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HomeMy WebLinkAbout03-4467 COMMUNITY BANKS, Plaintiff v. EAST COAST CUSTOM AUTO BODY, INC" VINCENT P. SCALA VlNO AND EILEEN P. SCALA VINO, Defendants /' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 - 1..tl/t,7 Ci(.)'~c-r~ : CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: $500,000.00 Note a. Principal $ 461,395.21 b. Interest to August 19,2003 $ 8,321.31 c. Late Charges $ 1,045.55 d. Attorney's fees to be determined Per diem: $101.1277 TOTAL For $500,000 Note $ 470,762.07 TOTAL DUE BANK $100,000.00 Note a. Principal $ 98,408,96 b. Interest to August 19, 2003 $ 2,551.22 c, Late Charges $ 0.00 d. Attorney's fees to be determined Per diem: $12.1326 TOTAL For $100,000 Note $ 100,960.18 $571,722.25 plus fees, additional interest, and costs from the date of the Complaint. Respectfully s..bmitted, . SAID': ~:~~iID?t LJNDSA Y BY:~VV - Matthew J, Eshelll1llll, Esquire ID #72655 2109 Market Street, Camp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Community Banks Date: September 8, 2003 COMMUNITY BANKS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 63 - J./1../1,7 c;v~ L ~~"'\. EAST COAST CUSTOM AUTO BODY, INC., VINCENT p, SCALA VINO AND EILEEN p, SCALA VINO, Defendants : CIVIL ACTION - LAW NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C,SA S 2737,1 (Act 105 of2000) PURSUANT TO 42 Pa. C.S,A. SECTION 2737.1, IF YOU HAVE BEEN INCORRECTLY IDENTIFIED AND HAD A CONFESSION OR JUDGMENT ENTERED AGAINST YOU, YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. INSTRUCTIONS REGARDING THE PROCEDURE TO FOLLOW TO STRIKE THE JUDGMENT ARE SET FORTH BELOW: Pennsylvania Rule of Civil Procedure 2959 - Striking off Judgment (a)(I) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958,3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule, The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence, The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (t) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. You may have other rights available to you other than as set forth in this notice. 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Date: September 8, 2003 Respectfully submitted, f' f. SAID!~, SHUFF'~CW R & LINDSAY By: J~0 V " Matthew J. EshelnMn, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff (') (" ., '/) " ,; ... COMMUNITY BANKS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. C> 3 - 41.{(,. 7 Cjui.CT~ EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants : CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is Community Banks, 6700 Derry Street, Harrisburg, Pennsylvania 17111. 2. The names and last known addresses of the Defendants are East Coast Custom Auto Body, Inc. (hereinafter "East Coast"), a Pennsylvania business corporation, which has a registered address of 2272 Ritner Highway, Shippensburg, Pennsylvania 17257, and Vincent P. Scalavino and Eileen P. Scalavino (hereinafter "the Scalavinos"), who reside at 2275 Ritner Highway, Shippensburg, Pennsylvania 17257. 3. On July 30, 1999, all three Defendants, as co-makers, executed and delivered to Plaintiff two Notes as follows: (a) a Term Note in the original principal amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (the "$500,000.00 Note), and (b) a Line of Credit Demand Note in the original principal amount of One Hundred Thousand and 00/100 Dollars ($100,000,00) (the "$100,000.00 Note"), (sometimes referred to collectively herein as the "Notes") true and correct photostatic reproductions of the originals of which are attached hereto as Exhibits "A" and "B" respectively, and made a part hereof. 4. All three Defendants executed and delivered to Plaintiff an Open-End Mortgage and Security Agreement dated July 30, 1999 (the "Mortgage"), in connection with the Notes, a copy of which Mortgage is attached hereto as Exhibit "C" and made a part hereof. 5, All three Defendants are in default of Defendants' obligations to make payment to Plaintiff as required in the Notes and the Mortgage, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Notes. A copy of Plaintiff's demand is attached hereto as Exhibit "D" and made a part hereof. 6, In connection with the Notes, all three Defendants executed and delivered to Plaintiff an Explanation of Rights - Confession of Judgment ("Confession of Judgment"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "E" and made a part hereof. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. There has not been any assignment of the Notes or the Mortgage, 9. Judgment has not been entered on the Notes or the Mortgage in any jurisdiction. 10. The amount due to Plaintiff as a result of Defendants' default is as follows: $500,000.00 Note a, Principal $461,395.21 b. Interest to August 19,2003 $ 8,321.31 c. Late Charges $ 1,045.55 d. Attorney's fees $to be determined Per diem: $101.1277 TOTAL FOR $500,000.00 NOTE $470,762.07 a. $100,000.00 Note Principal Interest to August 19, 2003 Attorney's fees $98,408.96 $ 2,551.22 $to be determined b. c. Per diem: $12.1326 TOTAL FOR $100,000.00 NOTE $100,960.18 TOTAL DUE BANK $571,722.25 II. Interest continues to accrue at the default rate provided in the Notes. WHEREFORE, Plaintiff, Community Banks, demands judgment against East Coast Custom Auto Body, Inc" Vincent p, Scalavino, and Eileen P. Scalavino, Defendants, jointly and severally in the amount of Five Hundred Seventy-One Thousand Seven Hundred Twenty-Two and 25/100 Dollars ($571,722.25), plus reasonable attorney's fees, costs and $113,2603 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, and such other relief as the Court deems appropriate. Date: September 8, 2003 , Respect'ully s\.lb:nitted, SAID S, SHU'i'~OWER & LINDSAY By: AJ \. Matthew J, Eshe\tJ.a~ ID #72655 2109 Market Street, Camp Hill, PA \701\ (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Community Banks . , TERM NOTE $500,000 July 30, 1999 Harrisburg, P A For value received and intending to be legally bound, VINCENT SCALAVINO and EILEEN SCALAVINO, his wife, adult individuals, and EAST COAST CUSTOM AUTO, INC" a Pennsylvania business corporation having an address of2272 Ritner Highway, Shippensburg, PA 17257,jointly and severally (collectively referred to as "Maker"), promises to pay to the order ofCOMMliNITY BANKS, N.A., a national banking association ("Payee"), at 150 Market Square, P.O. Box 350, MiIIersburg, PA 17061 or such other place as Payee may designate in writing, the principal sum of Five Hundred Thousand ($500,000) Dollars lawful money of the United States of America together with interest on the outstanding principal balance hereof as set forth below, The Payee has approved a term loan totaling Five Hundred Thousand ($500,000) Dollars (the "Loan") to the Maker, The proceeds of the loan will be utilized by the Maker to finance the purchase of, and to construct an additional 6,000 square foot facility on, that real property situate in South NewtonTownship, Cumberland County, Pennsylvania, as more fully described in the Loan Agreement. The consideration for this Note is the present and future advancement of funds to the Maker by the Payee pursuant to the terms of the Loan Agreement. The obligation represented by this Note shall have the full force, effect and benefit of an obligation to secure present and future advances to be made by Payee to Maker pursuant to the terms ofthe Loan Agreement which is incorporated herein by reference thereto. The Note shall be payable as follows: E'f.hb-L CAli (a) Interest only at the Applicable Rate of Interest set forth below then in effect on the principal amount of this Note shall be made by Maker to Payee monthly, co=encing on the 30th day of August, 1999 and on the same day of each month thereafter until that date which is six (6) months from the date of this Note (the "Conversion Date"). (b) On the Conversion Date, the then principal balance of this Note shall be converted into a permanent frrst mortgage loan bearing interest at the Applicable Rate of Interest then in effect. From the Conversion Date to and including the Maturity Date (as hereinafter defrned) the aggregate principal actually advanced by Payee to Maker shall be due and payable in consecutive monthly installments (each a "Scheduled Monthly Installment") in the initial amount Four Thousand One Hundred Eighty-two Dollars and Twenty Cents ($4,182.20) each, which shall be applied frrst to interest accrued on the outstanding principal balance hereof at the Applicable Rate of Interest then in effect and then to the reduction of the principal balance hereof. On and after that date which is sixty-one (61) months after the date of this Note, the amount ofthe Scheduled Monthly Installrnent shall be increased or decreased from time to time by the Payee in that amount as is necessary to continue to amortize the principal of this Note over a period of two hundred forty (240) months from the date of this Note, The frrst Scheduled Monthly Installment shall be due and payable on the date which is thirty (30) days after the Conversion Date. Scheduled Monthly Installments shall continue to be due and payable on the same day of each month thereafter until July 30, 2019 (the "Maturity Date"), On the Maturity Date a frnal installment shall be due and payable which shall include all unpaid amounts ofthe principal balance and interest accrued and unpaid thereon and any and all other payments or amounts due under this Note, the Loan Agreement or any other Loan Document as defrned herein. - 2- The Applicable Rate ofInterest shall be fIxed at Eight (8.0%) Percent per annum for a period of sixty (60) months from the date of this Note. Thereafter, the Applicable Rate of Interest shall be that rate of interest which is at all times equal to the Commercial Prime Rate of Community Banks, N.A. as hereinafter defIned in effect at that time and thereafter in effect from time to time, plus one-half (0,5%) percent. The Applicable Rate ofInterest shall change on the day on which any change in said Community Banks, N.A.'s Commercial Prime Rate shall become effective, When the Commercial Prime Rate of Community Banks, N A. changes on a day other than the fIrst day of a calendar month, interest for the month in which such change or changes are made shall be calculated on a per diem basis with the various Prime Rates in effect for that month. Interest hereunder shall be calculated on the basis of a 360 day year. The term "Commercial Prime Rate of Community Banks, N,A." as used herein shall mean the rate which the Payee establishes as "the Commercial Prime Rate of Community Banks, N.A." whether or not published. The utilization of "Prime Rate" herein is solely for the purpose of defIning the rate of interest applicable hereunder, Its utilization shall in no way preclude or limit the Payee from lending to certain borrowers, from time to time, at a rate of interest less than the "Prime Rate" as defIned hereunder, If any installment of principal and/or interest under this Note or any other sum due under any other Loan Document (as hereinafter dermed) is not paid within fIfteen (15) days of its due date or if the Maker fails to pay the entire principal balance, together with interest accrued thereon, and all other sums due under this Note or any other Loan Document on the Maturity Date, interest shall be due on such overdue amount (including overdue interest) from its due date to the date on which it is paid at the rate of two percent (2%) per annum above the Applicable Rate -3- but not more than the highest rate permitted by law (the "Default Rate"). Such interest at the Default Rate shall (in addition to all other interest) be due on each payment date and on the date on which the overdue amount is paid. Interest at the Default Rate shall be due on all interest from the date on which it is due until the date on which it is paid and any interest which is not paid at maturity (whether stated or accelerated) shall be added to the principal balance of this Note on the Maturity Date. Maker may prepay the unpaid principal sum hereof in whole or in part without prepayment charge or premium. Each prepayment shall be accompanied by payment of all interest accrued hereunder to the date of payment. Each partial prepayment shall be applied against the installment of principal (by date) last due and payable. No prepayment shall postpone or interrupt payment of future installments of principal and interest which shall continue to be due and payable until payment herein in fulL In the event any of the aforesaid payments of interest and/or principal remain unpaid fifteen (15) days after such payments are due, Maker shall pay a delinquency charge of five percent (5%) of the amount so overdue to cover the extra expense involved in handling delinquent payments, Provisions for such delinquency charge shall not be construed to permit Maker to make any payment after its due date, obligate Payee to accept any overdue installment, or affect Payee's rights and remedies upon default, Maker shall not be obligated to pay and Payee shall not collect interest at a rate in excess of the maximum permitted by law or the maximum that will not subject Payee to any civil or criminal penalties, If, because of the acceleration of maturity, the payment of interest in advance or any other reason, Maker is required, -4- under the provisions of any Loan Document, to pay interest at a rate in excess of such maximum rate, the rate of interest under such provisions shall immediately and automatically be reduced to such maximum rate, and any payment made in excess of such maximum rate, together with interest thereon at the rate provided herein from the date of such payment, shall be immediately and automatically applied to the reduction of the unpaid principal balance of this Note as of the date on which such excess payment was made. If the amount to be so applied to reduction of the unpaid principal balance exceeds the unpaid principal balance, the amount of such excess shall be refunded by Payee to Maker. This Note is secured by and entitled to all of the benefits ofm an Open- end Mortgage and Security Agreement (the "Mortgage") of even date herewith from Vincent Scalavino and Eileen Scalavino as Mortgagor to Payee as Mortgagee on that real estate situate in South NewtonTownship, Cumberland County, Pennsylvania, consisting of approximately 25 acres, together with all improvements now or hereafter erected thereon as more fully described in the Mortgage (the "Mortgaged Premises"), (ii) a Collateral Assignment of Agreements Affecting Real Estate for the Mortgaged Premises, (iii) an Assignment of Rents and Leases (the "Assignment of Leases") affecting the Mortgaged Premises, (iv) a fIrst lien perfected security interest in East Coast Custom Auto, Inc.'s tangible and intangible assets more fully described in that certain Security Agreement of even date herewith and (v) all additional security set forth in the Loan Agreement (the Loan Agreement, the Mortgage, the Assignments, the Security Agreernent, this Note and any other documents executed by Maker and delivered to Payee in connection with this Loan are collectively referred to herein as the "Loan Documents"), Reference is made to the Loan Documents for a description of the properties and collateral mortgaged, secured and pledged as security for this Note, the nature and extent thereof, the rights of the holder of this Note and the Maker in respect of such security and otherwise, and the - 5- terms upon which this Note is issued. All of the terms, covenants, agreements, conditions, warranties and provisions contained in the Loan Documents are hereby incorporated into this Note with the same force and effect as if they were fully set forth herein. Maker covenants and agrees to comply with and perform all such provisions, or cause them to be complied with and performed, strictly in accordance with their terms. For purposes of this Note "Collateral Security" means any and all goods, chattels, inventory, equipment, securities, deposits, accounts receivable, notes, documents, instruments, money, safe deposit box contents, and other property of Maker of whatever kind or nature which may now or hereafter be deposited with or in the possession or control of Payee. Maker hereby pledges the Collateral Security as security for the payment of this Note and agrees that, in the event of a default under this Note (whether or not the default is an event of default as defined below), Payee may set off any of the Collateral Security against any amount due hereunder or apply any other Collateral Security or other proceeds of the Collateral Security to any amount due under this Note or under any other Loan Document. "Default" under this Note shall mean any Event of Default (as hereinafter defmed) and any event which with the passage of time or the giving of notice, or both, would become an Event of Default. Upon default (as hereinbefore defmed) Payee may collect any late charges, interest on overdue amounts at the Default Rate-, and any other amounts authorized in the Loan Documents, and may set off the Collateral Security against or apply it to any sum due under this Note or any other Loan Document. - 6- Each of the following events shall constitute an "Event of Default" under this Note, subject to any applicable notice and grace period as set forth herein or therein: (a) Maker fails to make any payment of principal or interest or any other sum required to be made under this Note or any other Loan Document within fIfteen (15) days of its due date; (b) there occurs an Event of Default as defIned in this Note or any other Loan Document (as hereinbefore de:fmed) executed by Maker; (c) if any Maker or guarantor becomes insolvent or makes an assignment for the benefIt of creditors; or (d) if (i) a Court shall enter a decree or order for relief in respect of any Maker or guarantor in an involuntary case under the Federal Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of any Maker or guarantor or for any of the property of any Maker or guarantor, ordering the winding up or liquidation of hisiher/its/their affairs, and such decree or order shall remain unstayed and in effect for a period of sixty (60) days; or (ll) any Maker or guarantor shall commence an action in bankruptcy, insolvency, or under any other similar law now or hereinafter in effect, or shall consent to the entry of an order for relief in an involuntary case under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or similar official) of any Maker or guarantor or for any part ofhisiher/its/their property; (e) failure by any Maker or guarantor to observe or perform any covenant, agreement, condition or term of this Note or any other Loan Document executed by any Maker or guarantor and delivered to Payee in connection with this Note which remains uncured :fIfteen (15) days after written notice thereof by Payee provided that if such failure cannot be reasonably cured within such :fIfteen (15) day period as aforesaid and if Maker has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein may be extended up to a date set by Payee (or breach by any Maker or guarantor of any other obligation to the Payee subject to any applicable notice and/or -7- grace period); or (f) any representation or warranty in any fmancial or other statements, schedule, certificate or other document of any Maker or guarantor delivered to Payee by or on behalf of any Maker or guarantor shall prove to be false, misleading, or incomplete in any material respect; or (g) a material adverse change occurs in the financial condition of any Maker or guarantor; (h) Maker assigns or otherwise transfers or attempts to assign or transfer any interest in the Mortgaged Premises (except as provided in the Mortgage); or (i) Maker defaults under the terms of any other indebtedness of Maker to Payee. At any time after occurrence of an Event of Default, Payee may, at Payee's option and without notice or dernand, do anyone or more of the following: (a) without declaring the unpaid principal balance to be due, collect all installments of principal and/or interest (at the then applicable rate provided above to the date on which a default occurs and, thereafter, at the Default Rate) and all other sums due under this Note or any other Loan Document from time to time, by any action provided in this Note or any other Loan Document or provided at law or in equity; (b) declare the entire unpaid principal balance of this Note, together with interest accrued thereon (at the then applicable rate provided above to the date on which a default occurs and, thereafter, at the Default Rate) and all other sums due from Maker under this Note or any other Loan Document to be due and payable i=ediately; and/or (c) exercise any other right or remedy as may be provided in this Note or any other Loan Document or provided at law or in equity. -8- Payment of all or any part of the Indebtedness (as dermed below) may be recovered at any time by anyone or more of the foregoing remedies. Whether or not the entire unpaid principal balance is declared to be due, the interest rate on the unpaid principal balance shall be the Default Rate from the date on which a default occurs until the date on which all defaults are cured or the entire unpaid principal balance and all other sums due under this Note or any other Loan Document (collectively, the "Indebtedness") are actually received by Payee, Upon the entry of any judgment after default, interest shall continue to accrue at the Default Rate on the judgment amount from the date of judgment until actual receipt of the entire Indebtedness by Payee, including any period after a Sheriffs Sale of the Mortgaged Premises. In any action under this Note or any other Loan Document, Payee may recover all costs of suit and other expenses in connection with the action, including the cost of any title search and reasonable attorneys fees, paid or incurred by Payee, The rights and remedies provided to Payee in this Note and the other Loan Documents, including all warrants of attorney, (al are not exclusive and are in addition to any other rights and remedies Payee may have at law or in equity, (b) shall be cumulative and concurrent, (c) may be pursued singly, successively or together against Maker, any of the Mortgaged Premises, any of the Collateral Security and/or any other security at the sole discretion of Payee, and (d) may be exercised as often as occasion therefor shall arise. The failure to exercise or delay in exercising any such right or remedy shall not be construed as a waiver or release thereof. Maker hereby waives and releases Payee and its attorneys from all errors, defects and imperfections (of a procedural nature) in any proceeding instituted or maintained by Payee under this Note or any other Loan Document. - 9- Maker hereby, to the extent not prohibited by law, waives all benefit of any and all present and future statutes of limitations and moratorium laws and any and all present and future laws which (a) exempt all or any part of the Mortgaged Premises, the Collateral Security or any other real or personal property or any part of the proceeds of any sale of any such property from attachment, levy, foreclosure or sale under execution, (b) provide for any stay of execution, marshaling of assets, exemption from civil process, redemption, extension of time for payment, or valuation or appraisement of all or any part of the Mortgaged Premises, the Collateral Security or any other real or personal property, or (c) conflict with any provision of this Note or any other Loan Document. Maker agrees that the Mortgaged Premises, the Collateral Security and any other real or personal property may be sold to satisfy any judgment entered under this Note or any other Loan Document in whole or in part and in any order as may be desired by Payee. Maker and all endorsers, sureties and guarantors, jointly and severally: (a) waive presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and notice of protest of this Note, and all other notices (not expressly provided for in this Note) in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Note; (b) agree that the liability of each of them shall be unconditional without regard to the liability of any other party and shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee at any time; (c) consent to any and all indulgences, extensions of time, renewals, waivers or modifications granted or consented to by Payee at any time; (d) consent to the release of all or any part of or interest in the Mortgaged Premises or the Collateral Security or any other collateral described in any Loan Document, with or without substitution; and (e) agree that additional makers, endorsers, guarantors or sureties may become parties to this Note or any other Loan Document without notice to them or affecting their liability under this Note or any other Loan Document. - 10- Payee shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Payee. Such a written waiver signed by Payee shall waive Payee's rights and remedies only to the extent specifically stated in such written waiver. A waiver as to one or more particular events or defaults shall not be construed as continuing or as a bar to or waiver of any right or remedy as to another or subsequent event or default. Maker shall pay the cost of any revenue, tax or other stamps now or hereafter required by law to be affIXed to this Note. Maker shall pay any and all taxes imposed upon Payee by reason of this Note or the ownership or possession of this Note, including personal property taxes, but excluding any franchise or capital stock taxes, bank shares taxes, or income taxes imposed by reason of interest received by Payee under this Note, and shall reimburse Payee for the amount any such taxes paid by Payee. If Maker fails or refuses or is not legally permitted to make such payment or reimbursement, Payee, may, at its option, declare the Indebtedness to be i=ediately due and payable, whereupon Maker shall immediately pay such principal and other sums to Payee. If Maker shall, without in each instance the prior written consent of Payee, sell, transfer, convey, mortgage, encumber, lease or otherwise alienate all of any part of the Mortgaged Premises or any interest therein (except for leases permitted by the Mortgage or Assignment of Leases), whether voluntarily or by operation of law, then Payee may, at its sole option, declare the Indebtedness to be immediately due and payable, whereupon all such principal and other sums shall be i=ediately due and payable. Payee shall not be construed for any purpose to be a partner, joint venturer or associate of Maker or of any lessee, operator, concessionaire or licensee of Maker or of any of the Mortgaged Premises by reason of this Note or any of the Loan - 11- Documents or of any action by Payee pursuant to any provision of this Note or any other Loan Document. Time is of the essence of each and every provision of this Note. The words "Payee" and "Maker" shall include the respective heirs, distributees, personal representatives, successors and assigns of Payee and Maker, respectively. The provisions of this Note shall bind and inure to the benefit of Payee and Maker and their respective heirs, distributees, personal representatives, . successors and assigns provided that the provisions of this paragraph are subject to all the other provisions of this Note and the other Loan Documents, including the above due-an-sale clause. If there is more than one Maker, the liability of each shall be joint and several. As to all pronouns and other terms in this Note, the singular shall include the plural and vice versa and any gender shall include the other two genders, as the context may require. The phrase "any of the Mortgaged Premises" shall mean "all or any part of any of the Mortgaged Premises or any interest therein." The phrase "any of the Collateral Security" shall mean "all or any part of the Collateral Security or any interest therein." This Note may be modified, amended, discharged or waived only by an agreement in writing signed by the party against whom enforcement of any such modification, amendment, discharge or waiver is sought. - 12- This Note shall be governed by and construed according to the laws of the Co=onwealth of Pennsylvania. All notices, requests, demands and other co=unications given pursuant to any provision of this Note shall be given in writing by U.S. certified or registered mail with return receipt requested and postage prepaid, or by any 24-hour courier service with proof of delivery, addressed to the party for which it is intended at the address of that party first stated above or such other address of which that party shall have given notice in the manner provided herein. Any such mail notice shall be deemed to have been given when the notice is deposited in the mail. Any such courier notice shall be deemed to have been given on the following business day. lJ!'ON THE OCCURRENCE OF AN EVENT OF DEFAULT, MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR ATTORNEYS OR THE PROTHONOTARY OR CLERK OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, OR IN ANY OTHER JURISDICTION WHICH PERMITS THE ENTRY OF JUDGMENT BY CONFESSION, TO APPEAR FOR ANY OR ALL MAKER IN SUCH COURT IN AN APPROPRIATE ACTION THERE BROUGHT OR TO BE BROUGHT AGAINST MAKER AT THE SUIT OF PAYEE ON THIS NOTE, WITH OR WITHOUT COMPLAINT OR DECLARATION FILED, AS OF ANY TERM OR TIME, AND THEREIN TO CONFESS OR ENTER JUDGMENT AGAINST MAKER FOR ALL SUMS DUE BY MAKER TO PAYEE UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS (WITH OR WITHOUT ACCELERATION OF MATURITY), INCLUDING ALL COSTS AND REASONABLE ATTORNEYS' FEES. FOR SO DOING THIS NOTE OR A COPY HEREOF VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE AUTHORITY TO CONFESS JUDGMENT GRANTED HEREIN SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF BUT MAY BE EXERCISED FROM TIME TO TIME AND AT ANY TIME AS OF ANY TERM AND FOR ANY AMOUNT AUTHORIZED HEREIN. - 13- . MAKER EXPRESSLy ...~UTHORIZES THE ENTRY OF &.PEATED JUDGMENTS UNDER THIS PARAGRAPH NOTWITHSTANDING AN"Y PRIOR ENTRY OF JUDGMENT IN THE SAME OR ANY OTHER COURT FOR THE SAME OBLIGATION OR ANY PART THEREOF. MAKER ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED BY COUNSEL IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THIS NOTE AND THAT IT UNDERSTANDS THIS PROVISION FOR CONFESSION OF JUDGMENT, AND MAKER WAIVES ANY RIGHT TO NOTICE OR A HEARING WHICH IT MIGHT OTHERWISE HAVE BEFORE ENTRY OF JUDGMENT. IN WITNESS WHEREOF, Maker has executed this Note under seal the 30th day of July, 1999. Witness MAKER: 1 v!~/ ~~2~#~ VINCENT SCALA VINO /7 .J 11 " ~1c~ A1/!d/~d:J!Y EN SCALA VINO Witness EAST ~O~T CUST~.MM i:P UTO, INC. By: /I~1^<<-/:~4~ Vincent Scalavino, President LINE OF CREDIT DEMAND NOTE $100,000.00 Harrisburg, P A July 30, 1999 FOR VALUE RECEIVED, VINCENT SCALAVINO and EILEEN SCALA VINO, his wife, adult individuals, and EAST COAST CUSTOM AUTO, INC., a Pennsylvania business corporation having an address of 2272 Ritner Highway, Shippensburg, PA 17257 (collectively referred to as the "Maker"), hereby jointly and severally promise to pay to the order of COMMUNITY BANKS, N.A., a national banking institution with an office at 150 Market Square, P. O. Box 350, Millersburg, PA 17061 (the "Payee") ON DEMAND the principal sum of One Hundred Thousand ($100,000.00) Dollars or, ifless, the aggregate unpaid balance of all advances made by Payee to Maker pursuant to the Loan Agreement of even date herewith (the "Loan Agreement"), together with interest on the unpaid principal balance at the Co=ercial Prime Rate of Co=unity Banks, N.A., as defined in the Loan Agreement, plus one-half (7'2%) percent, which interest rate will change automatically from time to time on the effective date of each change in the Co=ercial Prime Rate (the "Applicable Rate ofInterest"). Interest will be calculated on the basis of a 365-day year. Maker shall pay the principal and interest of the obligation evidenced by this Note, being the aggregate unpaid balances of all advances, ON DEMAND. Beginning thirty (30) days after the date of this Note, and on the same day of each month thereafter, unless demand for payment is made earlier, Maker shall pay interest at the Applicable Rate of Interest. Principal and interest shall be payable in lawful b L Ll()/I E'l-h I l'j money of the United States of America at the office of Payee designated above or at such other place as the holder of this Note may designate. All amounts now or subsequently payable under this Note, and under any renewals, extensions and modifications ofthis Note, together with all other existing and future obligations of any kind of Maker to Payee are referred to collectively as the "Indebtedness." Maker agrees that in the event payment of any part of the Indebtedness is not paid within fifteen (15) days after it is due, Maker shall pay to Payee a late charge of five percent (5%) of the amount past due to cover the additional expense incident to the delinquency. Maker's agreement to pay a late charge shall not be construed to obligate Payee to accept any overdue installment of the Indebtedness or limit Payee's rights and remedies for Maker's default. This Note is secured by and entitled to all of the benefits of(i) an Open-end Mortgage and Security Agreement (the "Mortgage") of even date herewith from Vincent Scalavino and Eileen Scalavino as Mortgagor to Payee as Mortgagee on that real estate situate in South NewtonTownship, Cumberland County, Pennsylvania, consisting of approximately 25 acres, together with all improvements now or hereafter erected thereon as more fully described in the Mortgage (the "Mortgaged Premises"), (ii) a Collateral Assignment of Agreements Affecting Real Estate for the Mortgaged Premises, (liD an Assignment of Rents and Leases (the "Assignment of Leases") affecting the Mortgaged Premises, (iv) a first lien perfected security interest in East Coast Custom Auto, Inc.'s tangible and intangible assets more fully described in that certain Security Agreement of even date herewith and (v) all additional security set forth in the Loan Agreement and the Commitment Letter (the documents described in (i) through (v) - 2 - above, along with the Loan Agreement and Term Note of even date herewith, are hereinafter collectively referred to as the "Loan Documents"). Any failure by Maker to comply with the terms, covenants or conditions of the Loan Documents, or any of them, shall automatically constitute a default under this Note. At its option Payee may pay any tax, payment in lieu of taxes, assessment, water rent, insurance premiums or other sums which under the terms of the Loan Documents may be paid by Payee for the account of Maker. The amount paid shall be added to and become part of the Indebtedness secured by the Loan Documents, and shall be payable on demand. UPON DEMAND or if Maker shall commit an Event of Default as defined in the Loan Agreement, or if any certification, warranty or representation made by Maker to Payee should prove to be materially false, then the Indebtedness and all other sums due or owed by Maker under this Note or under the terms of the Loan Documents shall at the option of Payee and without notice to Maker become due and payable immediately with interest (after such DEMAND or acceleration and until the Indebtedness is paid in full, including the period following entry of any judgment) at a rate which is two percent (2%) per annum in excess of the Applicable Rate of Interest hereinabove specified (the "Default Interest Rate"), together with a reasonable attorney's fee for collection, and the cost of any title search incurred by Payee in connection with those proceedings. Payment of these amounts may be enforced and recovered by the entry of judgment on this Note and the issuance of execution thereon. The Maker acknowledges that this Note is an obligation which is payable ON DEMAND. The enumeration in any other document of specific events of default, conditions, or covenants relating to this loan or any other liability of the Maker to the - 3- Payee will not qualify, define, or otherwise limit in any way the Payee's right, power, or ability, at any time, to make demand for the payment of principal and interest on this Note. Maker agrees that the occurrence of an event of default or breach of any condition or covenant in any this Note or any other Loan Document is not the only basis for demand to be made on this Note. MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS JUDGMENT THEREIN AGAINST MAKER FOR THE AMOUNT FOR WHICH MAKER MAY BE OR BECOME LIABLE TO PAYEE UNDER THIS NOTE, PLUS A REASONABLE ATTORNEY'S FEE FOR COLLECTION, WITH COSTS OF SUIT, RELEASE OF ERRORS, AND WITHOUT RIGHT OF APPEAL. MAKER WAIVES THE RIGHT TO ANY STAY OF EXECUTION AND THE BENEFIT OF ALL EXEMPTION LAWS NOW OR HEREAFTER IN EFFECT. NO SINGLE EXERCISE OF THE FOREGOING WARRANT AND POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND MAYBE EXERCISED FROM TIME TO TIME AS OFTEN AS THE PAYEE SHALL ELECT UNTIL ALL SUMS PAYABLE OR THAT MAY BECOME PAYABLE BYMAKERHA VE BEEN PAID IN FULL. The remedies of Payee provided in this Note and in the other Loan Documents or otherwise available to Payee at law or in equity shall be cumulative and concurrent. The remedies may be pursued singly, successively and together at the sole discretion of Payee, and may be exercised as often as necessary. Payee's failure to -4- exercise any of its rights or remedies shall in no event be construed as a waiver or release of any of its rights or remedies. Maker hereby releases Payee and its attorney or attorneys from all errors, defects and imperfections whatsoever in entering judgment by confession on this Note, or in issuing any process or instituting any related proceedings. Maker hereby waives all benefits that might accrue to Maker by virtue of any present or future laws exempting any real or personal property, or any proceeds arising from the sale of any of that property, from attachment, levy or sale under execution, or providing for any stay of execution, exemption from civil process or extension oftime. Maker agrees that such property may be sold to satisfy any judgment entered on this Note or the other Loan Documents, in whole or in part and in any order as may be desired by Payee. Payee does not waive defense of payment or performance. Maker (and all endorsers, sureties and guarantors) waives the right to presentment for payment, demand, notice of demand, notice of non-payment or dishonor, protest and notice of protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Note. Liability under this Note shall be unconditional and shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee. Maker shall pay the cost of any revenue, tax or other stamps now or hereafter required by law at any time to be affIXed to this Note or the other Loan Documents. Maker shall pay, or reimburse Payee for, any taxes (excluding income taxes of Payee) imposed with respect to the Indebtedness or with respect to notes evidencing the Indebtedness. - 5- All payments received by Payee on account of the Indebtedness may be applied by the Payee to the Indebtedness as Payee may determine in its sole discretion, without notice to or consent of Maker. Maker hereby expressly waives (to the extent permitted by law) all rights to make or manifest any binding instruction upon Payee as to application of payments other than as provided in this Note or the Loan Agreement. Acceptance by Payee of partial payment(s) shall not be construed as a waiver of any default nor shall it affect or impair the rights and remedies of Payee under this Note. No failure or delay by Payee in exercising any right, power or remedy will operate as a waiver of any of Payee's rights or remedies. If any provision of this Note is adjudged invalid, that partial invalidity shall not cause the remainder of the Note to be or to become invalid. If a provision of this Note is held invalid in one or more of its applications, that provision shall remain in effect in all valid applications that are severable from the invalid application or applications. All rights of Payee hereunder shall inure to the benefit of its successors, pledgees and assigns. When used herein, the singular may also refer to the plural, and the plural may also refer to the singular. "Payee," whenever used in this Note, shall mean any individual or organization to whom this Note is endorsed or transferred. The use of any gender shall be applicable to the other gender or the neuter. If there is more than one Maker, their liability hereunder shall be joint and several and the term "Maker," whenever used in this Note, shall mean all of the parties who have signed this Note, and each of them. This Note shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania and, to the extent that federal laws preempt the laws of Pennsylvania, by the laws of the United States of America. -6- In addition to all other rights possessed by it, Payee shall have the right to pledge or transfer this Note and any renewals, extensions or modifications of this Note, assigning Payee's rights in all or part of any collateral. Payee shall be relieved from all liability accruing after the effective date of any assignment with respect to any of the collateral assigned. Maker hereby consents to the exclusive jurisdiction of the Court of Co=on Pleas of Dauphin County, Pennsylvania, and of the District Court for the Middle District of Pennsylvania in any and all actions or proceedings arising under or pursuant to this Note. Maker irrevocably agrees to service of process by certified mail, return receipt requested, to the address for Maker set forth above or to such other address as Maker may direct by notice to Payee. Maker hereby waives the right to have any matter or controversy arising hereunder or with respect to the Indebtedness tried by a jury. Maker represents that the loan proceeds will be used for business or co=ercial purposes only. IN WITNESS WHEREOF, Maker has duly executed and de~vered this Note under seal the day and year fIrst above written. WITNESS: it~~d2-~~ VINCENT SCALA VINO ~~) .JhaRe1L;/J( tV EILEEN SCALA VINO EAST COAST CU. ~TO AUTO INC. 1;::, - -/ e<-L_ By: . /l/J--c~ A VINCENT SCALA VINO, President . In.... ".. , ~ r. -_ .C'~ ~p , ,.. 1,S, J 900/ -, ? -r~Wi'-. Securing Future Advances up to A Maximum Principal Amount of $600,000 Plus Accrued Interest And Other Indebtedness as Described in 42 Pa.C.8.A. s8143 . <.0 <D ::::> r:= C") ':> C:::O 3;:..,,::0 000 r-1o rn ;.:::J ~ rr1 \::0::0> -_ m -; t:i ::'J -"J o ~ ~.I ':::> 'I '_0 ~.:: c C_' ::: i". -'. ~ ::; ;_-..: .'1 ~ 0 ... I ~')..-.... -" OPEN-END MORTGAGE AND SECURITY AGREEMENT ...c = :3 ~ = r..::: O"l THIS OPEN-END MORTGAGE AND SECURITY AGREEMENT (tht" "Mortgage") made this 30th day of July, 1999, by and between VINCENT SCALA VINO and EILEEN SCALA VINO, his wife, adult individuals, having an address 2275 Ritner Highway, Shippensburg, P A 17257 (the "Mortgagor") and COMMUNITY BANKS, N.A., a national banking association, having offices located at 150 Market Square, P. O. Box 350, Millersburg, Pennsylvania 17061, (hereinafter referred to as ''Mortgagee''). BACKGROUND A. Mortgagor, jointly and severally with EAST COAST CUSTOM AUTO, INC., a business corporation, has executed and delivered to Mortgagee a Line of Credit Demand Note of even date herewith in the principal amount of One Hundred Thousand ($100,000.00) Dollars (the "Line of Credit Note"), and a Term Note in the principal amount of Five Hundred Thousand ($500,000.00) Dollars (the "Term Note") (sometimes referred to collectively as the "Notes"), with interest thereon payable at the rate and times, in the manner and according to the terms and conditions specified in the Notes, all of which are incorporated herein by reference. The Notes evidence the Mortgagor's obligations to repay amounts to be advanced by the Mortgagee pursuant to the terms and conditions of a Loan Agreement of even date herewith (the "Loan Agreement"). B. Mortgagor is the owner in fee simply of the real property hereby mortgaged and more fully described in Exhibit "A" which is attached to and made a part of this Mortgage. C. As security for the obligations of Mortgagor as Maker under the Notes, and as security for the repayment of all sums advanced or to be advanced under the Notes and the Loan Agreement, Mortgagee has required Mortgagor, and Mortgagor has agreed, to execute and deliver this Mortgage. The Notes, the Loan Agreement, this Mortgage, and any other documents executed by Mortgagor and delivered to Mortgagee in connection with the Notes or given as security for the Notes (including any restructuring, refinancing, extension or modification hereoD are sometimes referred to herein collectively as the "Loan Documents" or individually as 5hlO,L (} J/ Bood561 PACEllO? a "Loan Document." The terms and conditions of the Loan Documents are hereby incorporated into this Mortgage by reference. CONVEYANCE NOW, THEREFORE, Mortgagor, in consideration of the premises recited above and the indebtedness evidenced by the Notes and the other Loan Documents, and for better securing payment of the same, with interest and in accordance with their respective terms and conditions, together with all other sums recoverable by Mortgagee under the terms of the Loan Documents and for the performance of the agreements and covenants, contained herein and therein, does hereby grant, assign, and convey unto Mortgagee, its successors and assigns, all of the following real and personal property and property interests (together, the real and personal property and the property interests described in subparagraphs (1) through (6) below, inclusive, shall constitute the "Mortgaged Premises"): 1. All of Mortgagor's right, title and interest in and to that real property situate in South NewtonTownship, Cumberland County, Pennsylvania, consisting of approximately 25 acres, which is more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Real Estate"); 2. All of Mortgagor's right, title and interest in and to buildings and improvements existing or hereafter erected on the Real Estate (the "Improvements"); 3. All fIXtures, machinery, equipment, supplies, tools, accessories and other articles of property of any nature whatsoever, whether real estate or not, owned by Mortgagor, now or at any time hereafter installed in, attached to or situated in or upon, or used or intended to be used in connection with or in the operation or maintenance of the Real Estate or the Improvements, or in the operation of any buildings, improvements, plant or business now or hereafter situate thereon, which shall include, but not be limited to, all lighting, heating, ventilating, air conditioning, sprinkling and plumbing fIXtures and systems, irrigating, water and power systems and fIXtures, engines and machinery, boilers, ranges, furnaces, oil burners or units thereof, elevators and motors, refrigeration plants or units, communication systems, security systems, dynamos, transformers, generators, electrical equipment, storm and screen windows, doors, decorations, awnings, shades, signs, and trees, shrubbery and other plantings; 4. All accounts, contract rights, chattel paper, general intangibles and all personal property now or hereafter owned by Mortgagor and located on the Real Estate, together with all accessions, replacements and substitutions thereto or therefor and the proceeds and products thereof; - 2 - BOOK 1561 r,\GE1108 5. All proceeds from the sale, transfer, lease or other disposition of any of the foregoing, whether voluntary or involuntary (sale, transfers and leases are, nevertheless, subject to the provisions of paragraphs 8 and 13 hereoD, and all proceeds of the conversion of any of the foregoing into cash or liquidated claims, including without limitation proceeds of insurance and condemnation awards, and all parts, fittings, accessories, accessions, substitutions and replacements therefor and thereof; and 6. Any and all tenements, hereditaments and appurtenances belonging to the Real Estate or any part thereof, hereby mortgaged or intended so to be, or in anywise appertaining thereto and all rents, issues, income, and profits arising therefrom; all streets, alleys, passages, ways, watercourses, vaults; all other rights, liberties, easements, covenants and privileges of whatsoever kind or character; the reversions and remainders; and all the estate, right, title, interest, property, possession, claim and demand whatsoever, as well at law as in equity, of Mortgagor, in and to all of the foregoing or any or every part thereof, and all the estate, right, title and interest of Mortgagor in a.TJ.d to each and every existing and future lease with respect to all or any portion of the Real Estate, including, without limitation, all rents, issues, income, and profits arising therefrom. TO HAVE AND TO HOLD the Mortgaged Premises hereby granted and conveyed or mentioned and intended so to be, with the appurtenances, unto Mortgagee, forever. AS INDEPENDENT AND SEPARATE SECURITY for the payment of the indebtedness and performance of the obligations, covenants and agreements secured hereby, Mortgagor hereby (i) grants to Mortgagee a security interest under the Pennsylvania Uniform Commercial Code in, among other things, all fIxtures, furnishings, furniture, floor coverings, equipment, trade fIXtures, appliances, machinery, supplies, tools, accessories, operating inventory accounts, contract rights, chattel paper, general intangibles and all other personal property now or hereafter owned by Mortgagor and now or hereafter located on the Real Estate, and such other items as are stated and more particularly described in the granting clauses set forth above, and the other permitted encumbrances, (ii) conditionally assigns to Mortgagee all of Mortgagor's right, title and interest in and to all leases and resident contracts, whether now in existence or hereafter created, together with all rents, deposits and proceeds due and to become due thereunder and, upon an Event of Default as hereinafter provided, confers upon Mortgagee the power to enter upon and take possession of the Mortgaged Premises and to rent the same, either in its own name or in the name of Mortgagor, and to receive the rents, issues and profits therefrom, and to apply the same to the payment of interest, principal, taxes, insurance premiums, repairs, alterations, improvements and other expenses in such order of priority as -3- BOfiK1561rACE1109 Mortgagee shall determine, but such collection of rents, issues and profits shall not operate as an affIrmance of any tenant, lease or sublease, in the event that title to all or any part of the Mortgaged Premises should be acquired by Mortgagee or any other purchaser at a foreclosure sale, except as expressly provided herein, and (ill) assigns to Mortgagee, as additional collateral security for all amounts secured hereby, all of Mortgagor's right, title and interest in and to all insurance policies, all proceeds of insurance policies, all unearned premiums paid by Mortgagor, accrued or to accrue under all insurance policies, irrespective of who maintains such insurance, including but not limited to Mortgagor or any tenant at the Mortgaged Premises, and all proceeds arising from condemnation proceedings applicable to all or any part of the Mortgaged Premises. ADDITIONAL PROVISIONS Mortgagor represents, covenants, warrants, and agrees to and with Mortgagee, as follows: 1. Title; Power: No Violation. Mortgagor represents that it has good and marketable fee title to, the Real Estate and the buildings, structures, improvements, fIXtures, machinery, tenements and other property and property interests which constitute the Mortgaged Premises, and to all rents, issues and profits therefrom, and has the right, full power and lawful authority to grant, convey and assign the same to Mortgagee in the manner and form set forth herein and in the other Loan Documents. The Mortgaged Premises are free and clear of all liens, encumbrances and other charges whatsoever except such easements and encumbrances as have been accepted by the Bank ("Permitted Liens"). Mortgagee, its successors and assigns will quietly enjoy and possess the Mortgaged Premises to the extent provided in this Mortgage. Mortgagor's grant and conveyance of Mortgagor's title and interest in and to the Mortgaged Premises to Mortgagee pursuant to this Mortgage do not and will not violate any covenant or agreement by which Mortgagor is bound. 2. Compliance: Environmental Matters. 2.1. Mortgagor has not treated, stored, recycled, disposed of or discharged any hazardous, toxic or polluting substances on or into the Mortgaged Premises in any manner which may require remediation under any applicable law or regulation and Mortgagor, having made reasonable inquiries and/or investigation, has no knowledge of any other person or entity, including, without limitation, any previous owner or operator of the Mortgaged Premises, having treated, stored, - 4- BOO~ 1551 f~~E1110 recycled, disposed of or discharged any hazardous, toxic or polluting substances on or into the Mortgaged Premises in such manner. 2.2. Mortgagor, having made reasonable and diligent inquiries and investigations, has no knowledge of any violation of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), as amended by the Hazardous and Solid Waste Amendments of 1984, the Federal Water Pollution Control Act ("Clean Water Act"), the Toxic Substances Control Act (TSCA), the Clean Air Act ("CAA"), the Pennsylvania Hazardous Sites Cleanup Act of 1988 ("HSCAn), the Pennsylvania Clean Streams Law ("CSL"), the Pennsylvania Solid Waste Management Act of 1980 ("SWMAn), the Pennsylvania Storage Tank and Spill Prevention Act of 1989 ("Act 32") or any rule or regulation promulgated pursuant to any of the foregoing statutes or any other applicable environmental law, statute, rule, regulation or ordinance (all of the foregoing are hereinafter sometimes collectively referred to as the "Environmental Laws and Regulations") by Mortgagor, any affiliate, agent or independent contractor of Mortgagor or any other person or entity, including a previous owner or operator of the Mortgaged Premises, with respect to the Mortgaged Premises, and no such environmental liability exists on or in connection with the Mortgaged Premises. 2.3. Mortgagor has filed all applications, notifications and plans required by law and has obtained all permits and authorizations required by law which are necessary to carry on its business(es), and to the best of Mortgagor's knowledge, information and belief, the Mortgaged Premises is in compliance with all applicable Environmental Laws and Regulations. 2.4. Mortgagor has received no notice and is unaware that any real property or assets have been designated as a site on the National Priorities List or similar state list, or have been or are-the subject of any removal or response action, private or governmental, under the Comprehensive Environmental Response, Compensation or Liability Act, as amended, or the Pennsylvania Hazardous Sites Cleanup Act or any similar state or federal law, and that no requests have been received to provide information or participate in any study, remedial design or response action under such laws. 2.5. Mortgagor, having made reasonable and diligent inquiries _ and investigations, has no knowledge that any notification has been filed with any state, federal or local agency with regard to the discharge of hazardous, toxic, or polluting substances on or into the Mortgaged Premises which would result in liability for clean-up under any Environmental Laws and Regulations, or that any - 5 - BOOK 1561 PACElli1 notice has been received from any governmental or quasi-governmental entity that the Mortgaged Premises is subject to investigation, enforcement or clean-up liabilities under any such Environmental Laws and Regulations. Mortgagor shall immediately notify Mortgagee of any such notice flied or received by Mortgagor and shall promptly provide Mortgagee with a copy of such notice. 2.6. Mortgagor has not received any claims, demands, notices of intent to me a claim, demand or lawsuit, notices of deficiencies, or requests for information relating to actual or potential actions brought by third parties for violations of any Environmental Laws and Regulations for which Mortgagor may be liable. 2.7. Mortgagor shall duly observe, conform, obey and comply with, and shall cause its employees, agents and contractors to duly observe, conform, obey and comply with all requirements of any federal, state or local governmental or quasi-governmental authority affecting all or any part of the Mortgaged Premises or the occupancy thereof or the business or operations now or hereafter conducted thereon, and will ensure that the present and currently contemplated future use of the Mortgaged Premises will be in compliance with all applicable environmental protection and land use regulations or laws including, without limitation, CERCLA, RCRA, the Clean Water Act, TSCA, CAA, HSCA, CSL, SWMA, Act 32 and any other federal, state or local environmental law, regulation or ordinance. Notwithstanding the foregoing, if Mortgagor in good faith and by appropriate action, protest or proceeding shall contest the validity of any such requirement, law, rule or regulation, then Mortgagor shall not be required to comply with any such requirement, law, rule or regulation so long as the contest (i) operates to prevent enforcement thereof or the potential sale, forfeiture or loss of the Mortgaged Premises; (ii) does not interfere with the use, occupancy or operations of the Mortgaged Premises, the rent payable by tenants of the Mortgaged Premises and the timely payment of all sums due hereunder; and (iii) is maintained and prosecuted with diligence and shall not have been terminated or discontinued adversely to Mortgagor. 2.8. Mortgagor shall exercise due care with respect to any hazardous, toxic or otherwise polluting substances which may be treated, stored, recycled, discharged, disposed of or otherwise placed on the Mortgaged Premises and Mortgagor will take reasonable precautions against the foreseeable acts or omissions of third parties with regard to the treatment, storage, recycling, discharge, disposal or placement of hazardous substances on the Premises and the environmental consequences that could forseeably result from such acts or omissions. Mortgagor shall immediately notify Mortgagee and its successors in interest of any act or omission that could give rise to liability under any Environmental Laws and Regulations as soon as it occurs. - 6- BooK1561 rAGE1112 2.9. Mortgagor, its successors and assigns hereby agree to be responsible for, defend, indemnify and hold harmless Mortgagee, its directors, officers, employees, agents, successors and assigns, from and against any and all losses, damages, expenses and costs, including reasonable attorneys' fees, consulting fees, and experts' fees which Mortgagee may hereafter suffer, incur or layout, by reason of any liability arising out of or in relation to violations of any Environmental Laws and Regulations, claims, causes of action, demands, judgments, orders or proceedings, including but not limited to, claims resulting from environmental hazards, loss of life, injury to persons, property or business, and/or damage to natural resources due to the acts or omissions of Mortgagor or any other person or entity, including third parties who have trespassed on the Premises, during Mortgagor's ownership of the Mortgaged Property. Mortgagor, its successors and assigns, shall bear, pay and discharge, when and as the same become due and payable, any and all such judgments or claims for contribution, indemnification, damages, penalties and attorneys', consulting and experts' fees or otherwise against Mortgagee, shall hold Mortgagee harmless for such judgments or claims, and shall assume the burden and expense of defending all suits, administrative proceedings and negotiations of any kind arising out of any of the occurrences set forth herein. This indemnification shall extend to any liability Mortgagee may suffer or incur in connection with any hazardous waste clean-up ordered by any governmental agency or court or as a result of any actions brought by third parties at law or in equity. This indemnity shall survive an event of foreclosure under this Mortgage or conveyance of the Mortgaged Property in lieu offoreclosure. 2.10. Mortgagee at any time may enter the Mortgaged Premises for the purpose of conducting such inspections of the Mortgaged Premises as the Mortgagee in its sole discretion deems appropriate to determine whether Mortgagor has complied with the environmental covenants described above. In addition thereto, the Mortgagor shall, upon the request of the Mortgagee, provide access to all records maintained by the Mortgagor with respect to any environmental matter affecting the Mortgaged Premises. 2.11. Mortgagor hereby covenants that it shall not construe this Mortgage or take any action which may cause Mortgagee to be considered a generator of hazardous substances, or an owner, operator or person in control of any facility or part of any business of the Mortgagor. 3. Pavrnent and Performance. Mortgagor shall (i) pay to Mortgagee, in accordance with the terms of the Notes and this Mortgage, the principal and interest and all other sums therein and herein set forth, (ii) perform and comply with all the agreements, conditions, covenants, provisions and undertakings contained in Notes and in the Loan Documents and (iii) timely perform all of its obligations and duties as -7. BOOK 1561 f.GEii13 lessor under any lease of all or any portion of the Mortgaged Premises now or hereafter in effect. 4. Taxes and Other Charg-es. Mortgagor shall payor cause to be paid when due and payable, without any deduction, defalcation or abatement, all taxes, assessments, water and sewer rents and all other charges or claims which may be assessed, levied or f1led at any time against Mortgagor, the Mortgaged Premises or any part thereof or which by any present or future law may have priority over the indebtedness secured hereby either in lien or in distribution out of the proceeds of any judicial sale; and Mortgagor, if and as requested by Mortgagee, shall produce to Mortgagee, not later than ten (0) days prior to the dates when any of the same shall co=ence to bear interest or penalties, receipts for or other evidence of the payment thereof. Mortgagor shall not apply for or claim any deduction, by reason of this Mortgage, from the taxable value of all or any part of the Mortgaged Premises. It is expressly agreed that no credit shall be claimed or allowed on the principal or interest payable on the Notes because of any taxes or other charges paid. 5. Insurance. 5.1. Mortgagor shall, from and after the date hereof and at all times while this Mortgage is in force or the Notes remain outstanding, maintain, at Mortgagor's expense, insurance in amounts, with deductibles and with companies reasonably satisfactory to Mortgagee. Without limiting the generality of the foregoing, Mortgagor shall maintain the following minimum coverages, unless otherwise agreed to in writing by Mortgagee, which coverages may be included as part of a blanket policy insuring the Mortgaged Premises and other properties: (1) insurance which shall comply with the worker's compensation and employer's liability laws of all states in which Mortgagor shall have employees; (2) comprehensive general liability insurance covering all operations of Mortgagor and with a combined single limit of not less than $2,000,000 per occurrence for bodily injury (including death) and $1,000,000 for property damage; (3) fire, extended coverage, vandalism and malicious mischief insurance in an amount not less than the full replacement value of any Improvement now or hereafter erected on the Real Estate; (4) if the Mortgaged Premises is in an area designated by the Secretary of Housing and Urban Development as having special flood hazards, -8- BoodSS1 t~GE1114 flood insurance on the improvements on the Mortgaged Premises and any and all personal property used or to be used in connection therewith, up to the maximum limits of insurance available under the National Flood Insurance Program as authorized by the Flood Disaster Protection Act of 1973; (5) business interruption insurance or "loss of rental value" insurance, as appropriate, for a period of twelve (12) months in an amount equal to the gross income from the Mortgaged Premises for a period of twelve (12) months; (6) such other insurance, and in such amounts, as may from time to time be reasonably required by Mortgagee. 5.2. Upon execution hereof, Mortgagor shall furnish to Mortgagee duplicate copies of such policies of insurance or, if acceptable to Mortgagee, certificates of Mortgagor's insurance agent certifying to the insurance required and including photocopies of all policies certified by such agent to be true and correct, in each case specifying the expiration date. Not less than twenty (20) days prior to the expiration of any such coverage, Mortgagor shall deliver to Mortgagee a duplicate policy or certificate evidencing the renewal of such coverage and the payment of all premiums. Upon the request of Mortgagee, but not more often than once every five (5) years, Mortgagor shall at Mortgagor's expense have the Mortgaged Premises appraised for the purpose of determining the replacement and insurable values thereof. 5.3. Each insurance policy shall protect the Mortgagee or name Mortgagee as an additional insured party and shall provide that all proceeds payable thereunder shall be paid to Mortgagee as loss payee or trustee for the beneficial owners thereof. All policies shall be issued by companies acceptable to Mortgagee. 5.4 Each insurance policy shall contain a provision requiring the insured to notify Mortgagee, in writing and at least thirty (30) days in advance, of any cancellation or material change in the policy. 5.5. If the insurance, or any part thereof, shall expire, or be withdrawn, or become void or inadequate, in the opinion of Mortgagee, by reason of Mortgagor's breach of any condition thereof, or become void or inadequate, in the opinion of Mortgagee, by reason of the failure or impairment of the capital of any company in which the insurance shall be carried, Mortgagor shall place new insurance on the Mortgaged Premises reasonably satisfactory to Mortgagee. All renewal policies, with premiums paid, shall be delivered to Mortgagee at least thirty (30) days before expiration of the existing policies. .9. BOO~ 1551 fhGEl115 5.6. In the event of loss to all or any portion of the Mortgaged Premises, Mortgagor shall give immediate written and oral notice thereof to Mortgagee, and Mortgagee may make proof of loss if not made promptly by Mortgagor; orovided, however, that any adjustment of proof of loss shall require the prior written consent of Mortgagee. Each insurance company concerned is hereby authorized and directed to make payment under such insurance, including return of unearned premiums, to Mortgagee instead of to Mortgagor and Mortgagee jointly, and Mortgagor irrevocably appoints Mortgagee as Mortgagor's attorney-in-fact to endorse any draft thereof, which appointment, being for security, is irrevocable. 5.7. All policies of insurance contemplated in this Paragraph 5, and all renewals thereof, are hereby assigned to Mortgagee as additional security for payment of the indebtedness hereby secured and Mortgagor hereby agrees that any amounts available thereunder upon cancellation or termination of any of such policies or renewals, whether in the form of return of premiums or otherwise, shall be payable to Mortgagee as assignee thereof. If Mortgagee becomes the owner of the Mortgaged Premises, or any part thereof, by foreclosure or otherwise, such policies, including all right, title and interest of Mortgagor thereunder, shall become the absolute property of Mortgagee. 5.8. If an Event of Default under this Mortgage, the Notes or any other Loan Document has occurred or is continuing, Mortgagee shall have the absolute right to retain and apply the proceeds of any insurance, at its sole election, toward reduction of the indebtedness secured hereby or to require Mortgagor to restore or repaid the damaged property according to plans and specifications approved by Mortgagee. 5.9. Notwithstanding any ofthe foregoing to the contrary, if (i) at all times relevant hereto no Event of Default under this Mortgage, the Notes or any other Loan Document has occurred or is continuing, (ii) Mortgagee in its reasonable judgment is satisfied that there are sufficient net proceeds to complete restoration of the building(s) and improvements on the Mortgaged Premises to substantially the same value, condition and character as existed prior to such damage, and (iii) the insurers (in the case of an insured casualty loss) do not deny liability as to the insureds, Mortgagee shall consent to the use of the net proceeds of any insurance for any part of Mortgaged Premises for restoration of the Mortgaged Premises in accordance with the following conditions. 5.9.1. Prior to commencement of restoration, if the cost to restore is anticipated to exceed $20,000, the contracts and plans and specifications for the restoration shall have been approved in advance by Mortgagee and Mortgagee shall be provided with proof acceptable to Mortgagee of the effective filing of a waiver - ~6d5S::!..r.\G(1116 of mechanics' liens so as to prevent such liens from attaching to the Mortgaged Premises; 5.9.2. Such restoration, repair or reconstruction is then allowed by applicable law and all necessary permits and approvals have been obtai.'led and are final and unappealable; 5.9.3. The net proceeds of such insurance (the "Restoration Fund") shall be deposited with Mortgagee, and any interest earned on such deposited funds shall be a part of and follow the Restoration Fund; 5.9.4. At the time of any disbursement from the Restoration Fund, no Event of Default under this Mortgage, the Notes or any other Loan Document shall have occurred or be continuing, no mechanics' or material suppliers' liens shall have been filed and remain undischarged, and a bringdown of title insurance satisfactory to Mortgagee shall be delivered to Mortgagee; 5.9.5. Disbursements from the Restoration Fund shall be made by Mortgagee from time to time in an amount not exceeding the cost of the work completed since the last disbursement, upon receipt by Mortgagee of satisfactory evidence of the stage of completion and of performance of the work in a good and workmanlike manner in accordance with the contracts and plans and specifications. 5.9.6. Mortgagee may retain five percent (5%) of all requests for disbursements from the Restoration Fund as retainage until the restoration is fully completed; 5.9.7. Mortgagee may impose such additional reasonable conditions and requirements with respect to such restoration as are customarily imposed by mortgagees of properties comparable to the Mortgaged Premises; and 5.9.8. If the estimated cost of restoration, as determined by Mortgagee in its sole discretion from time to time, exceeds the net amount of insurance proceeds awarded for the cost of such restoration, the amount of such excess shall be paid promptly (but in no event later than thirty (30) days after notification by Mortgagee) by Mortgagor to Mortgagee to be added to the Restoration Fund. 5.10. With respect to the proceeds of any business interruption insurance carried with respect to the Mortgaged Premises, Mortgagee may retain and apply such proceeds to reduce the indebtedness hereby secured. If Mortgagee receives proceeds of business interruption insurance in excess of those to be applied -11- BOOK1561 PAGdi17 for the current month, and an Event of Default under this Mortgage, the Notes or any other Loan Document has occurred or is continuing, then Mortgagee may retain such additional proceeds in escrow, for the account of Mortgagor, and so apply such proceeds on a monthly basis. However, any such proceeds not needed to be applied to keep Mortgagor current and not in default during the reasonably estimated period of time when the revenues from the operation of the Mortgaged Premises will be inadequate to provide Mortgagor with sufficient funds with which to pay Mortgagee the amounts falling due each month, shall be paid over to Mortgagor. 6. PaYment of Monthlv Installments of Taxes. Insurance. Assessments. etc. Mortgagee may require Mortgagor to pay to Mortgagee monthly payments of 1/12th of the annual real estate taxes, insurance premiums, water and sewer rents and assessments together with the entire amount of any sums due for special assessments, charges or claims and any other item which, at any time, may be or become a lien upon the Mortgaged Premises prior to the lien of this Mortgage. 7. Waste: Maintenance: Alterations: Permits. Mortgagor shall abstain from and shall not permit the co=ission of waste in or about the Mortgaged Premises; shall maintain the Mortgaged Premises in good order and condition and in a rentable and tenantable state of repair; and shall make or cause to be made, as and when necessary, all repairs and replacements, structural and non-structural, exterior and interior, ordinary and extraordinary, foreseen and unforeseen, whether or not the same may be necessary by reason of fire or other casualty and whether or not insurance proceeds are available therefor. Mortgagor shall not remove or demolish the buildings or other improvements now or hereafter erected upon the Real Estate, nor alter the design or structural character of any building or other improvement now or hereafter erected thereon so as to diminish the value thereof, unless Mortgagee shall first consent thereto in writing. Mortgagor shall obtain and cause to be kept in full force and effect all necessary licenses, permits, authorizations, consents, and approvals required by all governmental or quasi-governmental authorities having jurisdiction, including without limitation requisite certificates of use and occupancy, elevator certificates and certificates of the local board of fire underwriters (except to the extent Mortgagor contests any of the same in accordance with Paragraph 2 hereoD. 8. Leases. 8.1. The form and content of any and all leases for all or any part of the Mortgaged Property shall be subject in all respects to the prior written approval of the Mortgagee. - 12 - Bood561 rAGE1118 8.2. Mortgagor shall timely perform all of its obligations under the terms and conditions of any leases and resident contracts (which shall include any and all agreements for the use or occupancy of any portion of the Mortgaged Premises) affecting the Mortgaged Premises and shall not accept rent therefor in advance for a period of more than one (1) month. 8.3. Mortgagor shall not enter into any lease or resident contract for all or any portion of the Mortgaged Premises except on commercially reasonable terms and fair market value rentals. Mortgagor shall, in any event, provide Mortgagee with copies of all leases and amendments, supplements, exhibits and riders thereto either now or hereafter entered into. 8.4. There is no assignment or pledge of any rents, issues and profits of or from the Mortgaged Premises now in effect, and Mortgagor shall not make any other assignment or pledge thereof to anyone other than Mortgagee until the indebtedness secured hereby is fully paid. 8.5. Mortgagor shall provide that all leases entered into after the date hereof which permit any party to occupy, possess, or use in any way the Mortgaged Premises or any part thereof shall include an express prohibition of the storage, treatment or discharge, production, transportation or disposal of any hazardous waste, polycWorinated biphenyls, asbestos or other hazardous substance as defmed by CERCLA, and the failure to comply with such prohibition shall expressly constitute a default under any such leases. 8.6. Upon the request of Mortgagee, Mortgagor shall use its best efforts to deliver to Mortgagee, within fifteen (5) days thereafter, a certificate from each tenant certifying to the basic terms of its lease, that the lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), certifying the dates to which the basic rent and additional rent, if any, have been paid, certifying that the landlord under the lease is not in default thereunder and certifying that the tenant has no defenses, setoffs, claims or counterclaims against the landlord. 9. Declaration of No Set-Off. If requested at any time by Mortgagee, Mortgagor shall promptly (and in any event within ten (0) days after request therefor) furnish Mortgagee or Mortgagee's designee with a Declaration of No Set-Off, in form and substance satisfactory to Mortgagee or any such designee, certifying, in a writing duly acknowledged, the amount of principal, interest and other charges then owing under the Notes, and whether there are any set-offs or defenses against the same, and, if so, the nature thereof. - 13- BOOK 1561 pI.GE1119 , . 10. Inspection. Mortgagee and any persons authorized by Mortgagee shall have the right at any time, upon prior notice to Mortgagor, to enter upon the Mortgaged Premises during normal business hours to inspect and photograph its condition and state of repair and occupancy. In the event environmental contamination or the potential for contamination is discovered, Mortgagee and any persons authorized by Mortgagee shall have the right to undertake environmental testing in order to determine the presence or absence of hazardous, toxic or otherwise polluting substances and to determine whether and to what extent remediation of the property is necessary. 11. Books and Records. Mortgagor will maintain full and complete books of account and other records reflecting the results of its operations (in conjunction with its other operations as well as its operations of the Mortgaged Premises), in accordance with generally accepted accounting principles, and furnish or cause to be furnished to Mortgagee such financial data and other information as Mortgagee shall, from time to time, reasonably request with respect to Mortgagor and the ownership and operation of the Mortgaged Premises, and Mortgagee shall have the right, at reasonable times and upon reasonable notice, to audit Mortgagor's books of account and records. 12. Required Notices. Mortgagor shall notify Mortgagee promptly upon Mortgagor becoming aware of the occurrence of any of the following: (a) a fire or other casualty causing damage to the Mortgaged Premises; (b) receipt of notice of eminent domain proceedings or condemnation of all or any portion of the Real Estate; (c) receipt of notice from any governmental authority relating to the structure, use, operation or occupancy of or otherwise related to or affecting the Mortgaged Premises, including but not limited to any notice relating to environmental or land use regulation laws; (d) substantial change in the occupancy, operation or use of any portion of the Mortgaged Premises; (e) receipt of any notice of the imposition of, or of threatened or actual execution on, any lien on, or security interest in, the Mortgaged Premises; and CD commencement of any litigation or notice of any threat of litigation affecting the Mortgaged Premises, whether or not covered by insurance. 13. Loan Agreement Future Advances. This Mortgage is subject in all respects to the terms and provisions of the Loan Agreement, as now in force and hereafter amended, supplemented or modified, and which is incorporated in this Mortgage by reference. All advances and indebtedness arising and accruing from time to time under the Loan Agreement shall be secured by this Mortgage to the same extent as though the Loan Agreement were fully incorporated in this Mortgage, Under the Loan Agreement, advances of proceeds of the Line of Credit Note may be made from time to time after the date of this Mortgage, but each such advance shall be secured by this Mortgage as if made on the date of this Mortgage. - 14 - 8DUK15S1 rl.l;(1120 14. No Transfer; No Other Liens. 14.1. Without the prior written consent of Mortgagee, Mortgagor shall abstain from and shall not cause or permit any conveyance, transfer or other disposition of title to, or any legal or equitable interest in, the Mortgaged Premises or any part thereof (other than by execution on the Notes or foreclosure under this Mortgage) voluntarily or by operation oflaw, or any agreement to do any of the foregoing (including, but not limited to, any lease or installment sales contract with respect to any or all of the Mortgaged Premises). Any sale, assignment, pledge, encumbrance or transfer to a third party of any interest in the Mortgagor or EAST COAST CUSTOM AUTO, Inc. shall be deemed to violate this prohibition on transfers. 14.2. Mortgagor shall not, without the prior written consent of Mortgagee, create or cause or permit to exist (voluntarily or involuntarily) any lien (other than the lien of this Mortgage and any permitted liens identified in paragraph 1 of the Mortgage), encumbrance or charge on, or security interest in, all or any part of the Mortgaged Premises, except real estate taxes which are not yet due and payable. 14.3. If any lien or encumbrance prohibited under this Paragraph 14 is f:tled or entered, Mortgagor shall have it removed of record within thirty (30) days after it is frled or entered by either paying it, having it bonded in a manner which removes it of record or otherwise having it removed of record. Notwithstanding the foregoing, if Mortgagor in good faith and by appropriate legal action shall contest the validity of any such lien, judgment or other encumbrance, or the amount thereof, and, at the option of Mortgagee, shall have established on its books or by deposit of cash with Mortgagee a reserve for the payment thereof in such amount as Mortgagee may require, and, in the event this Mortgage is subordinate to such lien, judgment or encumbrance, if Mortgagee shall have consented in writing to such action, then Mortgagor shall not be required to have such lien, judgment or other encumbrance removed of record while the reserve is maintained and so long as the contest operates to stay any proceedings which may be instituted to enforce payment or satisfaction of such lien, encumbrance or other judgment and prevent a sale of the Mortgaged Premises to payor satisfy such lien, encumbrance or other judgment, such contest is maintained and prosecuted with diligence, and shall not have been terminated or discontinued adversely to Mortgagor. 14.4. By placing a mortgage, lien or encumbrance of any type, whether voluntary or involuntary, against the Mortgaged Premises, the holder thereof shall be deemed to have agreed, without any further act or documentation being required, that its mortgage, lien, or encumbrance shall be subordinated in lien - 15- BOO! 15Et r"GE1121 , . to any future amendments, consolidations or extensions to this Mortgage (including, without limitation, amendments which increase the interest rate on the Notes or provide for future advances secured by this Mortgage). 14.5. The holder of any subordinate mortgage or other lien, whether or not consented to by Mortgagee, expressly agrees by acceptance of such subordinate mortgage or other lien that it waives and relinquishes any rights which it may have, whether under a legal theory of marshaling of assets or any other theory at law or in equity, to restrain Mortgagee from, or recover damages from Mortgagee as a result of, the exercise by Mortgagee of any of its various remedies hereunder and under any other documents or instruments evidencing or securing the indebtedness secured hereby, in such order and with such timing as Mortgagee shall deem appropriate in its sole and absolute discretion. Mortgagor shall have no right to permit the holder of any subordinate mortgage or other subordinate lien, whether or not consented to by Mortgagee, to terminate any lease of all or a portion of the Mortgaged Premises whether or not such lease is subordinate (whether by law or the terms of such lease or a separate agreement) to the lien of this Mortgage without fIrst obtaining the prior written consent of Mortgagee. The holder of any subordinate mortgage or other subordinate lien shall have no such right, whether by foreclosure of its mortgage or lien or otherwise, to terminate any such lease, whether or not permitted to do so by Mortgagor or as a matter of law, and any such attempt to terminate any such lease shall be ineffective and void without fIrst obtaining the prior written consent of Mortgagee. 14.6. Mortgagee may, at any time or from time to time, renew, extend or increase the amount of this Mortgage, or alter or modify the terms of this Mortgage or the Notes in any way, or waive any of the terms, covenants or conditions hereof or of the Notes in whole or in part and may release any portion ofthe Mortgaged Premises or any other security, and grant such extensions and indulgences in relation to the indebtedness secured hereby as Mortgagee may determine, without the consent of any junior lien or encumbrancer and without any obligation to give notice of any kind thereto and without in any manner affecting the priority or the liens hereof on all or any part of the Mortgaged Premises. 14.7. Any violation of any of the foregoing limitations, at the option of Mortgagee, shall be deemed an Event of Default hereunder. 15. Cure bv Mortg-agee. If Mortgagor at any time (a) fails, after fifteen (15) days' written notice from Mortgagee, to pay any claim, lien or encumbrance which shall be prior to this Mortgage, or to pay when due any tax or assessment or any insurance premium, or (b) fails, after thirty (30) days' written notice from Mortgagee, to keep the Mortgaged Premises in repair, or to replace or restore as - 16 - Bood561 p1.{lE1i22 required hereby, or (c) shall commit or permit waste, or (d) ifthere be commenced any action or proceeding affecting the Mortgaged Premises or the title thereto, Mortgagee, at its option, may pay such claim, lien, encumbrance, tax, assessment or premium, with right of subrogation thereunder, may procure such abstracts or other evidence of title as it deems necessary, may make such repairs, replacements or restorations and take such steps as it deems advisable to prevent or cure such waste, and may appear in any such action therein as Mortgagee deems advisable, and for any of such purposes Mortgagee may advance such sums of money as it deems necessary; provided, however, that any notices sent or grace periods granted to Mortgagor to cure shall not be necessary if in Mortgagee's reasonable judgment it is necessary that Mortgagee take i=ediate action in order to protect the security provided for by this Mortgage. Mortgagor shall pay to Mortgagee immediately upon demand all sums of money advanced by Mortgagee pursuant to this Paragraph 15, together with interest on each advance at the Default Rate set forth in the Notes, and all such sums and interest thereon shall be secured hereby. 16. Retention of Counsel. If Mortgagee retains the services of counsel by reason of an Event of Default hereunder or on account of any matter involving Mortgagor's title to the Mortgaged Premises or the security interest intended to be granted hereby, including, without limitation, condemnation proceedings, bankruptcy proceedings, or proceedings involving defects in title which are not covered by Mortgagee's title insurance policy, all costs of suit and reasonable attorneys' fees shall upon demand therefor forthwith become due and payable by Mortgagor and shall be secured hereby. If Mortgagee shall institute legal proceedings to foreclose this Mortgage or enter judgment on the Notes, Mortgagor shall pay all expenses, including attorneys' fees as herein provided and court costs, of Mortgagee in connection with all such proceedings, whether or not otherwise legally chargeable to Mortgagor, together with interest at the Default Rate as defined in the Notes, until actual payment is made of the full amount due Mortgagee, whether before or after judgment, and all such sums shall be secured hereby. 17. Events of Default. 17.1. Each of the following shall constitute an event of default hereunder (an "Event of Default"): (i) The occurrence of any Event of Default under (and as defmed in) the Notes or any other Loan Document subject to applicable notice and grace period (if any) set forth therein. (ii) The failure of Mortgagor to pay any amount owed hereunder within fifteen (15) days of the date when due and payable. - 17- BooKi561 p~Gd123 (ill) Any event specified in paragraph 14.1 hereof. (iv) The failure of Mortgagor to observe, perform or abide by any non-monetary obligation, covenant, warranty, agreement, condition or provision contained herein, excepting these enumerated in Paragraph 14.1 hereof; orovided, that an Event of Default shall not be deemed to have occurred hereunder because of or with respect to any default or breach by Mortgagor on or of any obligation, covenant, warranty, agreement, condition or provision described in this subparagraph (iv) unless Mortgagee shall have first given Mortgagor written notice of such default or breach, speci:fying the nature and extent thereof, and Mortgagor shall have failed (a) to begin correcting such default or breach within a period of five (5) days after the date of receipt of such notice, and (b) to proceed diligently with efforts to cure the default or breach until it shall be fully cured within no more than thirty (30) days after the date of such notice; provided, further, that if and to the extent such default or breach cannot reasonably be cured within such thirty (30) day period as aforesaid, and if Mortgagor has theretofore diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein may be extended up to a date set by Mortgagee. (v) The occurrence of a default on or breach of any other monetary or non-monetary obligation secured by the Mortgaged Premises or any part thereof. (vi) (1) The commencement by Mortgagor, or any other obligor for the indebtedness secured hereby, of a voluntary case under any Chapter of the Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or the taking by Mortgagor or any such obligor of any equivalent or similar action by filing of a petition or otherwise under any other federal or state law in effect at the time relating to bankruptcy or insolvency; (2) the filing of a petition against Mortgagor or any such obligor under any Chapter of the Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or the filing of a petition seeking any equivalent or similar relief against Mortgagor or any such obligor under any other federal or state law in effect at the time relating to bankruptcy or insolvency, and the failure by Mortgagor or such obligor to secure the discharge of such petition within sixty (60) days from the date offiling; (3) the making by Mortgagor or any such obligor of a general assignment for the benefit of its creditors; (4) the appointment of a receiver, trustee, custodian or similar officer for Mortgagor or any such obligor or for the property of Mortgagor or any such obligor, and the failure by Mortgagor or such obligor to secure the discharge of such receiver, trustee, custodian or similar officer within sixty (60) days from the date of appointment; or (5) the admission in writing by Mortgagor or any such obligor of any inability to pay debts generally as they become due. -18 - BOO~ 1551 pm1124 17.2. If a prior mortgagee or the holder of any junior mortgage or any other lien on the Mortgaged Premises (without hereby implying Mortgagee's consent to any such junior or senior mortgage or lien) institutes foreclosure or other proceedings for the enforcement of its remedies thereunder, or if a default or an Event of Default exists under any other mortgage or lien on the Mortgaged Premises, such shall constitute an Event of Default under this Mortgage. 18. Remedies. 18.1. Upon the occurrence of any Event of Default, the entire unpaid balance of the principal, accrued interest and all other sums secured by the Notes and this Mortgage shall become immediately due and payable, at the option of Mortgagee, without notice or demand. 18.2. When the entire indebtedness shall become due and payable, either because of maturity or because of the occurrence of any Event of Default, or otherwise, then forthwith Mortgagee may, at its option, do any or all of the following: (i) Foreclosure. Institute an action of mortgage foreclosure against the Mortgaged Premises, or take such other action at law or in equity for the enforcement of this Mortgage and realization on the mortgage security or any other security herein or elsewhere provided for, as the law may allow, and may proceed thereon to fmal judgment and execution for the entire amount due by Mortgagor in accordance with the provisions of the Notes and this Mortgage and any other Loan Document, including all sums which may have been advanced by Mortgagee for taxes, water or sewer rents, charges or claims, payments on prior liens, insurance, utilities or repairs to the Mortgaged Premises, all costs of suit, together with interest on any judgment obtained by Mortgagee from and after the date of any sheriffs sale until actual payment is made of the full amount due Mortgagee, and reasonable attorneys' fees; and (ii) Entrv. Enter into possession of the Mortgaged Premises, with or without legal action, and by force if necessary; lease the same; collect all rents and profits therefrom and, after deducting all costs of collection and administration expenses, apply the net rents and profits to the payment of any sums due under any prior lien, taxes, water and sewer rents, charges (including but not limited to agents' compensation and fees and costs of counsel and receivers), claims, insurance premiums and all other carrying charges, and to the maintenance, repair or restoration of the Mortgaged Premises, or on account and in reduction of the principal or interest, or both, hereby secured, in such order and amounts as Mortgagee in Mortgagee's sole discretion may elect. Mortgagee may also, at its - 19 - BOOK 1551 p';GE1125 option, enter upon the Mortgaged Premises for the purpose of making repairs, alterations and improvements necessary to protect or enhance its security interest therein, including the right to undertake environmental testing in order to determine the presence or absence of hazardous, toxic or otherwise polluting substances and to determine whether and to what extent remediation of the property is necessary. FOR THE PURPOSE OF OBTAINING POSSESSION OF THE MORTGAGED PREMISES FOLLOWING ANY DEF AUL T HEREUNDER OR UNDER THE NOTES, MORTGAGOR HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE, AS ATTORNEY FOR MORTGAGOR AND ALL PERSONS CLAIMING UNDER OR THROUGH MORTGAGOR, TO SIGN AN AGREEMENT FOR ENTERING IN ANY COMPETENT COURT AN ACTION IN EJECTMENT FOR POSSESSION OF THE MORTGAGED PREMISES AND TO APPEAR FOR AND CONFESS JUDGMENT AGAINST MORTGAGOR, AND AGAINST ALL PERSONS CLAIMING UNDER OR THROUGH MORTGAGOR, IN FAVOR OF MORTGAGEE, FOR RECOVERY BY MORTGAGEE OF POSSESSION THEREOF, FOR WHICH THIS MORTGAGE OR A COPY HEREOF, VERIFIED BY AFFIDAVIT, SHALL BE SUFFICIENT WARRANT; AND THEREUPON A WRIT OF POSSESSION MAY IMMEDIATELY ISSUE FOR POSSESSION OF THE MORTGAGED PREMISES, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER AND WITHOUT ANY STAY OF EXECUTION. Iffor any reason after such action has been commenced it shall be discontinued or suspended, or possession of the Mortgaged Premises shall remain in or be restored to Mortgagor, Mortgagee shall have the right for the same default or any subsequent default to bring an amicable action in ejectment and confess judgment therein before or after the institution of proceedings to foreclose this Mortgage or to enforce the Notes, or after entry of judgment therein or on the Notes, or after a sheriffs sale or judicial sale or other foreclosure sale of the Mortgaged Premises in which Mortgagee is the successful bidder, it being the understanding of the parties that the authorization to pursue such proceedings for obtaining possession and confession of judgment therein is an essential part of the remedies for enforcement of the Mortgage and shall survive any execution sale to Mortgagee; and (iii) Receivership. Have a receiver appointed to enter into possession of the Mortgaged Premises, collect the rents, issues and profits therefrom and apply the same as the court may direct. Mortgagee shall be entitled to the appointment of a receiver without the necessity of proving either the inadequacy of the security or the insolvency of Mortgagor of any other person who may be legally or equitably liable to pay moneys secured hereby, and Mortgagor and each such person shall be deemed to have waived such proof and to have consented to the appointment of such receiver. Should Mortgagee or any receiver collect rents, issues or profits from the Mortgaged Premises, Mortgagee shall (after payment of all costs and - 20- 800~ 155:1. pI.GEii26 expenses incurred) apply such rents, issues and profits received by it to the indebtedness secured hereby; and such rents, issues and profits shall not be used to cure the default, without the prior written consent of Mortgagee. Mortgagee shall be liable to account only for rents, issues and profits actually received by Mortgagee. 18.3. Upon the occurrence of an Event of Default hereunder, Mortgagee, pursuant to the foregoing remedies, or in addition thereto, (i) shall be entitled to resort to its several securities for the payment of the sums secured hereby in such order and manner as Mortgagee may think fit without impairing Mortgagee's lien in or rights to any of such securities and without affecting the liability of any person, firm or corporation for the sums secured hereby, except to the extent that the indebtedness secured hereby shall have been reduced by the actual monetary consideration, if any, received by Mortgagee from the proceeds of such security; (ii) may, in Mortgagee's sole discretion, release for such consideration, or none, as Mortgagee may require, any portion of the Mortgaged Premises without, as to the remainder of the security, in anywise impairing or affecting the lien of this Mortgage or the priority thereof or improving the position of any subordinate lienholder with respect thereto, except to the extent that the indebtedness secured hereby shall have been reduced by the actual monetary consideration, if any, received by Mortgagee for such release; and/or (ill) may accept the assignment or pledge of any other property in place thereof as Mortgagee may require without being accountable for so doing to any other lien or. In the event of any breach or anticipatory breach by Mortgagor of any of the covenants, agreements, terms or conditions contained in this Mortgage, Mortgagee shall be entitled to enjoin such breach or anticipatory breach and shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise as though other remedies were not provided for in this Mortgage. 18.4. Mortgagee shall have the right, from time to time, to bring an appropriate action to recover any sums required to be paid by Mortgagor under the terms of this Mortgage, as they become due, without regard to whether or not the principal indebtedness or any other sums secured by the Notes and this Mortgage shall be due, and without prejudice to the right of Mortgagee thereafter to bring an action of mortgage foreclosure, or any other action, for any default by Mortgagor existing at the time the earlier action was commenced. 18.5. Any real estate sold pursuant to any writ of execution issued on a judgment obtained by virtue of the Notes or this Mortgage, or pursuant to any other judicial proceedings under the Mortgage, may be sold in one parcel, as an entirety, or in such parcels, and in such manner or order, as Mortgagee, in its sole discretion, may elect. - 21- BooK1561r~GE1127 18.6. If an Event of Default hereunder has occurred or is continuing, Mortgagee shall have the right to set off all or any part of any amount due by Mortgagor to Mortgagee under the Notes, this Mortgage or otherwise, against any indebtedness, liabilities or obligations owing by Mortgagee for any reason and in any capacity to Mortgagor, including any obligation to disburse to Mortgagor or its designee any funds or other property on deposit with or otherwise in the possession, control or custody of Mortgagee. 19. Rights and Remedies Cumulative. 19.1. The rights and remedies of Mortgagee as provided in the Notes, this Mortgage or any other Loan Document, and in the warrants attached thereto or contained therein, shall be cumulative and concurrent, may be pursued separately, successively or together against Mortgagor or against the Mortgaged Premises, or anyone or more or all, at the sole discretion of Mortgagee, and may be exercised as often as occasion therefor shall arise. The failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 19.2. Any failure by Mortgagee to insist upon strict performance by Mortgagor of any such terms and provisions of this Mortgage or of the Notes or of any other Loan Document shall not be deemed to be a waiver of any such terms or provisions, and Mortgagee shall have the right thereafter to insist upon strict performance by Mortgagor of any and all such terms or provisions thereof. 19.3. Neither Mortgagor nor any other person now or hereafter obligated for payment of all or any part of the sums now or hereafter secured by this Mortgage shall be relieved of such obligation by reason of the failure of Mortgagee to comply with any request of Mortgagor or of any other person so obligated to take action to foreclose on this Mortgage or otherwise enforce any provisions of the Mortgage or the Notes or any other Loan Document, or by reason of any agreement or stipulation between any subsequent owner of the Mortgaged Premises and Mortgagee extending the time of payment or modifying the terms of the Mortgage or the Notes without first having obtained the consent of Mortgagor or such other person; and in the latter event Mortgagor and all such other persons shall continue to be liable to make payments according to the terms of any such extension or modification agreement, unless expressly released and discharged in writing by Mortgagee. 19.4. Mortgagee may release, regardless of consideration, any part of the security held for the indebtedness secured by this Mortgage without, as to the remainder of the security, in any way impairing or affecting the lien of this Mortgage or its priority over any subordinate lien. .22 - Bood561 p~GE1128 19.5. For payment of the indebtedness secured hereby, Mortgagee may resort to any other security therefor held by Mortgagee in such order and manner as Mortgagee may elect. 19.6. Except as otherwise permitted by law, the receipt by Mortgagee of any sum from Mortgagor after the date on which Mortgagee elects to accelerate the indebtedness secured hereby by reason of an Event of Default hereunder or under the Notes or any other Loan Document shall not constitute a cure or waiver of such default or a reinstatement of the Notes or Mortgage or such other Loan Document unless Mortgagee expressly agrees, by written notice to Mortgagor, that such payment shall be accepted as a cure or waiver of the default. 20. Possession bv Mortg-ag-ee. If Mortgagee shall take possession ofthe Mortgaged Premises as provided herein, Mortgagee may do all or any of the following (provided that nothing herein contained shall obligate Mortgagee to do any of the same): (a) hold, manage, operate, lease and sublease the Mortgaged Premises to Mortgagor or any other person or persons, on such terms and for such periods of time as Mortgagee may deem proper, and the provisions of any lease or sublease made by Mortgagee pursuant hereto shall be valid and binding upon Mortgagor notwithstanding the fact that Mortgagee's right of possession may terminate or this Mortgage may be satisfied of record prior to the expiration of the term of any such lease; (b) make such alterations, additions, improvements, renovations, repairs and replacements to the Mortgaged Premises as Mortgagee may deem proper; (c) demolish any part or all of the buildings, structures or other improvements on the Real Estate; (d) remodel such buildings, structures or other improvements so as to make them available in whole or in part for any business, dwelling, multiple dwelling or other purposes; and (e) collect the rents, issues and profits arising from the Mortgaged Premises, both past due and thereafter becoming due, and apply the same, in order of priority as Mortgagee may determine, to the payment of all charges and commissions incidental to the collection of rents and the management of the Mortgaged Premises and all other sums or charges required to be paid by Mortgagor hereunder or under the Notes. All moneys advanced by Mortgagee for the purposes aforesaid and not repaid out of the rents collected shall immediately and without demand be repaid by Mortgagor to Mortgagee, together with interest thereon at the Default Rate defined and set forth in the Notes, and shall be added to the principal indebtedness hereby secured. The taking of possession and collection of rents by Mortgagee as aforesaid shall not be construed to be an affirmation of any lease, or any part thereof, and Mortgagee or any other purchaser at any foreclosure sale may terminate any lease either in accordance with its terms or pursuant to its right to do so by virtue of its possession of the Mortgaged Premises. - 23- BooK1561 PAGE1129 21. Waivers. The granting of an extension or extensions of time by Mortgagee with respect to the performance of any provision of this Mortgage on the part of Mortgagor to be performed, ~r the taking of any additional security, or the waiver by Mortgagee or failure by Mortgagee to enforce any provision of this Mortgage or to declare a default with respect thereto, shall not operate as a waiver of any subsequent default or defaults or affect the right of Mortgagee to exercise all rights, powers or remedies set forth herein and therein. 22. Condemnation. 22.1. Mortgagee shall be entitled to receive all sums which have been or may be awarded Mortgagor for the taking or condemnation of the Mortgaged Premises or any part thereof for any public or quasi-public use or purpose, and any sums which may be awarded Mortgagor for damages caused by public works or construction on or near the Mortgaged Premises. All such proceeds and awards are hereby assigned to Mortgagee, and Mortgagor, upon request by Mortgagee, agrees to make, execute and deliver any additional assignments or documents which may be necessary from time to time to enable Mortgagee, as its option, to collect and receive the same. Except as otherwise provided in Paragraph 5.9. hereof, which shall also apply to proceeds of condemnation as well as insurance, Mortgagee shall have the right to retain and apply all such proceeds and awards, as its election, to reduction of the indebtedness secured hereby, in such order of application as Mortgagee in its discretion shall determine, provided that interest shall be payable only on the amount of principal outstanding at any time after application of any such proceeds. 22.2. Ifthe amount of the initial award of damages for the taking or condemnation is insufficient to pay in full the indebtedness secured hereby, with interest and other appropriate charges and other sums secured hereby, Mortgagee shall have the right to prosecute to final determination or settlement an appeal or other appropriate proceedings in the name of Mortgagee or Mortgagor, for which Mortgagee is hereby appointed attorney-in-fact for Mortgagor, which appointment, being for security, is irrevocable. In that event, the expenses of the proceeding, including attorneys' fees as aforesaid, shall be paid first out of the proceeds, and only the excess, if any, paid to Mortgagee shall be credited against the amounts due under this Mortgage. 22.3. Nothing herein shall limit the rights otherwise available to Mortgagee, at law or in equity, including the right to intervene as a party to any condemnation proceeding; and Mortgagee is hereby expressly given the right to intervene as a party to, and otherwise participate in, any such proceeding, to engage counsel on its behalf, and to add the reasonable attorneys' fees of any such counsel to the amounts secured hereby. - 24- BOOK 1551 p.lGEii30 22.4. The rights of Mortgagee under this Paragraph 22 are under and subject to any similar rights of any mortgagee holding a mortgage lien on the Mortgaged premises prior to the lien hereof. 23. Security Alrreement. 23.1. This Mortgage constitutes a security agreement under the Pennsylvania Uniform Co=ercial Code, and Mortgagor hereby grants to Mortgagee a security interest in all the property (and the proceeds thereof) now owned or hereinafter acquired by Mortgagor and included in the Mortgaged Premises which might otherwise be deemed "personal property", as well as a security interest in the proceeds thereof (the "Collateral"). Mortgagor shall execute, deliver, file and reflle any fmancing statements, continuation statements, or other security agreements Mortgagee may require from time to time to confIrm the lien of this Mortgage with respect to the Collateral. Without limiting the generality of the foregoing, Mortgagor hereby irrevocably appoints Mortgagee attorney-in-fact for Mortgagor to execute, deliver and me such continuation statements for and on behalf of Mortgagor, which appointment, being for security, is irrevocable. 23.2. In addition to any other remedies granted in this Mortgage, Mortgagee may, upon the occurrence of an Event of Default, proceed under the Uniform Commercial Code as to all or any part of the Collateral and will have and may exercise, with respect to the Collateral, all rights, remedies and powers of a secured party under the Uniform Co=ercial Code, including, without limitation, the right and power to sell at public or private sale or sales, or otherwise dispose of, lease or utilize the Collateral or any parts thereof in any manner authorized or permitted under the Uniform Commercial Code after default by a debtor, and to apply the proceeds thereof in payment of any costs and expenses and attorney's fees and legal expenses thereby incurred by Mortgagee, and to the payment of indebtedness secured by this Mortgage in such order and manner as Mortgagee may elect. 23.3. Among the rights Mortgagee shall have in the event of such default, and without limitation of the foregoing, Mortgagee may take possession of the Collateral and enter upon any premises where the same may be situated for such purpose without being guilty of trespassing, and to take any action deemed necessary or appropriate or desirable by Mortgagee, at its option, to repair, refurbish or otherwise prepare the Collateral for sale, lease or other use or disposition as herein authorized. 23.4. To the extent permitted by law, Mortgagor expressly waives any notice of sale or other disposition of the Collateral and any other rights or - 25- Bood561 r"GE1131 remedies of a debtor or formalities prescribed by law relative to a sale or disposition of the Collateral or exercise of any other right or remedy of Mortgagee existing after default of Mortgagor hereunder; and to the extent any such notice is required and cannot be waived, Mortgagee agrees that if such notice is mailed, postage prepaid, to Mortgagor at its address provided herein at least ten (10) days before the time of sale or disposition, such notice shall be deemed reasonable and shall fully satisfy any statutory or other requirement for the giving of such notice. Upon the occurrence of an Event of Default, Mortgagee shall have the right, at its option, to transfer at any time to itself or its nominee the Collateral or any part thereof, and to receive the moneys, income, proceeds or benefits attributable or accruing thereto and to hold the same as security for the indebtedness or to apply it to the principal, interest and other amounts owing on any of the indebtedness, in such order and manner as Mortgagee may elect. All rights to marshaling of assets of Mortgagor, including any such right with respect to the Collateral, are hereby waived. 23.5. Mortgagee may require Mortgagor to assemble the Collateral and make it available to Mortgagee at a place to be designated by Mortgagee that is reasonably convenient to both parties. All expenses of retaking, holding, preparing for sale, lease or other use, of disposition, settling, leasing or otherwise using or disposing of the Collateral and the like which are incurred or paid by Mortgagee as authorized or permitted hereunder, including all attorneys' fees, legal expenses and costs, shall be added to the indebtedness secured by this 1mrtgage and Mortgagor shall be liable therefor. 24. Further Assurances. Mortgagor shall execute and deliver such further instruments and perform such further acts as may be reasonably requested by Mortgagee from time to time to confirm the provisions of this Mortgage, the Notes or any other Loan Document, to carry out more effectively the purposes hereof or thereof, or to confIrm the priority of the lien created by this Mortgage on any property, rights or interests encumbered or intended to be encumbered by the lien of this Mortgage or the other Loan Documents securing the Notes. 25. No Offset. All sums payable by Mortgagor herein shall be paid without notice, demand, counterclaim, set-off, deduction or defense, without abatement, suspension, deferment, diminution, or reduction, and the obligations and liabilities of Mortgagor hereunder shall in no way be released, discharged or otherwise affected (except as expressly provided herein) by reason of (a) any damage to or destruction of or any condemnation or similar taking of the Mortgaged Premises or any part thereof; (b) any restriction or prevention of or interference with any use of the Mortgaged Premises or any part thereof; (c) any title defect or encumbrance or any eviction from the Mortgaged Premises or any part thereof by title, paramount or otherwise; (d) any bankruptcy, insolvency, reorganization, composition, adjustment, - 26- Bood561 PAGEii32 ., dissolution, liquidation or other like proceeding relating to Mortgagee, or any action taken with respect to this Mortgage by any trustee or receiver of Mortgagee or by any court in any such proceeding; (e) any claim which Mortgagor has or might have against Mortgagee; or (f) any other occurrences whatsoever, whether or not Mortgagor shall have notice or knowledge of any of the foregoing. Mortgagor waives all rights now and hereafter conferred by statute or otherwise to any abatement, suspension, deferment, diminution or reduction of any sum secured hereby and payable by Mortgagor. 26. Open-End Mortgaee. This is an Open-End Mortgage and shall be entitled to all benefits as such under 42 Pa.C.8.A. &8143 (the "Open-End Mortgage Statute"). (a) If (i) this Mortgage secures a line of credit or other loan facility pursuant to which advances are made from time to time by Mortgagee to Mortgagor, and (ii) Mortgagee receives written notice pursuant to Section 8143(b) of the Open-End Mortgage Statute from a holder of a lien or encumbrance on the Mortgaged Property which is subordinate to the lien of the Mortgage, then and notwithstanding any provision to the contrary contained in the Loan Agreement or any other Loan Document, Mortgagor acknowledges that Mortgagee shall not be responsible to make any further advances to Mortgagor (and Mortgagee is released from all liability for failure to make such advances) if Mortgagee determines in its sole discretion that any such advance requested by Mortgagor could be construed to be an unobligated advance under Section 8143(b) of the Open-End Mortgage Statute. (b) If (i) this Mortgage secures a loan facility the proceeds of which are used to provide funds to pay toward all or part of the cost of completing any erection, construction, alteration or repair of any part of the Mortgaged Property, and (ii) Mortgagee receives written notice pursuant to Section 8143(b) of the Open-End Mortgage Statute from a holder of a mechanic's lien for labor performed or to be performed or materials furnished or to be furnished for the erection, construction, alteration or repair of any part of the Mortgaged Property, then and notwithstanding any provision to the contrary contained in the Loan Agreement or any other Loan Document, Mortgagor agrees that Mortgagee shall not be responsible to make any further advances to Mortgagor (and Mortgagee is released from all liability for failure to make such advances) except advances which Mortgagee determines in its sole discretion are for the sole purpose of paying toward all or part of the cost of completing any erection, construction, alteration or repair of any part of the Mortgaged Property the financing of which, in whole or in part, the Mortgage was given to secure. - 27- Boad551 PhGE1133 (c) If Mortgagor should at any time elect to limit the Indebtedness secured by this Mortgage pursuant to Section B143(c) of the Open-End Mortgage Statute, Mortgagor agrees that notice of such election shall CD not be effective unless and until it is served upon Mortgagee in accordance with the requirements of Section B143(d) of the Open-End Mortgage Statute and fully complies with the requirements for the giving of notices under the Loan Agreement; (ii) automatically release Mortgagee from all obligation to make any further advances under the Loan Agreement or other Loan Documents notwithstanding anything to the contrary contained in such notice, the Loan Agreement or other Loan Documents; (iii) constitute, at the election of Mortgagee, an automatic Event of Default under this Mortgage and the other Loan Documents; and (iv) not be effective to limit Mortgagor's liability for payment and performance of all Indebtedness and Obligations for which Mortgagor is responsible under this Mortgage (including, without limitation, all indemnification agreements) whether such Indebtedness or Obligation arises prior or subsequent to the date of such notice. (d) If Mortgagor sends a written notice to Mortgagee which purports to limit the indebtedness secured by this Mortgage pursuant to Section 8143(c) of the Open-End Mortgage Statute and to release the obligation of the Mortgagee to make any additional advances to Mortgagor, such notice shall be ineffective as to any future advances made: CD to enable completion of any improvements on the Mortgaged Premises for which the loan was originally made; (ii) to pay taxes, assessments, maintenance charges, and insurance premiums; (iii) costs incurred for the protection of the premises or the lien of this Mortgage; (iv) expenses incurred by Mortgagee by reason of the default of the Mortgagor; and (v) any other costs incurred by Mortgagor to protect or preserve the premises. It is the intention of the parties hereto that any such advance made by the Mortgagee after such notice by Mortgagor shall be secured by the lien of this Mortgage on the Mortgaged Premises. 27. Miscellaneous Provisions. 27.1. Mortg-ag-ee as Partv to Litilfation. If Mortgagee shall become a party, as plaintiff or defendant, to any suit or legal proceeding brought by any third party affecting the lien hereby created on the Mortgaged Premises or in any way involving Mortgagee on account of its position as mortgagee under this Mortgage, or as payee under the Notes, Mortgagor shall indemnify, defend, and hold Mortgagee harmless from all liability by reason of such litigation, including reasonable attorneys' fees and expenses incurred by Mortgagee in any such litigation, whether or not any such litigation is prosecuted to judgment. Mortgagor agrees to pay to Mortgagee on demand its costs, expenses and reasonable attorneys' fees as aforesaid in any such suit or proceeding. - 28- BOOK 1561 p/;GEiiJ4 27.2. Stamps or Taxes on Morte:ae:e or Note. Mortgagor agrees to pay the cost of any revenue, tax or other stamps now or hereafter required by law at any time to be affIXed to this Mortgage, or the Notes or any tax directly or indirectly on Mortgagee with respect to the Mortgaged Premises, the value of Mortgagor's equity therein, or the indebtedness evidenced by the Notes or secured by this Mortgage, but excluding any tax on the income of Mortgagee. 27.3. Construction of Terms. The words "Mortgagor" and "Mortgagee", whenever used herein, are intended to and shall be construed to include the respective successors and assigns of Mortgagor and Mortgagee. 27.4. Binding Oblig-ation. All covenants, agreements, authorizations, waivers, releases, rights, representations and warranties contained in this Mortgage made or given by or on behalf of Mortgagor shall be binding upon its successors in title or interest and its and their heirs, executors, administrators, successors and assigns, whether so expressed or not, and all covenants, agreements, authorizations, waivers, releases, rights, representations and warranties contained herein shall inure to the benefit of Mortgagor and Mortgagee and to each of their respective successors and assigns. 27.5. Communications. All communications, notices, requests, and demands required or permitted by this Mortgage or given pursuant to it shall be in writing, whether or not a writing is expressly required hereby, and shall be given by: (i) personal service, (ii) first class U.S. mail, postage prepaid, (iii) overnight delivery service, charges prepaid, or (iv) telecopier, facsimile or other means of electronic transmission if confIrmed promptly by any of the methods specified in clauses (i), (ii), or (iii) of this paragraph to the parties at the following addresses: If to Mortgagor: Vincent Scalavino 2275 Ritner Highway Shippensburg, PAl 725 7 With a copy to: - 29- BOOK 1551 ~kGd1J5 If to Mortgagee: Co=unity Banks, NA 150 Market Square P.O. Box 350 Millersburg, PA 17061 With a copy to: James A. Ulsh, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 F.rarrisburg,PA 17110-0950 or to such other address as either party may designate from time to time by notice to the other in the manner set forth herein. All such notices and co=unications shall be deemed to be have been given or made when delivered by personal service, two (2) days after being deposited in the U.S. mail, or one (1) day after given to an overnight delivery service, or upon confirmation of transmission when sent by telecopy or other means of electronic transmission. 27.6. Covenant Running" with the Land. Any act or agreement to be done or performed by Mortgagor shall be construed as a covenant running with the land and shall be binding upon Mortgagor and its successors and assigns as if they had personally made such agreement. 27.7. Jurisdiction; Service of Process. Mortgagor hereby consents to the jurisdiction of the courts of Pennsylvania and/or the United States District Court for the Middle District of Pennsylvania in any and all actions or proceedings arising hereunder or pursuant hereto, and irrevocably agrees to service of process by certified mail, return receipt requested, to its address set forth herein or such other address as Mortgagor may direct by notice to Mortgagee. 27.8. Caotions. The captions preceding the text of the sections or subsections of this Mortgage are inserted for convenience of reference only and shall not constitute a part ofthis Mortgage, nor shall they in any way affect its meaning, construction or effect. -30- BOOK 1561 PHGE1136 27.9. Partial Invaliditv. The invalidity or unenforceability of a portion of this Mortgage will not affect the validity or enforceability of the remainder hereof. 27.10. Maximum Interest. If Interest under this Mortgage or under the Notes or any other Loan Document should ever be in an amount that would violate any applicable laws against usury, then the interest shall be calculated so that it is the maximum allowed by law and so that it does not violate such laws. If Mortgagee has collected any amounts of interest which would exceed such usury limit, then Mortgagee shall apply the excess collected to reduce the sums borrowed (principal) portion of the amounts due under the Notes. 27.11. Governing Law. This Mortgage shall be governed by and construed in accordance with the laws of the Co=onwealth of Pennsylvania. 27.12. Modifications. Neither this Mortgage nor the Notes nor any other Loan Document shall be modified, amended or otherwise changed except by agreement in writing between Mortgagee and Mortgagor. 28. Receipt of Document. Mortgagor hereby acknowledges receipt of a true and correct copy of the Mortgage at no charge. 29. Defeasance. If Mortgagor shall and does pay to Mortgagee the full principal amount of the indebtedness secured by this Mortgage, together with all interest accrued thereon, and keeps all the other covenants and agreements contained in each of the Loan Documents, all in the manner and at the times set forth in the respective Loan Documents, and if Mortgagor shall also pay all satisfaction costs, including, but not limited to, reasonable attorneys' fees and the cost of recording of a discharge of this Mortgage, then this Mortgage and the estate hereby created, granted, transferred and assigned shall cease and become void. IN WITNESS WHEREOF, Mortgagor has caused this Mortgage to be duly executed and delivered on the date first above written. . <:..~(, <=------. Wi~"~~ --..., . .6E--,*- Witness ---, !!~~i~ ~ ~, VINCENT SCALA VINO M~:E / ,b~;}~/x2 EILEEN SCALA VINO BOOK 15S1. r~GEllJ'7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~(Y)b..n lCLf\ d. . . SS. : On this, the ~day of July, 1999, before me, the undersigned, personally appeared VINCENT SCALA VINO and EILEEN SCALA VINO, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within document and who acknowledged that they executed the foregoing document for the purposes therein contained. . .......::: n~1'''t_~-':~i' ~....\ ,- - ..F '?. ,.. --' ". ..!-. IN WIT}.I"ESS WHEREOF, I hereunto set my hand and oft1qar~ill: ~<o.' .::-.~ ';, uO-iu'ct:. ~~'~:, N Publ":",.,)>" J".<. .. otary lC,-::-: ',::o";\;- .'::.> ~'...' . .... . '. ;":'1 ",yo . My Commission Expires: ~" ;,.' (SEAL) After recording, return to: COMMUNITY BANKS, N.A. Operations Center P.O.BoxR Halifax, PAl 7032 NOTAR!AL SEAL ELo\tNE L ~.,4~~:ES;CC!-<, N()T..:.pY' ?U8UC CARLlS;"E, C:";~}3E~:"A,r"c C(,)U~'HY ; MY COf\Aiv:iSS!(>; EX?~;=;~~S ,}..':Y 4. ;~O:)2 l..___..___ . .__ :192164 _I BOOK 1561 rAGE1138 ALL those two certain tracts ofland situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the centerline ofD.S. Route 11, at the dividing line between lots 4 and 5 on the hereinafter mentioned subdivision plan; thence along said centerline North 51 degrees, 51 minutes, 42 seconds East, 50.00 feet to a point in the centerline of U.S. Route 11; thence along the dividing line between lots 5 and 6 on the said plan South 38 degrees, 08 minutes, 18 seconds East 435.00 feet to a point; thence along same North 51 degrees, 51 minutes, 42 seconds East 350.19 feet to a point; thence along the dividing line between lots 5 and 8 on said plan South 38 degrees, 08 minutes 20 seconds East 1,612.06 feet to a point; thence along lands now ot formerly of Harvey N. Newswanger South 75 degrees, 05 minutes, 20 seconds West 653.13 feet to a point, thence along the dividing line between lots 3 and 5 on said plan North 38 degrees, 08 minutes, 20 seconds West 1,090.99 feet to a point; thence along the dividing line between lots 4 and 5 on said plan North 48 degrees, 25 minutes, 40 seconds East 175.41 feet to a point; thence by the arc of a curve to the right having a radius of 50 feet an arc distance of 45 .05 feet to a point; thence by an arc of a curve to the right having a radius of 25 feet, an arc distance of21.03 feet to a point; thence along the dividing lines between lots 4 and 5 on said plan North 38 degrees. 08 minutes, 18 seconds West 629.10 feet to a point in the centerline of U.S. Route 11, the point and place of BEGINNING. CONTAINING 19.774 acres to the center of the road. BEING further described as lot 5 of the final subdivision plan for Eli M. Dobrinoff, Jr. prepared by Rodney Lee Decker PLS dated August 24, 1987 and recorded in Cumberland County Plan Book 53, Page 145 Tract No.2: BEGINNING at a point in the centerline of U.S. Route II, at the dividing line between lots 5 and 6 on the hereinafter mentioned subdivision plan thence North 51 degrees, 51 minutes, 42 seconds East 546.05 feet to a point; thence along the dividing line between lots 6 and 7 on said plan South 38 degrees, 08 minutes, 18 seconds East 435.00 feet to a point; thence along the dividing line between lots 6 and lots 5 and 7 South 51 degrees, 51 minutes, 42 seconds West 546.05 feet to a steel pin; thence along the dividing line between lots 5 and 6 on said plan North 38 degrees, 08 minutes, 18 seconds West 435.00 feet to the centerline of U.S. Route 11, the point and place of BEGINNING. CONTAINING 5.453 acres to the center of the road. In addition, contains improvements. BEING further described on the final subdivision plan for Eli Dobrinoff, Jr. prepared by Rodney Lee Decker PLS dated August 2, 1994 and recorded in the Cumberland County Plan Book 68, Page 134. The above two tracts being. part of a certain larger tract ofland which Commonwealth National Bank by deed dated August 4,1986 and recorded in Cumberland County Deed Book 32, Volume C, page 695 granted and conveyed unto"Eli"M..D6bliri6ff,'Jr., Grantor herein. "<..'''0':;~.R BEING the same premises which Commonwealth National Bank granted and conveyed unto Eli M. Dobrinoff, Jr., grantor herein, by deed dated August 18, 1986 and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book 32, Volume C, Page 695. gOod5S:!. rhCE1139 1- ., '. July ID, 2003 East Coast Custom Auto Inc. Vincent Scalavino Eileen Scalavino 2275 Ritner Highway Smppensburg,Pa.17257 Dear Mr. And Mrs. Scalavino: Your loans with Community Banks, N.A. are seriously past due as you have fuiIed to pay the scheduled principal and interest payments of the loans outlined below. As a result of this delinquency, demand is hereby made for immediate payment in full of all principal, interest, late charges and any fees associated with the following loans: Account 54023961 Principal lnterest @ 7/10103 Fees (int. accrues at $12.13/diem) $98,408.96 2,834.30 115.00 Account 54023962 Principal Interest @ 7/ID/03 Late fees (int. accrues at $11.58/diem) $43,878.23 1,996.27 504.05 Account 54023960 Principal $461,395.21 Interest @ 7/10103 4,276.20 Late fees 836.44 (int. accrues @$ID1.l3/diem) Total amount due as ofJuly 10, 2003 is $614,244.66. Demand is hereby made for innnediate payment in full of the amounts outlined above. Failure to make this payment could result in the Bank taking immediate action to preserve and protect its rights under the terms of the loan documents. Please contact the undersigned at 909-4459 to make arrangements for the payment of all the outstanding loan amounts. Sincerely, Raymond Granger Vice President Special Assets Ei-hbt ~/J" AB-101 REL # ~.00.00 (BRANCH / /. OPER RG ) LOAN STATUS THURSDAY JUL /0 2003 MEMO FLAG INT-RATE INT YTD INT LS YR EAST COAST CUSTOM DRTE LAST MAINT 05/30/03 CUST-NO 05~02396 DEPT-NO I LORN-NO 5~023961 P-CODE 0 P-BANK 000 1 EFF-DATE <LORN-BRL 98.~08.96 MATURITY 11/30/02 2 TOTL-PMT <PRIN-DUE 98.~08.96 PRID THRU 3 INT-RMT <INT-DUE 2,065.91 PRID TO ~ ESC-RMT <ESC-DUE .00 PRID TO 5 CR/LF-RMT <LC-DUE .00 AS OF TODAY 6 R/H AMT < TOTRL-DUE 100.~7~.87 NEXT DUE 11/30/02 7 LC-RMT <----------------------------------------------------- 8 UNRPPL <NXT-PR-PMT 98.~08.96 AMT-LS-PMT 768.39 9 FEE RMT <NXT-IN-PMT 2.065.91 UNPRID INT 2.065.91 10 POFF-FEE <SCHED-PMT .00 ACCRD-INT 2.83~.3015 ----nn-nn--__nnnn_<INT BILLED .00 DAILY ERRN 12.1326 TOTAL TRRN <PYOFF FEES .00 WRITE-DOWN .00 <ESC-BAL .00 ACCRL-STOP ..STOP.. ~ <R/H-REB .00 OFFICER 030 <CR/LF-REB .00 < MIN ERRN . 00 <PAYOFF 100.589.87 0//21/03 ~.5000 768.39- 5. 1~3.55- PEN/FEE 115.00 ( 102 CUST PROF. 302 CUST INFO. 303 = CUST CODE. 312 = LIRB. 355 P-LINK) (306 = INST STMT. 309 = MEMOS. 305 = RCCT INFO. 313 = COL SCRN) AB-101 REL # ~.00.00 EAST COAST CUSTOM DATE LAST MAINT 11/13/00 CUST-NO 05~02396 DEPT-NO 1 LOAN-NO 5~023960 P-CODE 0 P-BANK 000 I EFF-OATE <LOAN-BAL ~61.395.21 MATURITY 01/30/05 2 TOTL -PMT < PRIN-DUE I . 02~ . 32 PAID THRU OS/29/03 3 INT-AMT <INT-DUE 3,157.88 PAID TO OS/29/03 ~ ESC-AMT <ESC-DUE .00 PAID TO 5 CR/LF-AMT <LC-DUE 836, ~~ AS OF TODAY 6 A/H AMT <TOTAL -DUE 5.0/8. 6~ NEXT DUE 06/29/03 7 LC-AMT <----------------------------------------------------- 8 UNRPPL <NXT-PR-PMT 2,166.78 AMT-LS-PMT 8.36~.~0 9 FEE AMT <NXT-IN-PMT 6.197,62 UNPAID INT ~.27620 10 POFF-FEE <SCHED-PMT~. 182.20 ACCRD-INT 1.118.3157 --------------------------<INT BILLED ,00 DAILY EARN 101.1277 TOTAL TRAN <PYOFF FEES .00 WRITE-DOWN .00 <ESC-BAL .00 ACCRL-STOP ~ <A/H-REB .00 OFFICER <CR/LF-REB ,00 <MIN EARN .00 <PAYOFF ~66.537.85 MEMO FLAG INT-RATE INT YTD INT LS YR 8.0000 15.~19.00- ~ 1,268.90- (BRANCH 1 I, OPER RG ) LOAN STATUS THURSDAY JUL 10 2003 030 PEN/FEE 30.00 ( 102 = CUST PROF. 302 = CUST INFO. 303 = CUST CODE. 312 = LIAB. 355 P-LINK) (306 = INST STMT. 309 = MEMOS. 305 = ACCT INFO, 3/3 = COL SCRN) RB-101 REL # ~.00.00 ERST CORST CUSTOM DRTE LRST MRINT 12/2~/02 CUST-NO 05~02396 DEPT-NO 1 LORN-NO 5~023962 P-CODE 0 P-BRNK 000 1 EFF-DRTE <LORN-BRL ~3.878.23 MRTURITY 01/18/05 2 TOTL-PMT <PRIN-DUE 8,339.32 PRID THRU 01/18/03 3 INT-RMT <INT-DUE 1.7~1 .53 PRID TO 01/18/03 ~ ESC-RMT <ESC-DUE .00 PRID TO 5 CR/LF-RMT <LC-DUE 50~.05 RS OF TODRY 6 R/H RMT <TOTRL-DUE 10.58~.90 NEXT DUE 02/18/03 7 LC-RMT <----------------------------------------------------- 8 UNRPPL <NXT-PR-PMT 10.008./2 RMT-LS-PMT 1 .~3 9 FEE RMT <NXT-IN-PMT 2,088.90 UNPRID INT 1.996.27 10 POFF-FEE <SCHED-PMT 2.016.17 RCCRD-INT 25~.7~0~ --------------------------<INT BILLED 3~7.37 DRILY ERRN 11.5790 TOTRL TRRN <PYOFF FEES .00 WRITE-DOWN .00 <ESC-BRL .00 RCCRL-STOP ..STOP.. 3 <R/H-REB .00 OFFICER 030 <CR/LF-REB .00 <MIN ERRN .00 <PRYOFF ~6.~63.55 MEMO FLRG INT-RRTE INT YTD INT LS YR 9.5000 360.~9- 5.833.37- (8RRNCH 1 I, OPER RG ) LORN STRTUS THURSDRY JUL 10 2003 PEN/FEE 85.00 ( 102 CUST PROF. 302 CUST INFO. 303 CUST CODE. 3/2 = LIRB. 355 P-LINK) (306 = INST STMT. 309 = MEMOS, 305 = RCCT INFO. 313 = COL SCRN) <;;; SENDER: 'U . Complete ftems 1 and/or 2 for additional services. .. -Cornpleteltems 3. 48, and 4b. . .Print your name and addreu 00 the nMlrH of this form so <<hat we can retuni this r& card to you. i -= this form to the front of the mailpece, or on the bac:k If space does not CD -Write -Return R<<:eIpt RIIquestet:r on the rnaJlpiece below the articfe number. = -The Retum Receipt win show to whom the 81IIcIe W8I deIvw8d and the dale c delivered. o i is. ~ " !li 15 ~ Z II: '" Ii; II: ~ ::J o ... .!! (1.1:;-51 3. Article Addressed to: {It"'! ~Ad CIhTOM. Avfo V/foI'u...+ {C~ ( t4VINO 2:2.7'> ((lfNe^-- tI'~I/""*j SH'ff#d(!,VtI..?/ ~ J7JS) I also wish to receive 1I1e lollowlng services (for en extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consutt postmesler for fee. 4a. Article Number 7001 ';>5"10 0003 I'/Vi, '-:57""'- 4b. Service Type ... /" o Registered ~CertJfted o Express Mall 0 Insured o Retum Receipt for Merchandse 0 COD 7. Date of Delivery ri ~ . en is. 1 II: '" ~ ::J . II: '" '" Iii ::J .e " ~ .II '" ~ .. 5. R~?lved By: (Print Name) Vif\C<f.Vlt S:~4"(,^-" 6. Slgnatu~: (Addressse ~t) " X.1~__(1A--LJ-.?'Lc.-/ PSForm 811. Decemb8r1994 102595-97."""79 Domestic Return Receipt 8. Addressee's Address (Only if requested and fee Is peJd) '" ~ EXPLANATION OF RIGHTS - CONFESSION OF mDGMENT 1. On the date hereof, VINCENT SCALA VINO and EILEEN SCALAVINO, his wife, and EAST COAST CUSTOM AUTO, INC., a Pennsylvania business corporation (the "Borrower"), jointly and severally, as Maker executed a Term Note original principal amount of $500,000 and a Line of Credit Demand Note in the principal amount of $100,000 (the "Notes"), both payable to the order of Community Banks, N.A., its successors and assigns ("Connunity") together with interest thereon and all other charges as set forth therein or in any other Loan Document as defined therein. Borrower desires to induce Community to close the Loan to Borrower. Borrower clearly and specifically understands that by signing the Notes, which contains a confession of judgment clause: (a) Borrower authorizes Community to enter a Judgment against Borrower and in Community's favor which will give Conn unity a lien upon any real estate which the Borrower may own; (b) Borrower gives up the right to any notice or opportunity to be heard prior to the entry of such Judgment on the records of the court; (c) Borrower agrees that Community can enter the Judgment after default as defined in the Notes or in any other Loan Document executed by Borrower simultaneously herewith; (d) Borrower subjects Borrower's property, real, personal and mixed, to execution and sheriff's sale, pursuant to the Judgment, prior to proof of non-payment or other default on Borrower's part; (e) Borrower will be unable to challenge the Judgment, should Community enter it except by proceeding to seek relief from or to open or to strike the Judgment, and such a proceeding will result in attorneys' fees and costs which the Borrower will have to pay; (f) Borrower gives up the right to require Community to present a sworn document setting forth in non-conclusory terms the basis for its claim before obtaining a writ of garnishment or a writ of attachment or a writ of execution; (g) Borrower agrees that the writ of garnishment or writ of attachment or writ of execution may be issued without notice and without the necessity of a review and approval by an official vested with requisite discretion; and (h) Borrower gives up the right or opportunity for a prompt hearing after seizure of or execution or levy on the Borrower's property, at which hearing Connunity must demonstrate at least the probable validity of its claim and that Borrower voluntarily, intelligently and knowingiy gave up Borrower's constitutional right to notice and hearing prior to entry of the Judgment. 2. Borrower knows and understands that it is this instrument and the confession of judgment clause in the Notes which gives Connunity the rights and benefits enumerated in subparagraphs (a) through (h) of paragraph 1 above. IF BORROWER DOES NOT SIGN THIS INSTRUMENT AND THE NOTES WHICH CONTAINS fY-hbi ''EJI .' . THE CONFESSION OF JUDGMENT CLAUSE. BORROWER UNDERSTANDS THAT BORROWER WOULD HAVE THE FOLLOWING: (a) the right to have notice and an opportunity to be heard prior to entry of the Judgment; (b) the right to have the burden of proving default rest upon Connunity before Borrower's property can be exposed to levy, attachment, garnishment or execution; (c) the right to avoid the additional expense of attorneys' fees and costs incident to seeking relief from or opening and striking off a judgment; (d) the right to require Community to present a sworn document setting forth in non-conclusory terms the basis of its claim before Connunity obtains a writ of garnishment or a writ of attachment or a writ of execution; (e) the right to condition the issuance of a writ of garnishment or a writ of attachment or a writ of execution on notice and review and approval by an official vested with requisite jurisdiction; (f) the opportunity for or right to a prompt hearing alter seizure of or levy or execution on Borrower's property, at which hearing Community must demonstrate the probable validity of its claim and that Borrower voluntarily, intelligently and knowingly gave up Borrower's constitutional right to notice and hearing prior to entry of Judgment. 3. Fully, completely and knowingly understanding these rights which Borrower has prior to signing the Notes and this instrument and clearly aware that these rights will be giveu up, waived, relinquished and abandoned if Borrower signs the Notes and this instrument, Borrower nevertheless freely and voluntarily chooses to sign the Notes and this instrument, Borrower's intentions being to give up, waive, relinquish and abandon its known rights (as described in paragraph 2 above), and subject itself to the circumstances described in paragraph 1 above. 4. Borrower acknowledges that (a) the Notes and this instrument have been executed in a commercial transaction for business purposes; (b) at all times material hereto Borrower was represented by counsel in connection with the execution of the Notes and every other Loan Document, and in particular the Notes and this instrument; and (c) Borrower reviewed the Notes and this instrument with Borrower's attorney before signing them. 5. Whenever the context of this instrument requires, all terms used in the singular will be construed in the plural and vice versa, and each gender will include each other gender. Dated this 30" day of July, 1999. BORROWER HAS READ THIS ENTIRE FORM. BORROWER FULLY UNDERSTAl"<'DS ITS CONTENTS M'D INTEl'<'DS TO BE LEGALLY BOliN'D HEREBY. BORR~~~ VINcfm SCALA VINO ~~~) ~~~,~d EILEEN SCALA VINO EAST CO.y;).-CUSTOM AUT INC. By: !/~~ VINCENT SCALA VINO, President :192043 _1 COMMUNITY BANKS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. EAST COAST CUSTOM AUTO BODY, INC., VINCENTP. SCALAVINOAND EILEEN P. SCALA VINO, Defendants : CIVIL ACTION - LAW VERIFICATION l, Raymond Granger, Vice President, Special Assets, for Community Banks, being authorized to do so on behalf of Community Banks, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. COMMUNITY BANKS Date: 'Sept. ~ JOG:!; By: ~ it.-~ Ra d cfr~;eIVice President Sp ci I Assets t~fi~ - ~ (;? f~~C> ~~t~ t J n r~ / , COMMUNITY BANKS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03 - J.f~' r C21(.>~C--T~ EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEENP. SCALAVINO, Defendants : CIVIL ACTION - LAW NOTICE OF FILING JUDGMENT ( x ) Notice is hereby given that a judgment by confession in the above-captioned matter has been entered against you in the amount of Five Hundred Seventy-One Thousand Seven Hundred Twenty-Two and 25/100 Dollars ($571,722.25) on 9~ F- It'\ ,2003. ( x ) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. pmf~:!~~2L~ <.,By: ~&J'-" D ~p .'71zrA./W~ If you have any questions regarding this Notice, please contact the filing party: Address: Matthew J. Eshelman, Esquire Saidis, Shuff, Flower & Lindsay 2109 Market Street Camp Hill, P A 17011 Name: Telephone Number: (717) 737-3405 (This Notice is given in accordance with Pa. R.C-P. 236) Notice sent to: Name: Address: East Coast Custom Auto Body, Inc. 2272 Ritner Highway Shippensburg, P A 17257 Vincent P. Scalavino 2275 Ritner Highway Shippensburg, P A 17257 Eileen P. Scalavino 2275 Ritner Highway Shippensburg, P A 17257 COMMUNITY BANKS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 03 - #1..7 (2,;~L '-r~ EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance on behalf of Community Banks, Plaintiff. Papers may be served at the address set forth below. Matthew J. Eshelman, Esquire Supreme Court lO #72655 SAlOIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 Phone: (717) 737-3405 Fax: (717) 737-3407 Respectfully submitted, Date: September 8, 2003 ~IS,tmw F~ ER&LmnSAY Matthew J. Esh~lman, Esquire Supreme Court lO #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff COMMUNITY BANKS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03 - lfil'-7 e/~~L 't~ EAST COAST CUSTOM AUTO BODY, INe., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants : CIVIL ACTION - LAW CERTIFICATE OF ADDRESSES I hereby certif'y that the precise address of Plaintiff, Community Banks, is 6700 Derry Street, Harrisburg, Pennsylvania 17111; and that the last known address of Defendant, East Coast Custom Auto Body, Inc., is 2272 Ritner Highway, Shippensburg, Pennsylvania 17257; and of Defendants Vincent P. Scalavino and Eileen P. Scalavino is 2275 Ritner Highway, Shippensburg, Pennsylvania 17257. Respectfully submitted, Date: September 8, 2003 SAIDIS, SHUF<', 3LOWER & LINDSAY ,n I,,^,-I 1~ By: ) JJAD \ Matthew J. Esh Iman, Esquire ID #72655 2109 Market Street, Camp Hill, P A 170 II (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Community Banks COMMUNITY BANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA vs. NO. 03-4467 CIVIL TERM EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants CNIL ACTION - LAW CONFESSION OF JUDGMENT PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter, (1) directed to the sheriff of Cwnberland County; (2) against East Coast Custom Auto Body, 2272 Ritner Highway, Shippensburg, Pennsylvania 17257, and Vincent P. Scalavino and Eileen P. Sca1avino, 2275 Ritner Highway, Shippensburg, Pennsylvania 17257; Defendants; and (3) against N/ A , Garnishee; (4) and index this writ (a) against N/ A , Defendant, and (b) against N/A , Garnishee, as a lis pendens against real property of the defendant in the name of gamishee as follows: N/ A. (5) Amount Due Interest from August 20, 2003, Costs $ 571,722.25 at $113.2603 per day (to be added) $ (to be added) CERTIFICATION I certify that (a) (b) This praecipe is based upon a judgment entered by confession; and Notice will be served with the Writ of Execution P suantto Rule 2958.3. r r Respet: uf y su ~d: SAIDS, I!iHU 'F, FLb By: \)V\~ i Matthe'w J. Eshe1Irtan, Esquire ill #72655 2109 Market Street, Camp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, Community Banks Date: June 7, 2004 N ~ ~ ~ ~ +- r r---... (.) ~'i -i4..{g, . >- tI) 0 C Q. r:-~ ...... lrt'f] ...... "" ~n ( a ~ ~ l.l .:a - . . ~ .. fI} II) . g cog , I :cJ : ~ ~ p: , 0I:J::t::) ~ '.V[:- 1"-.' c- -, ~=')J ~~ ~ :c. C-'~ ,.', ,-.- C,,) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due COMMUNITY BANKS, Plaintiff (s) NO 03-4467 Civil CIVIL ACTION - LAW From EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $571,722.25 L.L. $.50 Interest FROM 8120/03 AT $113.2603 PER DAY Arty's Comm % Arty Paid $37.00 Plaintiff Paid Date: JUNE 8, 2004 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonotary ,&v: ~fVo- D .P- '7fd.l/~'I"1 r Deputy REQUESTING PARTY: Name MATTHEW J. ESHELMAN, ESQUIRE Address: 2109 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court ID No. 72655 COMMUNITY BANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA vs. NO. 03-4467 CNIL EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants CNIL ACTION - LAW CONFESSlON OF JUDGMENT AFFIDAVIT PURSUANT TO RULE 3129.1 Community Banks, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of the following tract of land together with the buildings and improvements erected thereon located in the Township of South Newton, Cumberland County, Pennsylvania, known as 2272 Ritner Highway. I. Name and address of owners or reputed owners: Vincent P. and Eileen Scalavino 2275 Ritner Highway Shippensburg, P A 17257 2. Name and address of defendants in the judgment: East Coast Custom Auto Body, Inc. 2272 Ritner Highway Shippensburg, P A 17257 Vincent P. Scalavino 2275 Ritner Highway Shippensburg, P A 17257 Eileen P. Scalavino 2275 Ritner Highway Shippensburg, P A 17257 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Citicapital Commercial Corp. 4 Decker Building 250 East Carpenter Freeway Irving, TX 75062 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge has any interest in the property which may be affected by the sale: Cwnberland County Domestic Relations 13 North Hanover Street Carlisle, P A 17013 Cwnberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 I, Matthew J. Eshelman, Esquire, attorney for the Plaintiff, Community Banks, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Respe1t~l1Y s1J Jmitte? SAIIrS, SH~r 'F, WER & LINDSAY , ~ \J "-- Date: June 7, 2004 By: Matthew J. Eshe.man, Esquire Supreme Court Jb #72655 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorneys for Plaintiff, Community Banks ..~. ) , -L'- .--1 -, r::~ ", ~ . COMMUNITY BANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA vs. NO. 03-4467 CIVIL EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: All owners, defendants in the judgment, lienholders of record, and any other interested parties: East Coast Custom Auto Body, Inc. 2272 Ritner Highway Shippensburg, P A 17257 Vincent P. Scalavino 2275 Ritner Highway Shippensburg, P A 17257 Eileen P. Scalavino 2275 Ritner Highway Shippensburg, P A 17257 CitiCapital Commercial Corp. 4 Decker Building 250 East Carpenter Freewau Irving, TX 75062 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, P A 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: September 8, 2004 TIME: 10:00 a.m., prevailing time LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your properties to be sold are the tract of land together with the buildings and improvements erected thereon located in the Township of South Newton, Cumberland County, Pennsylvania, commonly known and numbered known as 2272 Ritner Highway. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Community Banks vs. East Coast Custom Auto Body, Inc., Vincent P. Scalavino and Eileen P. Scalavino, No. 03-4467 in the amount of$571,722.25, plus $113 .2603 per diem, and costs until the Sheriff's Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Vincent P. Scalavino and Eileen Scalavino. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate 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 by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days ofthe date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. 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 TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 the within 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 the within 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, of the within County Courthouse, before a presentation to the Court. Date: June 7, 2004 A copy of the Writ of Execution is attached hereto. Respec ~ilY s111 .itted, S,ru;.... rUfI\)IW,wr UNDSA Y v~t( I.. By: v '(:: \ J V .. Matthew J. Eshelman, Esquire ill #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 \ (fax) 737-3407 Altomeys for Plaintiff, Community Banks LEGAL DESCRIPTION 2272 Ritner Highway Parcel ID: 41-10-0618-007 BEGINNING at a point in the centerline ofD.S. Route] 1, at the dividing line between lots 5 and 6 on the hereinafter mentioned subdivision plan thence North 5] degrees, 5] minutes, 42 seconds East 546.05 feet to a point; thence along the dividing line between lots 6 and 7 on said plan South 38 degrees, 08 minutes, 18 seconds East 435.00 feet to a point; thence along the dividing line between lots 6 and lots 5 and 7 South 51 degrees, 51 minutes, 42 seconds West 546.05 feet to a steel pin; thence along the dividing line between lots 5 and 6 on said plan North 38 degrees, 08 minutes, 18 seconds West 435.00 feet to the centerline ofD.S. Route 11, the point and place of BEGINNING. CONTAINING 5.453 acres to the center of the road. In addition, contains improvements. BEING further described on the [mal subdivision plan for Eli Dobrinoff, Jr. prepared by Rodney Lee Decker PLS dated August 2, 1994 and recorded in the Cumberland County Plan Book 68, Page 134. ElooK15S1 PhGE1139 COMMUNITY BANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 03-4467 CNIL EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants CNIL ACTION - LAW CONFESSION OF JUDGMENT WRIT OF EXECUTION Commonwealth of Pennsylvania County of Cumberland To the Sheriff of Cumberland County: To satisfy the judgment, interest and costs against East Coast Custom Auto Body, Inc. and Vincent P. and Eileen P. Scalavino, Defendants. (1) You are directed to levy upon the property of the Defendants and to sell their interests therein, with specific reference to the real estate at 2272 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania; (2) You are also directed to attach the property of the Defendant not levied upon in the possession of N/ A , as Garnishees, (Specifically describe property) and to notify the garnishee that: (a) an attachment has been issued; (b) the Garnishee is enjoined from paying any debt to or for the account of the Defendant and from delivering any property of the Defendant or otherwise disposing thereof; (3) If property of the Defendant not levied upon and subject to attachment is found in the possession of anyone other than a named Garnishee, you are directed to notify him that he has been added as a Garnishee and is enjoined as above stated. Amount Due: Interest from August 20, 2003, Costs: $ 571,722.25 at $113.2603 per day (to be added) $ (to be added) Seal of the Court: Prothonotary ,., c") , , , tn') n --1-. :::! ....\ , COMMUNITY BANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA vs. NO. 03-4467 CNIL EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants CNIL ACTION - LAW CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON TO: East Coast Custom Auto Body, Inc. Vincent P. Scalavino Eileen P. Scalavino A judgment in the amount of $571,722.25 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a Writ of Execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entIy of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claiin that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entIy of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the Writ of Execution and deliver it to the Sheriff of Cumberland County at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAlT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Date: June 7, 2004 Respec-,fully slLbmitt3l . . SAIDI ~, 'SDJ<{ 'LOWER & LlNDSA Y JA1\"1.X BY:j~/~~ Matthew J. E!s'"1elman, Esqmre ID #72655 2109 Market Street, Camp Hill, P A 170 II (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Community Banks '. . COMMUNITY BANKS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. D3 - '{"It.. 7 C?l~~ C/f:ft..'/ EAST COAST CUSTOM AUTO BODY, INe., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants : CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendants, East Coast Custom Auto Body, Inc., Vincent P. Scalavino and Eileen P. Scalavino, in the above-captioned action are not presently on active or nonactive military status. Respectfully submitted, SAIDIS, SHU?\ . LOWER & LINDSAY I Date: September 8, 2003 BY:) "--- _'--. Matthew J. Eshltlman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Community Banks COMMUNITY BANKS, Plaintiff IN THE COORT OF COMMON PLEAS COMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-4467 CNIL EAST COAST CUSTOM AUTO BODY, INe., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants CNIL ACTION - LAW CONFESSION OF JODGMENT RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) AND NOW, this l7'h day of June, 2004, I, Matthew J. Eshelman, Esquire, of the finn of SAIDIS, SffiJFF, FLOWER & LlNDSA Y, attomeys for Community Banks, Plaintiff, hereby certity that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice to Lienholders Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first dass, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my return address. Copies of these certificates of mailing are attached hereto and marked as Exhibit "A". East Coast Custom Auto Body, Inc. 2272 Ritner Highway Shippensburg, P A 17257 Vincent P. S:calavino 2275 Ritner Highway Shippensburg, P A 17257 Eileen P. Scalavino 2275 Ritner Highway Shippensburg, P A 17257 CitiCapital Commercial Corp. 4 Decker Buiilding 250 East C~penter Freeway Irving, TX 75062 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, P A 17013 OWER & LINDSAY '--- -- Matthew J. Es elman, Esquire ID #72655 2109 Market eet, Camp Hill, P A 170 II (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, Community Banks w ci' 3 '" "" .... ..... J1 cr- 2 . -< (;j- 0 iOn; Q- ~z ~ 0 ",3 m ~ ~~:;. " - " ,3 ~ <0 <0 .. :0-., o 0 o - o "- <' z ~~ ,,~ ,,~ g ~ 031: ,,' " 0 o ~ ~ r::3 Cl '-c? ? " . 3 o "- :n o o o ,. s. '" !3' "0 0- " ~ OJ .. n o 3 " iD ;; c. cr- "< ~ " .. ~ i _~ 0 :J2~.@~tn~--i " .... ._,.... ... 0'< =r ~ 0 (I) ~ g. '"0 (II lD o (J) lD 3.10 o!;!: C" ... lij<ll '" 6. 01'0 =: []:J ::J ~fi ;;;-"& i5"a. !!.@"~~m.,:~ _ a.:j 0 _.1:I::rill "s:~~iiI~'~~ 2. f!1.a-r.n~ ([l ~ g ::::J ;:::: ii? & :::! (f) 0 ::! _~-"'D2&ii9.. "tJ 1lI ~o --if 0; <: g 6. ~~:. ""ft@.. (j)S::(I) mo o'fii N ~ Ii?' ,gill ~ iii" g.~~--!3;m a.6":::,~;,":g-g s::~3g,i6~ ~~:f? ~ ~'g a. ~j[S!.~'_gitg ~g1B3g~!g, 2 ~.8 [~g g. 0""8i2~~g~ <: --'~. g ~ ;'1, ~ _w.:< g .a 0 &llI-o~lhlll ill ai ~ 5 6. g 12 2:~ ~ ~ _.N m ro @-=:iii.;lW3 ~ (~.itj lD ] g .... _. U1 3 Ul :::l g-~.g~.~ ~ ~~O~Ill,m 3 g 0' 3 =t9, f!1, '" ... -.8-*" ;;;9...2 ~g m i6g~-~~~ 2'~ m~:;:! f!1 -Jg Q.1:J m,-' ji5ro 3~ 8 ;J 5. 0 ~ w 51 ro 5'~'~ if2 3 ~~~gg.~- ~m; ::J~ <0 Q. ",".W 5' 3 l[llll:::r-om OIl 5.-8 ~ ~ [ {J 0 :5-'" ::l CD ~g~~@~, _=&1"':<: " o . OJ . . -~ " ~ 01 "'" Co> '" o co Exh' ibit "An <D .... rn 01 "'" [g ;;~Di' .. Co 3 aa: ~0a. o '" 5 o ,. o o . ~ 'P" -...:~ ~~. "1 ~~ ~"c,.~ . ~~ ~ -: ~ ~~~ r~~ ~,~ ~~.......... ....~~,~ ~~' ~ [" ~ ~ tc,. 33-. ~o ~ in DODD" figa~~ gOC<D,.!'? iii (j)iiilD a. Q.ro-< "~ :'to 8. DO D~ ~~ Q'~- ~JJS:c ~ ~ a:) s: Q ::rJJ lIlo.lD(I) _.(1) :J 0 -a. a.!!! O iii"" 0- .. DDJJ() ~ ~~.~ ::r::r(JlO ~;o€": lJt1I CD ""0 o m 0..-0 :4.=S:O ~ ~ @.""Q :J S; ~iii. .. - co. ~;;; E o 0 o 0 < 5" ;J!; ~ ~ Q o 0 o / ;;- / - (,\rq ~ : 1:,;;) ", "';~~ll ,;,,' ,::---;-;'",~ I ~:;cj:::; $i~'ri,~J "",.,,",..,,,j ~ 2:~:?2.~f::~~]1;~1~i 1~ I I.I"-i~~~ . ,,- TJ: (..""1 l~~ ~l ~. I," ';/ c:o Iii ., I . j' f'liJ III t Jl '__~_ )1_,' "'...*~+*---' -~ ~"'*.*Jf-+ \ . ? ,...., 0 -= "-~ --n .-~-. -- .... ,- ::C-ri c:: P'c :"r..:.:. ",r<1 N ebb ,', :,:::'-\ :s "1--0' <~:;=; -'"',. t-;.;-n (..) ~-::\ - <-0 - ..<:. WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG, PA 17201 (7\7) 264-3711 I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMUNITY BANKS, CIVIL DIVISION Plaintiff No. 2003-4467 VS. EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALAVINO and EILEEN P. SCALAVINO, TO THE PROTHONOTARY: Defendants PRAJ:CIP---E-TO STRIKE JUOGMENI Please strike the judgment entered in the above captioned matter in accordance with the attached Order Avoiding Judgment entered September 20, 2004 by the United States Bankruptcy Court for the Middle District of Pennsylv Date: September 23, 2004 . iam C. Cramer Attorney for Defendants 14 North Main Street, Ste. 414 Chambersburg, PA 17201 (717) 264-3711 1.0. No. 22495 '\ \ \. Vincen\: P. Scalavino alkJa East Coast custom Auto Body and Eileen \'! Scalavlno, Debtors/Movants vs. \ Community Banks, \ , \ \ ,.M withlo D'blo" h""lo, "'" a Moll"" to ,,,~ a ludgm""t Ii," dook.t'" to . No. 2003-4467 filed in the Court of Common Pleas of Cumberland County, ! pennoylva",', and after notice and an _"'nily to, , "".", "",eup"o '" P""~" II by ''''''illS HEREBY ORDERED AND DECREED that the ",td i"""meot held by II Comm"oity ..oks, " p"loIm, aod docl<e"d ag,'not D.btors Vio",ot P. ",,"","0, \., East Coast Custom Auto Body and Eileen Scalavino to No. 2003-4467, as filed in the Court of Common Pleas of Cumberland County, Pennsylvania shall be and the same is " \ hereby stricken and the Prothonotary of the Court of Common Pleas of Cumberland County Hhall mark the docket record to show that said judgment is stricken and void. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Case No. 1..03-07227 Chapter 7 Respondent Debtor:; shall pay the filing fees or costs imposed by the Prothonotary of the Court of Common Pleas of Cumberland County, if any, for striking said judgment from the Court recordE;. (7171 2e4~:!I711 FILED f v.dff SC. 20 HARRISBURG PA LLIAM C. CRAMER JlTTOJ'llNItV AI \...AIfII MBEI'lS6URG, PI'. lnOl Date: OJ. \ By the Court, JaI MARY D. FRANCE Mary D. France, Bankruptcy Judge L.._ F"l",,_!-: "C":., p,-:-<r.kn ":'~""~l :~~7':.ll..t r--- ~ (") '"" ~ ~ C.:l ~ ( <:::":':> ~- .~ C'.-:J C') --I C> '-. - 0 w ~ :::g ~ -t' - . ~ --,." o.l 1",,_,1 "- 0:, ~ c,n C,) " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: V3~'f. ) I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby c rtify that the Sheriff's Deed in which Community Banks is the grantee the same having been sold to s id grantee on the 8th day of Sept A.D., 2004, under and by virtue of a writ Execution issued on the 8th ay of June, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Numb r 4467, at the suit of Community Banks against East coast Custom Auto Bod Inc Vincent P Scalavino P & Eileen P. is duly recorded in Sheriff's Deed Book No. 267, Page 1379. IN TESTIMONY WHEREOF, I have hereunto s t my hand ,_Tit seal of said office this.j day of , A.D20~ of Deeds CIIlIoIt.1'iIl 01....... . '. Community Banks In The Court of Common Pleas of VS Cumberland County, Pennsylvania East Coast Custom Auto Body, Inc. and Writ No. 2003-4467 Civil Term Vincent P. Scalavino and Eileen P. Scalavino Kenneth Gosser!, Deputy Sheriff, who being duly sworn according to law, sta s that on June 29, 2004 at 8:10 o'clock PM, he served a true copy of the within Real Es ate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Vincent P. Scalavino and Eileen P. Scalavino, by making known unto Vanessa Scalavino, adult daughter of Vincent and Eileen Scalavi 0, at 2275 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania, its conte ts and at the same time handing to her personally the said true and correct copy of the s e. Kenneth Gosser!, Deputy Sheriff, who being duly sworn according to law, sta s that on June 30, 2004 at 2:15 o'clock PM, he served a true copy of the within Real Es ate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: East Coast Custom Auto Body, Inc., by making kno unto Vincent Scalavino, owner, at 519 South Hanover Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally th said true and correct copy of the same. Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that n July 14, 2004 at 1:54 o'clock P.M., he posted a true copy of the within Real Estate Wit, Notice, Poster and Description, in the above entitled action, upon the property of East Coast Custom Auto Body, Inc., Vincent P. Scalavino and Eileen P. Scalavino located t 2272 Ritner Highway, Shippensburg, 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 name defendant, to wit: East Coast Custom Auto Body, Inc., by regular mail to their last known address of2272 Ritner Highway, Shippensburg, PA 17257. This letter was mailed under the date of July 13, 2004 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 name defendants, to wit: Vincent P. Scalavino and Eileen P. Scalavino, by regular mail to t eir last known address of2275 Ritner Highway, Shippensburg, P A 17257. These letters were mailed under the date of July 13, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 08, 2004 at 10:00 o'clock A.M. He sold the sam for the sum of $1.00 to Attorney Matthew J. Eshelman for Community Banks. It bein the highest bid and best price received for the same, Community Banks of 6700 Derry Street, Harrisburg, P A 17111, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $792.93. .J '. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $ $30.00 15.55 15.00 15.00 30.00 10.00 .50 1.00 22.07 15.00 40.00 232.85 270.97 30.49 25.00 39.50 792.93 Sworn and subscribed to before me So Answers: '" /l ..,,/ JA' This ;) i,~ day of ~~ ~~..".....~ ,r"f~ 1 I . . R. Thomas Kline, Sheriff 2005,A.D.~ J.~ {2 ~<J,~ / ~ ' rothonotary BY \ 0 ~ Real Estate eputy trV ,0' {> " 1.0 ~,r' or' '-I ~ 5'9" J . /5'19(:.9 COMMUNITY BANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL ANlA vs. NO. 03-4467 CNIL EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEENP. SCALAVINO, Defendants CNlL ACTION - LAW CONFESSION OF JUDGMENT AFFIDA VlT PURSUANT TO RULE 3129.1 Community Banks, Plaintiff in the above action, sets forth as of the date the Praecipe Writ of Execution was filed the following information concerning the real property consist g of the following tract of land together with the buildings and improvements erected thereon lac ed in the Township of South Newton, Cumberland County, Pennsylvania., known as 2272 'tner Highway. 1. Name and address of owners or reputed owners: Vincent P. and Eileen Scalavino 2275 Ritner Highway Shippensburg, P A 17257 2. Name and address of defendants in the judgment: East Coast Custom Auto Body, Inc. 2272 Ritner Highway Shippensburg, PA 17257 Vincent P. Scalavino 2275 Ritner Highway Shippensburg, P A 17257 Eileen P. Scalavino 2275 Ritner Highway Shippensburg, P A 17257 3. Name and address of every judgment creditor (other than the Plaintiff herein) wh se judgment is a record lien on the real property to be sold: Citicapital Commercial Corp. 4 Decker Building 250 East Carpenter Freeway Irving, TX 75062 4. Name and address of the last recorded holder (other than the Plaintiff herein) of ev mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the prope and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge h any interest in the property which may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 1, Matthew J. Eshelman, Esquire, attorney for the Plaintiff, Community Banks, veri that the statements made in this affidavit are true and correct to the best of my personal knowl dge, information and belief. I understand that false statements herein are made subject to the pen ties of l8 Pa. C.S. section 4904 relating to unswom falsification to authorities. Date: June 7,2004 SAl By: Matthew J. Esh' Supreme Court #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff, Community Banks COMMUNITY BANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV vs. NO. 03-4467 CIVIL EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEENP. SCALAVINO, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT WRIT OF EXECUTION NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment ag inst you. It may cause your property to be held or taken to pay the judgment. You may have I gal rights to prevent your property from being taken. A lawyer can advise you more specificall of these rights. lf you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may h ve other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out e attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to t e Sheriff's Office at the address noted. You should come to court ready to explain your exemption. If you do not come to co and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D NOT HA VB A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELO . THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABL TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 COMMUNITY BANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL vs. NO. 03-4467 CNIL EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEENP. SCALAVINO, Defendants CNIL ACTION - LAW CONFESSION OF JUDGMENT WRIT OF EXECUTION Commonwealth of Pennsylvania County of Cumberland To the Sheriff of Cumberland County: To satisfy the judgment, interest and costs against East Coast Custom Auto Body, c. and Vincent P. and Eileen P. Scalavino, Defendants. (I) You are directed to levy upon the property of the Defendants and to sell t eir interests therein, with specific reference to the real estate at 2272 Ritner High ay, Shippensburg, Cumberland County, Pennsylvania; (2) You are also directed to attach the property of the Defendant not levied upo the possession of NI A , as Garnishees, S ecific describe propertv) and to notifY the garnishee that: (a) an attachment has been issued; (b) the Garnishee is enjoined from paying any debt to or for the account oft e Defendant and from delivering any property of the Defendant or otherwi e disposing thereof; (3) If property of the Defendant not levied upon and subject to attachment is found the possession of anyone other than a named Garnishee, you are directed to notify him that has been added as a Garnishee and is enjoined as above stated. Amount Due: Interest from August 20, 2003, Costs: $ 571,722.25 at $113.2603 per day (to be added) $ (to be added) Seal of the Court: Prothonotary - .' MAJOR EXEMPTIONS UNDER PENNSYL VANIA AND FEDERAL LAW 1. $300 statutory exemption. 2. Bibles, school books, sewing machines, uniforms and equipment. 3, Most wages and unemployment compensation. 4, Social Security benefits. 5. Certain retirement funds and accounts. 6. Certain veteran and armed forces benefits. 7. Certain insurance proceeds. 8. Such other exemptions as may be provided by law. COMMUNITY BANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V l'Jl A vs. NO. 03-4467 CNIL EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VlNO AND EILEENP. SCALAVINO, Defendants CNIL ACTION - LAW CONFESSION OF JUDGMENT CLAIM FOR EXEMPTION To the Sheriff: I, the above-named Defendant, claim exemption of property from levy or attachment: (I) From my personal property in my possession which has been levied upon, (a) 1 desire that my $300 statutory exemption be: (i) set aside in kind (specify property to be set aside in kind): (ii) paid in cash following the sale ofthe property levied upon; or (b) I claim the following exemption (specify property and basis of exemption): (2) From my property which is in the possession of a third party, r claim the following exemptions: (a) my $300 statutory exemption: _ in cash; _ in kind (specify propert) to be set aside in kind): ; (b) Social Security benefits on deposit in the amount of$ (c) Other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hear ng should be given to me at: (Address) (Telephone Numbe) . .' I verify that the statements made in this Claim for Exemption are true and corr t. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: , Defend t THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: ONE COURTHOUSE SQUARE, CARLISLE, P A 17013 . COMMUNITY BANKS, Plaintiff LN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV vs. NO. 03-4467 CNIL EAST COAST CUSTOM AUTO BODY, LNC., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants CNlL ACTION - LAW CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CML PROCEDURE 3129.2 TO: All owners, defendants in the judgment, lienholders of record, and any other int ested parties: East Coast Custom Auto Body, Inc. 2272 Ritner Highway Shippensburg, P A 17257 Vincent P. Scalavino 2275 Ritner Highway Shippensburg, P A 17257 Eileen P. Scalavino 2275 Ritner Highway Shippensburg, P A 17257 CitiCapital Commercial Corp. 4 Decker Building 250 East Carpenter Freewau Irving, TX 75062 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, P A 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: September 8, 2004 TIME: 10:00 a.m., prevailing time LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania THE PROPERTY TO BE SOLD is delineated in detail in a legal description m 'nly consisting of a statement of the measured boundaries of the property, together with a brief me tion of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within Co ty to open the judgment if you have a meritorious defense against the person or company that has ntered judgment against you. You may also file a petition with the same Court if you are aware of 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 eas of the within County to set aside the sale for a grossly inadequate price or for other proper caus . 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 pr eding paragraphs must be presented to the Court of Common Pleas of the within County. The etition must be served on the attorney for the creditor or on the creditor before presentation to th 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, of the within County Courthouse, before a present on to the Court. A copy of the Writ of Execution is attached hereto. S Date: June 7, 2004 By: Matthew J. Eshelm , Esquire ill #72655 2109 Market Street, amp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 Attomeys for Plaintiff, Community Banks LEGAL DESCRIPTION 2272 Ritner Highway Parcel ID: 41-10-0618-007 BEGINNING at a point in the centerline of U.S. Route]], at the dividing line between lots 5 an 6 on the hereinafter mentioned subdivision plan thence North 5] degrees, 5] minutes, 42 seconds Ea 546.05 feet to a point; thence along the dividing line between lots 6 and 7 on said plan South 38 degrees 08 minutes, 18 seconds East 435.00 feet to a point; thence along the dividing line between lots 6 an lots 5 and 7 South 5] degrees, 5] minutes, 42 seconds West 546.05 feet to a steel pin; thence along the dividing line between lots 5 and 6 on said plan North 38 degrees, 08 minutes, 18 seconds West 4 5.00 feet to the centerline of U.S. Route 1], the point and place of BEGINNING. CONTAINING 5.453 acres to the center of the road. In addition, contains improvements. BEING further described on the fmal subdivision plan for Eli Dobrinoff, Ir. prepared by Rodney ee Decker PLS dated August 2, 1994 and recorded in the Cumberland County Plan Book 68, Page I 4. sood5S1 r';Gr1139 COMMUNITY BANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV vs. NO. 03-4467 CIVIL EAST COAST CUSTOM AUTO BODY, INe., VINCENT P. SCALA VINO AND EILEENP. SCALAVINO, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT WRIT OF EXECUTION Commonwealth of Pennsylvania County of Cumberland To the Sheriff of Cumberland County: To satisfy the judgment, interest and costs against East Coast Custom Auto Body, Inc. and Vincent P. and Eileen P. Scalavino, Defendants. (1) You are directed to levy upon the property of the Defendants and to sell heir interests therein, with specific reference to the real estate at 2272 Ritner High ay, Shippensburg, Cumberland County, Pennsylvania; (2) You are also directed to attach the property of the Defendant not levied up in the possession of N/ A , as Garnishees, S ecifi all describe property) and to notify the garnishee that: (a) an attachment has been issued; (b) the Garnishee is enjoined from paying any debt to or for the account 0 the Defendant and from delivering any property of the Defendant or othe Ise disposing thereof; (3) lfproperty of the Defendant not levied upon and subject to attachment is foun In the possession of anyone other than a named Garnishee, you are directed to notify him tha he has been added as a Garnishee and is enjoined as above stated. Amount Due: Interest from August 20, 2003, Costs: $ 571,722.25 at $113.2603 per day (to be added) $ (to be added) Seal of the Court: Prothonotary .' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-4467 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMUNITY BANKS, Plaintiff (s) From EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALAVINO AND EILEE P. SCALA VINO (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 fr paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt (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 himlher that he/she has been added as garnishee and is enjoined as above stated. Amount Due $571,722.25 Interest FROM 8/20/03 AT $1I3.2603 PER DAY LL $.50 Atty's Comm % Atty Paid $37.00 PlaintitTPaid Date: JUNE 8, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name MATTHEW J. ESHELMAN, ESQUIRE Address: 2109 MARKET STREET CAMP HILL, PA 1701I Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court ID No. 72655 Real Estate Sale #55 On June 16, 2004 the Sherifflevied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, P A Known and numbered as 2272 Ritner Highway, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 16, 2004 By:J~d..JS~ Real Estate Deputy H '1\11" Hld ~,(\ ',11,_1 f) to ,. ..J 6 \lnr ,,, "f~;l J ,Uk'".' ,'.' jO )\-\c _' " J'J ~"IJ;' ..:ll\l' """ ~ ~ ~ ~ REAL ESTATE SALE No. 55 . Writ No; 2003-4,467 CIvil Term Commilnlty Banks . Vs , East Coast Custom Auto Body. Inc.. Vincent P. Scelavfno and Eileen P..Scelsvlno ,.. AllY: Mstthew Eshelman DESCRIPTION. .... BBGlNNINGOt.apqintinthec~nti,rIine of U. S. 'Roule.11. iIt tbC.di~idlng fine between lots 5 iUld 6 on the hereinafter mentioned sub-division . plan thence,NQllh 51de-grees,5tminutes, 42 seconds Easl54M5 feet lQa point; lhencealong lbe dividlng linebelWeen 10116 and} 011 said plan Soulb 38 de~, .08 minules, 18 seconds East ' 435.00 feet .m a point; lhenct a101!g the dividing fine belWeen 101> 6 iUldlots 5 ana7Soulb5l Degms, 51 minutes, 42 seconds West ::/::.~lJi~;Jnceon~pt: NQllh 38 degrees, 08 minutes. 18 seconds West 435.00 feet to lbi _line of U.S. Roule II, the point and place of BEGINNING. CONTAINlNG 5.453 acres ~lbeCenlerof the road. In addition, contains improvements. BEING further described on lbe. final subdivision pliUI for Eli Dobrinoff, Jr. prepw:ed by Rodoey Lee Decker PLS dated August 2, 1994 and recorded in the Cum-berland County Plan Book 68, Page 134.' . PROPERTY ADDRESS: 2272 Ritner Highway. Soulb Newton 1bwnship. PorcellO: 41.10-0618-007 -------- REAL ESTATE SALE NO. 55 Wrtt No. 2003-4467 Civil Community Banks VB. East Coast Custom Auto Body, Inc.. Vincent P. Scalavino and Eileen P. Scalavino Atty.. Matthew Eshelman LEGAL DESCRIPTION 2272 RItner Highway Parcel ID: 41-10-0618-007 South Newton Township BEGINNING at a point in the centerline of U.S. Route 11, at the dividing line between lots 5 and 6 on the hereinafter mentioned sub- division plan thence North 51 de- grees. 51 minutes, 42 seconds East 546.05 feet to a point; thence along the dividing line between lots 6 and 7 on said plan South 38 degrees, 08 minutes. 18 seconds East 435- .00 feet to a point: thence along the dividing line between lots 6 and lots 5 and 7 South 51 degrees, 51 min- utes, 42 seconds West 546.05 feet to a steel pin; thence along the di- viding line between lots 5 and 6 on said plan North 38 degrees, 08 min. utes, 18 seconds West 435.00 feet to the centerline of U.S. Route 11, the point and place of BEGINNING. CONTAINING 5.453 acres to the center of the road. In addition, con- tains improvements. BEING further described on the final subdivision plan for Eli Dobri- noff. Jr. prepared by Rodney Lee Decker PLS dated August 2, 1994 and recorded in the Cumberland County Plan Book 68, Page 134. Book 1561 Page 1139. , COMMUNITY BANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-4467 CIVIL EAST COAST CUSTOM AUTO BODY, INe., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT NOTICE TO DEFEND To the Respondent(s): You have been sued in court. The petition set forth in the following pages requests the court to determine the amount which should be credited against imy liability you may have to the petitioner as a result of the purchase by the petitioner at an execution sale of the real property described in the petition. If you wish to defend against the petition, you must take action within twenty (20) days after this petition and notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the matters set forth in the petition. 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 claim or relief requested by the petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. lF 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 MAYBE 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 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 COMMUNITY BANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-4467 CIVIL EAST COAST CUSTOM AUTO BODY, INC., VINCENT P. SCALA VINO AND EILEEN P. SCALA VINO, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT PETITION UNDER SECTION 8103(a) TO FIX FAIR MARKET VALUE OF REAL PROPERTY SOLD Community Banks, Petitioner in the above-captioned action, brings this Petition under 42 Pa. C.S. Section 8103 to fix the fair market value of real property purchased by the Petitioner as judgment creditor at an execution sale, through Saidis, Shuff, Flower & Lindsay, P.C., and in support thereof avers the following: I. The name and address of the judgment creditor is the Petitioner, Community Banks, with a principal regional office located at 1001 Sharp Avenue, Ephrata, P'~nnsylvania 17552. 2. The name and last known address of each Respondent is as follows: East Coast Custom Auto Body, Inc. (hereinafter "East Coast"), a Pennsylvania business corporation, which has a registered address of 2272 Ritner Highway, Shippensburg, Pennsylvania 17257, and Vincent P. Scalavino and Eileen P. Scalavino (hereinafter "the Scalavinos"), who reside at 2275 Ritner Highway, Shippensburg, Pennsylvania 17257. 3. This Petition is filed pursuant to Section 8103(a) of the Judicial Code. 4. Both the original judgment and the execution proceedings were maintained at Docket Number 03-4467 0 f the Civil Term of the Court of Common Pleas of Cumberland County, Pennsylvania. There was no transfer of judgment. 5. The property in question was struck down to the judgment creditor on September 8, 2004, and the Sheriff's Deed was delivered January 25, 2005. A true and correct copy of the Sheriff's Deed is attached hereto as Exhibit "A" and incorporated herein by reference. 6. The Property consists of that certain tract of land together with the buildings and improvements erected thereon located in South Newton Township, Cumberland County, Pennsylvania, known as 2272 Ritner Highway, ParcellD No. 41-10-0618-007 (the "Property"), a full and accurate description of which is included in the Sheriff's Deed attached hereto as Exhibit "A" and incorporated herein by reference. 7. It is believed, and therefore averred, that the fair market value of the Property IS $500,000.00. 8. Petitioner is requesting credit of $9,939.40 for the following prior lien amounts: a. Sheriff's Costs and Poundage $ 792.93 b. Taxes i. ll. 111. Tax Claim Bureau 2004 - 2005 Corporate Taxes $ 53,845.48 $ 19,006.38 $ 7,645.08 $ 27,194.02 TOTAL $54,638..11 9. The Petitioner is a non-consumer judgment creditor. 10. The Petitioner is NOT requesting a special allocation pursumt to Section 8103(f). WHEREFORE, the Petitioner, Community Banks, hereby requests that the Court fix the fair market value of the real property as the value set forth in the petition, i.e., $500,000.00; and that the Court determine any prior lien amounts and any special allo'~ation as set forth above in this Petition, i.e., $54,638.41 and none, respectively. Respectfully submitted, Date: :/xlos 18:R & LINDSAY By: , Matthew J. Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Community Banks ~~L\~ L Tax Parcel No. 41-10-0618-007 R/1A::r)..,. .~ .....,l..;./',( ,.. "",__ ;),<...... . I. .:':'1~"/ -n !,," ,'.r,~"'- ...\3 Nt.(. 'I.-~......l~"jr:.n ,:.';'=" DEEO~ Know all Men by these Presents iiin'" ".. -uuJ J;uv 25 Af? 8 31 That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (9ne Dollar), to me in hand paid, do hereby grant and convey to Communitv Banks REAL ESTATE SALE No. 55 Writ No. 2003-4467 Civil Term Community Banks Vs East Coast Custom Auto Body, Inc., Vincent P. Scalavlno and Eileen P.Scala,'lno Atty: Matthew Eshelman DESCRIPTION BEGINNING at a point in the centerline of U. S. Route 11, at the dividing line between lots 5 and 6 on the hereinafter mentioned sub-division plan thence North 51 degrees, 51 minutes, 42 seconds East 546.05 feet to . point; thence along the dividing line between lots 6 and 7 on said plan South 38 degrees" 08 minutes, 18 seconds East 435.00 feet to a point; thence along the dividing line between lots 6 and lots 5 and 7 South 51 Degrees. 51 minutes, 42 seconds West 546.05 feet to a steei pin; thence along the dividing line between lots 5 and 6 on said plan North 38 degrees, 08 minutes, 18 seconds West 435.00 reet to tbe centerline of U.S. Route 11, the point and piace of BEGINNING. CONTAINING 5.453 acres to the center of the road. In addition, contains improvements. BEING further described on the final subdivision plan for Eli Dobrinoff, Jr. prepared by Rodney Lee Decker PLS dated August 2, 1994 and recorded in the Cumberland County Plan Book 68, Page 134. PROPERTY ADDRESS: 2272 Ritner Highway. South Newton Township. ParcelID: 41-10-0618-007 BOOK 267 PAGEi379 The same having been sold by me to the said grantee on the ~:th day of Seotember Anno Domini Two Thousand and Four (2004) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 8th .day of June Anno Domini 2004 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and:I!:!lli (2003) Number 44~iZ at the suit of Communitv Banks against East Coast Custom Auto Bodv. Inc.. Vincent P. Sca1avino and Eileen P. Sca1avino. BOOK 267 PAGE1380 " In Witness Whereof, I have hereunto affixed my signature this21 st day of January Anno Domini Two Thousand and Five (2005) Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowl(~dged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this llllday of Jan . Anno Domini Two Thousand and Five (2005) prg~1 NOTARIALS PR01HONOTARY, NOTARY PUBUC CARLISlE CUMBERlAND COUNlY COURT HOUSE /I'( COMMISSION EXPIRES JANUARY 2, 2006 ere y ce I at e reSI ence And Post Office address of the Within Grantee is 6700 Del~rv Street Harrisburl!:. PA 17111 ~~~ Solid or I Certif-y this to be recorded In Cumberland County P A . . /l I __-"" ':t... .~; '~'.. ~~ r- /"~...+'-,...- . . Ii' , . ;'... . . Recorder of Deeds 600K 267 ptr1381 Community Banks In The Court of Common Pleas of VS Cumberland County, Pennsylvania East Coast Custom Auto Body, Inc. and Writ No. 2003-4467 Civil Term Vincent P. Scalavino and Eileen P. Scalavino Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2004 at 8:10 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above t:ntitled action, upon the within named defendants, to wit: Vincent P. Scalavino and Eileen P. Scalavino, by making known unto Vanessa Scalavino, adult daughter of V incent and Eileen Scalavino, at 2275 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true ;md correct copy ofthe same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2004 at 2:15 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: East Coast Custom Auto Body, Inc., by making known unto Vincent Scalavino, owner, at 519 South Hanover Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ron Kerr, Deputy Sheriff, who being duly sworn acc:ording to law, states that on July 14, 2004 at I :54 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 East Coast Custom Auto Body, Inc., Vincent P. Scalavino and Eileen P. Scalavino located at 2272 Ritner Highway, Shippensburg, 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: East Coast Custom Auto Body, Inc., by r'~gular mail to their last known address of 2272 Ritner Highway, Shippensburg, PA 17257. This letter was mailed under the date of July 13,2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn acc:ording to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Vincent P. Scalavino and Eileen P. Scalavino, by regular mail to their last known address of2275 Ritner Highway, Shippensburg, PA 17257. These letters were mailed under the date of July 13, 2004 and never returlled to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn ac(;ording to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 08,2004 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Matthew J. Eshelman for Community Banks. It being the highest bid and best price received for the same, Commlmity Banks of 6700 Derry Street, Harrisburg, P A 17111, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $792.93. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $ $30.00 15.55 15.00 15.00 30.00 10.00 .50 1.00 22.07 15.00 40.00 232.85 270.97 30.49 25.00 39.50 792.93 Sworn and subscribed to before me This _ day of 2005, A.D. Prothonotary .~fo!~~~ R. Thomas Kline, Sheriff BY " ffl-t"! 1 1/~11A lR Rea~,uty REAL ESTATE SALE #55 ATTORNEY Matthew Eshehnm Advance Costs: $2,000.00 Assessed Valuation: 511,730.00 Writ No. 2003-4467 Civil Term Community Banks VS East Coast Custom Auto Body, Inc., Vincent P. Scalavillo and Eileen P. Scalavino 2272 Ritner Highway Shippensburg, P A 17257 Real Debt: Interest Attorney writ costs $571,722.25 see writ 37.00 Sheriff's Costs: Docketing Poundage Posting Bills . Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of bills Distribution of proceeds Sheriff's deed 30.00 15.00 15.00 30.00 10.00 .50 LOO 2207 15..00 40.00 232.85 270.97 30.49 25.00 39.50 Tax Claim Bureau 19,006.38 Current Taxes 7,645.08 Pennsylvania Dept. of Revenue (Corporation Taxes) 27,194.02 W of <!tUlllbe ~~'~,:~ 1'/~qd' AUG 2 1 Z004- RONNY R. ANDERSON Chief Oeputy R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF JODY S. SMITH Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 August 26, 2004 }~ bV 1~'1 ,~~~.G\0 j\:t~ . ., , I I~^ V .. ~c~tlJO I '" . ~ lIJ CO;; I }~!, [,'/ Ir,; J~'tv .J Dear Attorney Eshelman, Enclosed you will find cost sheets pertaining to each Sheriff s Real Estate Sale that your office has listed for September 8, 2004 in Cumberland County. Please be advised that if property is sold back to mortgagor for costs, it is not the Sheriff's Office policy to collect delinquent taxes or outstanding liens (these costs are listed at the bottom of the cost sheet). ,1- i If you have any questions, please contact me at 717-240-6399 or jsmith@ccpa.net. \-)1 L. ) ! O~ I' Sincerely, JoeLl Sw0bi, Jody s-fuith Real Estate Deputy 7~~ :i.:.r' ~ .-'\ ~4' .h"\i':~ (..": "-. , f'''' <.." ~.::.; c. ~."...) .>-