire 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 (610)372-8427 Attorney for Plaintiff Sworn to and subscribed before me this day of iW J , 1999 A.D. otary Public EAL , Notary Public ounty , Pq 7.282003 SME C) Y Y c- 1 cl 2J I . BURLINGTON CAPITAL CORPORATION, ASSIGNEE OF CORESTATE BANK, N.A., SUCCESSOR BY MERGER TO MERIDIAN BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4680-CIVIL VS. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO R.C.P. 3129 OF THE SUPREME COURT OF PENNSYLVANIA TO: WERNER F. JONAS 5141 KYLOCK ROAD MECHANICSBURG, PA 17055 UNITED STATES OF AMERICA U.S. DEPARTMENT OF JUSTICE FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17108 Your property (real estate) at 5141 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania is scheduled to be sold at Sheriffs Sale on March 1, 2000 at 10:00 A.M., in the Commissioners Hearing Room, 1 Courthouse Square, Carlisle, Pennsylvania to enforce the court judgment of $496,880.17, plus costs and for foreclosure and sale of the mortgage premises obtained by Burlington Capital Corporation, Assignees of Corestates Bank, N.A. by Merger to Meridian Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Burlington Capital Corporation, Assignees of Corestates Bank, N.A. by Merger to Meridian Bank in the amounts due and owing, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: Charles J. Phillips, Esquire Leisawitz I teller Abramowitch Phillips, P.C. 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 (610) 372-8427 Attorney for Plaintiff 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on March 31, 2000. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days afterMarch 31, 2000. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Bar Association Cumberland County 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. (;? 004 By: Charles J. P ' s, Esquire 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff CJ Li 1_i ? n v ? U Leisawitz Heller74bramowitch Phillips, P.C. Attorneys at Law derkshire Commons suite 400 2201 Ridgewood Road W06missind, P419610-1193 Area Code (610) 372-3500 3cax (610) 372-5671 yr L.VICCJ IA 1lrS 13ANK, -- CUMBERLAND COUNTY, PENNSYLVANIA N.A., SUCCESSOR BY MERGER TO CIVIL ACTION - LAW MERIDIAN BANK, PLAINTIFF NO. 99-4680-CIVIL Vs. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANT PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF BERKS 1, Charles J. Phillips, Esquire, being duly sworn according to law, depose and say that I served a true and correct copy of a Notice of Intent to Enter Default Judgment, a copy of which is attached hereto, marked as Exhibit "A" and is incorporated herein by reference, upon those individuals whose names and addresses appear below, via United States First Class Mail, postage prepaid, on October 12, 1999: Sworn to and subscribed before me this 12th day of October, 1999. Notary Public ($2.00) Werner F. Jonas 5141 Kylock Road Mechanicsburg, PA 11harlesJ-Ph' ps, Esquire ENOTARIAL SEAL OOD, Notary Public ks County, PA pires 7.26-2003 EXHIBIT "A" BURLINGTON CAPITAL CORPORATION, : IN THE COURT OF COMMON PLEAS ASSIGNEE OF CORESTATES BANK, CUMBERLAND COUNTY, PENNSYLVANIA N.A., SUCCESSOR BY MERGER TO CIVIL ACTION - LAW MERIDIAN BANK, PLAINTIFF : NO. 99-4680-CIVIL VS. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANT TO: WERNER F. JONAS DATED: OCTOBER 12, 1999 5141 KYLOCK ROAD MECHANICSBURG, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Bar Association Cumberland County 2 Liberty Avenue Carlisle, Pennsvlvania 17013 By:, Telephone: 717-249-3166 LEISAWITZ HELLER CEarles J. Phillips, E: 2201 Ridgewood Roai Wyomissing, PA 196 (610) 372-8427 Attorney for Plaintiff PHILLIPS, P.C. Suite 400 0 p `?? CV O 7 vd z f11? 03 C-3 r O o O Leisataitz Heller7gbrctmowitch Phillips, p. t?. attorneys at Caw rjerkshire Commons Suite 400 2201 Xidgewbod Roaa Arpa Code (610) 512-3500 Wyomissing, Aq 19610-1193 lax (610) 312-8677 ASSIGNEE OF CORESTATE BANK, N.A., SUCCESSOR BY MERGER TO MERIDIAN BANK, PLAINTIFF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4680-CIVIL VS. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA: ss: COUNTY OF BERKS I, Charles J. Phillips, Esquire, being duly swom according to law, depose and say that I served a true and correct copy of a Notice of Sheriffs Sale of Real Property, a copy of which is attached hereto, marked as Exhibit "A" and is incorporated herein by reference, upon those individuals whose names and addresses are attached hereto, marked as Exhibit "B": and is incorporated herein by reference, via first class mail, postage prepaid, on December 28, 1999. Charles J. Phillip , squire Sworn to and subscribed before me this 28" day of December, 1999. A j l c < K` Notary Public ( 2.00) NO=FLEISCHOOD.Nolary BARBARA Jry Public WyomPA My Com 003 EXHIBIT "A" BURLINGTON CAPITAL CORPORATION, ASSIGNEE OF CORESTATE BANK, N.A., SUCCESSOR BY MERGER TO MERIDIAN BANK, PLAINTIFF VS. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS IN TI IF. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4680-CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JUDGMENT HOLDER MORTGAGE HOLDER The real estate on which you have a lien which is located at 5141 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania, is scheduled to be sold at Sheriff's Sale of March I, 2000 at 10:00 A.M. in the Commissioners Hearing Room, I Courthouse Square, Carlisle, Pennsylvania to enforce the court judgment of $496,880.17, plus costs and for foreclosure and sale of the mortgage premises obtained by Plaintiff against Defendants. NOTICE OF LIENHOLDER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 2. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have ofstopping the sale (See notice on page three on how to obtain an attorney). YOU MAY STILL BE ABLE'r0 SAVE TI 1E PROPERTY AND YOU I1AVIi OTHER RIGHTS EVEN IF TIIE Sl IERIPF'S SALT: DOES TAKI? PLACE If the Sheriffs Sale is not stopped, the property will be sold to the highest bidder. You may find out the bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff. Defendants will remain the owner of the property as if the sale never happened. 5. The Defendants will have a right to remain in possession of the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time the buyer may bring legal proceedings to evict the Defendants. 6. You may be entitled to a share of the money which was paid for the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on March 31, 2000. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule is filed. 7. You may also have other rights and defenses, or ways of protecting your lien, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE, TIIF, OFFICE. LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Bar Association Cumberland County 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 LEISAWITZ HEILLER BRA )WITT11 PHILLIPS, I'.C. By: Cha es.1. Phiiii s list' ire 2201 Ridgewood toad. Suile 400 Wyomissing, PA 19610 (610)372.8427 Attorney tar Plaintiff EXHIBIT "B" Werner F. Jonas United States of America 5141 Kylock Road U.S. Department of Justice Mechanicsburg, PA 17055 Federal Building 228 Walnut Street Harrisburg, PA 17108 First Federal Savings and Loan Assoc. Pamela K. Jonas 5141 Kylock Road Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau Courthouse 1 Courthouse Square Carlisle, PA 17013 L C:; ? ': Ia'. i !.' t,. L ' ,,,, ?. >- ?.. Cv C ,? C t l ..r STATE OF PENNSYLVANIA, t COUNTY OF CUMBERLAND J Ss. Robert P Ziegler h --------------------------------- ------------------ Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which --------- ------------- ----------------------------------------------------- is the grantee 3rd the same having been sold to said grantee on the ----------------------------------------------- day of - March iy00------ under and by virtue of a writ______________ Execution 14th ------------------------------------------------issued on the ------------------------------------- December 99 day of __________________________ A. D., 19______, out of the Court of Comman Pleas of said County as of Civil _ Term, 1932---- 4680 Burlington Capital Corp assignee of Corestates Bank N A Number----- - ------ at the suitof ------------- --- --- - -- - ----------- - succesa'or y merger to Flerfaiari Bank WErner F Jonas ----------------------------------- against---------------------------------------------------- is 19 duly recorded in Sheriffs Deed Book No------ Z - Page 799 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of ------ `/???`--------------- -1- A. D., -I9 2Lgnu R=5;?der of Deeds flsestdMOfOsstU dw6plta0pe ?t? /g My CmisYtttiee EsONat IM FIAT WoOq NJr t1? Burlington Capital Corp., assignee of In the Court of Common Pleas of Corestates Bank, N.A., successor by merger Cumberland County, Pennsylvania To Meridian Bank No. 99-4680 Civil -vs- Werner F. Jonas Dawn L. Kell, Deputy Sheriff who being duly sworn according to law, says on January 5, 2000 at 2:34 o'clock P.M. EDST, she served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the property of Werner Jonas located at 5141 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. Shannon M. Sunday Deputy Sheriff, who being duly sworn according to law, says on January 7, 2000 at 12:40 o'clock P.M. EDST, she served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the within named defendant to wit: Werner Jonas by making known unto Werner Jonas at 5141 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and attested copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the defendant Werner Jonas by regular mail to his last known address 5141 Kylock Road, Mechanicsburg, Pennsylvania. This letter was mailed under the date of January 8, 2000 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff who being duly swom according to law, says that after duel and legal notice had been given according to law, exposed the within described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania in March 3, 2000 at 10:00 o'clock A.M. EST and sold the same for the sum of $ 116,600.00 to Attorney James Clippinger for Wolfgang Ludwig. It being the highest bid and best priced received for the same Wolfgang Ludwig of 1485 Old Highway 98. Destin. Florida being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 124,419.36 it being bid price transfer taxes etc. Sheriff's Costs: Docketing 30.00 Poundage 2332.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 7.44 Certified Mail 1,95 Levy 15.00 Surcharge 16.00 Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed Sworn and Subscribed To Before Me 200.00 386.30 234.53 25.08 25.00 26.50 $ 3,371.30 Pd By Atty 03/05/00 This d?-Day of, _Qg?-? 2000,A.D. C Q. P o onotary ?A ae-? R. Thomas Kline, Sheriff By _ti AZ7,- Real Estate Deputy o ? y e/z_ ,2 s i P o SCHEDULE OF DISTRIBUTION SALE # 53 Date filled March 30,2000 Writ No. 99-4680 Civil Burlington Capital Corp. Assignee of Corestates Bank N.A. Successor by Merger to Meridian Bank -vs- Werner F. Jonas 5141 Kylock Road Mechanicbsurg, PA Sale Date March 1, 2000 Bid Price $ 116,600.00 Buyer Attorney James Clippinger Real Debt Atty Writ Costs DISTRIBUTION Amount collected Sheriff's Costs Legal Search Transfer Taxes State Transfer Taxes local 2000 County Library Township Taxes Credit Writ No. 99-4680 with $ 496,880.17 177.50 $ 497,057.67 124,419.36 3,171.30 200.00 2,643.68 2,643.68 530.15 115.230.55 $ 000,000.00 Refund Advance costs $ 1000.00 So e .?C R. Thomas Kline, Sheriff By Real Estate Deputy TITLE REPORT Commonwealth Land Title Insurance Company THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 53 Held Wednesday, March 1, 2000 Date: March 14, 2000 TAXES: Receipts for all taxes for the years 1997 through 1999 inclusive. Taxes for the current year 2000. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2000, and recorded 2000, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Warner F. Jonas and Pamela Jonas, his wife, by Deed dated October 26, 1993 and recorded January 19, 1994 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "T", Volume 36, Page 461, granted and conveyed to Warner F. Jonas. OTHER EXCEPTIONS: 1.The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed 50-feet-wide Kylock Road. 6. Conditions easements and restrictions as shown on or set forth on Plan Number 10 of Fair Oaks recorded in Cumberland County Plan Book 20, Page 39 including the following: 30-foot setback line from the right-of-way line for Kylock Road; 75-foot right-of-way in favor of Pennsylvania Power and Light Company along the rear of the subject premises; 15-foot wide planting strip paralleling the right-of-way for the Pennsylvania Turnpike. 7. Building and use restrictions imposed by instrument recorded in Miscellaneous Record Book 183, Page 418. 8. Mortgage in the amount of $1,000,000.00 given by Warner F. Jonas and Pamela K. Jonas to Meridian Bank dated November 6, 1989 and recorded November 8, 1989 in Mortgage Book 998, Page 325. Assigned to Burlington Capital Corp. by instrument dated April 1, 1997 and recorded April 7, 1997 in Miscellaneous Record Book 544, Page 405. Assigned to Leo Bloom by instrument dated October 20, 1999 and recorded October 21, 1999 in Miscellaneous Record Book 628, Page 225. Complaint in mortgage foreclosure filed August 4, 1999 in the Office of the Prothonotary to file number 99-4680 by Burlington Capital Corporation as plaintiff against Warner F. Jonas. Default judgment entered December 14, 1999 in the amount of $496,880.17. 9. Mortgage in the amount of $60,000.00 given by Warner F. Jonas to Pamela K. Jonas dated December 14, 1993 and recorded December 27, 1993 in Mortgage Book 1188, Page 371. 10. Federal tax lien filed July 16, 1996 in the Office of the Prothonotary of Cumberland County to file number 96-4047 by the U.S. Treasury Department as plaintiff against Warner F. Jonas in the amount of $127,356.44. 11. Federal tax lien filed September 24, 1996 in the Office of the Prothonotary of Cumberland County to file number 96-5287 by the U.S. Treasury Department as plaintiff against Warner F. Jonas in the amount of $203,724.83. 12. Exemplify record from the U.S. District Court for the Middle District of Pennsylvania filed December 7, 1999 in the Office of the Prothonotary of Cumberland County to file number 99-7346 by the United States of America as plaintiff against Warner Jonas as defendant in the amount of $174,769.87. 13. Rights granted to the Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 70, Page 225. 14. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 107. Page 394. 15. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 141, Page 531. 16. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 186, Page 174. 17. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 191, Page 795. 18. Subject to license agreement between Smith Land and Improvement Corporation and Warner F. Jonas dated September 21, 1995 and recorded September 29, 1995 in Miscellaneous Record Book 505, Page 108 requiring the removal of a garden and fence encroaching on land now or formerly of Smith Land and Improvement Corporation. 19. No portion of the premises encroaching on property now or formerly of Smith Land and Improvement Corporation is covered by this report. 20. Right of access to the Pennsylvania Turnpike, a limited access highway, adjoining the subject premises to the south. 21. Easement over a portion of the property for highway purposes for the Pennsylvania Turnpike as shown in Plan Number 10 of Fair Oaks recorded in Plan Book 20, Page 39. 22. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriffs Sale in particular, Leo Bloom, assignee of record by assignment recorded in Miscellaneous Record Book 628, Page 225 was not listed as a lien holder receiving notification of Sheriffs Sale. 23. Real estate taxes accruing on and after July 1, 2000 not yet due and payable. IT IS TO BE NOTED THAT NO SEARCH OF DOMESTIC RELATIONS RECORDS HAVE BEEN MADE TO DETERMINE SUPPORT ARREARAGES REGARDING HOUSE BILL 1412, ACT 58 OF 1997, NOR HAS ANY SEARCH BEEN MADE FOR ENVIRONMENTAL LIENS IN FEDERAL DISTRICT COURT. I / \\\\\?% V x 7 Ro err G. Frey, Agent Note: This Title Report shall not byvafi"d or until countersigned by an authori signato REAL ESTATE BALE NO. 53 Writ No. 99-4680 Civil Burlington Capital Corporation, Assignee of CoreStates Bank. N.A.. Successor By Merger To Meridian Bank VS. Warner F. Jonas and United States of America Atty.: Charles J. Phillips ALL THAT CERTAIN piece or par- cel of land situate in Upper Allen Township, Cumberland County, Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Kylock Road at the dividing line between Lots Nos. 91 and 92 on the hereinafter mentioned plan of lots: thence along said divid- ing line South fifteen degrees forty minutes forty-nine seconds West a distance of two hundred nine and ninety-one one-hundredths feet to the right-of-way of the Pennsylvania Turnpike; thence along said T\rrn- pike right-of-way South seventy-five degrees eighteen minutes West a dis- tance of thirty-three and fifty-nine one-hundredths feet to a point: thence North forty-one degrees thirty-nine minutes West. a distance of one hun- dred sixty-six and forty-eight one- hundredths feet to the dividing line between Lots Nos. 92 and 93 on the hereinafter mentioned plan: thence along said dividing line North forty- two degrees nineteen minutes twenty- one seconds East a distance of one hundred seventy-seven and nine one- hundredths feet to the southern side of Kylock Road; thence along the southern side of Kylock Road along a curve to the left having a radius of two hundred feet, an are distance of ninety-three feet to the dividing line between Lots Nos. 91 and 92 on the hereinafter mentioned plan, at the point or place of BEGINNING. BEING Lot No. 92 on Plan No. Ten of Fair Oaks as recorded in the Cum- berland County Recorders Office in Plan Book 20, Page 39. HAVING thereon erected a two story aluminum dwelling house known and numbered as 5141 Ky- lock Road. BEING the same premises which Michael J. Bavllacqua, et ux. by their deed dated January 31. 1976 and recorded in the Recorder of Deeds Office of Cumberland County in Deed Book "L", volume 26. Page 220. granted and conveyed unto Warner F. Jonas and Pamela K. Jonas, his wife, the Grantors herein. UNDER AND SUBJECT to certain restrictions and conditions of record. BURLINGTON CAPITAL CORPORATION, ASSIGNEE OF CORES-I-ATE BANK, N.A., SUCCESSOR BY MERGER TO MERIDIAN BANK, PLAINTIFF VS. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4680-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 Charles J. Phillips, Esquire, and Leisawitz Heller Abratnowitch Phillips, P.C., attorneys for Plaintiff in the above action, being duly swom according to law, deposes and says that to the best of his knowledge, inlbrmation and belief, that as of the date of the filing of the Praecipe for Writ of Execution, the following information concerning the real property located at and known as 5141 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania was filed of record: Name and address of owner(s) or reputed owner(s): Werner F. Jonas, 5141 Kylock Road, Mechanicsburg, Pennsylvania 2. Name and address of defendant(s) in the judgment: Werner F. Jonas, 5141 Kylock Road, Mechanicsburg, Pennsylvania United States of America, U.S. Department of Justice, Federal Building, 228 Walnut Street, Harrisburg, Pennsylvania, 17108. 3. Name and address of every judgment creditor whosejudgment is a record lien on the real property to be sold: a. Burlington Capital Corporation, Assignee of Corestates Bank, N.A., Successor by Merger to Meridian Bank, 713 South 22nd Street, Harrisburg, PA 17104. b. First Federal Savings and Loan Association, Harrisburg, PA C. Pamela K. Jonas, 5141 Kylock Road, Mechanicsburg, PA d. Internal Revenue Service, United States of America, U.S. Department of Justice, Federal Building, 228 Walnut Street, Harrisburg, PA 17108 C. Cumberland County Tax Claim Bureau, I Courthouse Square, Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: a. Burlington Capital Corporation, Assignee of Corestates Bank, N.A., Successor by Merger to Meridian Bank, 713 South 22nd Street, I larrisburg, PA 17104/ b. First Federal Savings and Loan Association, Harrisburg, PA C. Pamela K. Jonas, 5141 Kylock Road, Mechanicsburg, PA 5. Name and address of every other person who has any record lien on the properly: a. Burlington Capital Corporation, Assignee of Corestates Bank, N.A., Successor by Merger to Meridian Batik, 713 South 22"d Street, Harrisburg, PA 17104. b. First Federal Savings and Loan Association, Harrisburg, PA C. Pamela K. Jonas, 5141 Kylock Road, Mechanicsburg, PA d. Internal Revenue Service, United States of America, U.S. Department of Justice, Federal Building, 228 Walnut Street, Harrisburg, PA 17108 e. Cumberland County Tax Claim Bureau, 1 Courthouse Square, Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiffs have knowledge who has any interest in the property which may be affected by the sale: None I verily that the statements made in this Aliidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. LEI Sworn to and subscribed before me this day of (W J , 1999 A.D. 'Notary Public EAL , Notary Pu61ic unty , Pq 7-2g.Zpp3 anE PHILLIPS, P.C. 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 (610) 372-8427 Attorney for Plaintiff BURLINGTON CAPITAL CORPORATION, ASSIGNEE OF CORESTATE BANK, N.A., SUCCESSOR BY MERGER TO MERIDIAN BANK, PLAINTIFF VS. WERNER F. JONAS and UNITED STATES OF AMERICA, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4680-CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO R.C.P. 3129 OF THE SUPREME COURT OF PENNSYLVANIA TO: WERNER F. JONAS 5141 KYLOCK ROAD MECHANICSBURG, PA 17055 UNITED STATES OF AMERICA U.S. DEPARTMENT OF JUSTICE FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17108 Your property (real estate) at 5141 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania is scheduled to be sold at Sheriffs Sale on March 1, 2000 at 10:00 A.M., in the Commissioners Hearing Room, I Courthouse Square, Carlisle, Pennsylvania to enforce the court judgment of $496,880.17, plus costs and for foreclosure and sale of the mortgage premises obtained by Burlington Capital Corporation, Assignees of Corestates Bank, N.A. by Merger to Meridian Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Burlington Capital Corporation, Assignees of Corestates Bank. N.A. by Merger to Meridian Bank in the amounts due and owing, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: Charles J. Phillips. Esquire Leisawitz Heller Abramowitch Phillips, P.C. 2201 Ridgewood Road, Suite 400 Wyomissing. PA 19610 (610)372.8427 Attorney for Plaintiff 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on March 31, 2000. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days afterMarch 31, 2000. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CANGET LEGAL HELP. Bar Association Cumberland County 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: 9f 004 Charles J. Pl ' ' s, Esquire 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff ALL 'I'I IAT CER'T'AIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNINU at a point on the southern side of Kylock Road at the dividing line between Lots Nos. 91 and 92 on the hereinafter mentioned plan of lots; thence along said dividing line South Gileeu degrees forty minutes forty-nine seconds West a distance of two hundred nine and nincly-onc one-hundredths feet to the right-of-way of the Penisylvania Turnpike; thence along said'1'urnpike right-of-way South seventy-five degrees eighteen minutes West a distance of thirty-three and fillyaninc one-hundredths feet to a point; thence North forty-one degrees thirty- niuc minutes Wcsl, a distance of one hundred sixty-six and forty-eight one-hundredths feel to the dividing line between Lots Nos. 92 and 93 oil the hereinafter mentioned plan; thence along said dividing line North forty-two degrees nineteen minutes twenty-one seconds East a distance of one hundred seventy-seven and nine one-landredlhs feet to the southern side of Kylock Road; thence along the southern side of Kylock Road along a curve to the left having a radius of two hundred feet, au arc distance of ninety-three feet to the dividing line between Lots Nos. 91 and 92 un the hereinafter mentioned plan, at the point or place of BEGINNING. BEING Lot No. 92 oil Plan No. Ten of Fair Oaks as recorded in the Cumberland County Kecordcr's Office in Plan Book 20, Page 39. HAVING thereon erected a two story alauinuni'dwelling house known and numbered as 5111 Kylock Road. BEING the same premises which Michael J. Bavilacqua, et ux, by their deed dated January 31, 1976 and recorded in the Recorder of Deeds Office of Cumberland County in Deed Book "L", Voli ne 26, Page 220, granted and conveyed unto Warner F. Jonas and Pamela K. Jonas, his wife, (lie Grantors herein. UNDER AND SUBJECT to certain restrictions and conditions of record. ..01 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND To satisfy the debt, interest and costs due N0. 99-4680 CIVIL 19 _ CIVIL ACTION - LAW L.L. Corestate Bank, N.A.,, successor by merger to Meridian Bank PLAINTIFF(S) from Werner F. Jonas, 5141 Kylock Rd., Mechanicsburg PA 17055and USA, U S Dept of Justice, Federal Bldg., 228 Walnut: St., Harrisburg PA (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 5141 Kylock Rd., Mechanicsburg PA 17055 (See attached legal description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyrofthe defendant(s) not leviedupon an subjectto attachment isfound in the possession of anyoneother than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $496,880.17 Interest Atfy's Comm Atty Paid _ Plaintiff Paid Date: December 14, 1999 REQUESTING PARTY: Name Charles J. Phillips, Esq. Address: Attorney for $.50 Due Prothy $1.00 Other Costs CUMS R. LONG Prothor tary, Civil Division by: U Deputy 2201 Ridgewood Rd., Ste. 400 Wyomissing PA 19610 Plaintiff Burlington Capital Corp., assignee of Telephone: (610) 372-8427 Supreme Court ID No. REAL: ES?'ATE I.F A!r1O .Jil va 2", 991 iii- ni14:;Ii iav!°3{1 upo11, tiia U'G'to;!daiii.j _< rep ??`- ??^^? interest in the real pr%j-,v; S:*'Iuat " in C:lfiibCr?.-1.v (;";t i G.,, Pa., I' w.li"i 1+1 y? j?yyj'?. Ci?•'u !•..? r t?.;i ? 1.::.:,..riIUG'L on Gllli Uit ,rA„ 1{iEd YV1lf1 :?.? r r., r•gry n this „rit ?;n:; hy tijf? in.,c.rpo riert herein. Oat°:a h 4ss By a Carr- , C SO m q? 330 L, T J c-D r T. 0 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ret No. 597, Ronreo d M-u I Commonwealth of Pennsylvania, County of Dauphin) as Frsnk J. Epter being duly sworn according to low, deposes and says: That he Is the Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 41h, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which Is securely attached hereto is exactly as printed and published In their regular dally and/or Sunday and Metro editions/issues which appeared on the 25th day of January and the let and 8th day(s) of February 2000. That neither he nor said Company is Interested In the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin In Miscellaneous Book "M", Volume 14, Page 317. 11 __ PUBLICATION - l ti COPY `, r this 25 sy Febr rm to and QlIbsclliiW' S A L E "3 Notarial Seal Terry L. Russell, Notary Public Harrisburg, Dauphin County NOTARY PUBLIC MY Commission Expires June 6, 2002 R"L T ATE SALE 99. aNo. 53 Member, Pennsylvania Association of N?NaOmmission expires June S, 2002 cjtpton Gp Hal c4aaf CUMBERLAND COUNTY SHERIFFS OFFICE ranee of ertnk; N.A., COURTHOUSE Suc dte ylairYo CARLISLE, PA. 17013 Statement of Adv rUsing Costs To THE PATRIOT-NEWS CO., Dr. or For publishing the notice or publication attached Ben hereto on the above stated dates $ 233.03 of Probating same Notary Fee(s) $ 1.50 ;' to Total $ 234.53 the 'hiherIa Receipt for Advertising Cost is of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general ees eipt of the aforesaid notice and publication costs and certifies that the same have ire THE PATRIOT-NEWS 00. eet he B Inc Y ................................................................"-- k of one hundred forty-eight one- lo the dividing line ts. 92 and 93 on the tioned plan, at the BEGINNING. 92 on Plan No. Ten . ernrded in the ercetedatwo veiling house as 5141 Kylock " et A -L =STATE 51.LE N0 53 sI,000.00Ad-:anceCostsPaid 12/20/99 Aa:. Charles J. Phillips Assessed V3luadon S 17,450.00 WT,JT NO. 1999-4680 Civil Burlington Capital Corp. assignee of Corestates Bank,N.A., successor by merger to Merdian B&Vk PEAL DEET I`r -.1h R E S T AT- I'S FEES WRll COSTS ATT Y ESCROW LATE CHARGE SHERIFF'S COSTS Dock.-:ine Poundaee Posin6- Bills Adv=isine Ackton•led&ins Dee Auction..-t. La%v Librar- C o unr: Nflea Ce:t Mail Lei: Postpone Sale Surcharge Werner F. Jonas and The United States of AMerica 5141 Kylock Road Mechanicbsurg, PA $ 496,880.17 177.50 i e'%SI ?1i•Ch La.t• Jaansl Patio[ Share of Bills Dt5Ir1oL[lon of P:OC°e=5 She:, s Det^s STAMPS Pa T:1ns fez Tax T%%- or 3oro Transfer T ax TA YES 30.00 2332.00 15.00 15.00 30.00 10.00 .50 1.00 7.44 1.95 15.00 16.00 200.00 386.30 234.53 25.08 25.00 26.50 2000 County Library & Township Taxes 530.15 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swom, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication ofall legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, ARY Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. Sa Writ No. 99-4680 Civil i -r----- Burlington Capital Corporation. Ro er M. Morgenthal, Editor Assignee of Corestates Bank. N.A.. Successor By Merger To Merldlan Bank SWORN TO AND SUBSCRIBED before me this °S• 4 day of FEBRUARY 2000 Warner F. Jonas and United States of America Atty.: Charles J. Phillips ALL THAT CERTAIN piece or par- cel of land situate in Upper Allen Township. Cumberland County. Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Kylock Road at the dividing line between Lots Nos. 91 and 92 on the hereinafter mentioned plan of lots; thence along said dlvld- Ing line South fifteen degrees forty minutes forty-nine seconds West a distance of two hundred nine and ninety-one one-hundredths feet to i the right-of-way of the Pennsylvania 7Lmplke; thence along said Turn. pike right-of-way South seventy-five degrees eighteen minutes West a dis. tance of thirty-three and fifty-nine one-hundredOnfeet Loa point: thence North forty-one degrees thirty-time minutes West, adistance orone hun- dred sixty-six and forty-eight one- hundredths feet to the dividing line between Lots Nos. 92 and 93 on the hereinafter mentioned plan: ihenre along said dividing line North forty- two degrees nineteen minutes twenty- one seconds East a distance of one hundred seventy-seven and nine one- hundredths feet to the southern side of Kylock Road; thence along the southern side of Kylock Road along a curve to the left having a radius of two hundred feet, an arc distance of ninety-lbree feet to the dividing line between Lots Nos. 91 and 92 on the herehtaRer mentioned plan. at the point or place of BEGINNING. BEING Lot No. 92 on Plan No. Ten Of Fair Oaks as recorded in the Curer bxrland County Recorder's Office m O1__ _ _ LOIS E. SNYDER, NoMo Publk Codi>!• 11010, :,mbsrlond Count, PA M Cuinmirli0ri Experae March S, 29111 l? STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swom, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 21, 28, FEBRUARY- 4, 2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 53 Writ No. 99-4680 Civil Burlington Capital Corporation. Assignee of CoreStates Bank, N.A., Successor By Merger To Meridian Bank VS. Warner F. Jonas and United States of America Atty.: Charles J. Phillips ALL THAT CERTAIN piece or par- cel of land situate in Upper Allen Township, Cumberland County, Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Kylock Road at the dividing line between Lots Nos. 91 and 92 on the hereinafter mentioned plan of lots; thence along said divid- ing line South fifteen degrees forty minutes forty-nine seconds West a distance of two hundred nine and ninety-one one-hundredths feet to the right-of-way of the Pennsylvania Turnpike; thence along said Turn- pike right-of-way South seventy-five degrees eighteen minutes West a dis. tance of thirty-three and fifty-nine one-htmdredthefeet to a point: thence North forty-one degrees thirty-nine minutes West, a distance of one hun- dred sixty-six and forty-eight one- hundredths feet to the dividing line between Lots Nos. 92 and 93 on the hereinafter mentioned plan; thence along sold dividing line North forty- two degrees nineteen minutes twenty- one seconds East a distance of one hundred seventy-seven and nine one- hundredths feet to the southern side of Kylock Road; thence along the southern side of Kylock Road along a curve to the left having a radius of two hundred feet, an arc distance of ninety-three feet to the dividing line between Lots Nos. 91 and 92 on the hereinafter mentioned plan. at the point or place of BEGINNING. I BEING Lot No. 92 on Plan No. Ten 117 air Oaks as recorded in the Cum- rder's Office In Ixrland County Reco Plan Book 20, Page 39. HAVING thereon erected a two story aluminum dwelling house known and numbered as 5141 Ky- lock Road. BEING the same premises which Michael J. Bavllacqua, et ux. by their deed dated January 31. 1976 and recorded in the Recorder of Deeds Office of Cumberland County in Deed Book "L", Volume 26. Page 220. granted and conveyed unto Warner F. Jonas and Pamela K. Jonas. his wife, the Grantors herein. UNDER AND SUBJECT to certain restrictions and conditions of record. Ro er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 4 day of. FEBRUARY. 2000 LOIS E. SNYDER, Notary public Carl'" Bono, Cumberland County , PA My Cwnmixsicn Expires Alarch 3, 2001 i f i- r[ .:i