The URL can be used to link to this page

Home My WebLink About03-4303 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF j ~~ : NO. 0- '/30.:3 VS. HARRY S. CLAYPOOL & SONS, INC. DEFENDANT CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint is 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF : NO. VS. HARRY S. CLAYPOOL & SONS, INC. DEFENDANT CIVIL ACTION - LAW A VISO USTED HA S100 DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero recIamado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE o NO CONOCE UN ABOGADO, VA Y A 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF NO. 0...:3 _ 'fjo3 VS. HARRY S. CLAYPOOL & SONS, INC. DEFENDANT MORTGAGE FORECLOSURE ~QHEllalHI AND NOW, TO WIT, 2 I'd this ~ day of \..~beJt , 2003, comes the Plaintiff, John H. Myers & Son, Inc., by and through its attorneys, Eveler & Eveler, and files this action in Mortgage Foreclosure, whereas the following is a statement: 1. The Plaintiff, John H, Myers & Son, Inc" is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania and having its principal place of business at 2200 Monroe Street, P. O. Box 1924, York, York County, Pennsylvania 17405, 2, The Defendant, Harry S. Claypool & Sons, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 1300 Mountain Laurel Circle, Harrisburg, Dauphin County, Pennsylvania, 17110. 3, On or about April 7, 1999, the Plaintiff and Defendant entered into an open-end mortgage which is recorded in Record Book 1532, Page 665, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. A copy the mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The property subject to the mortgage is more fully described as follows, to wit: ALL that certain tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 4 as shown on the Plan entitled Pinehurst Final Subdivision Plan Phase IVB, dated August 22, 1996 and recorded in Cumberland County Plan Book 73, Page 66, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Monterey Drive (50 foot right-of-way) and being a northerly corner of Lot No.5; thence along Lot No,S, South eighty-two (82) degrees forty-seven (47) minutes forty-four (44) seconds West, one hundred eighty-nine and eighty hundredths (189.80) feet to an iron pin, being a westerly corner of Lot No. 5 and lying in an easterly line of lands now or formerly of Chalmer L, and Mary C. Chamberlin; thence along said lands, North four (04) degrees sixteen (16) minutes fifty-three (53) seconds West, one hundred ninety-seven and ninety hundredths (197.90) feet to an iron pin, lying in said line and being a southerly corner of Lot No, 3; thence along Lot No, 3, North eighty-two (82) degrees forty-seven (47) minutes forty-four (44) seconds East, one hundred eighty-five and forty-one hundredths (185.41) feet to an iron pin, being an easterly corner of Lot No, 3 and lying in a westerly right-Of-way line of Monterey Drive; thence along said right-of-way, along a curve to the left, having a chord bearing of South one (01) degree forty-nine (49) minutes forty-six (46) seconds East, a chord distance of sixty and eighty-nine hundredths (60.89) feet, a radius of three hundred twenty-five and zero hundredths (325,00) feet, and an arc length of sixty and ninety-eight hundredths (60,98) feet to an iron pin; thence continuing along said right- of-way, South seven (07) degrees twelve (12) minutes sixteen (16) seconds East, one hundred thirty-seven and three hundredths (137.03) feet to an iron pin, being the place of BEGINNING. CONTAINING 0,841 acre and being known and numbered as 1943 Monterey Drive, UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements, Restrictions, Equitable Servitudes, Charges and Liens dated October 4, 1989 and recorded October 5, 1989 in Cumberland County Miscellaneous Book 370, Page 86, as adopted by Amendment dated December 4, 1996 and recorded December 6, 1996 in Cumberland County Miscellaneous Book 536, Page 398. IT BEING the same premises which pamay Development Co" Inc., a Pennsylvania corporation, by deed dated March 29, 1999 and recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Book 197, Page 207, granted and conveyed unto Harry S. Claypool & Sons, Inc., a Pennsylvania corporation, 5, The Defendant is the real owner of the land subject to the mortgage, 6. Pursuant to the terms of the mortgage, and underlying note, the sum of Four Hundred Eighty Thousand ($480,000.00) Dollars was to be repaid on or before April 7, 2000, with interest at the rate of two (2%) percent per annum over the prime interest rate. 7 . The mortgage is default because Defendant's failure to pay the principal, interest and extension fees on or before June 30, 2003. In addition, Defendant failed to pay the real estate taxes required by the mortgage. 8. Pursuant to the terms of the mortgage, as a result of Defendant's default, the entire principal balance is presently due, 9. Under the terms of the mortgage, the following amounts are presently owed: a. Principal Balance $480,000.00 b, Interest through 12/10/03 Sheriff Sale (per diem is $106.67) c. Unpaid Extension fees 23,293.53 12,000.00 d. Attorney's fees @ 5% per mortgage document 24,000.00 e. Miscellaneous costs (title search, certified mail, etc. ) + 100.00 TOTAL $539,293.53 10. This mortgage is not subject to the notice provisions of Act of January 30, 1974, P.L. 13, No.6, (41 P.S. Section 403). 11. The mortgage is not subject to the Homeowner's Emergency Mortgage Assistance Act of 1983 in that the property is not the residence of the Defendant. WHEREFORE, the Plaintiff requests this Honorable Court to enter judgment in its favor and against the Defendants in the amount of Five Hundred Thirty-Nine Thousand Two Hundred Ninety- Three and 53/100 ($539,293.53) Dollars, as set forth in Paragraph 9, subsequently accrued interest and costs of suit. Respectfully submitted, ~2::L- ANDREA EVELER STANLEY f ESQUIRE EVELER & EVELER ATTORNEYS FOR PLAINTIFF 101 SOUTH DUKE STREET YORK, PA 17403 (717) 845-2757 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF YORK Personally appeared before me, a Notary Public in and for said County and Commonwealth, NICHOLAS J. GAZZANA, Secretary for JOHN H. MYERS & SON, INC" who duly sworn according to law deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of his information, knowledge and belief. JOHN H. MYERS & SON, INC. B<ttu#;..~~ SECRETARY ,z~ SWORN AND SUBSCRIBED to before me this ~1~ fy~~ , ~2003. ~ In. mvJ~ NOTARY PUBLIC day of ! Notari.1 S..I Tr.v. M. M.WIIIi...., Notary PIIbll. City of York, York Coonl)< My COII\rnlllllOil l!Jtpi.., MOt. 4. 2004 MorlWt,"""~lla~<<NIllII18a . \~L OPEN-END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES THIS INDENTURE, . CD CD :::I> ~, = C) c:: 7!: ::0 71 [)j ~~ <? rl1 0 1'.~J ;AJ ",.,'1 ill ~~:: l~::.', :.~:~1 .' i'\ (] :.~, :'',1 C.> C) t..~ _. -fl __'. ~~,... r'll ~- ...':J C'") ~.~ 1""11 r ---~ nl ril ~ C):::O I Ul -a J;>- 0:> :D ::3 ..-. o o o MADE THE 7th day of April in the year of our Lord one thousand nine hundred ninety-nine (1999), BETWEEN HARRY S. CLAYPOOL &: SONS, INC., a Pennsylvania Corporation, created and existing under the laws of the Commonwealth of Pennsylvania and having its principal place of business 'q.t,1210 Kings Circle, Mechanicsburg, Cumberland County, Pennsylvania, MORTGAGOR, party of the first part, and JOHN H. MYERS &: SON, INC., a corporation, created and existing under the laws of the Commonwealth of Pennsylvania and having its principal place of business at 2200 Monroe Street, York, York County, Pennsylvania, MORTGAGEE, party of the, second part: WHEREAS, the said Harry S. Claypool &: Sons, Inc., a Pennsylvania Corporation, in and by its certain obligation, or writing obligatory, under its corporate seal, duly executed and bearing even date herewith, stands bound unto the said party of the second part in the sum of ~OUR HUNDRED EIGHTY THOUSAND ($480,000.00) DOLLARS, conditioned for the payment of the just and full sum of FOUR HUNDRED EIGHTY THOUSAND ($480,000.00) DOLLARS, like lawful money as aforesaid, payable TWELVE (12) MONTHS from the date hereof, together with interest at the rate of TWO (2%) PERCENT per annum over the prime interest rate, said prime interest rate to be the lowest prime rate charged to established local customers by The Drovers & Mechanics Bank, said rate to be determined five (5) days prior to any date on which payments are due hereunder, the first payment of interest shall be due and payable one month from the date hereof and monthly thereafter. AND IN ADDITION, the Mortgagor herein further agrees that in the event any installment shall become overdue for a period in excess of fifteen Bood532 PAGE .665 ExHIBIT -A- (15) days, a late charge of two cents for each dollar overdue may be charged by the Mortgagee for the purpose of defraying expenses incident to the handling of such delinquency, together with the premiums of insurance, taxes, municipal assessments and charges from time to time assessed against or upon the hereinafter described mortgaged premises, without any fraud or further delay, as in and by the said recited obligation and the conditions thereof, relation to the same being had, more fully and at large appears, and in case of default in payment as aforesaid, shall also pay all costs, fees and expenses of collecting the same including an attorney's commission of five per centum. NOW THIS INDENTURE WITNESSETH, that the said party of the first part, as well for and in consideration of the aforesaid debt or sum of FOUR HUNDRED EIGHTY THOUSAND ($480,OOO.OO) DOLLARS, and for the better securing the payment thereof unto the said party of the second part, its successors and assigns, in discharge of the said obligation above recited, as for and in consideration of the further sum of one dollar in specie, well and truly paid to the said party of the first part, by the said party of the second part, at and before the ensealing and delivery hereof, the receipt of which one dollar is hereby acknowledged, has granted, bargained, sold, released and confirmed, and by these presents does grant, bargain, sell, release and confirm unto the said party of the second part, its successors and assigns, ALL that certain tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 4 as shown on the Plan entitled Pinehurst Final Subdivision Plan of Phase IVB, more particularly set forth on Exhibit "A" attached hereto and made a part hereof, , 1 TOGETHER with all and singular the buildings, improvements, woods, ways, rights, liberties, privileges, hereditaments and appurtenances to the same belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. TO HAVE AND TO HOLD the said hereditaments and premises above granted, or intended so to be, with the appurtenances, unto the said party of the second part, its successors and assigns forever. THIS MORTGAGE/INDENTURE secures the payment of any and all liabilities of the Mortgagors to John H, Myers & Son, Inc, now existing or hereafter incurred, directly, by assignment or otherwise, matured or unmatured, direct or contingent, primary, secondary, sole, joint or several or jointly or severally with any other person or entity. AND it is further understood and agreed, that the said party of the first part, its successors and assigns, will pay all taxes, municipal assessments and charges from time to time assessed against or upon said mortgaged premises forthwith when the same become due and payable, and will keep the buildings erected upon the said premises insured in some good and reliable fire insurance company or companies licensed to transact business in the Commonwealth of Pennsylvania, in Boor1532 PAGE .666 the amount of at least FOUR HUNDRED EIGHTY THOUSAND ($480,000.00) DOLLARS, and shall take no insurance upon said buildings not marked for the benefit of the Mortgagee, and the policy or policies, with a proper mortgagee or loss payable clause attached, shall be delivered to and held by the said party of the second part, its successors and assigns, as collateral security for the payment of moneys secured hereby, and in case said party of the first part, its successors and assigns, shall neglect to procure such insurance, or shall neglect to pay said taxes, municipal assessments and charges forthwith when the same become due and payable, the said party of the second part, its successors and assigns, may take out such policy or policies in its own name, and may pay such taxes, municipal assessments and charges, and the premium or premiums paid therefor, and the sum or sums paid for such taxes, municipal assessments and charges as aforesaid, shall bear interest from the time of payment, and be added to and collected as part of the said principal sum and in the same manner. And it is further agreed and understood that in case default be made at any time in the payment of the principal debt or any installment of principal debt or interest, or any part thereof, or of any taxes, municipal assessments, charges or premiums of insurance aforesaid, for thirty (30) days after the same falls due as .aforesaid, the whole of the said debt and interest and additions thereto as aforesaid shall, at the option of the said party of the second part, its successors and assigns, become due and payable forthwith; and thereupon an action of mortgagee foreclosure as now provided by Pennsylvania Procedural Rules 1141 to 1148, both inclusive, or other appropriate proceedings, now or hereafter prescribed by law, may forthwith be commenced and prosecuted to judgment, execution and sale, for the collection of the whole amount of the said debt and interest remaining unpaid, together with all premiums of insurance, and all taxes, municipal assessments and charges, and all fees, costs a~d expenses of such proceedings, including attorney's commission of five per cent, of the sum, And all errors in said proceedings, together with all stay of or exemption from execution, or extension of time of payment which may be given by any Act or Acts of Assembly now in force, or which may be enacted hereafter, are hereby forever waived and released, PROVIDED ALWAYS, NEVERTHELESS, that if the said Harry S. Claypool & Sons, Inc., a Pennsylvania corporation, .its successors and assigns, does and shall well and truly pay, or cause to be paid unto the said party of the second part, its successors and assigns, the aforesaid debt or sum of FOUR HUNDRED EIGHTY THOUSAND ($480,000.00) DOLLARS on the day and time hereinbefore mentioned and appointed for the payment thereof, together with lawful interest for the same and the premiums of insurance aforesaid, taxes, municipal assessments and charges, in like money, in the way and manner hereinbefore specified therefor, without any fraud or further delay, and without any deduction, defalcation or abatement to be made, for or in respect of any taxes, charges or assessments whatsoever, that then, and from thenceforth, as well this present Indenture, and the estate hereby granted, as the said obligation above recited, shall cease, determine and become absolutely null and void to all intents and purposes, anything BOO~ 1532 PAGE [j67 hereinbefore contained to the contrary thereof in anywise notwithstanding. THIS MORTGAGE is intended to be a purchase money mortgage under the provisions of the Lien Priority Law of the State of Pennsylvania being the Act of June 28, 1951 (P,L. 927) amended, THIS MORTGAGE SECURES FUTURE ADVANCES. IT IS UNDERSTOOD that the party of the second part has not advanced to the party of the first part the total amount secured by this mortgage and therefore it is understood and agreed that the party of the second part is obligated to make further advances to the said party of the first part up to the total amount secured by this mortgage, and it is intended that such further advances, with interest, shall be secured by this mortgage equally and to the same extent as the amount originally advanced by the party of the second part to the party of the first part on the security of this mortgage and all such future advances shall be liens upon the property hereinabove described as of the date of this mortgage, IN WITNESS WHEREOF, the said Harry S. Claypool & Sons, Inc., a Pennsylvania corporation, has caused this Indenture to be signed by its President or Vice-President, under and by authority of its Board of Directors. HARRY S. CLAYPOOL & SONS, INC. By tl J (In & AJ'<d.-. i ~. CLA~;R:~'resident I do hereby certify that the precise residence and complete post office address of the within named Mortgagee is 2200 Monroe Street, P. O. Box 1924, York, York County, Penns ia, Bood532 PAGE J>68 COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF YORK On this, the 7'"1!4day of ~ ,1999, before me, a Notary Public, the undersigned officer, personally appeared HARRY S. CLAYPOOL, JR., who acknowledged himself to be the President of HARRY S. CLAYPOOL & SONS, INC., a Pennsylvania Corporation, and that he as such President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as President. In witness whereof, I hereunto set my hand and official seal, ~ hJp~AL) NOTARY PUBLIC Treva M Mc~!arlal Seal 'Yo '/IIams Notary p My Comm,'s ~rk, York C~Unty ublle SIOn Exp' Member, Penn Ires March 4, 2000 sylvania AssoCiation 01 N ct~nf:!'~ Book1532 PAGt 669 J ALL that certain tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No, 4 as shown on the Plan entitled Pinehurst Final Subdivision Plan of Phase IVB, dated August 22, 1996 and recorded in Cumberland County Plan Book 73, Page 66, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Monterey Drive (50 foot right-of-way) and being a northerly corner of Lot No,S; thence along Lot No,S, South 82 degrees 47 minutes 44 seconds West, 189,80 feet to an iron pin, being a westerly corner of Lot No. 5 and lying in an easterly line of lands now or formerly of Chalmer L. and Mary C. Chamberlin; thence along said lands, North 04 degrees 16 minutes 53 seconds West, 197.90 feet to an iron pin, lying in said line and being a southerly corner of Lot No, 3; thence along Lot No.3, North 82 degrees 47 minutes 44 seconds East, 185,41 feet to an iron pin, being an easterly corner of Lot No, 3 and lying in a westerly right-of-way line of Monterey Drive; thence along said right- of-way, along a curve to the left, having a chord bearing of South 01 degree 49 minutes 46 seconds East, a chord distance of 60.89 feet, a radius of 325,00 feet, and an arc length of 60,98 feet to an iron pin; thence continuing along said right-of-way, South 07 degrees 12 minutes 16 seconds East, 137.03 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.841 acre and being known and numbered as 1943 Monterey Drive, UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements, Restrictions, Equitable Servitudes, Charges and Liens dated October4, 1989 and recorded October 5, 1989 in Cumberland County Miscellaneous Book 370, Page 86, as adopted by Amendment dated December 4, 1996 and recorded December 6, 1996, in Cumberland County Miscellaneous Book 536, Page 398, IT BEING the same premises which pamay Development Co" Inc" a Pennsylvania corporation, by deed dated March 29, 1999 and about to recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, granted and conveyed unto Harry S, Claypool & Sons, Inc" a Pennsylvania corporation, MORTGAGOR herein",."'''',..,,,. , i'",~:~~.,r."'~~'t;~~t.-. ~""""-":~",,;;-~~~\:~~f.i - " 0.'''' ,." ""~'" -- ''''\:.I''..;)~O(' ',\. ,,;,"' ~ v . .'~C;',":!'~..i ~_.,i,j('- "i:'-;',/- ". : Cl ,~;,,'.!'~,"i,#t~/,.., IJ , v., . ""h "m1'.....- I . ( '.d'. -. ..> \"' l'lr '.. (J ." ~~ ,/,<'".., \l." '.. :'z.' n.. ~", 0:::: tJ .....,'. \lL' "~'f;- -( It..; :1'.: ^af. l"-7{i"~"~ 'I. L ,I 1- .,. '\'", l_::;.~Y"'\" Ill, ...1 , .. ,'. ~ ~ 0 I nr ~'.,/.,' ": f:,.... n ~1"A1 -'- ',-. ':' . ~ ..!~ , V'~ ~_, :<i::. I"'... ~~. ~ }.., '~"'.l!" i~"'~" ~~, ,.~. ,,. 1~i..4., ....."...... ". ;.Ii";:~. . .:- '7~li ".""'':- "'<l~/'f..~ \'\ "c$ ,,~.,,~ .;!!!'p'" ~ ~. be State of pennSYlvania} COllntv of Cumberland 88 R6~a oed ~ice for the recording of Deeds eel I nd berland County, a, In ,,+-' P c:: . VI 1._ Ig 9 wUne y han I of 0 Carlisle. PA lhi day t9 9 ... ~~,,7 ~~- Re (j' EXHIBIT "A" BOOK 1532 fAG€ .670 ~ ~ (\ ~ - .{: 4 - )v 'J ~ ~ -J ~ 0-., . \ ~ -, ,- 1 , ) :; "'; @) .'-) ,. '.,'1 ~C -; 'D _, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF : NO, 03-4303 Civil Term VS. HARRY S. CLAYPOOL & SONS, INC. DEFENDANT : CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I accept service of the Mortgage Foreclosure Complaint on behalf of the Defendant, Harry S. Claypool & Sons, Inc., and certify that I am authorized to do so. DATE 91 ~ /03 /~ G~MBLUM, KNUPP, KODAK P. O. BOX 11848 HARRISBURG, P A 11848 (717) 238-7151 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF NO. 03-4303 Civil Term VS. HARRY S. CLAYPOOL & SONS, INC. DEFENDANT TO THE PROTHONOTARY PRAECIPE FOR ENTRY OF JUDGMENT ENTER JUDGMENT by virtue of the stipulation for entry of judgment contained in a Settlement Agreement attached hereto and incorporated herein by reference against Harry S, Claypool & Sons, Inc, in favor of John H, Myers & Son, Inc. in the sum of $539,293.53 Total: $539,293.53 plus costs of su~ \ CJl C:' / 1~'---tL~ (j:)_ i. (ANDREA EVELER STANLEY, ESQUIRE ! NO. 34347 ATTORNEY FOR PLAINTIFF EVELER & EVELER 101 SOUTH DUKE STREET YORK, PA 17403 (717) 845-2757 ~F!i!.1 / c! thisfday according to , 2003 Judgment entered by the Prothonotary the tenor of the above statement. ~ J' . ,JJ"/u .f~/-~if PR THO~91ARY ~ ! . 6f./fb;?"-.7~ SEP-D9-2003 rUE 03:21 PM EVELER & EVELER FAX NO. 7178431361 p, 02 Sl!:~ AND i'OPJl1l!UANCB AGR2DfIP.1IIT a,71f THIS A(;REEMENT entered into this J day of September, ::003, by and between John B. Myers' Son, Inc., (nP1aintiff"), a Pennsylvania corporation with a principal place of bm:iness at 2200 Monroe Street, P. O. Box 1924, York, York County, Pennsylvania, and Harry S, C1aypoo1 , Sons, Inc., ("Defendant"), a Pennsylvania corporation organized and existing under the l.,ws of the Commonwealth of Pennsylvania with a principal pJace of business at 1300 Mountain Laurel Circle, Harrisburg, Dauphin County, Pennsylvania, 17110. llECIT~T.S WHEREA,:, on April 7, 1999 Plaintiff entered a loan in the principal alltOunt of $480,000 to Defendant; and WHEREA", the loan is secured by a Mortgage on property located at l,ot No. 4 as shown on the Plan entitled Pinehurst Final Subdivision Plan of Phase IVB, Hampden Township, Cumberland County, Pennsylvania, and recorded on April 8, 1999 in the Recorder's Office in and for Cumberland County, Pennsylvania, in Book 1532, Page 665; and WHEREAS, Harry S. Claypool, Jr., along with his parents, Harry S. Claypool, Sr. and Maybelle L. Claypool, executed a note SEP-09-2003 rUE 03:21 PM EVELER & EVELER FAX NO. 7178431361 P. 03 in favor of Plaintiff in order to guarantee the payment of the mortgage entered into by the corporation; and WHEREA~:, the loan is in default; and WHEREA~;, the Plaintiff filed a Complaint in Mortgage Foreclosure on September 3, 2003 in the Court of Common Pleas of Cumberland County, Pennsylvania, at Docket No. 03-4303 Civil Term against the Defendant, Harry S, Claypool & Sons, Inc.; and WHEREA~:, in exchange for the release of Harry S. Claypool, Sr., MaybelJe L. Claypool and Harry S. Claypool, Jr. as guarantors under a boncl executed in connection with the mortgage, Defendant agrees to the entry of a Stipulated Judgment against Harry S. Claypool & ~'ons, Inc., in the amount of $539.293.53 as full and final satisfaction of all claims, real or perceived, which Plaintiff claims against Defendant; and WHEREA~;, John H, Myers & Son, Inc. may be required to expend additional, substantial funds prior to the December 10, 2003 Sheriff SalE to complete and/or maintain the construction of the property which will require the stipulated judgment of $539,293.53 to be conformed to reflect these expenditures. NOW THf:REFORE, in exchange for good and valuable consideratie,n, receipt of which is hereby acknowledged, and in consideratic'n of the promises and covenants hereinafter set forth, SEP-09-2003 TUE 03:22 PM EVELER & EVELER FAX NO, 7178431361 p, 04 and intending to be legally bound, the parties hereto agree as follows: 1. Acceptance of Service: Gary J. Imblum, Esquire will accept servi.ce of the Complaint on behalf of the Defendant, Harry S. Claypool & sons, Inc, on or before September 10, 2003. 2. Entrv of Stipulated Judqrnent: The parties agree that a Stipulated ~rudgment in favor of John H. Myers & Son, Inc. will be executed anel entered in the Court of Common Pleas, Cumberland County, Penrlsylvania, in the amount of $539,293.53 against Defendant, Harry S. Claypool & Sons, Inc. on or before September 10, 2003. 3. Release of Harry S. Claypool & Sons, Inc.: This release is given to Harry S. Claypool & Sons, Inc. in full satisfaction or cancellation of the mortgage and Plaintiff waives any rights which it has against Defendant for any deficiency with respect to the indebtedness evidenced by the mortgage. Plaintiff agrees to accept the proceeds it receives from the foreclosure sale pursuant to the aforementioned complaint in mortgage foreclosure in full satisfaction of its claim against Harry S. Claypool & Sons, Inc. 4. Release of Harry S. Claypool, Sr., Maybelle L. Claypool and Harry S. Claypool, Jr,: John H. Myers & Son, Inc. on behalf of itself of its past, present and future parent and subsidiary corporations, affiliates, stockholders, officers, directors, SEP-09-2003 rUE 03:22 PM EVELER & EVELER FAX NO. 7178431361 P. 05 partners, joint venturers, employees, insurers, predecessors, successors, assigns, agents, and representatives, and each of them, hereby releases and forever discharges Harry S. Claypool, Sr., Maybelle L. Claypool and Harry S. Claypool, Jr. and each of them and thuir past, present, and future parent and sUbsidiary corporation:!, divisions, affiliates, partners, joint venturers, stockholder:;, predecessors, successors, insurers, insurance adjusters, assigns, officer, directors, employees, agents, representat:i.ves, and any other person, firm or corporation with whom any of them is now or may hereafter be affiliated, from any and all claj.ms, demands, obligations, losses, causes of actions, damages, pellalties, costs, expenses, attorneys' fees, liabilities, and indemnities of any nature whatsoever, including without limitations, claims for bad faith (hereinafter collectively ~Claimsff), whether based on contract, tort, statute, or other legal or eqllitable theory of recovery, whether known or unknown, which as of the date of this Agreement had, now has, or claims to have against: Harry S. Claypool, Sr" Maybelle L. Claypool and Harry S. Claypool, Jr. The gelleral releases set forth above specifically include any and all ClaJms whether or not now know or suspected to exist and whether or not specifically or particularly described herein. Each party e,xpressly waives any right or claim of right to assert hereafter tr,at any Claim has, through ignorance, oversight or error, been omitted from the terms of this Agreement, and further SEP-D9-2003 rUE 03:22 PM EVELER & EVELER FAX NO. 7178431361 p, 06 expressly wClives any right or claim that each party may have under the law of olny jurisdiction that releases such as those herein gi ven do not: apply to unknown or unstated claims, It is the eKpress int~lnt of each party to waive any and all claims that it has against the other party, including any which are presently unknown, un:;uspected, unanticipated or undisclosed. 5, ~lforminq the Judqrnent: The parties agree that Gary J. Imblum, Esquire, on behalf of the Defendant, will execute a Stipulation to Conform the Judgment to reflect any additional constructioTl costs and expenses advanced by Plaintiff to complete and preservE, the mortgaged property prior to the Sheriff Sale of December 10, 2003, 6. ~'session: Defendant agrees that Plaintiff, or its agents or stlbcontractors, may occupy the residence pending the Sheriff's Sc.le. 7. Bindinq Effect: This Agreement shall bind the parties, their heirs, executors, successors and assigns. 8. Governinq Law: This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 9. Entire Aqreement: This is the entire Agreement by and between the parties hereto and this Agreement Shall be binding on and shall inure to the benefit of the successors, heirs. personal representatives, and assigns, of the parties hereto. This SEP-D9-2003 rUE 03:22 PM EVELER & EVELER FAX NO, 7178431361 p, 07 parties herl~to. Agreement supersedes any prior written agreements between the \{2Q Andrea Eveler Stanley, E8qu.i.re ATTEST: ----- , E8quire BY':- ~ii' ;. '.1' L.~~, I~ PRJ: ID!:N'1' /.u. BY: 7Y S. /70POOL_' :;S~ INC. ~ ~~L-- PRESIDEN'.l' OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY PROTHONOTARY TELEPHONE (717) 240-6195 CUMBERLAND COUNTY COURT HOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF: John H, Myers & Son, Inc. versus DEFENDANT: Harry S. Claypool & Sons, Inc. JUDGMENT NO. CERTIFICATE OF RESIDENCE PA R. C. P.236 I, hereby certifY that the precise residence of Plaintiff is: 2200 Monroe Street, p, 0, Box 1924, York, PA 17405 and certifY that the last known address of the within Defendant is: 1300 Mountain Laurel Circle, Harrisburg, P A 17110 ~~~-~ ANDREA EVELER STANLEY, ESQUIRE No. 34347 Attorney for Plaintiff EVELER & EVELER 101 South Duke Street York,PA 17403 (717) 845-2757 f) , , c:- ; ~- '~ .~ "} "'4.. , } ~ li. -.....::.\ ~~ "> ,. '-. , ~ ,,)>:\ ---. ~, ~. \.; -.......:' .", ,~ ~ , '( - -j"' - --- -~ '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION JOHN H. MYERS & SON, INC. :2 2 ",y' /l.1'Nl rt: e 5;t ri"e r Fc'. ,6/ y / '12 4 Plaintiff ft,.K./ YJi- /7't'''C' : File No. 03-4303 Civil Term : (To be completed by Attorney) : Amount $480,000.00 : Interest through 12/10/03 23,293.53 vs. : Miscellaneous Costs : Attorneys fees : Total 100.00 24,000.00 $539,293.53 I HARRY S. CLAYPOOL & SONS, INC. /3cc /?}<,W/Vf"'/H LA//,-f€L Cl,,(J~Lr #A,R,<l/.."e,,~;c~)iJ,A /7//,') : (To be completed by Proth/Clerk) : Pltf. Paid : Deft. Paid : Due Prothy. Defendants : Other Costs PRAECIPE FOR WRIT OF EXECUTION-MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF SAID COURT: Issue writ of execution in the above captio ed c e. \ c;) ~ DATE: q./o.o3 ! .~~ A REA EVELER STANLEY, ESQUIRE E ELER & EVELER A TORNEYS FOR PLAINTIFF 101 SOUTH DUKE STREET YORK,PAI7403 (717) 845-2757 WRIT OF EXECUTION-MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary by: Deputy 0\, t".,. -- <;::> \../') () c;, (j r- y r (~ \;' 2,.- "'<l 'i- C>Cl , 9-J --"c> >4 y~ 1::'~ --< (~ o -D -1::0 ~ +-- "--:" ....- -.~' 9--c, . . '}I () . o "1 'J D '" ~ J:"> ;;:: --< -,,-- ~ ~ " ,t (/) ~ -.t_ O ~~ ~. '- l.v ~ ~ '- ~ --$? V\,' I '" C) ~,-: -01:;' :rl .-, ',') :';'1 .~. ,/, TO: SHERIFF OF CUMBERLAND COUNTY CUMBERLAND COUNTY COURT HOUSE CARLISLE, PENNSYLVANIA 17013 SIR: There will be placed in your hands for service a Writ of Execution styled as follows: John H, MYers & Son, Inc., PLAINTIFF, vs, Harry S, Claypool & Sons, Inc" DEFENDANT, No, 03-4303 Civil Term INSTRUCTIONS If Writ of Execution, state what shall be seized and levied upon, if Real Estate, attach five (5) copies of the description together with the location of premises, In all services, give full information as to parties to be served with addresses, etc. Lot No.4, Pinehurst Final Subdivision Plan Township, Cumberland County, Pennsylvania, Drive, Mechanicsburq, Pennsylvania, of Phase IVB, Hampden a/k/a 1943 Monterey Parcel ID# 10-14-0842-147 \. 5J /~;> A- U~~ ANDREA EVELER STANLEY, ESQUIRE NO, 34347 EVELER & EVELER 101 SOUTH DUKE STREET YORK, PA 17403 (717) 845-2757 WAIVER OF WATCHMAlf Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such prope~~he l 's a thereof. / ANDREA EVELER STANLEY, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF NO. 03-4303 Civil Term VS, HARRY S. CLAYPOOL & SONS, INC. DEFENDANT MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 John H. Myers & Son, Inc., Plaintiff in the above action, set forth as of the date of the praecipe for the writ of execution was filed the following information concerning the ownership in real property known as Lot No.4, Pinehurst Final Subdivision Plan of Phase IVB, Hampden Township, Cumberland County, Pennsylvania, a/k/a 1943 Monterey Drive, Mechanicsburg, Pennsylvania, Parcel ID# 10-14- 0842-147. (See attached copy of description) 1. Name and addresses of Equitable Name owners or Reputed Owners: Address (If Address cannot be reasonably ascertained, please so indicate) Harry S. Claypool & Sons, Inc, 1300 Mountain Laurel Circle Harrisburg, PA 17110 2, Name of legal owners: Name Address (If address cannot be reasonably ascertained, please so indicate) Harry S. Claypool & Sons, Inc. 1300 Mountain Laurel Circle Harrisburg, PA 17110 3 . Name and address of Defendant(s) Name in the Judgment Address (If address cannot be reasonably ascertained, please so indicate) Harry S. C1aypoo1 & Sons, Inc. 1300 Mountain Laurel Circle Harrisburg, PA 17110 4, Name and last known address judgment is a record of the Name of every judgment creditor whose real property to be sold: Address (If address cannot be reasonably ascertained, please so indicate) John H. Myers & Son, Inc. P. o. Box 1924 York, PA 17405 DriveKore, Inc, 36 West Allen Street p, O. Box 2004 Mechanicsburg, PA 17055 Jack Gaughen Rea1tor ERA 3915 Market Street Camp Hill, PA 17011 5, Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (If address cannot be reasonably ascertained, please so indicate) N/A 6. Names and address of every have knowledge who has any be affected by the sale: Name other person of whom the Plaintiffs interest in the property which may Address (If address cannot be reasonably ascertained please so indicate) Pennsy1vania Corporation Bureau Bureau of Corporate Taxes Accounting Division Harrisburg, PA 17128 7, Name and address of record, Name of the last recorded holder of every mortgage Address (If address cannot be reasonably ascertained, please so indicate) John H, Myers & Son, Inc. P. O. Box 1924 York, PA 17405 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Sec. 4 4 relating to oX falsification to authorities. Date: 9/16 109- / /ANDREA EVELER STANLEY, ESQUIRE , NO. 34347 I ATTORNEY FOR PLAINTIFF 101 SOUTH DUKE STREET YORK, PA 17403 ALL that certain tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 4 as shown on the Plan entitled Pinehurst Final Subdivision Plan Phase IVB, dated August 22, 1996 and recorded in Cumberland County Plan Book 73, Page 66, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Monterey Drive (50 foot right-of-way) and being a northerly corner of Lot No.5; thence along Lot No.5, South eighty-two (82) degrees forty-seven (47) minutes forty-four (44) seconds West, one hundred eighty-nine and eighty hundredths (189.80) feet to an iron pin, being a westerly corner of Lot No. 5 and lying in an easterly line of lands now or formerly of Chalmer L. and Mary C. Chamberlin; thence along said lands, North four (04) degrees sixteen (16) minutes fifty-three (53) seconds West, one hundred ninety-seven and ninety hundredths (197.90) feet to an iron pin, lying in said line and being a southerly corner of Lot No.3; thence along Lot No.3, North eighty-two (82) degrees forty-seven (47) minutes forty-four (44) seconds East, one hundred eighty-five and forty-one hundredths (185.41) feet to an iron pin, being an easterly corner of Lot No. 3 and lying in a westerly right-of-way line of Monterey Drive; thence along said right-of-way, along a curve to the left, having a chord bearing of South one (01) degree forty-nine (49) minutes forty-six (46) seconds East, a chord distance of sixty and eighty-nine hundredths (60.89) feet, a radius of three hundred twenty-five and zero hundredths (325.00) feet, and an arc length of sixty and ninety-eight hundredths (60.98) feet to an iron pin; thence continuing along said right- of-way, South seven (07) degrees twelve (12) minutes sixteen (16) seconds East, one hundred thirty-seven and three hundredths (137.03) feet to an iron pin, being the place of BEGINNING. CONTAINING 0.841 acre and being known and numbered as 1943 Monterey Drive. UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements, Restrictions, Equitable Servitudes, Charges and Liens dated October 4, 1989 and recorded October 5, 1989 in Cumberland County Miscellaneous Book 370, Page 86, as adopted by Amendment dated December 4, 1996 and recorded December 6, 1996 in Cumberland County Miscellaneous Book 536, Page 398. IT BEING the same premises which pamay Development Co., Inc" a Pennsylvania corporation, by deed dated March 29, 1999 and recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Book 197, Page 207, granted and conveyed unto Harry S. Claypool & Sons, Inc., a Pennsylvania corporation. Parcel ID #10-14-0842-147 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H, MYERS & SON, INC, PLAINTIFF NO, 03-4303 Civil Term VS, HARRY S, CLAYPOOL & SONS, INC, DEFENDANT MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF INTEREST IN REAL ESTATE TO: HARRY S, CLAYPOOL & SONS, INC. 1300 MOUNTAIN LAUREL CIRCLE HARRISBURG, PA 17110 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, on December 10, 2003, at 10:00 o'clock A.M" the following described real estate of Harry S. Claypool, known as Lot No.4, Pinehurst Final Subdivision Plan of Phase IVB, Hampden Township, Cumberland County, Pennsylvania, a/k/a 1943 Monterey Drive, Mechanicsburg, Pennsylvania, Parcel 10# 10-14- 0842-147. (See attached description) The said Writ Myers & Son, Inc, Civil Term, in the late charges and an costs, of Execution was issued on a judgment of John H, v, Harry S, Claypool & Sons, Inc" at No, 03-4303 amount of $539,293.53, which includes interest, attorney's commission of $24,000,00 thereon, plus Claims against property must be filed at the office of the Sheriff before above sale date, Claims to proceeds must be made with the office of the Sheriff before distribution, Schedule of Distribution will be filed with the office of the Sheriff no later than thirty (30) days from sale date, Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the office of the Sheriff, Attached hereto is a copy of the Writ of Execution, It has been issued because there is a judgment against you. It may cause your property to be held or 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 NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE NO, (717) 249-3166 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary, A lawyer may be able to help you, You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution, If the judgment was entered because you did not file with the Court any defense or objections you might have within twenty (20) days after service of the complaint in Civil Action - Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time, If the judgment is opened, the Sheriff's Sale would originally be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage, You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events, To exercise this right, you would have to file a petition to strike the judgment, You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff's Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriff's Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his deed to the property, The Sheriff will deliver the deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the office of the Sheriff. DATED: qfoJ03 & E~~CR-- ALL that certain tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 4 as shown on the Plan entitled Pinehurst Final Subdivision Plan Phase IVB, dated August 22, 1996 and recorded in Cumberland County Plan Book 73, Page 66, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Monterey Drive (50 foot right-of-way) and being a northerly corner of Lot No.5; thence along Lot No.5, South eighty-two (82) degrees forty-seven (47) minutes forty-four (44) seconds West, one hundred eighty-nine and eighty hundredths (189.80) feet to an iron pin, being a westerly corner of Lot No. 5 and lying in an easterly line of lands now or formerly of Chalmer L. and Mary C. Chamberlin; thence along said lands, North four (04) degrees sixteen (16) minutes fifty-three (53) seconds West, one hundred ninety-seven and ninety hundredths (197.90) feet to an iron pin, lying in said line and being a southerly corner of Lot No.3; thence along Lot No.3, North eighty-two (82) degrees forty-seven (47) minutes forty-four (44) seconds East, one hundred eighty-five and forty-one hundredths (185.41) feet to an iron pin, being an easterly corner of Lot No. 3 and lying in a westerly right-of-way line of Monterey Drive; thence along said right-of-way, along a curve to the left, having a chord bearing of South one (01) degree forty-nine (49) minutes forty-six (46) seconds East, a chord distance of sixty and eighty-nine hundredths (60.89) feet, a radius of three hundred twenty-five and zero hundredths (325.00) feet, and an arc length of sixty and ninety-eight hundredths (60.98) feet to an iron pin; thence continuing along said right- of-way, South seven (07) degrees twelve (12) minutes sixteen (16) seconds East, one hundred thirty-seven and three hundredths (137.03) feet to an iron pin, being the place of BEGINNING. CONTAINING 0.841 acre and being known and numbered as 1943 Monterey Drive. UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements, Restrictions, Equitable Servitudes, Charges and Liens dated October 4, 1989 and recorded October 5, 1989 in Cumberland County Miscellaneous Book 370, Page 86, as adopted by Amendment dated December 4, 1996 and recorded December 6, 1996 in Cumberland County Miscellaneous Book 536, Page 398. IT BEING the same premises which pamay Development Co., Inc., a Pennsylvania corporation, by deed dated March 29, 1999 and recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Book 197, Page 207, granted and conveyed unto Harry S. Claypool & Sons, Inc., a Pennsylvania corporation. Parcel ID #10-14-0842-147 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff : File No. 03-4303 Civil Term : (To be completed by Attorney) : Amount $480,000.00 JOHN H. MYERS & SON, INC. : Interest through 12/10/03 23,293.53 vs. : Miscellaneous Costs : Attorneys fees : Total 100.00 24,000,00 $539,293.53 HARRY S. CLA YFOOL & SONS, INC. : (To be completed by Proth/Clerk) : Pltf. Paid : Deft. Paid : Due Prothy. Defendants : Other Costs PRAECIPE FOR WRIT OF EXECUTION-MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF SAID COURT: Issue writ of exec~tion in the above caPtif;~e. \,Z). c?- < DATE: q-/o-o3 A~' REA~~~;-ST~~~,E;;~-- E LER & EVELER A . ORNEYS FOR PLAINTIFF 101 SOUTH DUKE STREET YORK,PA 17403 (717) 845-2757 WRIT OF EXECUTION-MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary by: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC, PLAINTI FF NO, 03-4303 Civil Term VS, HARRY S, CLAYPOOL & SONS, INC. DEFENDANT MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. R,C,P. 3129 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Harry S, Claypool & Sons, Inc., known as Lot No, 4, pinehurst Final Subdivision Plan of Phase IVB, Hampden Township, Cumberland County, Pennsylvania, a/k/a 1943 Monterey Drive, Mechanicsburg, Pennsylvania, Parcel ID# 10-14-0842-147, John H, Myers & Son, Inc, P. O. Box 1924 York, PA 17405 DriveKore, Inc. 36 Wallen Street p, O. Box 2004 Mechanicsburg, PA 17055 Jack Gaughen Realtor ERA 3915 Market Street Camp Hill, PA 17011 Bureau of Corporate Taxes Accounting Division Harrisburg, PA 17128 You are hereby notified that on December 10, 2003 at 10:00 o'clock A.M" prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of John H. Myers & Son, Inc" No. 03-4303 Civil Term, the Sheriff of Cumberland County, Pennsylvania, will expose at Public Sale in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, the real estate of Harry S, Claypool & Sons, Inc" known as Lot No, 4, Pinehurst Final Subdivision Plan of Phase IVB, Hampden Township, Cumberland County, Pennsylvania, a/k/a 1943 Monterey Drive, Mechanicsburg, Pennsylvania, Parcel ID# 10- 14-0842-147, A description of said real estate is hereto attached, You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County on January 9, 2004, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter, You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale, ~ Dated: q00003 ,~~S~-- - ANDREA EVELER STANLEY, ESQUIRE NO. 34347 EVELER & EVELER ATTORNEYS FOR PLAINTIFF 101 SOUTH DUKE STREET YORK, PA 17403 ALL that certain tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 4 as shown on the Plan entitled Pinehurst Final Subdivision Plan Phase IVB, dated August 22, 1996 and recorded in Cumberland County Plan Book 73, Page 66, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Monterey Drive (50 foot right-of-way) and being a northerly corner of Lot No.5; thence along Lot No,S, South eighty-two (82) degrees forty-seven (47) minutes forty-four (44) seconds west, one hundred eighty-nine and eighty hundredths (189.80) feet to an iron pin, being a westerly corner of Lot No. 5 and lying in an easterly line of lands now or formerly of Chalmer L. and Mary C. Chamberlin; thence along said lands, North four (04) degrees sixteen (16) minutes fifty-three (53) seconds West, one hundred ninety-seven and ninety hundredths (197.90) feet to an iron pin, lying in said line and being a southerly corner of Lot No.3; thence along Lot No.3, North eighty-two (82) degrees forty-seven (47) minutes forty-four (44) seconds East, one hundred eighty-five and forty-one hundredths (185.41) feet to an iron pin, being an easterly corner of Lot No, 3 and lying in a westerly right-of-way line of Monterey Drive; thence along said right-of-way, along a curve to the left, having a chord bearing of South one (01) degree forty-nine (49) minutes forty-six (46) seconds East, a chord distance of sixty and eighty-nine hundredths (60.89) feet, a radius of three hundred twenty-five and zero hundredths (325.00) feet, and an arc length of sixty and ninety-eight hundredths (60.98) feet to an iron pin; thence continuing along said right- of-way, South seven (07) degrees twelve (12) minutes sixteen (16) seconds East, one hundred thirty-seven and three hundredths (137.03) feet to an iron pin, being the place of BEGINNING. CONTAINING 0.841 acre and being known and numbered as 1943 Monterey Drive, UNDER AND SUBJECT, NEVERTHELESS, to Declaration of Covenants, Easements, Restrictions, Equitable Servitudes, Charges and Liens dated October 4, 1989 and recorded October 5, 1989 in Cumberland County Miscellaneous Book 370, Page 86, as adopted by Amendment dated December 4, 1996 and recorded December 6, 1996 in Cumberland County Miscellaneous Book 536, Page 398. IT BEING the same premises which Pamay Development Co., Inc., a Pennsylvania corporation, by deed dated March 29, 1999 and recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Book 197, Page 207, granted and conveyed unto Harry S. Claypool & Sons, Inc., a Pennsylvania corporation. Parcel ID #10-14-0842-147 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02003-4303 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due John H, Myers & Son, Inc, Plaintiff (s) From Harry S, Claypool & Sons, Inc, 1300 Mountain Laurel Circle, Harrisburg PA 17110 (I) 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$480,000,OO Interest Through 12110/03 $23,293,53 Atty's Comm$24,000' Atty Paid $82,00 Plaintiff Paid Date: September 10, 2003 L.L.S,50 Due Prothy S1.00 Other CostsSl00.00 (Seal) ~r::~:~ LON~G /l j.-/ fJ rti By. --(a.Ik<t . Yiff.d:, )i Deputy REQUESTING PARTY: Name Andrea Eveler Stanley, Esq, Address: 101 South Duke Street YorkPA17403 Attorney for: Plaintiff Telephone: 717845-2757 Supreme Court ill No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H, MYERS & SON, INC. PLAINTIFF NO, 03-4303 Civil Term VS, HENRY S, CLAYPOOL & SONS, INC. DEFENDANT MORTGAGE FORECLOSURE AND NOW, this CERTIFICATE OF SERVICE ~h 11- day of September" 2003, I, Andrea Eveler Stanley, Esquire, do hereby certify that I caused to be delivered by first class mail, postage prepaid, a copy of the Plaintiff's Notice to Lien Holders upon the following: John H, Myers & Son, Inc, p, O. Box 1924 York, PA 17405 DriveKore, Inc, 36 Wallen Street P. O. Box 2004 Mechanicsburg, PA 17055 Jack Gaughen Realtor ERA 3915 Market Street Camp Hill, PA 17011 Bureau of Corporate Taxes Accounting Division Bl,lJ::tii~ ANDREA EVELER STANLEY, ESQUIRE NO. 34347 ATTORNEY FOR PLAINTIFF EVELER & EVELER 101 SOUTH DUKE STREET YORK, PA 17403 (717) 845-2757 u.s. POSTAL SERVICE CERTIFICATE OF MAILING Received From: MAY ~ USED F~R DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Andrea Eveler Stanley, 101 South Duke Street York, PA 17403 One piece of ordinary mail addressed 10' J hn H M ers & Son P. 0 Box 1924 York. PA 17405 PS Form 3817. January 2001 ~re U.S. POSTAL SERVICE CERTIFICATE OF MAILING Received From MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Andrea Eveler Stanley, Esquire 101 South Duke Street York, PA 17403 One piece of ordinary mail addressed to: Bureau of Cor orate Accountin Division Harrisburq PA 17128 PS Form 3817. January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIl. DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From Andrea Evelel" 101 South Duke Street =--- York, PA 17403 One piece of ordinary mail addressed to: DriveKore, Inc. 36 Wallen Street P () Rny ~n114 Mechanicsbur9 PA 17055 PS Form 3817. January 2001 ~ -EI'I- c;jO 0). i1lt.e ~O o o o ~ ~I~.' .oJ INTERNATIONAL MAIL, DOES NOT vSTMASTER . ,rlCATE OF MAILING Andrea Eveler stanle 101 South Duke Street york, PA 17403 One piece of ordinary mall addressed to: Jack Gau he Realtor ERA 3915 Camp t Street Pj~ 17011 Mar Hill, PS Form 3817. January 2001 en c: m . ~""tl -< (.f) :I: -0"'0' O--.J::tl::D C-...b."'......-O z~ o. DO -l 'U\""'O U) o I> --< W I> '" m aOIJ .1 ~ij ~ ~ II '$;"'l !J ~~ ~c: m . :J:l'"U -c (j') :s: -0"'0' O_-.J::C::D c:.-.b.7'\-\l :Z~o'oo -l-uJ-O U) o I> --< W I> '" m ~~ ...~, ....,..,:;> i i '"\ " \.. " --.-, "-'-,. o C :-:' -r)l:- n11 -"/' ~71 (7') -c ~:-~ ::::; L::>- );, . c.:' C.,J ~l" t'" " (") -Ti (], =< :.,.) :,) ..0 0 -< ......... -- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Donald H Erwin & Patricia A Provenzano Erwin is the grantee the same having been sold to said grantee on the 10th day of Dee A,D., 2003, under and by virtue of a writ Execution issued on the 10th day of~, A,D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 4303, at the suit of John H Mvers & Son Inc against Harry S Claypool & Sons Inc is duly recorded in Sheriffs Deed Book No. 261, Page 1809. IN TESTIMONY WHEREOF, I have hereunto set my hand J and seal of said office this ;? d day of H ,A.D2004 tv/; Recorder of Deeds Aeoonlor or . ClonCloIlInd CauIty, -. "'" ~ ~ 1111 Fnl MIlrIdIr '" Jln.llllIlI John H. Myers & Son, Inc. VS Harry S. Claypool & Sons, Inc. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4303 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 24, 2003 at 3:36 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Harry S. Claypool & Sons, Inc., by making known unto Marjorie Claypool, secretary and adult in charge, at 747 Colonial Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy ofthe same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 10,2003 at 1:15 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Harry S. Claypool & Sons, Inc. located at 1943 Monterey Drive, Mechanicsburg, 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: Harry S. Claypool & Sons, Inc., by regular mail to their last known address of 747 Colonial Court, Mechanicsburg, P A 17055. This letter was mailed under the date of October 8, 2003 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 December 10,2003 at 10:00 o'clock A.M. He sold the same for the sum of$563,000.00 to Donald H. Erwin and Patricia A. Provenzano Erwin. It being the highest bid and best price received for the same, Donald H. Erwin and Patricia A. Provenzano Erwin of 4216 Little Run Road, Harrisburg, P A 17110, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$587,247.54. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy $30.00 11 ,260.00 15.00 15.00 30.00 10.00 .50 1.00 15.18 15.00 Surcharge Out of County Dauphin County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 20.00 9.00 29.25 437.45 365.92 28.90 25.00 39.50 $12,346.70 Sworn and subscrib~d to before me S~p.,n~s: ~ 'h~"~ r~~"'t::' ffK~ ::'AJD>~'Y~~~ :~TJ:~:;; Real Estat~~~uty ~~ 3D,aD j,sD c.k. y 3 (, :2 r; {J~P SCHEDULE OF DISTRIBUTION SALE NO. 46 Date Filed: January 9,2004 Writ No. 2003-4303 Civil Term John H. Myers & Son, Inc. VS Harry S. Claypool & Sons, Inc. Sale Date: Buyer: Bid Price: December 10, 2003 Donald H. Erwin and Patricia A. Provenzano Erwin $563,000.00 Real Debt: Interest: Attorney Costs: Attorney's commission Misc. Costs $480,000.00 23,293.53 82.00 24,000.00 100.00 Total: $527,475.53 DISTRIBUTION: Receipts: Cash on account (09/11/03): Cash on account (12/10/03): Cash on account (12/23/03): $ 1,500.00 56,300.00 530,947.54 Total Receipts: $588,747.54 Disbursements: Sheriff's Costs Legal Search State Transfer Tax Local Transfer Tax Cumberland County Tax Claim Bureau Commonwealth of Pennsylvania, Department of Revenue Attorney Andrea Stanley John H. Myers & Son, Inc. Jack Gaughen Realtor Total Disbursements: Balance for distribution: So Answers: r-.a? ..~~-... R. Thomas Kline Sheriff $12,346.70 200.00 6,393.77 6,393.77 17,691.47 3,350.00 1,500.00 539,293.53 1,578.30 ($588,747.54) 0.00 ~ ~ 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 Ass!. 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..IlJe.. 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 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#46 S rn and subscribed b"fnr~m is 19th ~ay, ~NOV r 2003 A.D. NotaMalSeal ~ TerryL. Russell, Notary Public / ~~ Qty Of HarMsburg, Daupl1in County -'t / My Commission Expires June 6,2006 N TARY PUBLIC . Member. Pennsylvania Association 01 Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 365.92 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By................................................................... I PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : 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: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to veritY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 46 Writ No. 2003-4303 Civil John H. Myers & Son, Inc. vs. Harry S. Claypool & Sons. Inc. Atty.: Andrea Stanley ALL that certain tract ofland situ- ate in Hampden Township, Cumber- land County. Pennsylvania, being Lot No.4 as shown on the Plan en- titled Pinehurst Final Subdivision Plan Phase rYE. dated August 22, 1996 and recorded in Cumberland County Plan Book 73. Page 66, more particularly bounded and described as follows: BEGINNING at an iron pin. lying in a westerly right-or-way line of Monterey Drive (50 foot right-of-way) and being a northerly corner of Lot No.5; thence along Lot No.5, South eighty-two (82) degrees forty-seven (47) minutes forty-four [44) seconds West, one hundred eighty-nine and eighty hundredths (189.80) teet to an iron pin. being a westerly comer of Lot No.5 and lying in an easterly llne of lands now or formerly of Chalmer L. and Mary C. Chamber- ~) L. Lhc/ vJ N;;A~IAl~' 7 LOIS E. SNYDER. Notary Public Cartlsle Boro, Cumbartand County My Commission EJplres March 5. 2005 lin; thence along said lands. North four (04) degrees sixteen (16) mln- utes fifty-three (53) seconds West, one hundred ninety-seven and nine- ty hundredths (1 97.90) feet to an iron pin. lying in said line and being a southerly corner of Lot No.3; thence along Lot No.3. North eighty- two (82) degrees forty-seven (47) minutes forty-four (44) seconds East. one hundred eighty-five and forty-one hundredths (185.41) feet to an iron pin. being an easterly cor- ner of Lot No.3 and lying in a west- erly right-of-way line of Monterey ~ ~~.:'-'. ...r ....-...-u--t~....~.--- c In a WC;::;U:::Jly Jl/";Ul-Ul-"",,,-y UU'- '-H Monterey Drive (50 foot right-of-way) and being a northerly corner of Lot No.5; thence along Lot No.5, South eighty-two [82) degrees forty-seven (47) minutes forty-four (44) seconds West. one hundred eighty-nine and eighty hundredths (189.3D) feet to an iron pin, being a westerly comer of Lot No.5 and lying in an easterly line of lands now or formerly of Chalmer L. and Mary C. Charnber- '''''h''''' Un: thence along said lands. North four (04) degrees sixteen (16J min- utes fifty-three (53) seconds West. one hundred ninety-seven and nine- ty hundredths (197.90) feet to an iron pin. lying in said line and being a southerly corner of Lot No.3; thence along Lot No.3. North eighty- two (82) degrees forty~seven (47) minutes forty-four (44) seconds East, one hundred eighty-five and toTty-one hundredths (l8SA1) feet to an iron pin, being an easterly cor- ner of Lot No.3 and lying in a west- erly right-or-way line of Monterey Drive: thence along said right-or- way, along a curve to the left, hav- ing a chord bearing of South one (01) degree forty-nine (49) minutes forty-six: (46) seconds East. a chord distance of sixty and eighty-nine hundredths (60.89) feet. a radius of three hundred twenty-five and zero hundredths (325.00) feet. and an arc length of sixty and ninety- eight hundredths (60.98l feet to an iron pin; thence continuing along said right-of-way, South seven (07) degrees twelve (12) minutes sixteen (16) seconds East, one hundred thirty-seven and three hundredths (l37.03) feet to an iron pin. being the place of BEGINNING. CONTAIN- ING 0.841 acre and being known and numbered as 1943 Monterey Drive. UNDER AND SUBJECT. NEVER- THELESS, to Declaration of Cove- nants, Easements. Restrictions, equi- table Servitudes, Charges and Liens dated October 4, 1989 and recorded October 5. 1989 in Cumberland County Miscellaneous Book 370, Page 86, as adopted by Amendment dated December 4, 1996 and re- corded December 6, 1996 in Cum- berland County Miscellaneous Book 536. Page 398. IT BEING the same premises which Pamay Development Co., Inc., a Pennsylvania corporation, by deed dated March 29, 1999 and recorded in the Recorder's Office in and for Cumberland County, Pennsylvania. in Book 197, Page 207, granted and conveyed unto Harry S. Clay- pool & Sons, Inc., a Pennsylvania corporation. Parcel ID #10~14k0842-l47. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF : NO. 03-4303 CIVIL TERM vs. HARRY S. CLAYPOOL & SONS, INC. DEFENDANT PRAECIPE TO REMOVE TO THE PROTHONOTARY ( ) Please mark the above captioned action settled and satisfied. (XX) Please mark the above captioned judgment or lien settled and satisfied. ~c5 ANDREA EVELER STANLEY, ESQUIRE NO. 34347 EVELER & EVELER, LLC 110 WEST BROADWAY RED LION, PA 17356 (717) 246-3022 March 23 ,2007 (') c ri~~ ~?~ :.~.;. ,~';~ ;.. C., j- -<-'- [::: s:=: "-,e' ?:~~ ~ ~ = <::::> --' :x > :;;;0 r"--'> -.J ~ ~:!J -0 hi -06 c:) . -"'{ , :L. _fl ,-)...!J 70 Om ~ -< :J:!lo :J: N