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HomeMy WebLinkAbout07-2818METTE, EVANS & WOODSIDE Lloyd R. Persun, Esquire Identification No. 10139 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS OF N.A., assignee by assignment from CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. DOCKET NO. (? - ?-? I g G1 J I '?? cr+ ISTVAN CSIZMADIA also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 I 1 METTE, EVANS & WOODSIDE Lloyd R. Persun, Esquire Identification No. 10139 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) COMMERCE BANK/HARRISBURG, N.A., assignee by assignment from Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. ISTVAN CSIZMADIA also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 6 ?? 1 ?? I fcr.?. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this 4`h day of May, 2007, Plaintiff, COMMERCE BANK/HARRISBURG, N.A., assignee by assignment from Sovereign Bank, which is successor by merger to Waypoint Bank, by its attorneys files the following Complaint in Mortgage Foreclosure: Plaintiff is Commerce Bank/Harrisburg, N.A., a national banking institution which maintains offices at Commerce Center, 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. Defendants are Istvan Csizmadia, also known as Istvan Csizmadia, Jr., an adult individual whose residence address is 228 Lincoln Street, Marysville, Pennsylvania 17053 (Csizmadia), and Tracey S. Stepler, also known as Tracey Scott Stepler, an adult individual whose residence address is 411 Landsvale Street, Marysville, Pennsylvania 17053 (Stepler). 3. On April 2, 2003, Kontrol Masonry and Stonesetters, Inc. (Kontrol), a Pennsylvania corporation, executed and delivered to Waypoint Bank a Promissory Note in the original principal of Twenty-Five Thousand Dollars ($25,000.00). Kontrol executed and delivered to Waypoint Bank Change in Terms Agreements on July 20, 2003 and January 8, 2004 and a Third Modification Agreement on May 30, 2006. Such Promissory Note, Change in Terms Agreements and Third Modification Agreement are attached hereto as Exhibit "A" and made a part hereof (collectively the "Note"). 4. Kontrol's payment and performance of its obligations under the Note are secured by a lien and security interest created by an Open-End Mortgage executed by Stepler as grantor in favor of Waypoint Bank as lender on January 8, 2004 and recorded in the Cumberland County Recorder of Deeds Office on January 20, 2004 in Mortgage Book 1851, Page 3619. A true and correct copy of the Open-End Mortgage is attached hereto as Exhibit "B" and made a part hereof (the "Mortgage"). 2 5. Waypoint Bank was merged into Sovereign Bank as the surviving corporation (Sovereign). Sovereign assigned the Note and the Mortgage to Plaintiff by Allonge and Assignment attached hereto as Exhibits "C" and "D" respectively and made a part hereof. The Assignment was recorded on January 30, 2007 in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 734, Page 6. 6. The real property subject to the Mortgage is located at and known as 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania, as more particularly described in the Mortgage (the "Real Property"). 7. Csizmadia is the real owner of the Real Property, having acquired it as grantee from Stepler as grantor by deed dated March 30, 2006 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 273, Page 4484 (the "Deed"). A true and correct copy of the Deed and its realty transfer tax statement of value are attached hereto as Exhibit "E" and made a part hereof. 8. The Deed was a deed in lieu of foreclosure of the Mortgage dated February 13, 2006 and recorded February 17, 2006 in the Cumberland County Recorder of Deeds Office in Mortgage Book 1940, Page 3967, thereby extinguishing such mortgage. 9. The indebtedness evidenced by the Note and secured by the Mortgage is in default. Kontrol failed to make monthly payments due for March 2007 and April 2007. 10. As of April 30, 2007, the amount of the indebtedness evidenced by the Note and secured by the Mortgage was $26,076.76, consisting of principal in the amount of $25,438.54, interest in the amount of $562.66 and late fees in the amount of $75.56, plus interest after April 30, 2007 at the rate of 3.00 percentage points above the Index as provided and calculated in the Note, any additional late fees, all costs, attorneys' fees and expenses. 11. Plaintiff is entitled to Judgment in Mortgage Foreclosure. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment in Mortgage Foreclosure in its favor and against Defendants in the amount of $26,076.76 together with interest thereon after April 30, 2006 at the rate of 3.00 percentage points above the Index as provided and calculated in the Note, any additional late fees, all costs, attorneys' fees and expenses and authorizing the sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. Respectfully submitted, Lloyd Persun, Esquire I.D. . 10139 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff 4 VERIFICATION I, Angela A. Masser, Vice President of Commerce Bank/Harrisburg, N.A., have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that as such Vice President I am authorized to executed this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. /I AAfA Angela A. Masser Dated: May 4 , 2007 4704080 r-, " k; 6 It A PROMISSORY NOTE Borrower: Kontrol Masonry and Stonesteters Inc Lender: Waypoint Bank 228 Lincoln Street 235 North Second Street Marysville, PA 17053 P.O. Box 1711 Harrisburg, PA 17105 Principal Amount: $25,000.00 Date of Note: April 2, 2003 PROMISE TO PAY. Kontrol Masonry and Stonesteters Inc ("Borrower") promises to pay to Waypoint Bank ("Lender"), or order, In lawful money of the United Stales of America, the principal amount of Twenty-five Thousand & 00/100 Dollars ($25,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in one payment of all outstanding principal plus all accrued unpaid Interest on April 2, 2006. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning May 2, 2003, with all subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. The annual Interest rate for this Note Is computed on a 365/360 basis; that Is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is Lender's Prime Rate (the "Index"). This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each Day. Borrower understands that Lender may make loans based on other rates as well. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Waypoint Bank , 235 North Second Street, P.O. Box 1711, Harrisburg, PA 17105. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 3.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and PROMISSORY NOTE Loan No: 8875003728 (Continued) Paye 2 thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested either orally or in writing by Borrower or as provided in this paragraph. Lender may, but need not, require that all oral requests be confirmed in writing. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Note if: (A) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Note; (B) Borrower or any guarantor ceases doing business or is insolvent; (C) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan with Lender; or (D) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender. SECURITY. All collateral (as herein defined) is security for this Note and any renewals, extensions and modifications thereof, and the payment, performance and discharge of all other present or future indebtedness, obligations and undertakings (whether individual, joint, several, direct, contingent or otherwise) of the Borrower to or for the benefit of Lender, whether arising directly to Lender under this Note or under any other agreement, promissory note or undertakings now existing or hereinafter entered into by the Borrower to the Lender. The term "Collateral" includes all tangible and intangible property (i) described in any mortgage, assignment or other security document separately executed in favor of Lender, and (ii) in which a security interest has been granted to Lender pursuant to this Note. DISCLOSURE TO BORROWER FOR CONFESSION OF JUDGMENT. An exhibit, titled "Disclosure for Confession of Judgment," is attached to this Note and by this reference is made a part of this Note just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE Loan No: 8875003728 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: LENDER: WAYPOINT BANK A X Authorized Signer KONTR L SONRY ANDS NES RS INC BY (Seal) Tracey Cott ler, Preside of ontrol Masonry and Stonesteters Inc By: (Seal) Istvan Csizmadia, Treasurer of Kontrol Masonry and Stonesteters Inc LASER PRO Lending. V,r. 1.70.00.010 COPT. H-1a10 F--l SPluh.... Inc. 1997, 2001. All R69ht• Rever-0. - PA 1:1CF1iLPL10201C TR-2216 PR-21 G : NGE IN TERMS AGREEML_ Borrower: Kontrol Masonry and Stonesteters Inc Lender: Waypoint Bank 228 Lincoln Street 235 North Second Street Marysville, PA 17053 P.O. Box 1711 Harrisburg, PA 17105 Principal Amount: $35,000.00 Date of Agreement: July 23, 2003 DESCRIPTION OF EXISTING INDEBTEDNESS. On April 2, 2003 Borrower executed and delivered to Lender a Promissory Note in the original principal amount of Twenty-Five Thousand Dollars ($25,000.00). DESCRIPTION OF CHANGE IN TERMS. Effective the date of this Agreement, Lender and Borrower have agreed to an increase in the Note to Thirty-Five Thousand Dollars ($35,000.00). PROMISE TO PAY. Kontrol Masonry and Stonesteters Inc ("Borrower") promises to pay to Waypoint Bank ("Lender"), or order, In lawful money of the United States of America, the principal amount of Thirty-five Thousand 6 00/100 Dollars ($35,000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in one payment of all outstanding principal plus all accrued unpaid Interest on April 2, 2006. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning August 2, 2003, with all subsequent Interest payments to be due on the same day of each month after that. Interest on this Agreement is computed on a 365/360 simple interest basis; that Is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Agreement is subject to change from time to time based on changes in an index which is Lender's Prime Rate (the "Index"). This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each Day. Borrower understands that Lender may make loans based on other rates as well. The interest rate to be applied to the unpaid principal balance of the Note will be at a rate of 1.000 percentage point over the Index. NOTICE: Under no circumstances will the interest rate on the Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Waypoint Bank , 235 North Second Street, P.O. Box 1711, Harrisburg, PA 17105. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Agreement to 3.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgment at the interest rate applicable to this Agreement at the time judgment is entered. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to perform Borrower's obligations under this Agreement or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. 'MANGE IN TERMS AGREEMENI Loan No: 8875003728 (Continued) Page 2 Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Agreement and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Agreement will be governed by, construed and enforced In accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Agreement has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. LINE OF CREDIT. This Agreement evidences a revolving line of credit. Advances under this Agreement may be requested either orally or in writing by Borrower or as provided in this paragraph. Lender may, but need not, require that all oral requests be confirmed in writing. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Agreement at any time may be evidenced by endorsements on this Agreement or by Lender's internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Agreement if: (A) Borrower or any guarantor is in default under the terms of this Agreement or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Agreement; (B) Borrower or any guarantor ceases doing business or is insolvent; (C) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Agreement or any other loan with Lender; or (D) Borrower has applied funds provided pursuant to this Agreement for purposes other than those authorized by Lender. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. DISCLOSURE TO BORROWER FOR CONFESSION OF JUDGMENT. An exhibit, titled "DISCLOSURE FOR CONFESSION OF JUDGMENT," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. CONTINUED-ON NEXT PAGE RANGE IN TERMS AGREEMEN', Loan No: 8875003728 (Continued) Page 3 PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: KON OL ASONRY D iStSITITERS INC BY: (Seal) rac Scot tepler, resident of Kontrol Masonry and Stonesteters Inc f (Seal) Istvan Csizmadia, Treasurer of Kontrol Masonry and Stonesteters Inc LENDER: WAYPOINT BANK Authorized Signer LASER PRO Lcn0lnp, Var. 3.30, 00.010 Copr. H-.nO Fln-l9l Solutlont. Inc. 1997, 7002. All Flights Rcti9rv90. - PA I:1CFI1LPL%D20CfC TR-7215 PP-21 .F, AGE IN TERMS AGREEMtk Borrower: Kontrol Masonry and Stonesteters Inc Lender: Waypoint Bank 228 Lincoln Street 235 North Second Street Marysville, PA 17053 P.O. Box 1711 Harrisburg, PA 17105 Principal Amount: $100,000.00 Date of Agreement: January 8, 2004 DESCRIPTION OF EXISTING INDEBTEDNESS. On April 2, 2003 Borrower executed and delivered to Waypoint Bank, a Promissory Note in the original principal amount of Twenty Five Thousand Dollars ($25,000.00) with a subsequent Change in Terms Agreement dated July 23, 2003 increasing the Note to Thirty Five Thousand Dollars ($35,000.00). DESCRIPTION OF CHANGE IN TERMS. Effective the date of this Agreement, Lender and Borrower have agreed to increase the Note amount from Thirty Five Thousand Dollars ($35,000.00) to One Hundred Thousand Dollars ($100,000.00). PROMISE TO PAY. Kontrol Masonry and Stonesteters Inc ("Borrower") promises to pay to Waypoint Bank ("Lender"), or order, In lawful money of the United States of America, the principal amount of One Hundred Thousand & 00/100 Dollars ($100,000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan In one payment of all outstanding principal plus all accrued unpaid Interest on April 2, 2006. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning February 2, 2004, with all subsequent Interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this Agreement is computed on a 365/360 simple Interest basis; that Is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual- number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Agreement is subject to change from time to time based on changes in an index which is Lender's Prime Rate (the "Index"). This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each Day. Borrower understands that Lender may make loans based on other rates as well. The interest rate to be applied to the unpaid principal balance of the Note will be at a rate of 1.000 percentage point over the Index. NOTICE: Under no circumstances will the interest rate on the Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Waypoint Bank , 235 North Second Street, P.O. Box 1711, Harrisburg, PA 17105. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Agreement to 3.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgment at the interest rate applicable to this Agreement at the time judgment is entered. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to perform Borrower's obligations under this Agreement or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether b repossession or any other method, by any creditor of Borrower orb an by judicial proceeding, self-help, This includes a garnishment of any of Borrower's accounts, including depositraccounts, tgwith ender.t Hany collateral securing the owever, this Event of Default Indebtedness. apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. iANGE IN TERMS AGREEMENT Loan No: 8875003728 (Continued) Page 2 Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Cure Provisions. if any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Agreement and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Agreement will be governed by, construed and enforced In accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Agreement has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all-accounts-Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. LINE OF CREDIT. This Agreement evidences a revolving line of credit. Advances under this Agreement may be requested either orally or in writing by Borrower or as provided in this paragraph. Lender may, but need not, require that all oral requests be confirmed in writing. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the Instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Agreement at any time may be evidenced by endorsements on this Agreement or by Lender's internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Agreement if: (A) Borrower or any guarantor is in default under the terms of this Agreement or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Agreement; (B) Borrower or any guarantor ceases doing business or is insolvent; (C) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Agreement or any other loan with Lender; or (D) Borrower has applied funds provided pursuant to this Agreement for purposes other than those authorized by Lender. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. DISCLOSURE TO BORROWER FOR CONFESSION OF JUDGMENT. An exhibit, titled "DISCLOSURE FOR CONFESSION OF JUDGMENT" is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. rnu71u1 Wn nw WFYT aer_F IANGE IN TERMS AGREEMENT Loan No: 8875003728 (Continued) Page 3 PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER KgMTROL MASO?IRY ANI?S?ONESTETERS INC BY? . AZ1 JL4? (Seal) By'°. (Seal) Tracey Cott Stepler, President of Kontrol Masonry I tvan Csizmadia, Treasurer o` ontrol Masonry and Stonesteters Inc and Stonesteters Inc LENDER: WAYPOINT BANK X ?ii iW Authorized Signer LASER PRO L?nEln9, v a r. 5.22.00.001 Cayr, n.,InJ Fln?nsi?l SOIV1i0M, Int. 1997, 2004. All Right, I409tirved. - PA IAA-FI%LPL1070CfC 7R-1716 PP-21 #Sovereign Banksk, THIRD MODIFICATION AGREEMENT THIS MODIFICATION AGREEMENT, dated as of the 3©]Yday of May, 2006 (this "Agreement"), is by and between SOVEREIGN BANK, a federal savings bank, successor to Waypoint Bank, having an address of 619 Alexander Road, Princeton, NJ 08540 (the "Lender"), Kontrol Masonry and Stonesteters Inc., having an address of 228 Lincoln Street, Marysville, PA 17053 (the "Borrowel, Tracey Scott Stepler, having an address of 411 Lansvale Street, Marysville, PA 17053 and lstvan Csizmadia, having an address of P.O. Box 182, Marysville, PA 17053 (the "Guarantors"). The Borrower and Guarantors are referred to herein individually as an "Obligor" and collectively as "Obligors". WHEREAS, as of the date hereof, the Borrower is indebted to the Lender (the "Loan's pursuant to the terms of a certain Line of Credit evidenced by a Promissory Note dated April 2, 2003, from Borrower to Lender, in the original principal amount of Twenty Five Thousand and 00/100 Dollars ($25,000.00), subsequently increased to $35,000.00, then subsequently increased to $100,000.00 (the "Principal Amount"), with a current principal balance of $79,442.26 (the "Note"}. The Note has a term of three (3) years and is due and payable in full on April 2, 2006 (the "Maturity Datel; WHEREAS, the Note provides for interest to accrue on the unpaid principal balance at a variable rate equal to the Lender's Prime Rate plus 1.00%, subject to change as and when the Lender's Prime Rate changes (the "Interest Rate"); WHEREAS, the Note provides for the Borrower to make regular monthly payments of all accrued unpaid interest, due as of each payment date, beginning May 2, 2003, with all subsequent interest payments due on the same day of each month after that (the 'Payment Terms"); WHEREAS, as security for the Loan, pursuant to the Commercial Security Agreement of even date, the Borrower granted Lender a first priority lien on all of its business assets; WHEREAS, as further security for the Loan, by their Guaranty dated April 2, 2003, the Guarantors guaranteed the full and faithful performance of all of the Borrower's obligations to Lender with respect to the Loan and the Loan Documents (the "Guaranty"); WHEREAS, on July 23, 2003, a Change in Terms Agreement was executed increasing the Principal Amount of the Note and availability under the Line of Credit from $25,000.00 to $35,000.00 at any time (the "First Modification'; WHEREAS, on January 8, 2004, a Change in Terms Agreement was executed increasing the Principal Amount of the Note and availability under the Line of Credit from $35,000.00 to $100,000.00 at any time. In addition, the following three (3) Mortgages were added as further security for the Loan: (1) an Open-End Mortgage and Assignment of Rents granted by Kontrol Construction Company (the "Grantor"), encumbering certain real property located in the Borough of Marysville, PA, commonly known as 214 State Road, Marysville, PA 17053 (the "Propertyl, which Mortgage and Assignment of Rents was recorded in the Perry County Recorder of Deeds Office; (2) an Open-End Mortgage granted by Tracey S. Stepler (the "Grantor"), encumbering certain real property located in the Township of Lower Allen, PA, commonly known as 3705 Lisburn Road, Township of Lower Allen, PA (the "Property"), which Mortgage was recorded on January 20, 2004 in the Cumberland County Recorder of Deeds Office in Book 1851 at Page 3619; (3) an Open-End Mortgage granted by Istvan Csizmadia, Jr. (the "Grantor', encumbering certain real property located in the Township of Lower Allen, PA, commonly known as 3713 Lisburn Road, Township of Lower Allen, PA (the "Property', which Mortgage was recorded on January 22, 2004 in the Cumberland County Recorder of Deeds Office in Book 1851 at Page 4566 (the 'Second Modification"); WHEREAS, the Note and all other documents and instruments executed in connection with or relating to the Loan are referred to herein, collectively, as the "Loan Documents", and, unless otherwise specified, all defined terms in the Loan Documents will have the same meaning herein as in the Loan Documents; WHEREAS, with respect to the Loan and the Loan Documents, the Lender is the owner and holder of the Loan and the Loan Documents and, as such, the Borrower is indebted to the Lender therefor and thereunder; .. J/ t. I I I. V V U .J n J. L I i AA ly(JV V J / VVJ Konl•ol Masonry and Stonesteters In Loan #0051656424-26134 WHEREAS, it is mutually beneficial and agreeable to the Borrower and the Lender that the Loan be modified in accordance with the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt of which is hereby acknowledged as having been received and intending to be legally bound hereby, the Borrower and the Lender agree as follows: Recitals and Representations Accurate. The above recitals are hereby made a part of this Agreement. The Borrower acknowledges and agrees that each of the recitals is true and correct. , Modifications of the Loan. 1. All references in the Loan Documents to "Lender" or "Waypoint Bank" shall hereafter mean Sovereign Bank, its successors and assigns. The Lender's address, for all purposes, shall be as set forth in the first paragraph of this Agreement. 2. The current principal balance on the Note shall be termed out over a period of two (2) years and will now be due and payable in full on June 2, 2008 (the "Maturity Date"). No further advances shall be permitted on the Loan. 3. The Interest Rate on the Note is hereby changed to a fixed rate of 8.75% per annum. 4. The Borrower will now make equal monthly payments of principal and interest, based on a 17-year amortization schedule, in the amount of $755.71 each, beginning July 2, 2006, with all subsequent principal and interest payments due on the same day of each month after that Borrower's final balloon payment, due June 2, 2008, will be for all principal, accrued unpaid interest and all applicable fees and loan charges, if any, not yet paid. Ratification. Each Obligor, as applicable, hereby ratifies and confirms all of the terms and conditions of each of the Loan Documents. Except as expressly modified by this Agreement, the terms of the Loan, as set forth in the Loan Documents, shall remain unchanged and in full force and effect. Consent by the Lender to this Agreement shall not be construed as a waiver of the Lender's right to require strict performance of the Borrower's obligations under the Loan Documents, or obligate the Lender to make any future amendments to the terms of the Loan. Nothing in this Agreement will constitute a satisfaction of the Loan or the Borrower's obligations under the Loan Documents. Continuation of Security Interest Nothing in this Agreement shall be construed as limiting any interest the Lender may have in any collateral for the Loan. The Borrower confirms the effectiveness and the terms of the Loan Agreement and agrees that the Lender's security interest shall not be impaired by the terms of this Agreement. Representations and Warranties. Each Obligor, as applicable, hereby represents and warrants to the Lender that (a) If any Obligor is not a natural person, the person executing this Agreement on behalf of such Obligor is duly authorized to execute this Agreement and to bind such Obligor to the terms hereof; (b) This Agreement is a valid and binding obligation of each Obligor; (c) All financial statements delivered to the Lender were true accurate and complete, in all material respects, as of the date of delivery to the Lender; (d) Since the date the Loan was made there has been no material adverse change in the condition, financial or otherwise, of any Obligor, except as disclosed to the Lender in writing; (e) Each Obligor has filed all of the tax returns that it is required,to file; 2 •Kontrol Masonry and Stonesteters In, Lain #0051656424-26134 (f) There exists no action, suit, proceeding or investigation, at law or in equity, before any court, board, administrative body or other entity, pending or threatened, affecting any Obligor or its property, wherein an unfavorable decision, ruling or finding would materially adversely affect the business operations, property or financial condition of such Obligor; and (g) There exists no material default, or other circumstance that with the passage of time will become a default, under any of the Loan Documents. Applicable Law. The validity and enforceability of this Agreement shall be governed and construed in accordance with the laws of the state of Lender's address set forth in the first paragraph of this Agreement. Successors and Assigns. This Agreement may not be assigned by any Obligor without the prior written consent of the Lender which consent may be withheld at the Lender's sole and absolute discretion. The Lender has the absolute right to assign its rights and obligations hereunder without notice to or consent of any party. To the extent that this Agreement is assigned, it shall be binding on and inure to the benefit of the parties and their respective heirs, successors and assigns. Headings/Interpretation. The headings are for convenience and reference only and shall not be construed to define, limit or add content to any provision. If any provision of this Agreement is determined to be unenforceable, that determination shall not be construed as limiting the Lender's rights under the remainder of this Agreement. In the event of inconsistency between this Agreement and any other of the Loan Documents, the terms of this Agreement shall prevail. If there is a discrepancy between the terms of this Agreement and any provisions of the Loan Documents, the provisions of this Agreement shall prevail. Further Assurances. Each Obligor agrees to execute and deliver to the Lender such additional documents, instruments and agreements and take such further action as the Lender or its counsel may reasonable require from time to time. Release of the Lender. Each Obligor hereby declares that as of the date hereof it has no claim, set-off, counterclaim, defense, or other cause of action against the Lender including, but not limited to, a defenses of usury, any claim or cause of action at common law, in equity, statutory or otherwise, in contract or in tort, for fraud, malfeasance, mis#resentation, financial loss, usury, deceptive trade practice, or any other loss, damage or liability of any kind, including, without limitation any claim to exemplary or punitive damages arising out of any transaction among the Obligor(s) (or any of them) and the Lender. To the extent that any such set-off, counterclaim, defense, or other cause of action may exist or might hereafter arise based on facts known or unknown that exist as of this date such set-off, counterclaim, defense and other cause of action is hereby expressly and knowingly waived and released by each Obligor. Each Obligor acknowledges that this release is part of the consideration to the Lender for the financial and other accommodations granted by the Lender in this Agreement. Jury Trial Waiver. EACH OBLIGOR AND THE LENDER HEREBY MUTUALLY, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM BASED HEREON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER DOCUMENTS CONTEMPLATED TO BE EXECUTED IN CONNECTION HEREWITH OR IN CONNECTION WITH THE LOAN OR ANY COURSE OF CONDUCT; COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR LENDER TO ENTER INTO THIS AGREEMENT. Commercial Transaction/Preiudgment Remedy Waiver. THE PARTIES AGREE THAT THIS AGREEMENT IS PART OF A COMMERCIAL TRANSACTION, EACH OBLIGOR WAIVES, TO THE EXTENT PERMITTED BY ANY STATE OR FEDERAL LAW, ANY RIGHT IT MAY HAVE TO PRIOR NOTICE OR A HEARING ON THE RIGHT OF THE LENDER OR ITS SUCCESSORS AND ASSIGNS TO ANY REMEDY OR COMBINATION OF REMEDIES THAT ENABLES THE LENDER, BY WAY OF ATTACHMENT, GARNISHMENT, FOREIGN ATTACHMENT OR REPLEVIN, TO DEPRIVE ANY OBLIGOR OF ANY OF THEIR PROPERTY AT ANY TIME PRIOR TO FINAL JUDGMENT IN ANY LITIGATION INSTITUTED IN CONNECTION WITH THIS AGREEMENT. EACH OBLIGOR FURTHER WAIVES ANY RIGHT TO REQUIRE LENDER TO POST A BOND OR OTHER SECURITY IN CONNECTION THEREWITH. 3 • Kontrol Masonry and Stonesteters In Loan 40059656424-26134 The parties hereto have executed this Agreement, as of the date first set forth above. LENDER: SOVEREIGN BANK By: UP BORROWER: Kontrol Masonry and Stonesteters Inc. AL- By: Tracey Scott Stepler 4sidenP By:_ Istvan Csizmadia, Treasurer GUARANTORS: Tracey Scott Stepler An'vI ualy Istvan Csizmadia, Individually W-) V V J/ V V J 4 /, k;b .? RECORDATION REQUESTED BY: Waypoint Bank 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 WHEN RECORDED MAIL TO: Waypoint Bank 449 Eisenhower Boulevard MAIL STOP 449-336 Harrisburg, PA 17111 ?r L 1, C Jr DEED COUNT 'I "PIN 20 °I'1 1 20 SEND TAX NOTICES TO: Waypoint Bank 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES THIS MORTGAGE dated January 8, 2004, is made and executed between Tracey S. Stepler, whose address is 228 Lincoln Street, Marysville, PA 17053 (referred to below as "Grantor") and Waypoint Bank , whose address is 235 North Second Street, P.O. Box 1711, Harrisburg, PA 17105 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other ht S, royalties, and profits. relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the ,We al Property") located in Cumberland County, Commonwealth of Pennsylvania: See the exhibit or other description document which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 3705 Lisburn Road, Township of Lower Allen, PA. REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified In the Indebtedness definition, and without limitation, this Mortgage secures a revolving line of credit, which obligates Lender to make advances to Borrower unless Borrower fails to comply with all the terms of the Note. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $100,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower shall pay to Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all Borrower's and Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the MORTGAGE Loan No: 8875003728 (Continued) Page 2 Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of thirty (30) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Annllcation of Proceeds. Grantor shall Dromotly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor MORTGAGE Loan No: 8875003728 (Continued) Page 3 fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 160 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. TAX AND INSURANCE RESERVES. Upon request by Lender and subject to applicable law, Grantor shall pay to Lender each month on the day payments are due under the Note until the Note is paid in full, a sum ("Escrow Funds") equal to one-twelfth of (a) all annual taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property and (b) annual premiums for policies of fire insurance with all risks standard extended coverage required under this Mortgage ("Escrow Items"). Lender may estimate the amount of Escrow Funds on the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and applying the Escrow Funds, analyzing the account, or verifying the Escrow Items, unless Lender pays Grantor interest on the Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts secured by this Mortgage. If the amount of the Escrow Funds held by Lender, together with the future monthly payments of Escrow Funds prior to the due dates of the Escrow Items, shall exceed the amount required to pay the Escrow Items when due, the excess shall be, at Grantor option, either promptly repaid to Grantor or credited to Grantor in scheduled payments of Escrow Funds. If the amount of the Escrow Funds held by Lender is not sufficient to pay the Escrow Items when due, Grantor shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and 3ha;1 remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the MORTGAGE Loan No: 8875003728 (Continued) Page 4 Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing -Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution or termination of Borrower's or Grantor's existence as a going business, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or MORTGAGE Loan No: 8875003728 (Continued) Page 5 other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Right to Cure. If such a failure is curable and if Borrower or Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Borrower or Grantor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or Borrower and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for MORTGAGE Loam No: 8875003728 (Continued) Page 6 bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal tees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, et. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Mortgage has been accepted by Lender In the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Borrower and Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabllity. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and Its successors and assigns. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United Stales of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Kontrol Masonry and Stonesteters Inc and includes all co-signers and co-makers signing the Note. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Supertund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA") the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Tracey S. Stapler. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. MORTGAGE Login No: 8875003728 (Continued) Page 7 Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to the date of this Mortgage. Lender. The word "Lender" means Waypoint Bank , its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the Promissory Note dated April 2, 2003, in the original principal amount of $25,000.00, with a subsequent Change In Terms Agreement dated July 23, 2003 increasing the Note to $35,000.00, and a Change in Terms Agreement dated January 6, 2004 increasing the Note to $100,000.00, from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the Promissory Note or Agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUM T ACCORDING TO LAW. ANT0 X (Seal) Tracey S. ler, Individually CERTIFICATE OF RESIDENCE K. I hereby certify, that the precise address of the mortgagee, Waypoint Bank , herein is as follows: 235 North Second Street, P.O. Box 1711, Harrisburg, PA 17105 Attorney or Agent for Mortgagee MORTGAGE Loan No: 8875003728 (Continued) Fagj 8 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA (1 COUNTY OF 1 I i-) A(.t a ) SS On this, the day of y 1_ll 20C-,4 before me - cil (4 h CI Yt -r the undersigned Notary Publ' , personally appeared Tracey S. Stepler, know to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. "Ic^^, eat phr,,nie D f i?lt Qn fti,rr2Ty F'tt! ?c ,{ Y LV-Eas ennc!) nc T'?rd., m?n on E Gras January 29, 2(3Q7 h4embor. Pennsylvania Asso0ation OF Notaries 17. \ f 1 Notary Public in and for the State of )( < -- ........... ..--it, amid...., .- 1997, 7004. All RIOh1F Rit-ve0. - PA 1:1CF11LPL100D.FC TR-1718 PR-71 r;041 EXHIBIT "A" ALTL: MA.T CERTAU Za t or F:; s6 b land situ3tp in Lh: Tcmx? p a S.o ez Allen, olio of Cuznbert?zi?, Co.*;imou?+eslth ?T?Pe?;;}l.V?.ni?:. z?or? p:rticularly bounded aid d?,sc?ed. ? r"c' ?ov?,, to u'it: ; E G 'LNG at a pain: on the e? -t?? rledicat zieht-off tea, Iinc orLisburn P, oad, c R. 20:17 (30 fa °t £rvm centl?ztim at tbt ttiyidin. line bt ttiw = Los No. .2 .and 3 as sho.%N einaiter mentioned .pYan; tderice alor [he'ea.s em deaicated,rpl?t?of?V?M? lin-'of U, bizm,Road, S_R 2.Wj) , 1tilorth 36' QU" 1?i'°s! a dirt ce:?f a 7 U.RU A t tD point the dz? i. n? 1in,?,betwecn L i)ts Nos.. I and. 2; thwnce alone the di;?idrr? irne bete, een Los ?40?•. ? Fri a di9tsiace of 421, i i fe°t to s point in. Tze "s' aov?+.Bra? tes. Creek; thence rough ihi YcUDI,,? Breeches Cr: cl;, South 17 4.8':50'' East.a'distaiocE of l 11.0.2 fee"'to a point at.tilt 41Vi ing.lind bete, ?r? ? ots.Nc, and 3; thezi? a along the diti?ciin Zine betwter? Lots NQs. 2 and Sfla 64 A' fJQ" ,'es? a distalsce of 406-.6:, ;eot-to a point can the eas'te_u c?dicated right-of-wa7? line of LisbiLm'Road, S3._ 2G ] ?, said port being 'alc } l=e of BEGNNr.N,G. .... CONTAINING.1.046 acres. L TG Lot loo. 2. as shown on the.Firl--l:-ubdivisibn.Plan for Rafail po' ptsscll?'sai?d t P-ar? bein zecozdod in tie berJantl Caunt}'pscgA g r of Dads Off ce `on ;Decerobe? 1.4, -1999. ir, P1an,Bc 90, page 43: ' C ertlfy this to be recorded In Cun-ibe-rland County PA Deeds Recorder of D RECYCLED t. w.j ALLONGE (to be attached to the following identified Promissory Note and all changes and modifications thereof) MAKER: Kontrol Masonry & Stonesetters, Inc. DATE: April 2, 2003 ORIGINAL PRINCIPAL AMOUNT: $25,000.00 PAY TO THE ORDER OF COMMERCE BANK/HARRISBURG, N.A., WITHOUT RECOURSE, REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, OR BY OPERATION OF LAW EXCEPT AS PROVIDED IN THE LOAN SALE AGREEMENT. President ent SOVEREIGN BANK By: oh T. . Ro ertson d FX?tI bi "?" ,'S,?) 2 (o ASSIGNMENT OF INSTRUMENT(S) Sovereign Bank, with a place of business at 450 Penn Street, MC 10-421-MA 1, Reading PA 19602 as it is successor by merger to Waypoint Bank, hereby assigns the following instrument(s) to Commerce Bank/Harrisburg, N.A.. 3801 Paxton Street, Harrisburg PA 171 11: Open-End Mortgage dated January 8, 2004, executed and delivered by Tracey S. Stepler to Waypoint Bank regarding the property known as 3705 Lisburn Road, Township of Lower Allen, Cumberland County, PA and recorded in the Cumberland County Recorder of Deeds Office in Record Book 1851, Page 3619. In witness whereof, the said Sovereign Bank has caused these presents to be duly executed this 2S day of January, 2007. Sovereign Ban By: COMMONWEALTH OF PENNSYLVANIA 02t-'es COUNTY, SS. /0,9- On this day of January 2007, before me, the undersigned notary public, personally appeared John T. Robertson as Vice President of Sovereign Bank proved to me through satisfactory evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, in such capacity. f NOTARY PUBLIC I Ce1-tify ti?? . In C?t1??berla?-. bc j-,.. corded County PA. r , I ,Ceds 15 MY COMMISSION EXPIRES: 5--. [go 2 ??bd ru-? ?? yr ?? TYPE OR PRINT NAME COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah Previtera, Notary Public City of Reading, Berks County My Commission Expires June 25, 2009 X ,tiJ r :.J r BK0734rr?(- x?;b?f TAX PARCEL NO. 13-29-2445-018 LOWER ALLEN TOWNSHIP 2006 APR 6 Aft 1124 DEED THIS DEED is made the 30 *V% day of M A ck in the year two thousand six (2006). BETWEEN TRACEY S. STEPLER, single man, party of the first part, GRANTOR, AND ISTVAN CSIZMADIA, JR., single man, party of the second part, GRANTEE. WITNESSETH, that said party of the first part, for and in consideration of the sum of ONE AND 00/100 DOLLAR ($1.00), lawful money of the United States of America, well and truly paid by the said party of the second part to the said party of the first part, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has hereby granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said party of the second part, his heirs and assigns, in fee simple, ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth ofPennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Lisburn Road, S.R. 2017 (30 feet from centerline) at the dividing line between Lots No. 2 and 3 as shown on the hereinafter mentioned plan; thence along the eastern dedicated right-of-way line of Lisburn Road, S.R. 2017, North 25° 36' 00" West a distance of 110.00 feet to a point at the dividing line between Lots Nos. 1 and 2; thence along the dividing line between Lots Nos. I and 2, North 64° 24' 00" East a distance of 421.71 feet to a point in the Yellow Breeches Creek; thence through the Yellow Breeches Creek, South 17° 48' 50" East a distance of 111.02 feet to a point at the dividing line between Lots No. 2 and 3; thence along the dividing line between Lots Nos. 2 and 3, South 64° 24'00" West a distance of 406.67 feet to a point on the eastern dedicated right-of-way line of Lisburn Road, S.R. 2017, said point being the place of BEGINNING. CONTAINING 1.046 acres. BEING Lot No. 2 as shown on the Final Subdivision Plan for Rafail Popescu, said plan being recorded in the Cumberland County Recorder of Deeds Office on December 14,1999, in Plan Book 80, page 43. BOOK 273 PACE4484 IV BEING the same premises which Rafail Popescu and Ecaterina Popescu, his wife, by their deed dated November 4, 2002, and recorded on November 12, 2002, in Cumberland County Deed Book 254, page 2498, granted and conveyed unto Tracey S. Stepler, single man, Grantor herein. This deed is excluded from realty transfer tax as a transfer by a mortgagor to the holder of a bona fide mortgage in default in lieu of foreclosure. 72 P.S. Section 8102-C.3(16). TOGETHER with all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor, as well at law as in equity, of, in and to the same. TO HAVE AND TO HOLD the said lot or piece of ground above described, with all and singular the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, to and for the only proper use and behoof of the said Grantee, his heirs and assigns forever. AND the said Grantor, for himself, his heirs, executors and administrators, does covenant, promise and agree, to and with the said Grantee, his heirs and assigns, by these presents, that they, the said Grantor and his heirs, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, against them, the said Grantor and his heirs, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, subject as aforesaid, SPECIALLY WARRANT AND FOREVER DEFEND. THE LAW FIRM OF GATES, HALBRUNER & HATCH, P.C. HAS ACTED AS SCRIVENER ONLY AND HAS NOT SEARCHED THE TITLE TO THE PREMISES HEREIN CONVEYED. Bou 273 PacL4485 IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first written above. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF (SEAL) -JU YTj4S.STEPLER COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the day of A?ad G , 2006, before me, a Notary Public, the undersigned officer, personally appeared TRACEY S. STEPLER, single man, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes contained therein. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?Gt/L C It ? Cif - o/- Z ':G" Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Traci L. Sepkovic. Notary Public LeMoyne Boro. ?. umberland County My Commissior. Uxpires Mar. 18, 2008 Member, Perznsyivara Assodaton of Notaries BOO!( 73 PAGE4486 l CERTIFICATE OF RESIDENCE I hereby certify that the present residence of the Grantee herein is as follows: Istvan Csizmadia, Jr. 228 Lincoln Street Marysville PA 17053-1315 RETURN DEED TO: Mark E. Halbruner, Esq. GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne PA 17043 . kZ2? !g? Attorney for Grantee THE SPACE BELOW HAS BEEN RESERVED FOR RECORDING INFORMATION. ?J I u f. V O Dccds L-ou 273 PACE4487 tEV.ea s% (tOQ RECORDERS USE ONLY &ALfi ash- REALTY IRAN IR TAX Book Number COMMONWEALTH OF PENNSYLVANIA STATEMENT OF VALUE DEPAIRTMENT OF IIEY6dUE MNAAY OF MpMSnUAL I A)= HAERISetUAG, PPAO°71284M SN Reve " fort ladnitc" ss Complete each section and file In duplicate with Recorder of Cods when (1) 16 %N voludconsidenadon is not set farth in the deed, (4) when the deed is wlthout oonsiderntiont or by gift, or (3) a tax exeetpfioe IS W. . A StatentMt of Value is not required H the fronshr is v;Wly exempt from tax Mark E. Halbruner, Esquire Ana code ( 717 ) 731-9600 Street N;W-- 1013 Mumma Road, Suite 100 Lemovne PA 17043 S TRANSFIR DATA March 30, 2006 (s) sor(s Tracey S. Stepler Istvan Csizmadia, Jr. tewt A 228 Lincoln Street 228 Lincoln Street ab zip Code Marysville PA 17053 staft zip Code Marysville PA 17053 C PROPERTY LOCATION s d rs ss City, Tom p, borough 3705 Usbum Road Lower Allen Township County Sdwool District I= Parcel Number Cumberland West Shore 13-29-2445-018 D VALUATION DATA 1. Actual CaA Consideration 2. 0*or Consideration 3. Total Consideration 1.00 + 0. 1.00 My Amoved a soon I" Ratio 6. Fair Ma V $30,700.00 x 1.00 - $30,700.00 E 11XIMPTION DATA Ia. Amount Percentage of Interest convey 100% 100% 2. Cheek Appn"wkde Ilex Selew for Exernptbn Clebned ? Will or intestate succession ? Transfer to industrial Developmew Agency. ? Transfer to a trust. (Atioch complete copy of trust agreement Identifying all beneftdaries.) ? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ? Transfers to the Commonwealth, the United State and Instrumenrolitiss by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) Transfer from mortgagor to a hoklor of a mortgage-In default. Mortgogs book Number 1940 , Page Number 3967 ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or corArmed.) ? Statutory corporate consolidation, merger or division. (Attach copy of articles.) ? Other (Please explain exemption claimed, 9 other than listed above.) Uhetder PHNOM" Of JOW, I dednae that I Isew OKOW led this Strateelesst, bNavaing agamPenYMe issfoetstsMiee, attd N Ilse best rF Qt/ loewledtse etelt tsewefr K is lrehrar eMteed enssl MIMpNM. - - e? ?O? FAILLM TO COMK,M THIS FORM f WIPULY OR ATTACH AMICAKE DOCI1001111INRATION MAY MULT IN TIN R/CONIM's MUSAL TO RlCORD THE Dm. Box 273 FACE4488 C3 ra p n yip jy C .-Cl v ` a D METTE, EVANS & WOODSIDE Lloyd R. Persun, Esquire Identification No. 10139 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) COMMERCE BANKIHARRISBURG, IN THE COURT OF COMMON PLEAS OF N.A., assignee by assignment from CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. DOCKET NO. 07-2818 CIVIL TERM ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants PRAECIPE TO THE PROTHONOTARY: Please enter Judgment in Mortgage Foreclosure in favor of Commerce Bank/Harrisburg, N.A. and against Istvan Csizmadia, also known as Istvan Csizmadia, Jr., and Tracey S. Stepler, also known as Tracey Scott Stepler, Defendants, in the amount of $26,076.76, together with interest thereon after April 30, 2006 at the rate of 3.00 percentage points above the Index as provided and calculated in the Note, any additional late fees, all costs, attorneys' fees and expenses and authorizing the sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. I hereby certify that written notice of intention to file this Praecipe was mailed by United States mail, first class, postage prepaid, to the Defendants on June 8, 2007 after their failure to plead to the Complaint in Mortgage Foreclosure. True and correct copies of each such written notice and envelope with postage containing it are attached hereto as Exhibit "A" and made a part hereof. Defendants have no attorney of record. Lloyd R ersun, Esquire Attorn I.D. No. 10139 Mette, Evans & Woodside P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff June 21, 2007 COMMERCE BANK/HARRISBURG, N.A., assignee by assignment from Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. ISTVAN CSIZMADIA also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants TO: Istvan Csizmadia, also known as Istvan Csizmadia, Jr. (Defendant) 228 Lincoln Street Marysville, PA 17053 DATE OF NOTICE: June 8, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 07-2818 Civil Term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. EXHIBIT "A" 473066v1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 or 717-249-3166 800-990-9108 Lloyd . Persun, Esquire Atto ey I.D. 10139 METTE, EVANS & WOODSIDE P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff O o <- N e- • no W O 9 ?? Q r ? 47 N r- LL Cl O- ? N ??SC7?1MR C-?, a r '.lr• r O 3 O C 14 ..; O O co O RS CG N co N Q N t]- CO 00 NU ? N ;_ U ca ? N O N -? co N co W a o Q F4 O Y z U U! 0 a 0 :3 O It a CD N O O a- N P a F z IA i W U. FQ c W cc x u 0. F? COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS OF N.A., assignee by assignment from CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. : DOCKET NO. 07-2818 Civil Term ISTVAN CSIZMADIA also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants TO: Tracey S. Stepler, also known as Tracey Scott Stepler (Defendant) 822 Pisgah Rd. ShermansDale, PA 17090 DATE OF NOTICE: June 8, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. EXHIBIT "A" IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 or 717-249-3166 800-990-9108 Lloyd R. ersun, Esquire Attorney 1. D. 10139 METTE, EVANS & WOODSIDE P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff 473065v1 r ? w +'N • co u1 Z Q r u- 4911N'r ? 7 W N Q1 o w w ?a a 0 0 m °? U Y4 a a y' N ?y •y Ya K 0 ? N 0 Z r W U. a o W z a F+ C v a o d iN ao? C? N N co T?aE NNL co U) 0 N 0 0 m 0 m ? 6 0. N a a x CERTIFICATE OF SERVICE I, Lloyd R. Persun, Esquire, hereby certify that on June 21, 2007 I caused a true and correct copy of the foregoing Praecipe to be served on each of the following individuals by United States mail, first class, postage prepaid, addressed as follows: Istvan Csizmadia, also known as Istvan Csizmadia, Jr. 228 Lincoln Street Marysville, PA 17053 Tracey S. Stepler, also known as Tracey Scott Stepler 822 Pisgah Rd. ShermansDale, PA 17090 Lloyd Persun, Esquire June 21, 2007 rn rn ? D cn ' O 1 COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS OF N.A., assignee by assignment from CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. DOCKET NO. 07-2818 CIVIL TERM ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants NOTICE OF ENTRY OF JUDGMENT TO: Istvan Csizmadia, also known as Istvan Csizmadia, Jr. (Defendant) 228 Lincoln Street Marysville, PA 17053 Tracey S. Stepler, also known as Tracey Scott Stepler (Defendant) 822 Pisgah Rd. ShermansDale, PA 17090 You are hereby notified that on June -4-1 , 2007 Judgment in Mortgage Foreclosure was entered against you in the amount of $26,076.76 together with interest thereon after April 30, 2006 at the rate of 3.00 percentage points above the Index as provided and calculated in the Note described in the Complaint in Mortgage Foreclosure, any additional late fees, all costs, attorneys' fees and expenses and authorizing the sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. 096 othonotary of C erland County Date: June al , 2007 I hereby certify that the names and addresses of the proper persons to receive this notice are Istvan Csizmadia, also known as Istvan Csizmadia, Jr., 228 Lincoln Street, Marysville, PA 17053 and Tracey S. Stepler, also known as Tracey Scott Stepler, 822 Pisgah Rd., ShermansDale, PA 17090. Lloy . Persun, Esquire Att ey I.D. No. 10139 Attorney for Plaintiff 473820v1 SHERIFF'S RETURN - OUT OF COUNTY CASF,NO: 2007-02818 P %-COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK HARRISBURG VS CSIZMADIA ISTVAN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CSIZMADIA ISTVAN AKA ISTVAN CSIZMADIA JR but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On May 18th , 2007 , this office was in receipt of t attached return from PERRY Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 ? Surcharge 10.00 R. Thomas Kline Dep Perry County 63.10 Sheriff of Cumberland County Postage 5.01 105. 11 ? 51d,102 05/18/2007 METTE EVANS WOODSIDE Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASF, NO: 2007-02818 P &COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK HARRISBURG VS CSIZMADIA ISTVAN ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STEPLER TRACEY S AKA TRACEY but was unable to locate Him SCOTT STEPLER deputized the sheriff of PERRY serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On May 18th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answers Docketing 6.00 --?,_-? Out of County .00 Surcharge 10.00 R. Thomas K ine -` .00 Sheriff of Cumberland County .00 16.00 ? 31.33167 ?,. 05/18/2007 METTE EVANS WOODSIDE Sworn and subscribe to before me this day of , in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania 4 Cannexce Bank Harrisburg NA vs. Istvan Csizmadia et al SERVE: Tracey S. Stepler aka Tracey Scott Stepler Now, - May 14 , 2007 No. 07-2818 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of pew County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, May 16, , 20-22--,,at 5:40 o'clock P M. served the within Complaint in Mortgage Foreclosure upon Tracey Scott Stepler at Spring Twp 822 Pisgah Rd. ShermansDale, PA 17090 by handing to Tracey Scott Stepler, Defendant Complaint in a True & Attested. copy of the original Mortgage Foreclosure and made known to Him So answers, Donald E. Smith Sworn and subscribed before me this l?IA day of l? t- the contents thereof. Chief Deputy Sheriff of Perry County, PA COSTS SERVICE $ 20U MILEAGE • AFFIDAVIT NOTARIAL SEAL MARGARET E FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB.16, 2008 In The Court of Coupon Pleas of Cumberland County, Pennsylvania Camtierce Bank Harrisburg NA VS. Istvan Csizmadia et al SERVE: Istvan Csizmadia aka 07-2818 civil Istvan Csizmadia Jr No. Now, May 14 , 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of PQ r County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Aj. .?.?,_.?4 Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, May 15, 2007 , at 6 : 2 4 O'clock P M. served the within Complaint in Mortgage Foreclosure upon Istvan Csizmadia, Jr. at Marysville Boro-228 Lincoln St. Marysville,PA 17053 by handing to Istvan Csizmadia, Jr. Defendant a True & Attested and made known to Him So answers, Aaron D. Richards dlw?v /h, kk4k copy of the original complaint in Mortgage Foreclosure the contents thereof. Deputy Sheriff of Sheriff County, PA Sworn and subscribed before me this day of 078 , 20ef C?1 NOTARIAL SEAL MARGARET E FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY COSTS SERVICE MILEAGE AFFIDAVIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMERCE BANK/HARRISBURG, N.A., Confessed Judgment assignee by assignment from Sovereign Bank, X Other (Judgment in Mortgage Foreclosure) which is successor by merger to Waypoint Bank, Plaintiff No.: 07-2818 Civil Term V. ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants Amount Due: $25,438.54 principal, $75.56 in late fees, $562.66 in interest, plus interest accruing after April 30, 2007 at the rate of 3.0 percentage points above the Index as provided and calculated in the Note, plus any additional late fees, accruing after • April 30, 2007, and all attorneys' fees, expenses and costs. TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended, Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendants: 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing execution against the above-named garnishee(s) for the following property: 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania Six (6) copies of the legal description of the land are attached. Date: August Z--, 2007 Signature: Name: Melanie L. Vanderau I.D. No.: 203167 Address: Mette, Evans & Woodside 3401 N. Front Street P.O. Box 5950 Harrisburg, Pa 17110-0950 Attorney for: Plaintiff Telephone: (717) 232-5000 476634v1 r aLL.ITUkT C'EFTA,17N ti=t c7pa cl-A GT'1--io sitiLtt in nllt n, Count. C.. Cun:berI;nd,'Co ?slv:??z ?rcpW*tici:Ia:]5 bcun6-'3 zed d e ed as 7cllov,:,, to v,'it; BEG'L'? 'LAG at a point an'tne t' dcdirct rieht-of-T?a, l;rv: 0'^ Lis'O=- Ro"ad., S.?,'. 20:17 '(3U' . c-e.zram. centealiza at, tbt:, dividin6 Pane, bet*t= Loss N'o,,2.and,3 v shayvn'oti t1it h re =ter. menricncd plat;; tthtnbe alorig thua*,°:?te:-n de c?te?,rg}?t?oi?v,?e3 iin?' of Li?hun. F gad, S-F ?fJ) 7 North 23." 36' 00 W, a distsnce'. of ] 10.o.i1 feet to po n s Lhe di1 i .? Hm?;berweer. irq*_? Nos. , I and. 2; thence a]on6 Lhe di 'idrn? itz?e bet een LoL A?'aw° 1 av, ? l?ortn;54 ` 24' Op"Est a. LSt=Jxce or"4? ] .i) fe.t to fl point ir,.ule'?'e•Uow.Brc?l•?i's Creek'; tn.°r?ce ThrOL« . th'? ?'ellola?•Brccc}ccs Cr:.-.:k:, South 1?.° =?S':?0" Ea t a' ist?aw'of )11.Q,? f,ei to poi'Zt at.ib?:?ivicing line berg yen Lots.?,c,'._,- and 3; the nce along the-dhadir*gline betV?en Lo1S 1voS. 2 and 3 South 64 ` ??' 00" ?,%est, ? a i - st..,z?c pf40 .o:r'-c' ho a point on the cAs'tc ra d: dkat-?dright-of•w-Cy line ofLi5L;t1.-n Rosd, S:R. 3G ] ? said point being'ihc p].^e of BErL?'??TI? G; ti CQI4TALN,i1?G ].U?S ac tis. ' • . BEING-'Lor 11N'0. '2•'aS sboivn on th'e.FiJ- Sab6jv,isidn.P1 for'pua .l Fo N? °? pUri. beL"O" , r...cozdgd in the Cumber)an.a Coun?}'1'a?o;?roz Dads Offlcebn E-)er_e:mbt IA 1009; an Ply $?ol ` 80, page 43. 8 o a ? r r C rU cs Q ` ^ 7 3 r ?-r • ' ?i i V cr? R ` Melanie L. Vanderau, Esquire Identification No. 203167 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS OF N.A., assignee by assignment from CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. DOCKET NO. 07-2818 CIVIL TERM ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That a Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 on December 5, 2007 at 10:00 a.m., prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A".) THE LOCATION of the property to be sold is: 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania Parcel No: 13-29-2445-018 THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 07-2818 Civil Term THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Istvan Csizmadia, Jr. A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICES SET FORTH BFLOW TO FIND OUT WHERE YOU CAN GET FREE OR REDUCED FEE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsyvvania 17013 (717) 249-3166 (800) 990-9108 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff s Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Civil Division, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B". SHERIFF OF CUMBERLAND COUNTY -3- 474357v1 e :4LL:' TUT CERT.4U traot or per .6 oi- and. sittJatc in Ttit•Township of Lower An. a, Count} of ruznberl?,nd, CoTmm?u ealth 4fPer ;,3l.vanis, more part ou arly bounded am.6 described as fclloti?s, to unit: BEGNNING at a paint oti the o'to zi dedic'aL d rieht-o ?aj? linc of Lisbur;r! P,oad, S.R. 24:17 x(30. feet. from. centdr1ine)'at the.- d.Mgt nk line betwota Lots Na..2.and,3 45 §bcty a,ori 11a, b. rnaner• inentioncd.pTan; t3aerice along [he;tntem d4cated,ri t?QT hne of'Litburn. R oad, S.p.: '..rjJ North 2.5"36' 00" es! a distance of 11 0- 0.0 re; _t to's paiztt at t}a di,rid.M" liz? ,birwtim. Lp!-5 NoS. . I and .2; thence aloni the dh,i6m: l"tze betvYeen Lots Nos: 1 and 2 Tlorzh:E4 r24' bQ" Fast a disti.'Uce of421.71 felt to a point in the Ye?]ow.?3re?1te5. Cree>;; thencextk tough ih.eYelloj? B.rtcahes Crerk, South 17' 48':510', Fast•a'?ist?acE'of 111.Q2'f?et to s point af,slye divi ing line bcrv??eeri Lots.'?Jc and 3; tt?en'ce along the dil?aisrgline be'tv?een L•6is Nos. 2 and 3, Sfluth 64 ° 24' fJD'' West, a distszice oE406.57 fe'at-to a point on the eastern dedicated right -of•wey linc of Ltsbi?Road, R. 2017 ,:said point being the pl=e' of BEGN'&TN G. ;: . CQNTAj.NZNG-I.U96 acres. B , IN'G-'Lot 1?0.2.'as &hoitn on the.FizLl. -Snbriivisia4,F1an: for'F.acail Po t , AeSC.'sa3rd plan belns, recordod is the Currnbe4ai na Ccu'mf}'p e: 6zcer of Dads .)ffic:'on l?ec?cn + Ra, page 43. ' bK 1.?, 2 999; in flan .B W apt. Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMERCE BANKMARRISBURG, N.A., ; Confessed Judgment assignee by assignment from Sovereign Bank, X Other (Judgment in Mortgage Foreclosure) which is successor by merger to Waypoint Bank, Plaintiff No.: 07-2818 Civil Term V. ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants Amount Due: $25,438.54 principal, $75.56 in late fees, $562.66 in interest, plus interest accruing after April 30, 2007 at the rate of 3.0 percentage points above the Index as provided and calculated in the Note, plus any additional late fees, accruing after • April 30, 2007, and all attorneys' fees, expenses and costs. TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended, Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendants: 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing execution against the above-named garnishee(s) for the following property: 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania Six (6) copies of the legal description of the land are attached. XOA?? Date: August ? 2007 Signature: Name: 461anie L. Vanderau I.D. No.: 203167 Address: Mette, Evans & Woodside 3401 N. Front Street P.O. Box 5950 Harrisburg, Pa 17110-0950 Attorney for: Plaintiff Telephone: (717) 232-5000 476634v1 Exhibit "B" r ' in d.LL.T LA.7 CEFTA..17N gszi orpam,- GfI and. situate in nh's•To v-,M h , e L?;?er'n11?a, •C ouni) c, Cumberl ;zad,•Co*x?:-?na.e:lfr~ i?z??1:?31.v :nia; ?0rc Dr.''ti0:ij3TJ5' bo?_:ade3 ?d d ?c??ed =? Tc' ?ov,:s, tc MIT. SEGL 'Ln}G at point c?n'tbe eoSl;,?i L?Oa3G'ct ?ieh?•of-T, a,-tin: ofLisbviT P,oad, S.R. 201 (30 zees. from. cenrezlin' tht d),idin.6 Pane -b: t ,cc-4 Lors 'N'o:? and 2 ?s sbo.IYm;on tl?e h T6inafler. tnenriontdpT-?L; tii-nee al0112 c i?rn aedic?t?d,r?g} ,ai-v,?3 lin?'of, L burn Road, S_R- 21J]'? North 2?.` -46' 00" Gdest a dis=ce':`f 1.1 O.DO le_toc p9JAZ °-f the divi.aio.g 1in?,berween Lots, Nos, 1 and. 2; thence alum tine diS i rnQ iiz e bet een LoL1?cn.' ane ? -North;'?4 24 00" E°st a. ?5t1rayc of42 J , l 1 fe:1 t0 fi P05"itin,tze Yc•?ow.Brc°•ch=5. Cre:k•; t:A= r, 7.?LroU't . 1h- YellDti?,' Brtccl?cs [ ? South IT' X8',50" Eart.a dis1? 'of 111.Ufcet•to e point at.in?:?itidr_ingline berae_n. Lets. a' ?. and 3; thence elong th.e di_**gYine betwecn Lots Nos, and Soatri 64 ` ? ' 00" WcSt. a ?Sta zct cf 40r.o:? ;a' t.to a point on the ?As't a ?r dicatc-d ri?_?t-of•wcy line of Lisbi?n Rosd, S,:R. ? G 17. 'sa.id p?inc thc plr?e of BEGL'?`rP?;G: i ; . CONTAIN,ING•1.U45 ac,rts. BE TNG Lot 21%i 6,:2.'av shoiva on'ihe-F= a l•Sabdivision.Plan, for'Pafajl'?aP"" :iti he rrcozdod is tqe Ctim6erJan.3 l;ounx*J` of Dads C?iirce'on Dt,-' bt: ].4, loop; 5z 711an B0.0 RO,, age 4?: ' ., •. • • •, •• , ,•. ., ... •:; in U r Melanie L. Vanderau, Esquire Identification No. 203167 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS OF N.A., assignee by assignment from CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. DOCKET NO. 07-2818 CIVIL TERM ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Commerce Bank/Harrisburg, N.A., assignee by assignment from Sovereign Bank, which is successor by merger to Waypoint Bank, sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed, the following information concerning the real property located at 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania (Parcel No. 13-29-2445-018, as more particularly described on Exhibit "A" attached hereto: -1- 40 1. Name and address of owner or reputed owner: Istvan Csizmadia, Jr. 228 Lincoln Street Marysville, PA 17053 2. Names and addresses of Defendants in the judgment: Istvan Csizmadia, also known as Istvan Csizmadia, Jr. 228 Lincoln Street Marysville, PA 17053 and Tracey S. Stepler, also known as Tracey Scott Stepler 822 Pisgah Road Shermansdale, PA 17090 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Wachovia Bank, N.A. 123 South Broad Street Philadelphia, PA 19109 Manufacturers & Traders Trust Company 213 Market Street Harrisburg, PA 17101 Commerce Bank/Harrisburg, N.A. Commerce Center 3801 Paxton Street Harrisburg, PA 17111 4. The name and address of the last recorded holder of every mortgage of record: Commerce Bank/Harrisburg, N.A 3801 Paxton Street Harrisburg, PA 17111 -2- Istvan Csizmadia, Jr. 228 Lincoln Street Marysville, PA 17053 Plaintiff contends that Mr. Csizmadia's Mortgage was extinguished or satisfied by merger and by deed in lieu of foreclosure by deed recorded in the Cumberland County Recorder of Deeds Office in Record Book 273, Page 4484. It is reported only because the Mortgage (Mortgage Book 1940, Page 3967) was not marked satisfied. Manufacturers and Traders Trust Company One M&T Plaza Buffalo, NY 14240 Atten: General Counsel's Office Thomas J. Miller and Lynne Miller 160 Sherman Street Hanover, PA 17331 5. The name and address of every other person who has any record lien on the property: None found. 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None found. 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsific ion to Authorities. e a A. Masser, Vice President erce Bank/Harrisburg, N.A. Date: August.'I, 2007 474359v1 -3- )F,x" ?A .0 ALLTIL4T CERTAL Tract or p, 61 4 'af larva- situatc MI tht- Toizship of Lowee Allta, Counit of Cu=berIsnd,.'Coi? nv+esithbfl'et 53'1var?is., zuorcp»rticularl),bovnde3 and descr'Be. as fcllov?s, to m it: a U ?1'TFNG at a paint oti the eaOrz dcrlic?attright-of-lint of Lisb= R8ad, S.R. 2417'(30. z$et. £ 0' centjrjjn6)' at. for dj vi nj line beiw-.= Lots No,.2 ,and •3 45 sbaw,on 1he b6i -reinaAer. rnentioncd.pian thAnce along cha*,°astern dedicatBd xight-of?,, may bne of U;bu , Road, North 25 `36' 00" .'v'=s! a dist?7?e of 11 O.QI?i pet ta'a point at t? di?i.a?o ling ;beau ear. i1?t.s ??1os. . I and 2, thence along the di 'iIaAg•lizie betuieen LotsNo&. I Bad 2., Nortii;54 ° 24' QO" Bast a distance i of421, 421,71 feeit to a point iry the 1'?aow.Bi'G???es Creed;; fnei?cs tx'Qugh ih? YdUDm-- B??=Iacs Crt;tk, South 17.° 48:50" tag .atstatice'of 1 I I.02? f?etto s point at.tht aividing'iine ?cn??een L:ots.NI c( 2 and 3,; th&Ce along the ditizoisigXizze beiV,'?eta Lots I?D•S• 2 and 3; South 6.4° Vv 00. West a 3ist=cB o 406.6.7 febtlo a paint on the cas3ern t?dicaied right-of-way line of Lisbiim Road, S:R. 20 17, .said port being-Lbc plmcc of BFGLN'1`MN',G; CbNT.ALNING -1.046 acres. $CU?'G Lot l?-0.:2.'as shoIVA on tha.Fin`l: Subtiivisiazt.Flar: for' Raa kii 1'opcsctt,.'Sai plait. ba p' mcordod in ibe Cumberlana Cou*nf ? R. 6-,aer of D=ds Pffiec'on' D='*--r 14' l 90; irs :'la?•>3o? i 8?, Page' 43 ; n ? p C ? -sti 7`''- ' Z S ? Melanie L. Vanderau, Esquire Identification No. 203167 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS OF N.A., assignee by assignment from CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. DOCKET NO. 07-2818 CIVIL TERM ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, 3R., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me, the undersigned, Angela A. Masser, who, being duly sworn according to law, deposes and says that she is a Vice President of Commerce Bank/Harrisburg, N.A. and that according to the best of her knowledge, information and belief the Defendants listed below are not in the United States Military Service. ,y . -% l Istvan Csizmadia, also known as Istvan Csizmadia, Jr. 228 Lincoln Street Marysville, PA 17053 Tracey S. Stepler, also known as Tracey Scott Stepler 822 Pisgah Rd. ShermansDale, PA 17090 Sworn to and subscribed before me this 21 day of August, 2007. (174' o Public My Commission Expires: 11/09 COMMONWEALTH OF PENNSYLVANIA aWW Noisy Pubk EPsymboro otarial Seal Ead Twp•, on EOM A ug. 27, 2008 Member, Pennsylvania Association Of Notaries 2 Bank/Harrisburg, N.A. 474349vi 0- r. CZ? rt?t c ? ? t _:a 9i rt? z7 , ?e *sCJ 4? i Melanie L. Vanderau, Esquire Identification No. 203167 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS OF N.A., assignee by assignment from CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. DOCKET NO. 07-2818 CIVIL TERM ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants AFFIDAVIT OF DEFENDANTS' LAST KNOWN ADDRESSES Personally appeared before me, the undersigned, Angela A. Masser, who, being duly sworn according to law, deposes and says that she is a Vice President of Commerce Bank/Harrisburg, N.A. and that according to the best of her information and belief, the last known address employed by each Defendant is: r Istvan Csizmadia, also known as Istvan Csizmadia, Jr. 228 Lincoln Street Marysville, PA 17053 and Tracey S. Stepler, also known as Tracey Scott Stepler 822 Pisgah Rd. ShermansDale, PA 17090 Sworn to and subscribed before me this day of August, 2007. ( If / I A A A-J J* Ijfff;?UC4AW ?1- MAO N t Pub is My Commission Expires: g'?a7?ag COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lindsay J. ReishW, Notary Public East Pennsb= Twp., Our Wdand Courdy My Ca riff w E)ires Aug. 27, 2008 Member, Pennsvivania Association Of Notaries 474354v1 Iogmm'ela A. 6 r, ice Pre dent erce Bank/Harrisburg, N.A. pi CJ a y Tim tF C n f _ t V rn WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-2818 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Commerce Bank/Harrisburg N.A. Assignee by Assignment from Sovereign Bank, which is successor by merger to Waypoint Bank Plaintiff (s) From Istvan Csizmadia also known as Istvan Csizmadia Jr. and Tracey S. Stepler also known as Tracey Scott Stepler (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $25,438.54 L.L.$0.50 Interest $562.66 plus interest accruing after April 30, 2007 at rate of 3.0 percentage points above the index as provided and calculated in the Note Atty's Comm % Atty Paid $240.11 Plaintiff Paid Date: August 23, 2007 (Seal) REQUESTING PARTY: Name Melanie L. Vanderau, Esq. Address: 3401 N. Front Street P O Box 5950 Harrisburg, Pa. 17110-0950 Attorney for: Plaintiff Telephone: (717)232-5000 Supreme Court ID No. 203167 Due Prothy $2.00 Other CostsLate Charge $75.56 Deputy Melanie L. Vanderau, Esquire Identification No. 203167 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS OF N.A., assignee by assignment from CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. DOCKET NO. 07-2818 CIVIL TERM ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants AFFIDAVIT OF SERVICE I, Melanie L. Vanderau, Esquire, do hereby declare: 1. I am an attorney for Commerce Bank/Harrisburg, N.A. and I am authorized to make this Affidavit. 2. The Sheriff of Cumberland County has reported that on October 12, 2007, he or 1 his deputy posted a handbill on the property pursuant to Pennsylvania Rule of Civil Procedure No. 3129.2(b). The content of this handbill is contained in the Notice of Sheriffs Sale filed with the Sheriffs Office. A true and correct copy of the contents of this notice as posted is attached hereto as Exhibit 1 and incorporated herein by reference (the "Notice"). The Sheriff of Cumberland County has also reported that on September 17, 2007, he or his deputy personally served a copy of the Notice upon the Defendants. 3. On October 31, 2007, I caused to be deposited by courier in the United States Mail, First Class, postage prepaid, the Notice to Istvan Csizmadia, also known as Istvan Csizmadia Jr., owner or reported owner and a Defendant in this case as shown on Plaintiff's Affidavit pursuant to Rule 3129.1 which was filed with the Prothonotary on August 23, 2007. The Certificate of Mailing is attached hereto at Exhibit 2 and incorporated herein by reference. 4. On October 31, 2007, I caused to be deposited by courier in the United States Mail, First Class, postage prepaid, the Notice to Tracey S. Stepler, also known as Tracey Scott Stepler, a Defendant in this case as shown on Plaintiffs Affidavit, supra. The Certificate of Mailing is attached hereto at Exhibit 3 and incorporated herein by reference. 5. On October 31, 2007, I caused to be deposited by courier in the United States Mail, First Class, postage prepaid, the Notice to every judgment creditor whose judgment is a record lien on the real property to be sold. These parties are identified in Plaintiff's Affidavit, supra. The Certificates of Mailing are attached hereto at Exhibit 4 and incorporated herein by reference. 6. On October 31, 2007, I caused to be deposited by courier in the United States Mail, First Class, postage prepaid, the Notice to the last recorded holder of every mortgage of record. These parties are identified in Plaintiff's Affidavit, supra. The Certificates of Mailing 2 are attached hereto at Exhibit 5 and incorporated herein by reference. 7. On October 31, 2007, I caused to be deposited by courier in the United States Mail, First Class, postage prepaid, the Notice to every other person of which the Plaintiff has any knowledge who has any interest in the property which may be affected by the sale. This party is identified in Plaintiff's Affidavit, supra. The Certificate of Mailing is attached hereto at Exhibit 6 and incorporated herein by reference. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 5th day of November, 2007. Respectfully submitted, METTE, EVANS & WOODSIDE By: wai?q ? '? ? ? M ANIE I VANDERAU, ESQUIRE Sup. Ct. I.D. No. 203167 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Commerce Bank/Harrisburg, N.A. Date: November 5, 2007 3 VERIFICATION I, Melanie L. Vanderau, Esquire, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: I)bytm bw S? 20u?1 -PQNI? a*A--- --- Mel e L. Vanderau, Esquire 4 481889v1 Melanie L. Vanderau, Esquire Identification No. 203167 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, N.A., assignee by assignment from Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants (') C C? r ti c: G; W v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 07-2818 CIVIL TERM NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: 0 T 1"i7 ?7 ?r -?c That a Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 on December 5, 2007 at 10:00 a.m., prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A".) THE LOCATION of the property to be sold is: 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania Parcel No: 13-29-2445-018 THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 07-2818 Civil Term THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Istvan Csizmadia, Jr. A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE OR REDUCED FEE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsyvlania 17013 (717) 249-3166 (800) 990-9108 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Civil Division, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B". SHERIFF OF CUMBERLAND COUNTY -3- 474357v1 L: T- :T DEPT AI N zaa^'t orp rce) cz 13.0' sztu3tF in tb:'Tovrmph r a Sewer Allen, county 0 CuinberlE?n d,,COmmo:a aIth6f7pcr]s3'1.vania. m0Tepart : ular1), bcunde3 and d ?c?a.b.e: as fel?o•??, tc %vIt: ; BEG•T G at zi point on''the eaSt0Ai dedic'at zitt-oit•?a?-ling of Lisburn R, Lad, S , . ?0:11' (3G fut, from centezlil?e)' at tb di?yldin.g line btt* -= Lots N'@,.2 and 3 as sba? M;ori ?? b r?isiaiter. inent3o7cd.plsn; trice 3loz ?re' ,ern decacaTeu.tigll-of-v,ra): line'ofLisbum•Road, S_P. 2{J)'-, North 25. 36' 00'w es? a disl4gpe'.of 110.D 1A°t to .3 poial at the div).ai g li ,.z?? n?;bet:-,v„? I and. 2; th..n e alone tie dig i?rz?.,g•line LoLj4os,, j aaL ax 4? j , it f?°t to a pontir?tisee?1o?.Bxc??es Creel;; tn?rcerotuh ih ?'ello?? Breeches Cruel;, South 1?,° *9',50' Ea..=t•a'8istz'ce bf 111.Q2 f?e? to s point at,sr?? di?dr_ing )ine bG?ue`r? l` flts.?c'. and 3,; ?b'ce a.1Qng tr.e-di-%iciisrgZine betv?Ncr? L6#s??o,s. "? and Sflutl; E? ` 24' fjp'' T?Jest,a fist c? Of 4D;.6-7 t''rtlo a poiTi3 om the aastc?m rYdkc e d rigbt-of-w'Ey line of'LiiSbi= Road, pOlnT being'zbt PI ;e of BEGL'Y T G, cbNTAllL ING'1.'U45 acie5. REIN G, L•nr ?N d, fas shoi? on `ihe s lsrer?.l?Iar for F?Po' rir,-.I ubdilr;.'sa3 p1 P -.are. he rccozdod in the CumberJ.and Ccunz'y g x °r of Dads PffJcebn ' 4 ererAb.... ).r, 19, i 'Ian, Bvo r'' 80, page 43, *a Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMERCE BANK/HARRISBURG, N.A., Confessed Judgment assignee by assignment from Sovereign Bank, X Other (Judgment in Mortgage Foreclosure) which is successor by merger to Waypoint Bank, Plaintiff No.: 07-2818 Civil Term V. ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S STEPLER, also known as TRACEY SCOTT STEPLER, Defendants TO THE PROTHONOTARY OF THE SAID COURT: Amount Due: $25,438.54 principal, $75.56 in late fees, $562.66 in interest, plus interest accruing after April 30, 2007 at the rate of 3.0 percentage points above the Index as provided and calculated in the Note, plus any additional late fees, accruing after April 30, 2007, and all attorneys' fees, expenses and costs. The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended, Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendants: 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing execution against the above-named garnishee(s) for the following property: 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania Six (6) copies of the legal description of the land are attached. Date: August 73, 2007 Signature: Name: I.D. No.: Address: M lanie L. Vanderau Attorney for: Telephone: 476634v1 Exhibit "B" 203167 Mette, Evans & Woodside 3401 N. Front Street P.O. Box 5950 Harrisburg, Pa 17110-0950 Plaintiff (717) 232-5000 A.T,L: Tl-L4.T LEFT S,U La-10; psc";. f ian? sirs t? in t_h'e T o ;=,^ h=, ai I.o-? ?? zL?n, •Coun:ty of rUT.l"tb.2r1TTl? (o.;}--L cr...1•°_°_I11i' 14TH::;3'].tia.,)ia,rz0Tc Ot:jarI Dc 1 --n -c= =^s»7CL? BLG??'LG at points>ntne«5?:m d-t<ic_T17r,a?;J??: 0ad, S•R,0 1 (3p leer fzo© cerr??liu?)' . t?a? d.;tiiau,.g l nr• bLori N'O, y2 and 3 a s sbot,m;on t t b ? ei l ??r. P-1T C? p1.arZb?:lC4 2?OrtJ C?• ?i°t> GP?Crsi°i,l??u.'G?..?1ra,; 1?II? Of Li?t?'T1 ? 08d, ?_? ' 7lJ1 -i Ill L1Ga, ._._.: ?? . Nc ih GU"-R'?st.a d:str,?e'cf 11 O.O.I'? 1'A?? to . poet the ?i.? 1 .? ling;bertitieen ?.?r: ??ias, :an6 ? Lrj° 1G° ej uno t,-,E di'idtl?? lll,e btr? een LOLNi, na'f'of 24' 0 " Qt a. d> >l??c ° Cif421,%1 I?G_1t0apointiL.th ie27"bts.Cr2 tlt. c_=Lr1.TOLfLh111.EYeucx4zr7r?? 11 1.0? f,_`t to a poiT_)_ 21 n? ^?iv~;_i?g l;ne ?erA een, Tc_s scum 17 .° *$''•30" E?rt•? list- of r .G Al r.4• . and th=n?? ??org tHedi?z??? g?i?e be?v?'?cp Lots NcOs. -2 and nSouth 64 1, 000 .0J Or .U.r to a poMi op tt c nAs't ?rd?ca.ed riQh?•of-? ?=) line of Lis'ti? Road, 2c) ] ?. sEI3 pb? t IJ?Lr,Y•alc pl°.^e Of S G211:?ti?1 1G: ; CQNTAj_N'iN G 1.?i46 ac es. BEING .-Lot l-o, ?'a? sbor L orl tbe.t S?hdivisicnz0r F.ai-?J.1 fop ?cL,'sd;. pry be.i :".CC'T0, OL? LrtC1_ -LumDLrJ3II!] C-0 llL;-j' ox?T pf 'YU$ C.IRJC° DIl - A7C. 1.4, `a?rl' •1 - na C?a1i: C D SRC ?tJ, r` U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: ?vRV. & WOOQS11e 3401 NORTH FRONT W/, PO BOX 595JU 1 HARRISBURG PA 17111-095OUCT I, One piece of ordinary mail addressed to: Istvan Csizmadia a.k.a Istvan Csizmadia, Jr. 228 Lincoln Street Marysville, PA 17053 PS Form 3817. Mar. 1989 'U.S. G.P.O.: 1992 - 329-823169237 r o N urut?a ?OQ? s N o(A 1 itl M oS ? C) 10 o? o U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: METTE EVANS & WOODSIDE One piece of ordinary mail addressed to: Tracey S. Stepler a.k.a. Tracey Scott Stepler Shermansdale, PA 17090 S PS Form 3877, January 2001 1J RG. r. 'bo N NITRO T 2?o 3 I A I o ? 1454 o ?? 9 1 ?p m o? o ° 0 I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ti r PROVIDE FOR INSURANCE-POSTMASTER Received From: ti METTE EVANS & WOO V" 4 ? 3401 NORTH FRO"alffi wAdl o unur?o r ? WARRISRUR- - N ? ?(!7 L 200t One piece of ordinary mail addressed to: I +1 Wachovia Bank, N,A. N 123 South Broad Street Philadelphia, PA 19109 so0 v NQ ai PS Form 3817, January 2001 0 ° O U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: f i . EVANS WOODSIDE? iv: One piece of ordinary mail addressed to: Manufacturers & Traders Tr t 213 Market Street Harrisburg, PA 17101 G, . :? OO TFQ 2FOK: ? S 'n o any O ?d ! ?? IS P O ?e? M 1&? ° ;ooh. PS Form 3817, January 2001 o ID .., O U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER pp ,/' Received From: - I = LVHNS Ot WOO?S? 34+01 NORTH FROM ST , HARRISBURG PA 171 - 1 2W ?. One piece of ordinary mail addressed to: ? A. Commerce Bank/Harrisbu o o~ , 3801 ax on ree N Z 0 Harrisburg, PA 17111 m _4 R j N PS Form 3817, January 2001 °CD o ? 0 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT , PROVIDE FOR INSURANCE-POSTMASTER Received From: L ! I L wVANS & WOODS1 3401 NORTH FRONT ST y Q r° CT 3 20f w One piece of ordinary mail addressed to: "n -4 Commerce Bank/Harrisbu A, o o LY 3801 Paxton ree w ? Harrisburg, PA 17111 B ,O m V Nom/ PS Form 3817, January 2001 -? C. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: wRG & WOODSi P 1? 1 3401 NORTH FRONT ST PO BOX 59ju HARRISBURG PA 1711 -0950QCT 3, 1 One piece of ordinary mail addressed to: Istvan Csizmadia a.k.a Istvan Csizmadia, Jr. , 228 Lincoln Street Marysville, PA 17053 PS Form 3817. Mar. 1989 'U.S. G.P.O.: 1992 - 323823+69237 r ° ° uwteo 0001 o !?? Ao 02 m s 0 0 CD --j U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND PROVIDE FOR SURANCE POSTMASTERNATIONAL MAIL, DOES NOT -`BURG. Received From: METTE EVANS & WOODSID orn 31 N nure,?p HARRISBURG P 1711fl-agin ? N 9? One piece of ordinary mail addressed to: Manufacturers and Traders Tru t Co ? o a 3'O One M&T Plaza SP Buffalo, NY 14240 0 ?? Z Attn: General Counsel's Office V N Q PS Form 3817, January 2001 ° 0 ° -j O U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: 1 EVANS & WO BBB C-12, 771 One piece of ordinary mail addressed to: Thomas J. Miller and nn Miller 160 Sherman Street Hanover PA 17331 SPS PS Form 3597, January 2001 N uNrre m s9 ? N a 0 ,a NN ? s 0 ? 7 M ; ?? o _ o r? N Q v °Ul -' G U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: VIETTE EVANS & WOODS 3401 NORTH FRONT SX PO BOX 5950 One piece of ordinary mail addressed to: Cumberland County Tax \?ai&,,Bureau PS Form 3817, January 2001 dww" uwrFo _ _ s ? a (D N_ I ti m; NO N O C) 0 o -r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Commerce Bank/Hb Inc is the grantee the same having been sold to said grantee on the 9th day of Jan A.D., 2008, under and by virtue of a writ Execution issued on the 23 day of Aug, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2818, at the suit of Commerce Bank/Hbg N A against Istvan Csizmadia aka Istvan Jr & Tracey S Stepler aka Tracey Scott Stepler is duly recorded as Instrument Number 200804891. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 1'110 J.t , A.D. oZy O 8 day of 0 ' Recorder of Deeds Recorder of Deeds. Cumberfar4 county. came, PA * C'1831 Expires the F** Y Of Jan. 2010 Commerce Bank/Harrisburg, NA, assignee by .In the Court of Common Pleas of Assignment from Sovereign Bank, which is Cumberland County, Pennsylvania Successor by merger to Waypoint Bank Writ No. 2007-2818 Civil Term VS Istvan Csizmadia a/k/a Istvan Csizmadia, Jr. and Tracey S. Stepler a/k/a Tracey Scott Stepler R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Istvan Csizmadia a/k/a Istvan Csizmadia, Jr. and Tracey S. Stepler a/k/a Tracey Scott Stepler, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, according to law. Perry County Return: And Now, September 17, 2007 at 1407 hours served the within Real Estate Writ, Notice of Sheriffs Sale and Description upon the within named defendant, Istvan Csizmadia a/k/a Istvan Csizmadia, Jr. by personally handing to Istvan Csizmadia at 411 Landsvale Street, Marysville, Pennsylvania, and made known unto him the contents thereof. So answers: Carl Nace, Sheriff of Perry County, Pennsylvania. Perry County Return: And Now, September 17, 2007 at 1020 hours served the within Real Estate Writ, Notice of Sheriffs Sale and Description upon the within named defendant, Tracey S. Stepler a/k/a Tracey Scott Stepler by personally handing to Kristen Stepler, adult sister of Tracey Scott Stepler at 822 Pisgah Road, Shermansdale, Pennsylvania, and made known unto him the contents thereof. So answers: Carl Nace, Sheriff of Perry County, Pennsylvania. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2007 at 1509 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Istvan Csizmadia a/k/a Istvan Csizmadia, Jr. and Tracey S. Stepler a/k/a Tracey Scott Stepler located at 3705 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Istvan Csizmadia a/k/a Istvan Csizmadia, Jr. by regular mail to his last known address of 411 Landsvale St., Marysville, PA 17053. This letter was mailed under the date of October 16, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Tracey S. Stepler a/k/a Tracey Scott Stepler by regular mail to his last known address of 822 Pisgah Road, Shermansdale, PA 17090. This letter was mailed under the date of October 16, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on January 09, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $6,000.00 to Attorney Melanie L. Vanderau, on behalf of Commerce Bank/Harrisburg, N.A. It being the highest bid and best price received for the same, Commerce Bank/Harrisburg, N.A. of 3801 Paxton Street, Harrisburg, PA 17111, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $2,666.04. Sheriffs Costs: Docketing $30.00v Poundage 120.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 12.48 Levy 15.00 Surcharge 30.00 Out of County 9.00 Perry County 72.80 Post Pone Sale 20.00 Law Journal 355.00 Patriot News 335.72 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 40.00 $1,170.42 ? So Answers: R. Thomas Kline, Sheriff i BY r Real Estate S eant ?, zcs'o4k z i Melanie L. Vanderau, Esquire Identification No. 203167 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff r COMMERCE BANK/HARRISBURG, N.A., assignee by assignment from Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 07-2818 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Commerce Bank/Harrisburg, N.A., assignee by assignment from Sovereign Bank, which is successor by merger to Waypoint Bank, sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed, the following information concerning the real property located at 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania (Parcel No. 13-29-2445-018, as more particularly described on Exhibit "A" attached hereto: v -1- I . Name and address of owner or reputed owner: Istvan Csizmadia, Jr. 228 Lincoln Street Marysville, PA 17053 2. Names and addresses of Defendants in the judgment: Istvan Csizmadia, also known as Istvan Csizmadia, Jr. 228 Lincoln Street Marysville, PA 17053 and Tracey S. Stepler, also known as Tracey Scott Stepler 822 Pisgah Road Shermansdale, PA 17090 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Wachovia Bank, N.A. 123 South Broad Street Philadelphia, PA 19109 Manufacturers & Traders Trust Company 213 Market Street Harrisburg, PA 17101 Commerce Bank/Harrisburg, N.A. Commerce Center 3801 Paxton Street Harrisburg, PA 17111 4. The name and address of the last recorded holder of every mortgage of record: Commerce Bank/Harrisburg, N.A 3801 Paxton Street Harrisburg, PA 17111 -2- SCHEDULE OF DISTRIBUTION SALE NO. 58 Date Filed: February 5, 2008 Writ No. 2007-2818 Civil Term Commerce Bank/Harrisburg, N.A., assignee by assignment from Sovereign Bank, which is successor by merger to Waypoint Bank VS Istvan Csizmadia, a/k/a Istvan Csizmadia, Jr. and Tracey S. Stepler a/k/a Tracey Scott Stepler 3705 Lisburn Road Mechanicsburg, PA 17055 Sale Date: January 09, 2008 Buyer: Commerce Bank/Harrisburg, N.A. Bid Price: $6,000.00 Real Debt: $25,438.54 Interest: Attorney Writ Costs 240.11 Misc. Costs: 75.56 Total: $25,754.21 DISTRIBUTION: Receipts: Cash on account (08/31/2007): $ 1,500.00 Cash on account (02/05/2007): 1,166.04 Credit Writ No. 2007-2818 Civil 3,333.96 Total Receipts: $6,000.00 Disbursements: Sheriff s Costs Legal Search Cumberland Co Tax Claim Bureau Bonnie Miller, Tax Collector Credit Writ No. 2007-2818 Civil Term Total Disbursements: Balance for distribution: So Answers: , ii%?,ry.,??a?.?eC r??? $1,170.42 300.00 1,061.28 134.34 3,333.96 ($6,000.00) 0.00 R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 58, held January 9, 2008 EFFECTIVE DATE: January 7, 2008 PREMISES: 3705 Lisburn Road, Lower Allen Township, Cumberland County Pennsylvania, Lot No. 2, Plan Book 80, Page 43 Tax Parcel No. 13-29-2445-018 (the "Premises") RECITAL: Being the same premises which Tracey S. Stepler, single man, by his Deed dated March 30, 2006 and recorded April 6, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 273, Page 4484, granted and conveyed unto Istvan Csizmadia, Jr., single man. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after Januaryl, 2008. 20. Subject to the spousal rights, if any, of any spouse of Istvan Csizmadia, Jr. -2- 21. Mortgage in the amount of $100,000.00 from Tracey S. Stepler to Waypoint Bank dated January 8, 2004 and recorded January 20, 2004 in Mortgage Book 1851, Page 3619, assigned January 30, 2007 in Misc. Book 734, Page 6 to Commerce Bank/Harrisburg, N.A. 22. Mortgage in the amount of $50,000.00 from Istvan Csizmadia, Jr. to Commerce Bank/Harrisburg, N.A. dated December 8, 2006 and recorded December 21, 2006 in Mortgage Book 1977, Page 11. 23. Mortgage in the amount of $26,121.70 from Istvan Csizmadia to Manufacturers and Traders Trust Company, dated January 23, 2007 and recorded January 25, 2007 in Mortgage Book 1980, Page 2446. 24. Mortgage in the amount of $14,715.11 from Istvan Csizmadia, Jr. to Thomas J. Miller and Lynne Miller, husband and wife, dated January 26, 2007 and recorded February 5, 2007 in Mortgage Book 1981, Page 2951. 25. Judgment against Istvan Csizmadia and Tracey S. Stepler in favor of Commerce Bank/ Harrisburg, N.A. in the amount of $26,076.76 entered June 21, 2007 to No. 2007-2818. 26. Judgment against Tracey S. Stepler and Istvan Csizmadia in favor of Wachovia Bank, N.A. in the amount of $25,980.38 entered January 11, 2007 to No. 2007-197. 27. Judgment against Istvan Csizmadia in favor of Manufacturers and Traders Trust Company in the amount of $26,121.70 entered January 22, 2007 to No. 2007-462. 28. Real Estate taxes due the Cumberland County Tax Claim Bureau in the amount of $538.37, together with possible additional accrued interest, penalties and costs. 29. All building setback lines, easements, notes, conditions and all other matters appearing on the Plan of Rafail Popescu recorded in Plan Book 80, Page 43. 30. Subject to the rights granted Lower Allen Township Authority in Misc. Book 483, Page 1073. 31. Subject to all matters, notes and conditions on the survey made reference to and set forth in Deed Book H, Volume 29, Page 377. 32. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Lisburn Road. 33. Subject to the raparian rights of others, if any, associated with Yellow Breeches Creek. -3- The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Olx-? - Keith O. Brenneman -4- Real Estate Sale No. 58 Writ No. 2007-2818 Civil Term Commerce Bank/Harrisburg, N. A., assignee by assignment from Sovereign Bank, which is successor by merger to Waypoint Bank vs. Istvan Csizmadia a/k/a Istvan Csizmadia, Jr. and Tracey S. Stepler a/k/a Tracey Scott Stepler Atty.: Melanie Vanderau DESCRIPTION ALL THAT CERTAIN tract or par- cel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Lisburn Road, S. R. 2017 (30 feet from centerline) at the dividing line between Lots No. 2 and 3 as shown on the hereinafter mentioned plan; thence along the eastern dedicated right-of-way line of Lisburn Road, S. R. 2017, North 25 degrees 36 minutes 00 seconds West a distance of 110.00 feet to a point at the dividing line between Lots Nos. 1 and 2; thence along the dividing line between Lots Nos. 1 and 2, North 64 degrees 24 minutes 00 seconds East a distance of 421.71 feet to a point in the Yel- low Breeches Creek; thence through the Yellow Breeches Creek, South 17 degrees 48 minutes 50 seconds East a distance of 111.02 feet to a point at the dividing line between Lots No. 2 and 3; thence along the dividing line between Lots Nos. 2 and 3, South 64 degrees 24 minutes 00 seconds West a distance of 406.67 feet to a point on the eastern dedicated right- of-way line of Lisburn Road, S. R. 2017, said point being the place of BEGINNING. CONTAINING 1.046 acres. BEING Lot No. 2 as shown on the Final Subdivision Plan for Rafail Popeseu, said plan being recorded in the Cumberland County Recorder of Deeds Office on December 14, 1999, in Plan Book 80, page 43. EXHIBIT A A A 4:d - :4 L?:'lr EFTAI ?? s t or patczA bz l3na' stfilat m t_h?- To -shi, cri Lower Allen, otint? OA Cuu+berl?,nd,,'Co-?xta?nveslth ?z'.Per?;,y?.vaniu;. znorcpar?iauiar]S? br?unde3 a?.d d ?c?b.e?, a? fcllc?v?, tc m it. BEG) .NG at a point an'the ea t dedic-attd ziehj-of wa,? lint or l isburp Raad, r. R. 34:1;r -(30 from. cent?ztine)' at tai;; c4vZ?.g line beft??ocn Lots No,.2 ,and ,3 shQ} ?' o?i tlae einafter. mendoned-plan; dance along r,.be,eastern deaicated:tigl?t:Qf?v,e? line of Lisbuxn. Road ?l North 25 3' OU" R'es! a distsr??a.tSf 17 O.QCi lA?t to .s poim s the di?'id%g ling ;beta ear. La*s Nos, l and -2; The,= along tine cli?idrz?g•li?e between LQty ?41ou ? alxe ?, Nartii;54 ° 24' bp" East a. disi?race ar 42l , i l fort to a pointir? u1e Yeaou+.Btc???e5 Creela; tn?ce ttauth ilie ?,rallo??? B: c..ches Cpl;, South 17 ° 48"30',' East-a- ista?ice'of 111.02 feet to s paint at.sri aividing'line bG?Je;n 1r?ts.?1o' ?: and 3,> thence along the?lilza line ,g betv?een Lois t?o,s• Z and 3; South 04"' 24' 001' Vaest. a 3ist3i?ce of406.67 fe'rtIo a point oa the easi?^n cirdicatc-d right•of-way line of Lislb u='Road, S.R. 2C )l 7,.said point being Ibc placc of BEGnglr TT?-, G. =. a. C(iNTA&ING.1.U45 acrcy. BEUw'G, Lot lvo. 2'a5 sbpitm on p' for F. fall >'o e- the.r.?til:Subdivisia?i..Il??rr: p ?rrir,'said pl i =cordod in the Cumberland Ccunzl: e" 6rd.er of Deiwds Offsce'on sec rabv ). , 1 999; in elan Bu ?4, page 43. ' , ,' • ' '. ' . .• Melanie L. Vanderau, Esquire Identification No. 203167 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS OF N.A., assignee by assignment from CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank, which is successor by merger to Waypoint Bank, Plaintiff V. : DOCKET NO. 07-2818 CIVIL TERM ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That a Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 on December 5, 2007 at 10:00 a.m., prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A".) THE LOCATION of the property to be sold is: 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania Parcel No: 13-29-2445-018 THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 07-2818 Civil Term THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Istvan Csizmadia, Jr. A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, I Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE OR REDUCED FEE LEGAL ADVICE. Cumberland County Bar Asgociation 32 S. Bedford Street Carlisle, Pennsyvlania 17013 (717) 249-3166 (800) 990-9108 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff s Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Civil Division, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B". SHERIFF OF CUMBERLAND COUNTY -3- 474357v1 ALL:TM-kT C'EPT'AUN zs t or F; rc?1 t;z I-=6 sl matt in th?•Tmv-phip pi L Tamer .nil?n, Cotuii? Or Cun?berld;_'Co?nmona? eslth?°Per:,3?1.v3nis;. znor psrticularlg' boiM*?d3 aid d;- ;coeds fc?o?n', BEG.L G a't a PC in, oti the cas.tom dedio'att4z ehi-,of w y' linc of Lisb=. ?,oacl, 20:17(30• zeef. from aentezlix?e)' at tb? diyiing line bert?'t Lots o; •2 and 3 a5 5ba } ;ori x1?e hL-reina- ner. inennnncd.plan; iliarice 210111 [he;eapiera denicated tight-of,v,,s) iine' of. Lisburn. Road., S_R 2?orth 2J. 36''QU,? 1?'?s! a distgncs'.af 1.10.00 reet to.a point at ?he diviaizrl Li ,bet-,?c?n 1 'and 2-1 th.-nce alon. the dh'itit zAliz e beaeen LoIs No- 1 &.ad 2, Nann:54 ° 24' DO" Ersi a di5ta . Uce of 421.1/1 feet to a po ntirtthe'Y6DO`Af.Errnh s Creek; t1,-nce .lhr0ugh the YOUD'A Breeches Cr?rl;, South 17° 4:50'; East.a'dists is bf III .0.21tet to s point at,sne3lvi`ang'linz'b rv,'e_r? ?.ots. c?: ?: and 3; ny-e .along the dil?ding line beiv?weo Li is t?o,s• and South 5.4 ` 24'0011 West. a dist4zce of Or.67 ficrt'io a pciW an the eas't? n cYdic " right-Af-w ?liac of Lis?iJl Road, S•:R. ? G) ?, said point being ibe place of BE'GLM'rP?. G. ,; ' CONTALNING-L'U46 acrrs. EIJv'G'Lnt1 o. 2'a,5 skoin an the. Fi, l:Sabdil?sic?,Plan for F. i Pope;o .paid piazi.ireios' zrcazdod 1/g t'be ?.imb?aac] C?vnty'l':sc?z?r of Dads C?ffJCCbti 1=iccemb? I.?•, 7 ?9g; ?r, Pla.?i Brea page 40 ;w1/ Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMERCE BANK/HARRISBURG, N.A., Confessed Judgment assignee by assignment from Sovereign Bank, X Other (Judgment in Mortgage Foreclosure) which is successor by merger to Waypoint Bank, Plaintiff No.: 07-2818 Civil Term V. ISTVAN CSIZMADIA, also known as ISTVAN CSIZMADIA, JR., and TRACEY S. STEPLER, also known as TRACEY SCOTT STEPLER, Defendants Amount Due: $25,438.54 principal, $75.56 in late fees, $562.66 in interest, plus interest accruing after April 30, 2007 at the rate of 3.0 percentage points above the Index as provided and calculated in the Note, plus any additional late fees, accruing after April 30, 2007, and all attorneys' fees, expenses and costs. TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended, Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendants: 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing execution against the above-named garnishee(s) for the following property: 3705 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania Six (6) copies of the legal description of the land are attached Date: August 'Z3 2007 Signature: ?U? ) M Janie L. Vanderau I.D. No.: 203167 Address: Mette, Evans & Woodside 3401 N. Front Street P.O. Box 5950 Harrisburg, Pa 17110-0950 Attorney for: Plaintiff Telephone: (717) 232-5000 476634v1 Exhibit "B" 6.,LL; MkT CERTA.U\ =-- t oi'?' ?l vJ GI'1?-]6' Si l , a c in _}I--' Tcvvn n:- CI Lo?r° i r=.i? toT C oun-cy of : rUI1tb_Iti ld, ?O ;Zt"L^Il',?, 1 ,+?I.r iajl,v?!71. ...oJc. U. 1.215' ocun6i cad 3 uC? D?d ac iCinY,'3, 3EG1-N7.\'LNG at a porn, cn''tne eSiZY;t d--6inT.?,-d ithl-0f-way ILnt of L isb= Road S.?,.. 2fj1 7 (3U• . ,feet. from centp:lin?)' . tbt d3tiid n-6 lint Lots ,2 and ? sboti m ;ori t1?e h eu =tar menrsCncdpl4r; tb?nCe alazL ue tern be a)? Ln-'of U#izn Road, S.F ' 2fa) ", North %:1.' ?o' GU° H'?s! a ?:stsnce'.?f 11 O.D.G l°et t? , ptin? 1 the dliVi4 ,' lin?;bereer. L,?cos, , 1 and. 2; thence alons' lbt dh tag iir:e b?t??een Lots ?40?° , anu? 2 'l??r?n:54 ` 2?' b0" East a. ?5t?ce 0'. 4 2 j . !) iG°_1 LO fl ?JOii?tw,Ll1?'?'e?.ID?+.?I'?°'??lzS. CC??li•1 4J'?C+?,T,I]_rOll`t • tl1? ?T?1101?r BrCtC?]C? r7t'??; South 17.- Earrt a'dista6cwa bf 111.0,21ttL'to a point ai.int, 4JMcing•liae ??ra ern. L ?±s .;?fc>'. ?' and 3; the n?:e a1?ng the di,zai??*g?ine betv?ecn Lo15No.s, an d 3 So*utY E4 ` ?' 0 0" ?W:st, a d15t??cL of4 Or,.d:r 11e'-t-to a point cc the rc..-s't n 6:dicitc-d riaht-of•s?'cy line of Li5'L;L-n'Raad S..R '? G l ?. said pciac >Jein? the ?3=:: Of BE CQ1? TALH,II? G I .E?? 5 ac,^,.s. ' , . • BEING. Lot loo, ?. as sbcivn on {lie. ?L^.al: Subdi?'isicn.>'2ar for R?.l PoP?cL,•'sdi.? plaxi. bei z-.?azdod is tae CLUraberJan3 l"oun?'?''c?°r o Dyds C?nyce'nn ?ece ?b ).4,g9, a? P1 Bea;. R0, page' 4? , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N007-2818 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Commerce Bank/Harrisburg N.A. Assignee by Assignment from Sovereign Bank, which is successor by merger to Waypoint Bank Plaintiff (s) From Istvan Csizmadia also known as Istvan Csizmadia Jr. and Tracey S. Stepler also known as Tracey Scott Stepler (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $25,438.54 L.L.$0.50 Interest $562.66 plus interest accruing after April 30, 2007 at rate of 3.0 percentage points above the index as provided and calculated in the Note Atty's Comm % Due Prothy $2.00 Atty Paid $240.11 Other CostsLate Charge $75.56 Plaintiff Paid Date: August 23, 2007 tur& R. Long, Prothonotary (Seal) / _ e- Deputy REQUESTING PARTY: Name Melanie L. Vanderau, Esq. Address: 3401 N. Front Street P O Box 5950 Harrisburg, Pa. 17110-0950 Attorney for: Plaintiff Telephone: (717)232-5000 Supreme Court ID No. 203167 ImaRms alelsg iva-d xg LOOZ 9 .zagwajdaS :aleQ •uianq pajwodzoaui aauazajaj sigj ,?q pu-u llim siul ql!m pain it??~ «V„ llglgxg uo pagposap Xiinj wow 12.ingsatuugoaW `puo?j uingszg SOLE su pajagwnu puu umouX Vd `,ilunoD puulaagwnD `digsumoZ uallV nmog ui pajunj!s Xuado id lua z aqj ui isa m ui s jutpuajap 341 uodn painal33tjauS OT LOOZ `9 i;Dgwald;)S up 8S # aluS almsg pe;DW .f ?E f`I ?illl PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: November 23 November 30, and December 7 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ie Coyne, SWORN TO AND SUBSCRIBED before me this 7 day of December, 2007 _ Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 The Patriot-News Co. 812 Market St. K rrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 CKKAW WaRPWOObw is ft Miirft iif[.eM ' Carty Csm?a?ed, Of ow+c P asd ,a igt?o?rs, ti wit rt ? gpMt atthe wrly lira of LOAN Sot 3 IL 2W7 ' t (V fed fate cimliGlt3 it *0-aaiat ift batwaer IQs iib. 2 iod 3 n dM as do j, im t .kedm ok salve *% do ! isafto did s* a4*q e[ Lilbmt Jft6L'%_1L 2t11T.) ZS?dA 'tdl> ........... Sworn to a su/b(ibed b o me this 30 day of November, 2007 A.D. N tary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L. (lark, Notary Public City OF HanWxn, Dat#*1 County My Commis m EWres June 2, 2008 Member, Pennsylvania Association of Notaries