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HomeMy WebLinkAbout07-6202CENTRIC BANK, N.A., formerly : IN THE COURT OF COMMON PLEAS VARTAN NATIONAL BANK : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 6"1 ? ?o o? ? C. f t? ? ?_ l STANISLAW Z. SUDOL and MALGORZATA SUDOL IN MORTGAGE FORECLOSURE Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (2o) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 i-8oo-99o-91o6 FOREMAN & FO MAN, P.C. By B c or an, Esquire Attorney ID #21193 `- 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 Bruce Foreman Foreman & Foreman, P.C. 112 Market St., 61h Floor Harrisburg PA 17101 (717) 236-9391 (717) 236-6602 (fax) bruce0foreman-foreman.com Attorney for Plaintiff CENTRIC BANK, N.A., formerly IN THE COURT OF COMMON PLEAS VARTAN NATIONAL BANK CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. STANISLAW Z. SUDOL and MALGORZATA SUDOL IN MORTGAGE FORECLOSURE Defendants COMPLAINT AND NOW comes the Plaintiff, Centric Bank, formerly Vartan National Bank, by and through its attorneys, Bruce D. Foreman and Foreman & Foreman, P.C. and avers as follows: 1. Plaintiff, CENTRIC BANK N.A., formerly VARTAN NATIONAL BANK, is a federally chartered bank with principal offices located at 3601 Vartan Way, Harrisburg, Pa 17110. 2. Defendants, STANISLAW Z. SUDOL and MALGORZATA SUDOL, are adult individuals, husband and wife, and reside at 931 Willcliff Drive, Mechanicsburg, PA 17055• 3. A Mortgage dated October 20, 2005, was executed by each and both Defendants, as mortgagors, and by Plaintiff as Mortgagee, in the principal sum of Sixty Thousand and oo/loo ($60,000.00) Dollars. A true and correct copy of the said Mortgage is attached hereto labeled Exhibit "A", and made a part hereof. 4. The said Mortgage has not been assigned. 5. The said Mortgage was for a business purpose. 6. The said Mortgage, Exhibit "A" hereto, was recorded in the Office of the Recorder of Deeds of Cumberland County on or about, October 28, 2005 at Record Book 1928, Page 3288 et seq. 7. The land subject to the Mortgage is known and numbered as 931 Willcliff Drive, Mechanicsburg, Cumberland County Pennsylvania, 17055, also known as Cumberland County Tax parcel 10-17-1035-072, more particularly described in Exhibit "A" to the aforesaid Mortgage, attached hereto as a part of Exhibit "A" and made a part hereof. 8. Defendants are the real owners of the land secured by the said Mortgage. 9. The Mortgage is in default because of Defendants' failure to make payments due May 7, 2007 and all monthly payments due thereafter (including payments due June 7, 2007; July 7, 2007; August 7, 2007; September 7, 2007; and October 7, 2007). 10. As set forth in the terms of the Mortgage, the Mortgagee is entitled to reasonable attorney fees incurred if the Mortgagor institutes suit to enforce the mortgage. 11. Reasonable attorney fees in this case are demanded in the amount of $6130.28 through the date hereof. 12. The following amounts are now due on the mortgage: Principal balance $60,901.88 Interest through 10/10/07 607.78 Late charges 30.01 Attorney's fee/commission 6,130.28 Court Costs 173.00 $67842.95 Plus interest from October 10, 2007 at the rate of $ 12.66 per day, late charges from October 10, 2007, and all court costs or fees expanded or reasonably incurred after the filing of this complaint. 13. In accordance with the provisions of the Act of January 31,1974, P.L.13, No. 6 § 403 (41 P.S. 403) a Notice of Intent to Foreclose Mortgage, dated September 12, 2007, was forwarded to Defendants by certified mail, return receipt requested. A true and correct copy of the said notice, labeled Exhibit "B", is attached hereto and made a part hereof. 14. Despite repeated demands, Defendant(s) have not cured the said default. Wherefore, Plaintiff demands judgment in Mortgage Foreclosure against the mortgaged property in the amount of $67,842.95 plus interest from October 10, 2007 at the rate of $12.66 per day, additional court costs and fees expanded or reasonably incurred after October 10, 2007. Dated: October LIZ 2007 Respectfully submitted, FOREMAN FOREMAN, P.C. Bruce D. Foreman Attorney for Plaintiff Foreman & Foreman, P.C. 112 Market Street, 6th Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 bruce0foreman-foreman.com CENTRIC BANK, N.A., formerly IN THE COURT OF COMMON PLEAS VARTAN NATIONAL BANK CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. . NO. STANISLAW Z. SUDOL and MALGORZATA SUDOL : IN MORTGAGE FORECLOSURE Defendants VERIFICATION I, Doris Ney, Senior Vice President on behalf of Centric Bank, formerly Vartan National Bank, verify that the information set forth in the foregoing document is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: October /02 , 2007 )a )&, DORIS NEY 0 EXHIBIT "A" V) Parcel Identification Number: RECORDATION REQUESTED BY: Vartan National Bank Progress Office 3601 Vartan Way Harrisburg, PA 17110 I WHEN RECORDED MAIL TO: Vartan National Bank Progress Office 3601 Vartan way Harrisburg, PA 17110 SEND TAX NOTICES TO: Stanislaw Z. Sudol Malgorzata Sudol 931 Willcliff Drive r? _-0 =- rn _ 4r Y= OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES Amount Secured Hereby: $60,000.00 THIS MORTGAGE dated October 20, 2005, is made and executed between Stan' whose address is 931 Willcliff Drive, Mechanicsburg, PA 17055 and Malgorzata Sudol, address is 931 Willcliff Drive, Mechanicsburg, PA 17055 (slaw Z. Sudol, Vartan National Bank, whose address is 3601 Vartan Way (,referred to below as "GrantorWhand below as "Lender"). Harrisburg, PA 17110 (referred to GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the' following real property, together with all existing or subsequently erected or affixed buildings, improvements andtransfers, re lanes, streets, lanes, alleys, passages, and ways; all easem, all ng described and appurtenances thereunto belonging o eats, anywise rights oaf way ppurtenant hereafter, and the reversions fixtures; all made remainders with respect thereto; all water, water rights, watercourses and ditch rights) including stock es, tenements, ditch or irrigation rights); and all other rights, royalties, and profits and limitation all minerals, oil, gas, geothermal and similar matters, relatin u utilities with County, Commonwealth of Pennsylvania: (the "Real Pro ert real property, including without p Y") located in Cumberland See Attached 17055. The Real Property or its address is commonly known as 931 Willcliff Drive' fl/I CROSS-COLLATERALIZATION. In addition to the Credit Agreement, this Mortgage secures echanns, debts and liabilities, plus interest thereon, of Borrower to Lender, or any one or more of them, as well as all claims against Borrower or any one or more of them, whether now existing or hereafter arising, all obligations, debts and the purpose of the Credit Agreement, whether voluntary or otherwise, whether due or not due, direct Lender determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower reGrantor unrelated to liable individually or jointly with others, whether obligated as guarantor, surety, accommodation part or t or i ndirect, whether recovery upon such amounts may be or hereafter ma may be whether the obligation to repay such amounts ma y become barred b statute y of otherwise, herwise, and limitations and is required to give notice of the right to cancel under Truth in Lending in connection with any additional I extensions of credit and other liabilities or obligations ofr Grantor t become otherwise unenforceable. If the Lender additional loans or obligations unless and until such notice is given. Lender, then this oans, Mortgage shall not secure REVOLVING LINE OF CREDIT. This Mortgage secures the Indebtedness including, credit, which obligates Lender to make advances to Borrower unless Borrower fails to comply with all the term Credit Agreement. without limitation, a revolving line of s of the "K 9 2 0`3 Loan No: 6157085 MORTGAGE (Continued) Page 2 Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: () this is execut at Borrower's request and not at the request of Lender; (b) Grantor has the full power,aright, anndraguthority to enterdinto this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower shall pay to Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all Borrower's and Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. 19 2 C81 PC, ?2 9 MORTGAGE Loan No: 6157085 (Continued) Page 3 Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with equal value. Improvements of at least Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds $5,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will-not be cancelled or diminished without a minimum of thirty (30) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 MORTGAGE Loan No: 6157085 (Continued) Page 4 days after notice is given by Lender that the Property is located in a special flood hazard area, for the maximum amount of your credit line and the full unpaid principal balance of any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds $5,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the Credit Agreement's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full. BK 19,f =SF-3329 1 MORTGAGE Loan No: 6157085 (Continued) Page 5 EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness, a to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS agreement are a part of this Mortgage: The following provisions relating to this Mortgage as a security Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. BK 19 e ru 9 2 MORTGAGE Loan No: 6157085 (Continued) Page 6 FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Credit Agreement, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, terminates the credit line account, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution or termination of Borrower's or Grantor's existence as a going business, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. BKi928P 0293 MORTGAGE Loan No: 6157085 (Continued) Page 7 Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided U0.1 Q MORTGAGE Loan No: 6157085 (Continued) Page 8 above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Credit Agreement or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waive any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or Borrower and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, et. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. PROTECTION OF LENDER'S SECURITY. If Borrower(s) fails to perform according to the terms of the covenants and agreements contained in the Commercial Security Agreement and/or the Mortgage(s), or if any proceeding is commenced which affects the property or title thereto, or the interest of the Bank therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then the Bank at the Bank's option may make such appearances, disburse such sums, and take such action as the Bank deems necessary in its sole discretion, to protect the Bank's interest, including, but not limited to, disbursement of attorney's fees, entry upon the property and/or any collateral to make repairs, and procurement of satisfactory insurance. Any amounts disbursed by the Bank pursuant to this paragraph shall become additional indebtedness of the Borrower secured by the Commercial Security Agreement and/or Mortgages(s) attached to that collateral. Unless Borrower and the Bank agree to other terms of payment, such accounts shall be immediately due and payable and shall bear interest from that date at the rate stated in the Note unless collection from the Borrower at such rate would be contrary to applicable law, in which event, such amount shall bear interest at the highest rate which may be collected from the Borrower under applicable law. Borrower(s) hereby covenant and agree that the Bank shall be subrogated to the lien of any mortgage or other lien discharged, and in whole or in part, by the indebtedness secured hereby. Nothing MORTGAGE Loan No: 6157085 (Continued) Page 9 contained in this paragraph shall require the bank to incur any expense to take any action hereunder. CERTIFICATION AND AGREEMENT FOR CONTINUING PERFECTION AND COMPLIANCE. Whereas, the undersigned has applied to Vartan National Bank (the "Bank") for a certian loan and/or financial accommodations and Whereas, the Bank has agreed to make the aforesaid loan, but only upon the conditions contained in the Commitment Letter (hereinafter called the "Loan Agreement"), and Whereas the undersigned deem(s) it in (their) best interest to obtain the aforesaid loan, Now therefore, in consideration of these premises and other good and valuable consideration, it is agreed as follows: 1) The undersigned will perform any and all steps requested by the Bank to: (a) create and maintain in the Bank's favor a valid lien and security interest in the collateral to be pledged to Bank pursuant to the terms of the Loan Agreement, including, but without limitation, the execution, delivery, filing and/or recording of promissory notes, guarantees, mortgages, security agreements, fianancing statements, continuation statements and the like, necessary in the opinion of Bank's counsel to effectuate the terms of the Loan Agreement, (b) execute and deliver any other documents necessary, in the opinion of the Bank's counsel, to complete, perfect and continue, but not to modify or change the terms of the Loan Agreement, and (c) the undersigned Borrower agrees, in consideration of VARTAN NATIONAL BANK, the Lender disbursing funds for the closing of a loan on Borrower if requested by the Lender or any party acting on behalf of the Lender, to fully cooperate and adjust for clerical errors, any and all closing documentation deemed necessary or desirable in the reasonable discretion of Lender to enable Lender or to ensure enforceability of the loan if dept in lender's own portfolio. The undersigned Borrower agrees to comply with all the above noted requests by Lender within 30 days from the date of mailing said request by the Lender. The Borrower agrees to assume all costs, including, by way of illustration and not limitation, actual expenses, legal fees and marketing losses for failing to comply with lender's requests in the above noted time period. The undersigned Borrower does hereby agree and covenant in order to assure that loan documentation exuecuted this day will conform and be acceptable in the marketplace in the instance of transfer, sale or conveyance by Lender of its interest in and to said loan documentation. 2) The undersigned agrees that terms, provisions and conditions set forth in the Loan Agreement, to the extent that same are not contained in the final documents or have not been fully complied with by the time of the disbursement of loan proceeds to the undersigned by the Bank, shall survive the closing of the loan. 3) The undersigned further agrees to provide the Bank with and/or certifies to the Bank (a) since the date of the application for the loan which is being closed concurrently with the delivery hereof ("Closing") there has been no unremedied adverse change in the financial or any other condition of the Borrower or any of the undersigned, (b) the undersigned received a true and complete copy of each document or other instrument signed in the connection with the closing, (c) all taxes of the Borrower and undersigned are current and all future taxes will be paid when due. 4) The undersigned acknowledges and agrees that failure to comply with the terms and conditions contained herein, or to furnish the Bank with proof thereof upon Bank's request, shall constitute an act of default under the mortgage and/or security agreement executed by the undersigned in connection with this loan transaction, which default shall entitle Bank to any and all remedies, including the accerlation of the unpaid balance of the loan, set forth in the said mortgage and/or security agreement. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Borrower and Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or GK 19 2 S 4? '32 9 Co b MORTGAGE Loan No: 6157085 (Continued) Page 10 any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means CadMasters Group, Inc. and includes all co-signers and co-makers signing the Credit Agreement and all their successors and assigns. Credit Agreement. The words "Credit Agreement" mean the credit agreement dated October 20, 2005, with credit limit of $60,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Credit Agreement is October 20, 2010. NOTICE TO GRANTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word "Grantor" means Stanislaw Z. Sudol and Malgorzata Sudol. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Credit Agreement. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, 32- cil SKI 9Z, PG 0 -4-2 -1 U MORTGAGE Loan No: 6157085 (Continued) Page 11 mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to the date of this Mortgage. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Mortgage. Lender. The word "Lender" means. Vartan National Bank, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X? J?Lt? ??__; {Seal) Stanislaw Z. Sudol X ?A/? - (Seal) Malgorzata &dol CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Vartan National Bank, herein is as follows: Progress Office, 3601 Vartan Way, Harrisburg, PA 17110 r Agent for Mortgagee BK 19 r+ a C_ J_j MORTGAGE Loan No: 6157085 (Continued) Page 12 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF tL ?j j -41 ) On this, the day of Orb r 20 0 S before me 'I'1 Yl t ?' P r the undersigned Notary Public, personally appeared Stanislaw Z. Sudol and Malgorzata Sudol, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. 11 r Notary Public in and for the State of 10J L4 I k )('4 YN ?4 LASER PRO L-dinS. Var. 5.29.00.002 C.P,. HMeM R-6.1 Solu,;.- Inc. 1997. 2005. All Righn Remme , - PA C:IPROSUITEICFIILPLIGO3.FC TR-298 PR-39 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Diann S. Miller, Notary Public nn Twp , Dauphin County Ay ommisetri Expires Aug. 3, 2005 Member, Pennsylvania Association of Notaries 329' f DLI B I all. T40 tant trad a :Oi __ ew ht14aibo: am, a?D' s therwn.= d, • *t- a point en tbP_=QthOm 'rIqbt of my of U%Ucliff" Drtv,sead pow.- being 3omted a 6istarim P1.2$1.43 fed.- Bast p the -Nash right of- vay aim of 'Shi?t DHr vi B m. at thff'&VI&ng b?:-7p lb-, 58: and SO. 55; Vw= by tr' saga- -am ri? c& 3e- of: 16 fi ?nciue y a i ati? to the right boring a =a ims ?f i 4& m ze& and an di*a2m of 124-64 fem. %0 a. P0#4 #Ci3 ? ?' ?s eame,. -So h ?? ? 00 ?. t6 m=mda 3Ai. $. ? cr. 30, i feet Ur a ?cint at the t3i- : 3itae b m lot No.- $` :ard Idt -do. 3$; t#ffe:by, said 8 atidiitg Sc i 93 S 00 Oedomls- We?tr a digt -of. 143.00 feet. -to s t at thcz d'i- &n6.3.im p. 'fit- an'. 59 imd Lat ft- f,1; #bt . by. raid cliv,iding Lim) t-h. tt7 .. des Odd mlxm ems-atto xwm ?s-lim.tty Wt I, a cleft a ' o.,f 3O--'is get i?:aaj&nt-at U-m add- ing liic'? -+t No.- Sp Gi']{i -bi 59: .?y, i'+gnm * said &vidin lixwp -Nqq#X. 31 -mss 40 MUMW 15 -sods. fast,. a 4iwt?Mm of- 145- feat - to s qtr the -pike. LIE AIM. Certify this to be recorded -11, Cumberland County 's `'=` ,eCorder of Deeds 9 2 303 P, EXHIBIT "B" 10/10/2007 14:58 7176577748 CENTRIC BANK PAGE 04/06 CEN'T'RIC BAND We rcyolvc arnund ycrn. September 12, 2007 STANISLAW Z. SUDOL MALGORZATA, SUDOL CADMASTERS GROUP, INC. 931 WILLCLTFF DRIVE MECI TANICSBURG PA. 17055 RE, DELINQUENT CENTRIC BANK (FORMALLY VARIAN NATIONAL BANK) LOAN ACCOUNT NUMBER 6157085 TO: STANISLAW Z. AND MALGORZATA SUDOL NOTICE OF INTENTION TO FORECLOSE MORTGAGE The mortgage of Centric Bank (hereinafter we, us or ours) on your property located at, 931 WILLCLIFF DRIVE, MECHANICSBURG PA 17055, is IN DEFAULT because you have not made the FULL, MAY 7, 2007, JUNE 7, 2007, JULY7, 2007 AUGUST 7, 2007 AND SEPTEMBER 7, 2007 payments. The total amount now required to cure this default, as of the date of this letter is $2,963.54. You may cure this default within thirty (30) days of the date of this letter by paying to us the above amount of. $2,963.54 plus any additional monthly payments and late charges which may fall due during the period. Such payment must be made either by cash, cashier's check, certified check or money order and made at CENTRIC BANK. If you do not cure the default within thirty (30) days, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within thirty (30) days, we also intend to instruct our attorneys to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off, the mortgage debt. 3601 Vartan Way Harrisburg, .PA 17110 T 717.657.7727 P 717.057.774,8 www.centricbank.com 10/10/2007 14:58 7176577748 CENTRIC BANK PAGE 05/06 CENTRIC BANK We rorolve aj,ou11d ycm. If we refer your case to our attorneys, but you cure the default before tbcy begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, of the principal owed. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. We may also sue you personally for the unpaid principal balance, and all other sums due under the mortgage, If you have not cured the default within the thirty-day period and. the foreclosure proceedings have begun, you have the right to cure the default and prevent the sale oat any time up to one hour before the sherifrs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). A notice of the date of the sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer, you wait. You will find out any time exactly what the required payment will be by calling us at 717 909- 8308 and asking for Mrs. O'Hara. This payment must be made in cash, cashier's check, certified check or money order and made payable to us at the address stated on this letterhead. You should realize that a sheriff s sale will end your ownership of the mortgaged property and your right to remain in it. If you remain in the property after the sheriff's sale, a lawsuit could be started to evict you, You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISIFED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON-EXISTENCE OF A DEFAULT OR 340.1 Vartan Way Harrisburg, PA 17110 T 717.657.7727 F 717,657.774.4 www.ccntricbink.com 10/10/2007 14:58 7176577748 CENTRIC BANK PAGE 06/06 CENTRIC BANK We rcvalva a,rnund you. ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION OR FORECLOSURE. If you cure the default, the mortgage will be restored to the same position as if no default had occurred; however, you are not entitled to this right to cure your default more than three times in any calendar year, Sincerely, 01KIA4 6 d" Connie O'Hara Collections Manager 3601 Vartan Wgy Harrisburg, PA 17110 T 717.657.7727 P 717.657.7748 www, cen.t.ri cba n k. com 0 Bruce D. Foreman, Esquire Foreman & Foreman, P.C. Attorney for Plaintiff ID#21193 112 Market Street, Sixth Floor Harrisburg, PA 17101 (717) 236-9391 - phone (717) 236-6602 - fax bruceaforeman-foreman com CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK Plaintiff V. STANISLAW Z. SUDOL and MALGORZATASUDOL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA al- W02 NO. 996206- IN MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default in the amount of Sixty Thousand and 00/100 ($60,000.00) Dollars, plus cost of court and interest from C a3, 2007, in favor of the Plaintiff, CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK, and against the Defendants, STAINISLAW Z. SUDOL and MALGORZATA SUDOL, jointly and severally by default for failure to plead within the time by Rule of Court, after proper notice to each Defendant. Respectfully submitted, FOREMAN & FOREMAN, P.C. By: Bruce D. Foreman, Esquire Attorney ID # 21193 112 Market Street, 6th Floor Harrisburg, Pennsylvania 17101 (717) 236-9391 Attorney for Plaintiff Dated: December Lj,?. 2007 Bruce D. Foreman, Esquire Foreman & Foreman, P.C. Attorney for Plaintiff ID#21193 112 Market Street, Sixth Floor Harrisburg, PA 17101 (717) 236-9391 - phone (717) 236-6602 - fax bruce(aforeman-fore man. com CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-.206 Q STANISLAW Z. SUDOL and MALGORZATA SUDOL Defendants TO THE PROTHONOTARY: IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Bruce D. Foreman, Esquire, of the law firm of FOREMAN & FOREMAN, do hereby certify that on the day of December, 2007, I served the attached notice pursuant to Pa.R.C.P No. 237.1(a)(2) upon the following defendants in this matter: Stainislaw Z. Sudol Malgorzata Sudol 931 Willcliff Drive 931 Willcliff Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Respectfully submitted, FOREMAN & FOREMAN, P.C. BrucgfD. Foreman, Nquire Attorney ID # 21193 112 Market Street, 6`h Floor Harrisburg, Pennsylvania 17101 (717) 236-9391 Attorney for Plaintiff CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK Plaintiff V. STANISLAW Z. SUDOL and MALGORZATA SUDOL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-626G' & IN MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Malgorzata Sudol 931 Willcliff Drive Mechanicsburg, PA 17055 DATE OF NOTICE: December 5, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9106 FOREMAN & FORWgN, P.C. By / v BRU E D. FOR MAN, ESQUIRE 112 Market Street, Sixth Floor Harrisburg, PA 17101 (717)'236-9391 ID #21193 Attorneys for Plaintiff CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK Plaintiff V. STANISLAW Z. SUDOL and MALGORZATA SUDOL Defendants TO: Malgorzata Sudol 931 Willcliff Drive Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 074R'If6 4o' O ?- IN MORTGAGE FORECLOSURE NOTICIA IMPORTANTE LA FECHA DE NOTICA: el 5 de Decembre de 2007 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS CON RESPETO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE EL DINERO SUFICIENTE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9106 FOREMAN & FORFVAN, P.C. By v BRUCE D. FO MAN, ESQUIRE 112 Market Street, Sixth Floor Harrisburg, PA 17101 (717) 236-9391 ID #21193 Attorneys for Plaintiff CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK Plaintiff V. STANISLAW Z. SUDOL and MALGORZATA SUDOL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ?o D NO. 07-6M IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Personally appeared before me, a Notary Public in and for said Commonwealth and County, BRUCE D. FOREMAN, ESQUIRE, who, being duly sworn according to law, deposes and says that: On December 5, 2007, I forwarded by mail, a 10-Day Notice to Defendant Malgorzata Sudol at 931 Willcliff Drive, Mechanicsburg. PA 17055. BRUCE D. FOREMAN, ESQUIRE Sworn to and subscribed before me this day of 2007. Notary Public My Commission Expires: CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK Plaintiff V. STANISLAW Z. SUDOL and MALGORZATA SUDOL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.07-6 06 & ?-6 -1- : IN MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Stanislaw Z. Sudol 931 Willcliff Drive Mechanicsburg, PA 17055 DATE OF NOTICE: December 5, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9106 FOREMAN & FOREMAN, P.C. By - BR CE . FOREMAN, ESQUIRE 1 12 Market Street, Sixth Floor Harrisburg, PA 17101 (717) 236-9391 ID #21193 Attorneys for Plaintiff CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK Plaintiff V. FANISLAW Z. SUDOL and ?.!ALGORZATA SUDOL Defendants Stanislaw Z. Sudol 931 Willcliff Drive Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-62-86 !v IN MORTGAGE FORECLOSURE NOTICIA IMPORTANTE A FECHA DE NOTICA: el 5 de Decembre de 2007 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN 'OMAR MEDIDAS REQUERIDAS CON RESPETO A ESTE CASO. SI USTED NO ACTUA 'DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN ALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA 'ERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA 'vOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE EL 71NERO SUFICIENTE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME ? LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA ,\YUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-500-990-9106 FOREMAN & FOREaN, P.C. By Ad- BRUCE D. FOREMAN, ESQUIRE 112 Market Street, Sixth Floor Harrisburg, PA 17101 (717) 236-9391 ID #21193 Attorneys for Plaintiff CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK Plaintiff V. STANISLAW Z. SUDOL and MALGORZATA SUDOL Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-62,K 6.6 - 1-IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Personally appeared before me, a Notary Public in and for said Commonwealth and County, BRUCE D. FOREMAN, ESQUIRE, who, being duly sworn according to law, deposes and says that: On December 5, 2007, I forwarded by mail, a 10-Day Notice to Defendant Stanislaw Z. Sudol at 931 Willcliff Drive, Mechanicsburg. PA 17055. BRUCE D. O AN, ESQUIRE Sworn to and subscribed before me this day of 2007. Notary Public My Commission Expires: Bruce D. Foreman, Esquire Foreman & Foreman, P.C. Attorney for Plaintiff ID#21193 112 Market Street, Sixth Floor Harrisburg, PA 17101 (717) 236-9391 - phone (717) 236-6602 - fax bruce(d,foreman-foreman.com CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK Plaintiff V. STANISLAW Z. SUDOL and MALGORZATA SUDOL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 b2M (9 A 6 )- IN MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE Bruce D. Foreman, Esquire, attorney for Plaintiff, avers that Defendant is not in the military Service or in any branch of the armed forces of the United States, or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. I hereby verify that the statements made in the foregoing document are true and correct. 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. Date: Attorney ID # 21193 112 Market Street, 6a' Floor Harrisburg, Pennsylvania 17101 (717) 236-9391 Attorney for Plaintiff F ? r ? r-), -v Tj ; w Bruce D. Foreman, Esquire Foreman & Foreman, P.C. Attorney for Plaintiff ID#21193 112 Market Street, Sixth Floor Harrisburg, PA 17101 (717) 236-9391 - phone (717) 236-6602 - fax bruce(a foreman-foreman.com CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK Plaintiff V. STANISLAW Z. SUDOL and MALGORZATA SUDOL Defendants TO: Stainislaw Z. Sudol 931 Willcliff Drive Mechanicsburg, PA 17055 NO.07 b2ft IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN MORTGAGE FORECLOSURE Malgorzata Sudol 931 Willcliff Drive Mechanicsburg, PA 17055 You are hereby notified that on the 23`d day of October, 2007, a judgment of revival, based on your failure to respond after proper notice, was entered against you in the sum of Sixty Thousand and 00/100 ($60,000.00) Dollars, together with interest and court costs in the above- captioned case. Date: /-)t-/9,k'7 4110thonotary o YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9106 I hereby certify that the following is the address of the Defendant stated in the certificate of residence: 931 Willcliff Drive, Mec anicsburg, PA 17055 Attorney fo Plaintiff(s) Bruce D. Foreman, Esquire Foreman & Foreman, P.C. Attorney for Plaintiff ID#21193 112 Market Street, Sixth Floor Harrisburg, PA 17101 (717) 236-9391 - phone (717) 236-6602 - fax bruce(a foreman-foremancom CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK Plaintiff V. STANISLAW Z. SUDOL and MALGORZATA SUDOL Defendants Para: Stainislaw Z. Sudol 931 Willcliff Drive Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-62,06 6 ? 6' IN MORTGAGE FORECLOSURE Malgorzata Sudol 931 Willcliff Drive Mechanicsburg, PA 17055 Por este medio sea avisado que en el 23rd dia de Octobre de 2007, un fallo por admision fue registrado contra usted por la cantidad de $60,000.00 del caso antes escrito. Fecha: Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9106 Por este medio certifico que to siguiente es la direccion del demandado dicho en el certificado de residencia: 931 Willcliff Drive, Mechanicsburg, PA 17055 Abogado(a) de Demandante(s) i SHERIFF'S RETURN - REGULAR CASE NO: 2007-06202 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTRIC BANK N A ET AL VS SUDOL STANISLAW Z ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SUDOL MALGORZATA was served upon the DEFENDANT , at 1410:00 HOURS, on the 16th day of November-, 2007 at 931 WILLCLIFF DRIVE MECHANICSBURG, PA 17055 (7T -T T TT.T C1T TTInT by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharges ? `3?b1 - Sworn and Subscibed to before me this of So Answers: 6.00 .00 ord.%,. , 00 10.00 R. Thomas Kline .00 16.00 11/20/2007 FOREMAN & FOR By: i day De uty Sher ff A.D. r 4 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06202 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTRIC BANK N A ET AL VS SUDOL STANISLAW Z ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SUDOL STANISLAW Z was served upon the DEFENDANT , at 1410:00 HOURS, on the 16th day of November-, 2007 at 931 WILLCLIFF DRIVE MECHANICSBURG, PA 17055 STANISLAW SUDOL by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharges V ,\` , - I2A %?? Sworn and Subscibed to before me this of So Answers: 18.00 11.52 .58 10.00 R. Thomas Kline .00 40.10 11/20/2007 FOREMAN & FOREMAN , By: day Deputy Sherif A.D. CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK, Plaintiff V. STANISLAW Z. SUDOL, and MALGORZATA SUDOL Defendants. PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE-P.R.C.P. 3180-3183 TO THE PROTHONOTARY OF SAID COURT: Issue writ of execution in the above captioned case. Date: U I O IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 07-6202 CIVIL ACTION-LAW Bruce D. Foreman, Esquire 112 Market Street, 6th Floor Harrisburg, PA 17101-2015 Attorney ID. No. 21193 Telephone (717) 236-9391 Attorney for Plaintiff (To be completed by Attorney) Prothonotary) Amount $60,000.00 Plaintiff Interest $ Attorney -Costs.- $1,524.00 Sheriff This Writ (To be completed by 0 C -n '{ aA. Fn L { '? r2.L ? .r CO v T- N _v CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK, Plaintiff V. STANISLAW Z. SUDOL, and MALGORZATA SUDOL Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 07-6202 CIVIL ACTION-LAW WRIT OF EXECUTION Commonwealth of Pennsylvania County of Cumberland To the Sheriff of Cumberland County: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property (legal description attached hereto): 931 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 also known as Cumberland County tax parcel 10-17-1035-072 legal description attached as Exhibit „A„ Amount due Interest from December 19, 2007 at 6% Costs to be added - Prothonotary fee - Sheriff fee Total Date: (Seal of Court) $ 60,000.00 $ 2p0. $ 1500.00 $ Cumb Arland Co r th otary (Deputy) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-6202 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTRIC BANK N A FORMERLY. VARTAN NATIONAL BANK Plaintiff (s) From STANISLAW Z SUDOL AND MALGORZATA SUDOL (1) You are directed to levy upon the property of the defendant (s)and to sell SIEEILEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $60,000.00 Interest FROM DECEMBER 19, 2007 AT 6% Atty's Comm % Atty Paid $175.10 Plaintiff Paid Date: JANUARY 7 2008 (Seal) L.L.$0.50 Due Prothy $2.00 Other Costs C s R. Long, Pr n ry By: Deputy REQUESTING PARTY: Name BRUCE D FOREMAN ESQ Address: SIXTH FL 112 MARKET STREET HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-236-9391 Supreme Court ID No. 21193 Legal Description ALL THAT CERTAIN tract of land, with the buildings and improvements thereon erected, situate in Hapden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern right of way of Willcliff Drive said point being located a distance of 241.45 feet East of the Eastern right of way line of Shiremont Drive and at the dividing line between Lot No. 58 and Lot No. 59; thence by the southern right of way line of Willcliff Drive by a curve to the right having a radius of 145.00 feet and an arc distance of 124.84 feet to a point; thence by the same, South 07 degrees 00 minutes 00 seconds East, a distance of 30.16 feet to a point at the dividing line between Lot No. 38 and Lot No. 58; thence by said dividing line South 83 degrees 00 minutes 00 second West, a distance of 145.00 feet to a point at the dividing line between Lot No. 58 and Lot No. 61; thence by said dividing line, North 07degrees 00 minutes 00 seconds West, a distance of 30.16 feet to a point at the dividing line between Lot No. 58 and Lot No. 59; thence by said dividing line, North 33 degrees 40 minutes 13 seconds East, a distance of 145.00 feet to a point, the place of BEGINNING. BEING Lot No. 58 as shown on Plan No. 5 Ridgeland, recorded in Plan Book 20, Page 5. HAVING THEREON ERECTED a two story brick and aluminum dwelling known as 931 Willcliff Drive. BEING the same premises which Calvin L. Roller and Susan S. Roller, husband and wife, by their deed dated August 18, 1990 and recorded in the Office of the Recorder of Deed of Cumberland County, August 22, 1990 in Record Book D, Volume 35, Page 50 granted and conveyed onto Staislaw Z. Sudol and Malgorzata Sudol, husband and wife. 4 Foreman, Foreman & Caraciolo, P.C. Bruce D. Foreman, Esquire Attorney ID 21193 Sixth Floor, 112 Market Street Harrisburg, PA 17101 (717) 236-9391 (717) 236-6602 (fax) Attorneys for Plaintiff Centric Bank bruce@foreman-foreman.com CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK, Plaintiff V. STANISLAW Z. SUDOL, and MALGORZATA SUDOL Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 07-6202 CIVIL ACTION-LAW AFFIDAVIT PURSUANT TO RULE 3129.1 I, Bruce D. Foreman, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 931 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055: 1 Name and address of Owners or Reputed Owners: Name Stanislaw Z. Sudol Malgorzata Sudol Address 931 Willcliff Drive Mechanicsburg, PA 17055 931 Willcliff Drive Mechanicsburg, PA 17055 2. Name and address of Defendants in the judgment: Name Stanislaw Z. Sudol Malgorzata Sudol Address 931 Willcliff Drive Mechanicsburg, PA 17055 931 Willcliff Drive Mechanicsburg, PA 17055 40 3. 4. 5. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. Name and address of the last recorded holder of every mortgage of record: Name PNC Bank, National Association Mortgage in Book 1174, Page 850 dated 10/26/93 and recorded 11/03/93 in the original principal sum of $129,000.00 assigned to Washington Mutual Address 651 East Park Drive Spring Creek Business Center Harrisburg, PA 17111 Mortgage to Vartan National Bank, 3601 Vartan Way now Centric Bank in Record Book 1928, Harrisburg, PA 17110 Page 3276 dated 10/20/05 recorded 10/28/05 in the principal sum of $67,500.00 Mortgage to Vartan National Bank 3601 Vartan Way dated 10/20/05 and recorded Harrisburg, PA 17110 10/28/05 in Record Book 1928, Page 3288 in the original principal sum of $60,000.00. Mortgage to Washington Mutual Bank, F.A. dated 11/16/05 in Record Book 1933, Page 673 dated 11/16/05 and recorded 12/ 05/ 05 in Record Book 1933, Page 673 in the original principal amount of $112,398.00 2273 N. Green Valley Parkway Suite 14 Henderson, NV 89014 Name and address of every other person who has any record lien on the property except as set forth above: Name James C. Costopoulos, judgment dated 07/ 10/ 06 No. 3874 in the original principal sum of $5,000.00 Address Cumberland County 2006-3874 10 Courthouse Ave. Suite 103 Carlisle, PA 17013 Pennsylvania Bureau of Compliance 2 Lien dated 12/08/05 in the principal sum Cumberland County 2005-6302 of $53,291.49 term 2005-lien 06302 PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 6. 7. UCC Secured Transaction- Colonial Pacific Leasing Corp. Secured No. 28921541 dated 05/12/98 UCC Secured Transaction- Colonial Pacific Leasing Corp. Secured No. 29260612 dated 08/10/98 4704 Carlisle Pike Mechanicsburg, PA 42702 Carlisle Pike Mechanicsburg, PA Name and address of every other person who has any record interest in the property which may be affected by the sale, except as set forth above: Name None. Address Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Internal Revenue Service Technical Support Group Address William Green Federal Building Room 3259, 600 Arch Street Philadelphia, PA 19106 Pennsylvania Department of Revenue Cumberland County Tax Office 240-6100 Cumberland Valley School District PA DEPARTMENT OF REVENUE P.O. Box 280420 Harrisburg, PA 17128 1 Courthouse Square Carlisle, PA 17013 6746 Carlisle Pike Mechanicsburg, PA 17050 3 'r ` I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. o„r of Wbi Bruce D. Foreman, Esquire Attorney ID 21193 Sixth Floor, 112 Market Street Harrisburg, PA 17101 (717) 236-9391 (717) 236-6602 (fax) Attorneys for Plaintiff Centric Bank 4 n ? t ^ ?r; CO 15 Ci' j .? Foreman, Foreman & Caraciolo. P.C. Bruce D. Foreman, Esquire Attorney ID 21193 Sixth Floor, 112 Market Street Harrisburg, PA 17101 (717) 236-9391 (717) 236-6602 (fax) Attorneys for Plaintiff Centric Bank bruce@foreman-foreman.com CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK, Plaintiff V. STANISLAW Z. SUDOL, and MALGORZATA SUDOL Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 07-6202 CIVIL ACTION-LAW NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 To: Stanislaw Z. Sudol 931 Willcliff Drive Mechanicsburg, PA 17055 TAKE NOTICE: Malgorzata Sudol 931 Willcliff Drive Mechanicsburg, PA 17055 That the Sheriff's Sale of Real Property (real estate) will he held: DATE: TIME: LOCATION: 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 property to be sold is: 931 Willcliff Drive Mechanicsburg. PA 17055 f THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 07-6202 THE NAME OF THE OWNERS OR REPUTED OWNERS of this property is: Stanislaw Z. Sudol and Malgorzata Sudol A SCHEDULE DISTRIBUTION, being a list of the persons and/or government 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 of the 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 PROERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A TUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE TUDGMENT. 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. 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 2 Liberty Avenue Carlisle, PA 17013 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 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 Administrators Office - Civil Division, of the within County Courthouse, before a prosecution to the Court. SHERIFF'S OFFICE rv v r %cu, C-D Foreman, Foreman & Caracio.lo, P.C. Bruce D. Foreman, Esquire Attorney ID 21193 Sixth Floor, 112 Market Street Harrisburg, PA 17101 (717) 236-9391 (717) 236-6602 (fax) Attorneys for Plaintiff Centric Bank bruce@foreman-foreman.com CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA V. STANISLAW Z. SUDOL, and MALGORZATA SUDOL Defendants. NO. 07-6202 CIVIL ACTION-LAW AFFIDAVIT OF NON-MILITARY SERVICE Bruce D. Foreman, Esquire, attorney for Plaintiff, avers that Defendant is not in the military Service or in any branch of the armed forces of the United States, or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. I hereby verify that the statements made in the foregoing document are true and correct. 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. Date: 0 O 01 Bruce D. Foreman, squire Attorney ID # 21193 112 Market Street, 6th Floor Harrisburg, Pennsylvania 17101 (717) 236-9391 Attorney for Plaintiff CQ _.o t fT ;: J CX> Centric Bank N.A. Formerly Vartan In the Court of Common Pleas of National Bank Cumberland County, Pennsylvania Vs Writ No. 2007-6101 Civil Term Stanislaw Z. Sudol and Malgorzata Sudol Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2008 at 1420 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Stanislaw Z. Sudol and Malgorzata Sudol by making known unto Albert Sudol, son and adult in charge for Stanislaw Z. Sudol and Malgorzata Sudol, at 931 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 10 13 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Stanislaw Z. Sudol and Malgorzata Sudol located at 931 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Stanislaw Z. Sudol and Malgorzata Sudol by regular mail to their last known address of 931 Willcliff Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of April 1, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Bruce Foreman. Sheriffs Costs: Docketing 30.00 Poundage 15.34 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 25.48 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 264.34 Share of Bills 14.73 ?b B ?c ? 4 . / $ 782.39 So, veers: r R. Thomas Kline, Sheriff BY J GC Real Estate Se eant " Co. Sb l- t„ uZ 4 v S? 0 11 Foreman, Foreman & Caraciolo, P.C. Bruce D. Foreman, Esquire Attorney ID 21193 Sixth Floor, 112 Market Street Harrisburg, PA 17101 (717) 236-9391 (717) 236-6602 (fax) Attorneys for Plaintiff Centric Bank bruce@foreman-foreman.mm CENTRIC BANK, N.A., formerly IN THE COURT OF COMMON PLEAS VARTAN NATIONAL BANK, CUMBERLAND, PENNSYLVANIA Plaintiff V. NO. 07-6202 STANISLAW Z. SUDOL, and MALGORZATA SUDOL CIVIL ACTION-LAW Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 I, Bruce D. Foreman, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 931 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055: 1 2. Name and address of Owners or Reputed Owners: Name Stanislaw Z. Sudol Malgorzata Sudol Address 931 Willcliff Drive Mechanicsburg, PA 17055 931 Willcliff Drive Mechanicsburg, PA 17055 Name and address of Defendants in the judgment: Name Stanislaw Z. Sudol Malgorzata Sudol Address 931 Willcliff Drive Mechanicsburg, PA 17055 931 Willcliff Drive Mechanicsburg, PA 17055 1 <I 3 4. 5. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. Name and address of the last recorded holder of every mortgage of record: Name PNC Bank, National Association Mortgage in Book 1174, Page 850 dated 10/ 26/ 93 and recorded 11 / 03/ 93 in the original principal sum of $129,000.00 assigned to Washington Mutual Address 651 East Park Drive Spring Creek Business Center Harrisburg, PA 17111 Mortgage to Vartan National Bank, 3601 Vartan Way now Centric Bank in Record Book 1928, Harrisburg, PA 17110 Page 3276 dated 10/20/05 recorded 10/28/05 in the principal sum of $67,500.00 Mortgage to Vartan National Bank 3601 Vartan Way dated 10/20/05 and recorded Harrisburg, PA 17110 10/28/05 in Record Book 1928, Page 3288 in the original principal sum of $60,000.00. Mortgage to Washington Mutual Bank, F.A. dated 11/16/05 in Record Book 1933, Page 673 dated 11/16/05 and recorded 12/05/05 in Record Book 1933, Page 673 in the original principal amount of $112,398.00 2273 N. Green Valley Parkway Suite 14 Henderson, NV 89014 Name and address of every other person who has any record lien on the property except as set forth above: Name James C. Costopoulos, judgment dated 07/10/06 No. 3874 in the original principal sum of $5,000.00 Address Cumberland County 2006-3874 10 Courthouse Ave. Suite 103 Carlisle, PA 17013 Pennsylvania Bureau of Compliance 2 6. 7 Lien dated 12/08/05 in the principal sum Cumberland County 2005-6302 of $53,291.49 term 2005-lien 06302 PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 UCC Secured Transaction- Colonial Pacific Leasing Corp Secured No. 28921541 dated 05/12/98 4704 Carlisle Pike Mechanicsburg, PA UCC Secured Transaction- Colonial Pacific Leasing Corp Secured No. 29260612 dated 08/10/98 42702 Carlisle Pike Mechanicsburg, PA Name and address of every other person who has any record interest in the property which may be affected by the sale, except as set forth above: Name None. Address Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Internal Revenue Service Technical Support Group Address William Green Federal Building Room 3259, 600 Arch Street Philadelphia, PA 19106 Pennsylvania Department of Revenue Cumberland County Tax Office 240-6100 Cumberland Valley School District PA DEPARTMENT OF REVENUE P.O. Box 280420 Harrisburg, PA 17128 1 Courthouse Square Carlisle, PA 17013 6746 Carlisle Pike Mechanicsburg, PA 17050 3 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: 011 U bq Attorney ID 21193 Sixth Floor, 112 Market Street Harrisburg, PA 17101 (717) 236-9391 (717) 236-6602 (fax) Attorneys for Plaintiff Centric Bank 4 Foreman, Foreman & Caraciolo, P.C. Bruce D. Foreman, Esquire Attorney ID 21193 Sixth Floor, 112 Market Street Harrisburg, PA 17101 (717) 236-9391 (717) 236-6602 (fax) Attorneys for Plaintiff Centric Bank bruce@foreman-foremarLcom CENTRIC BANK, N.A., formerly VARTAN NATIONAL BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA V. STANISLAW Z. SUDOL, and MALGORZATA SUDOL Defendants. NO. 07-6202 CIVIL ACTION-LAW NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 To: Stanislaw Z. Sudol 931 Willcliff Drive Mechanicsburg, PA 17055 TAKE NOTICE: Malgorzata Sudol 931 Willcliff Drive Mechanicsburg, PA 17055 That the Sheriff's Sale of Real Property (real estate) will he held: DATE: Pub I+, TIME: 10"00 'A. M. LOCATION: CLNt6etldt? COUV? (WALW&C 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 property to be sold is: 931 Willcliff Drive Mechanicsburg, PA 17055 r THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 07-6202 THE NAME OF THE OWNERS OR REPUTED OWNERS of this property is: Stanislaw Z. Sudol and Malgorzata Sudol A SCHEDULE DISTRIBUTION, being a list of the persons and/or government 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 of the 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 PROERTY. 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. 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 2 Liberty Avenue Carlisle, PA 17013 r 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 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 prosecution to the Court. SHERIFF'S OFFICE Legal Description ALL THAT CERTAIN tract of land, with the buildings and improvements thereon erected, situate in Hapden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern right of way of Willcliff Drive said point being located a distance of 241.45 feet East of the Eastern right of way line of Shiremont Drive and at the dividing line between Lot No. 58 and Lot No. 59; thence by the southern right of way line of Willcliff Drive by a curve to the right having a radius of 145.00 feet and an arc distance of 124.84 feet to a point, thence by the same, South 07 degrees 00 minutes 00 seconds East, a distance of 30.16 feet to a point at the dividing line between Lot No. 38 and Lot No. 58; thence by said dividing line South 83 degrees 00 minutes 00 second West, a distance of 145.00 feet to a point at the dividing line between Lot No. 58 and Lot No. 61; thence by said dividing line, North 07degrees 00 minutes 00 seconds West, a distance of 30.16 feet to a point at the dividing line between Lot No. 58 and Lot No. 59; thence by said dividing line, North 33 degrees 40 minutes 13 seconds East, a distance of 145.00 feet to a point, the place of BEGINNING. BEING Lot No. 58 as shown on Plan No. 5 Ridgeland, recorded in Plan Book 20, Page 5. HAVING THEREON ERECTED a two story brick and aluminum dwelling known as 931 Willcliff Drive. BEING the same premises which Calvin L. Roller and Susan S. Roller, husband and wife, by their deed dated August 18, 1990 and recorded in the Office of the Recorder of Deed of Cumberland County, August 22, 1990 in Record Book D, Volume 35, Page 50 granted and conveyed onto Staislaw Z. Sudol and Malgorzata Sudol, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-6202 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTRIC BANK N A FORMERLY VARTAN NATIONAL BANK Plaintiff (s) From STANISLAW Z SUDOL AND MALGORZATA SUDOL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the .property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $60,000.00 Interest FROM DECEMBER 19, 2007 AT 6% Atty's Comm % Atty Paid $175.10 Plaintiff Paid Date: JANUARY 7 2008 L.L.$0.50 Due Prothy $2.00 Other Costs Curtis W.1-Long, Prothono (Seal) REQUESTING PARTY: Name BRUCE D FOREMAN ESQ Address: SIXTH FL 112 MARKET STREET HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-236-9391 By: Deputy Supreme Court ID No. 21193 AMINk Real Estate Sale # 50 On March 55 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 931 Willcliff Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 5, 2008 By: ?jo Real Estat Sergeant i .? d e - NYr goat vd '.11Nnoi -j?f v id?8jj ;j JJ183HS 3H1 J0 30tJd0 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz May 2, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 74-,- 4A, a Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2008 olo" Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public [CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RZAL EBTATZ SALE NO. 50 Writ No. 2007-6202 Civil Centric Bank N.A. Formerly Vartan National Bank vs. Stanislaw Z. Sudol and Malgorzata Sudol Atty.: Bruce Foreman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, with the buildings and improve- ments thereon erected, situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern right of way of Willcliff Drive said point being located a distance of 241.45 feet East of the Eastern right of way line of Shiremont Drive and at the dividing line between Lot No. 58 and Lot No. 59; thence by the south- ern right of way line of Willcliff Drive by a curve to the right having a radius of 145.00 feet and an arc distance of 124.84 feet to a point; thence by the same, South 07 degrees 00 minutes 00 seconds East, a distance of 30.16 feet to a point at the dividing line between Lot No. 38 and Lot No. 58; thence by said dividing line South 83 degrees 00 minutes 00 second West, a distance of 145.00 feet to a point at the dividing line between Lot No. 58 and Lot No. 61; thence by said divid- ing line, North 07degrees 00 minutes 00 seconds West, a distance of 30.16 feet to a point at the dividing line between Lot No. 58 and Lot No. 59; thence by said dividing line, North 33 degrees 40 minutes 13 seconds East, a distance of 145.00 feet to a point, the place of BEGINNING. BEING Lot No. 58 as shown on Plan No. 5 Ridgeland, recorded in Plan Book 20, Page 5. HAVING THEREON ERECTED a two story brick and aluminum dwell- ing known as 931 Willcliff Drive. BEING the same premises which Calvin L. Roller and Susan S. Roller, husband and wife, by their deed dated August 18, 1990 and recorded in the Office of the Recorder of Deed of Cumberland County, August 22, 1990 in Record Book D, Volume 35, Page 50 granted and conveyed onto Staislaw Z. Sudol and Malgorzata Sudol, husband and wife. Thq Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 14e Patr1*otAdews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: ` 04123/08 04/30/08 Sworn t and bscribed before me this 27 day of May, 2008 A.D. Notary P COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrle L. Sheppard, Notary Public City Of Harrisburg, Dauphin Courtly My Commission Expires May 29,2D1 0 Member, Pennsylvania Association of Notaries Real Estate Sale #50 frit No. 2007-6202 Civil Term Centric Bank N A Formerly Vartan National Bank VS Stanislaw Z. Sudol and Malgorcata Sudol Attorney: Bruce Foreman DESCRIPTION ALL THAT CERTAIN tract of land, with the buildings and improvements thereon erected, situate in Hampden Township. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern right of way of Willcbff Drive said point being located a distance of 241.45 feet East of the Eastern right of way line of Shiremont Drive and at the dividing line between Lot No. 58 and Lot No. 59; thence by the southern right of way line of Willcliff Drive by a curve to the right having a radius of 145.00 feet and an arc distance of 124.84 feet to a point; thence by the same, South 07 degrees 00 minutes 00 seconds East, a distance of 30.16 feet to a point at the dividing Iiue betvlecg,Lft,Np. ,38, and Lpt,,Nq. 5$; thelpce by said dividing line South 83 degrees 00 minutes 00 second West, a distance of 145.00 feet to a point at the dividing line between Lot No. 58 and Lot No. 61: thence by said dividing line, North 07degrees 00 minutes 00 seconds West, a distance of 30.16 feet to a point at the dividing line between Ldt No. 58 and Lot No. 59; thence by said dividing line, North 33 degrees 40 minutes 13 seconds East, a distance of 145.00 feet to a point, the place of BEGINNING. BEING Lot No. 58 as shown on Plan No. 5 Ridgeland, recorded in Plan Book 20, Page S. HAVING THEREON ERECTED a two story brick and aluminum dwelling known as 931 Wdlcliff Drive, BEING the same premises which Calvin L. Roller and Susan S. Roller, husband and wife, by their deed dated August 18, 1990 and recorded in the Office of the Recorder of Deed of Cumberland County, August 22, 1990 in Record Book D, Volume 35, Page 50 granted and conveyed onto Staislaw Z. Sudol and Malgonata Sudol, husband and wife.