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HomeMy WebLinkAbout08-144508- 14 C1 V6l-Fexk PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Mid Penn Bank v. Zimmer Grove Homes Court of Common Pleas of Dauphin County, Pennsylvania Civil Term, 2007, No. 12208 Pursuant to Pa. R.C.P. 3002, kindly enter judgment against the Defendant in the amount of $379,267.69 in accordance with the following documents attached hereto: (1) Certified copy of all docket entries in the above-captioned case; and (2) Certification of the amount of the judgment in the above- captioned case; and respectively enter the judgment in the appropriate dockets and in the judgment index against Defendant. Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON P.C. Date: By 8ffiv'e_n_'i_ . chi an, squire Merritt C. Reitzel, q ire Pa. I.D. Nos. 25488 & 92069 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110 (717) 540-9170 Counsel for Plaintiff In 19be Court of (Common Pieaz of ?Daupbin Cuuntp, Venns;pfbania Mid Penn Bank VS. No. 2007-CV-12208-NT Zimmer Grove Homes Inc CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Plaintiff, Mid Penn Bank and against Defendant, Zimmer Grove Homes Inc. on November 14, 2007 in said case in the amount of $379,267.69 3n Te.0timonp Vbereot, I have hereunto set my hand and affixed the seal of the Court, on Friday, February 22, 2008. JUDGMENT Interest from Attorney Due Plaintiff Paid Prothy. Due This record $379.267.69 10-06-05 $3.00 $33.00 $10.00 $20.00 Proth otary By: Lc??' ?-A- (.,? Deputy Date: -2t2-%/2008 Time: 03:27 PM Page 1 of 2 Filed: Subtype: Comment: 11/14/2007 Notes Dauphin County Complete Case History Case: 2007-CV-12208-NT Mid Penn Bankvs.Zimmer Grove Homes Inc Physical File: Y Appealed: N Status History Pending 11/14/2007 Pending / Judgment 11/14/2007 Judge History Date Judge Reason for Removal 11/14/2007 No Judge, Current Payments Receipt Date Type Schiffman, Steven Jay (attorney 145887 11/14/2007 Civil Filing Serratelli Schiffman Brown 152753 2/8/2008 Miscellaneous Exemplified Record 20.00 Serratlli Schiffman Brown 152755 2/8/2008 Miscellaneous Exemplified Record 20.00 Total Miscellaneous Receipts User: KWEBB Amount 33.00 20.00 20.00 73.00 Receipt Date 152753 2/8/2008 Exemplified Record 20.00 Sum: 20.00 152755 2/8/2008 Exemplified Record 20.00 Sum: 20.00 Plaintiff Name: Mid Penn Bank SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Reitzel, Merritt C (Primary attorney) Send Notices Defendant Name: Zimmer Grove Homes Inc SSN: Address: 5751 Union Deposit Rd DOB: Harrisburg PA 17111 Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Reitzel, Merritt C (Primary attorney) Send Notices M', Date: --VA/2008 Dauphin County User: KWEBB Time: 03:27 PM Complete Case History Page 2 of 2 Case: 2007-CV-12208-NT Mid Penn Bankvs.Zimmer Grove Homes Inc Register of Actions 11/14/2007 New Civil Case Filed This Date. Filing: Complaint with Confession of Judgment Paid by: Schiffman, Steven Jay (attorney for Mid Penn Bank) Receipt number: 0145887 Dated: 11/14/2007 Amount: $33.00 (Check) Defendant: Zimmer Grove Homes Inc Attorney of Record: Merritt C Reitzel On Complaint filed Judgment in favor of Plaintiff and against Defendant in the sum of Three Hundred Seventy-Nine Thousand Two Hundred Sixty-Seven and 69/100 Dollars ($379,267.69) by virtue of authority contained in the Warrant of Attorney filed dated 10-06-05 payable installments with interest, costs, etc. --- for colt'n. Inquisition and Exemption Waived. Entered At 2:31 p.m. Stephen E. Farina, Prothonotary Copies of All Documents Mailed. Plaintiff: Mid Penn Bank Attorney of Record: Merritt C Reitzel 1/25/2008 Certificate of Service of the Confession of Judgment, Complaint in Confession of Judgment, and the Notices required under Pa. R.C.P. 236, 2737.1 and 2958.1 upon defendant, Zimmer Grove Homes, Inc., filed. Judgment Order date In Favor Of Disposition 11114/2007 Plaintiff 11/14/2007 Open Comment: 379267.69 Plaintiff: Mid Penn Bank Defendant: Zimmer Grove Homes Inc a-aa,-oS I hereby certify that the foregoing is a true and correct copy ofhe original filed. _ UDAArrC6 Proth otary/Clerk of Courts No Judge, No Judge, No Judge, No Judge, No Judge, No Judge, Judgment Judgment • t , Steven J. Schiffman, Esq. Merritt C. Reltzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 p o ?y - ?r rrT ..... ` .. "TT ?7 l CA3 rr MID PENN BANK, Plaintiff vs. ZIMMER GROVE HOMES, INC. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA : No. 6+00-7 CV as C)O tjr : CIVIL ACTION-LAW FE 0 NOTICE TO: Zimmer Grove Homes, Inc. Roger B. Zimmer, President William R. Grove, Vice President 5751 Union Deposit Road Harrisburg, PA 17111 • ?n<y that the foregoing is 1 40 l b i trao.r,a roct copy of the Of 11141 file. ?- -?1.,J d . ?' Axe ProthG 6vv"=Y Pursuant to Pa.R.C.P. 236, you are hereby notified that judgment by confession has been entered against you in the above-captioned matter. Date: NOV 14 2007 Defendants ???il%IVGC/ "Prothenclary - If you have any questions concerning this notice, please contact plaintiffs counsel at the address and phone number above. or M ' Steven J. Schiffman, Esq. d a Merritt C. Reitzel, Esq. _ C P S . . SERRATELLI, SCHIFFMAN, BROWN & CALHOON, ? C 14C 2080 Linglestown Road, Suite 201 ?.-- Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 Cq MID PENN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA vs. No.aM_7 Cv taao$ (\Jr ZIMMER GROVE HOMES, INC, Defendant : CIVIL ACTION-LAW Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights (tc 111 "Notice of Defendant's RIa is To: Zimmer Grove Homes, Inc. Roger B. Zimmer, President William R. Grove, Vice-President & Secretary 5751 Union Deposit Road Harrisburg, PA 17111 A judgment in the amount of $379,267.69 has been entered against you and in favor of the Plaintiff without prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this Notice is served on you. You may have legal rights to defeat the judgment or prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF Y ?S FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOURTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR DAUPHIN COUNTY COURTHOUSE FRONT & MARKET STREETS HARRISBURG, PA 17101 TELEPHONE (717) 780-6624 i Q d Steven J. Schiffman, Esq. Ze :.r > Merritt C. Reitzel, Esq. .? r, 't C SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. -• : ^i„;?1 2080 Linglestown Road, Suite 201 , r Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA VS. : No. O? ?o ? C V a aUo A ZIMMER GROVE HOMES, INC, Defendant : CIVIL ACTION-LAW NOTICE PURSUANT TO 42 Pa.C.S. 52737.1 Please take notice that the Plaintiff in this matter has entered judgment by confession against you in the amount of $379,267.69. You are entitled to a petition to "strike" or "open" the judgment. In order to do so, you must promptly file a petition with the Court of Common Pleas of Dauphin County, Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. Any such petition can be filed with the clerk or Prothonotary at the courthouse in Harrisburg, Dauphin County. A petition is a formal statement of your basis for challenging the judgment. You must include the names of the parties at the top of the first page and the case number, which is shown above. The petition must state your reasons for challenging the judgment in separate numbered paragraphs. You have to sign the petition and include a sworn statement at the end of the document verifying that the facts you state in the petition are true and accurate. You will waive any defense and objections not included in your petition to strike or open. You must therefore make every effort to raise all possible issues and defenses in your petition to strike or open in order to avoid waiving any claims. If you elect to file a petition, you must meet the requirements of Rule 2959 of the Rules of- Civil Procedure. A full copy of Rule 2959 is attached to this Notice, You may also have to comply with local rules of procedure in effect in the county where the judgment was entered. If you do not file a petition challenging the judgment, the Plaintiff may take steps to collect on the judgment by asking the Sheriff to seize your assets. Accordingly, you should immediately seek the advice of attorney. if you wish to discuss the matter with an attorney but do not know how to find one, you may request a referral by contacting the following agency: y 1 COURT ADMINISTRATOR DAUPHIN COUNTY COURTHOUSE FRONT & MARKET STREETS HARRISBURG, PA 17101 TELEPHONE (717) 7804624 Corporations may be unable to represent themselves in court. If the defendants include a corporation, the corporation must appear through an attorney if it Intends to challenge the judgment. You may receive other papers and notices regarding the judgment. Those other papers do not negate or override this Notice. Likewise, this Notice is not intended to and does not negate any of the notices or information obtained in other papers that may be served upon you. We reiterate that you are required to act promptly if you wish to seek relief from the judgment. Under certain circumstances, you have only 30 days in which to file a petition after papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order to protect your interests. Failing to act in a timely manner will render you unable to challenge the judgment at a later time. H you were Incorrectly ldentNled and judgment was entered against you In error you may be entitled to collect cost and reasonable attomey's fees as determined by the Court. 1AA BY: omey r d nn Rule 2989. Striking off or Opening Judgment Pleadings. Procedure. (a)(1) Relief from judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open judgment must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3 (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defense and objections which are not in the petition or answer. (d) The petition and rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition Insofar as it seeks to open the judgment pending deposition of the application to strike off the judgment. If the evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g)(1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g)' which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. 'Subd. (g) added by Order of Sept. 28, 2004, imd. effective. b v c Z! r c3 < Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA vs. No. o? ?7 C V A-- ZIMMER GROVE HOMES, INC, # Defendant CIVIL ACTION-LAW CONFESSION OF JUDGMENT FOR MONEY Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the complaint filed in this action, I appear for the defendants and confess judgment in favor of the plaintiff and against defendants as follows: Note Number: 500032545 Date of Note: 10/6/2006 Principal Balance; $328,359.36 Interest to 11/13/07: $13,774.91 Late Fees: $2,919.95 Attorneys' Fees: $34,213.47 (10% of principal balance and interest, as authorized by the warrant of attorney) Total $379,267.69 plus additional accrued interest, attorneys' fees, and costs of suit (Interest will continue to accrue as authorized by the Note) Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN $ CALHOON, P.C. tev n J. Schiffman, Esq. Merritt C. Reitzel, Esq. Counsel for Defendants Date: /I//A/o-7 .Q, ?C e:;' ' te r ..ti W Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, VS. IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA ZIMMER GROVE HOMES, INC, Defendant No. aC)b 7 C V ) aC_)_6 ?- AV j - CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY Plaintiff files this complaint pursuant to Pa.R.C.P. 2951(b) for judgment by confession and avers the following: 1. Plaintiff is an independently owned community bank, with its primary place of business at 349 Union Street in Millersburg, Dauphin County, Pennsylvania, 17061. Mid Penn Bancorp, Inc., the holding company for Mid Penn Bank, is a Pennsylvania corporation. 2. Defendant is a Pennsylvania corporation with its primary place of business located at 5751 Union Deposit Road, Harrisburg, PA, 17111. 3. Roger B. Zimmer is the president of defendant corporation. 4. William R. Grove is the vice president and secretary of defendant corporation. 5. On October 6, 2005, defendant borrowed $329,600.00 from plaintiff. 6. To evidence its indebtedness under the $329,600.00 loan, defendant contemporaneously made, executed, and delivered to plaintiff the Note of October 6, 2005, a true and correct copy of which is attached as Exhibit A, which authorizes judgment by confession. 7. On October 6, 2006, the parties executed a change in terms agreement whereby the maturity date of the loan was extended to December 31, 2006. 8. A true and correct copy of the change in terms agreement of 10/6/06 is attached as Exhibit B. 9. On December 28, 2006, the parties executed a change in terms agreement whereby the maturity date of the loan was extended to June 30, 2007. 10. A true and correct copy of the change in terms agreement of 12/28/06 is attached as Exhibit C. 11. The judgment sought herein is not against a natural person in connection with a consumer credit transaction. 12. The attached instrument has not been assigned. k ? 13. Judgment has not been entered in any jurisdiction on the attached instrument authorizing confession. 14. Contrary to the terns and provisions of the written instrument, defendant failed to make payments when due under the terms of the Note in question. 15. Defendant's failure to make payments when due constitutes a default under the terms of the Note. 16. Under the terms of the Note, defendant is liable for attorneys' fees equal to 10% of the outstanding principal balance and interest. 17. As the result of its default, defendant is liable to plaintiff as follows: Note Number: 500032545 Date of Note: 6/12/2006 Principal Balance: $328,359.36 Interest to 11/13/07: $13,774.91 Late Fees: $2,919.95 Attorneys' Fees: $34,213.47 (10% of principal balance and interest, as authorized by the warrant of attorney) Total $379,267.69 plus additional accrued interest, attorneys' fees, and costs of suit (Interest will continue to accrue as authorized in the attached Note) WHEREFORE, plaintiff demands judgment by confession in the amount of $379,267.69, plus additional interest, attorneys' fees, and costs, as authorized by the warrant of attorney appearing in the attached instrument. Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. ?? A - . - - A I . LLk' 1% 4/.Fft? -- - - tev n J. Schiffman, Esq. Mer0tt C. Reitzel, Esq. Counsel for Defendants Date: November, 2007 VERIFICATION I, Robert McDonald, do hereby state, under penalty of 18 P.S. § 4904 relating to unsworn falsification to authorities, that I am an authorized representative of Mid Penn Bank, am authorized to give this verification on its behalf, and that the averments set forth in the foregoing complaint are true and correct to the best of my knowledge, information, and belief. Mid Penn Bank DATE: November • 1" , 2007 By: Robert McDonald Authorized Representative Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, Plaintiff V3. ZIMMER GROVE HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA : No. a 00-7 C V l a? 6 2 AfT_ : CIVIL ACTION-LAW CERTIFICATION I hereby certify the precise last known addresses of the parties are as follows: Plate Mid Penn Bank 349 Union Street Millersburg, Pennsylvania, 17061 Sworn to and subscribed before met is -_ day of AMA ?, 20D1. Notary Public Defen nt: Zimmer Grove Homes, Inc. 5751 Union Deposit Road Harrisburg, PA, 17111 BY erri eitzel, Esq. COMMONWEALTH OF PEN n IA NOWY18eN ura A Ooaway, Nabry Pdit &4Wdwm Tvvp.. Owp11n 0=* * 0WjnWdm E*kw Mwch 91, 2M1 Pennsylvania Association of Notaries "1 1.?:r.i:?J:.._t_. .. PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular ban or item. Anv Hem above contalnino '**" has been omitted due to text lenoth limitations. Borrower: Zimmer Grove Homes, Inc. (TIN: 23.2951187) Lender: Mid Penn Bank 5751 Union Deposit Road Derry Street Office Harrisburg, PA 17112 4098 Derry Street Harrisburg, PA 17111 Principal Amount: $328,600.00 Initial Rate: 7.760% Date of Note: October 6, 2005 PROMISE TO PAY. Zimmer Grove Homes, Inc. ("Borrower") promises to pay to Mid Penn Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Three Hundred Twenty-nine Thousand Six Hundred dr 001100 Dollars (5329,900.00), together with Interest on the unpaid principal balance from October 6, 2005, until paid in full. PAYMENT. Borrower will pay this loan In one principal payment of $329,800.00 plus interest on October 8, 2000. This payment due on October 0, 20004 will be for all principal and all accrued Interest not yet paid. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning November 8, 2005, with all subsequent Interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual Interest rate for this Note Is computed on a 3851300 basis; that is, by applying the ratio of the annual Interest rate over a year of 380 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at tender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. The Interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as quoted In the Wall Street Journal (the "Index"). The Index is not necessarily the lowest rate charged by Lender on Its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute Index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The Interest rate change will not occur more often than each month, on the first business day of the month. Borrower understands that lender may make loans based on other rates as well. The Index currently is &750% per annum. The Interest rats to be applied to the unpaid principal balance of this Note will be at a rata of 1.000 percentage point over the Index, resulting in an Initial rate of 7.750% perannum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earner than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due, Borrower agrees not to send Lender payments marked 'paid In full", "without recourse", or similar language. if Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, Including any check or other payment Instrument that indicates that the payment constitutes 'payment in full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111. LATE CHARGE. If a payment Is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $25.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, Lender, at Its option, may, 9 permitted under applicable law, increase the variable interest rate on this Note to 6.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, Interest will continue to accrue on this Note after judgment at the Interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ('Event of Default') under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower falls to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to gender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including depoeft accounts, with Lender. However, this Event of Default shall not apply if there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in Its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Change In Ownership. Any change In ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself Insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid Interest immediately due, and then Borrower will pay that amount. PROMISSORY NOTE Loan No: 500032545 (Contllwed) Page 2 ATTORNEYS' FEES; EXPENSES. Lander may hire or pay someone else to help collect this Note If Borrower does not pay. Borrower will pay Lender that amount. This Includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, Including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, In addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lander or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the CommonweeM of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This Includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open In the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL Borrower acknowledges this Note is secured by the following collateral described in the security Instrument listed herein: a Construction Mortgage dated October 8, 2005, to Lender on real property located In Cumberland County, Commonwealth of Pennsylvania. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower Is not entitled to further ban advances. Borrower agrees to be liable for all sums either: (A) advanced In accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpWd principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's Internal records, Including dally computer print-outs. REFERENCE GUIDANCE LINE OF CREDIT. This Note Is considered an advance under the Guidance Line of Credit, dated May 20, 2004, In an aggregate amount of $1,200,ODD.00, and Is subject to the terms, conditions and collateral taken thereunder . SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall Inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us 9 we report any Inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change In the terms of this Note, and unless otherwise expressly stated In writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from IWIlty. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lander without the consent of or notice to anyone. All such parties also agree that Lender may modify this ban without the consent of or notice to anyone other than the party with whom the modification Is made. The obligations under this Note are joint and several. If any portion of this Note Is for any reason determined to be unenforceable, It will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (;500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTION$ MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ZIMMER OVE HOMES, INC. Seal) fllam resident of Zlmmer Grove Homes, Inc. C ANGE IN TERMS AGREEMI. References in the shaded area are for Lender's use only and do not Ilmh the applicability of Oft document to any particular loan or item. Any Rem above containing "'"' has been omitted due to text length limitations. Borrower: Zimmer Grove Homes, Inc. MN: 23-2951187) Lender: Mid Penn Bank 5751 Union Deposit Road Derry Street Office Harrisburg, PA 17112 4068 Derry Street Harrisburg, PA 17111 Principal Amount: $329,600.00 Initial Rate: 9.250% Date of Agreement: October 6, 2006 DESCRIPTION OF EXISTING INDEBTEDNESS. Note #500032545 in the amount of $329,600.00, dated October 6, 2005, together with any subsequent renewals and modifications. DESCRIPTION OF COLLATERAL. The loan Is secured by a Mortgage dated October 6, 2005. DESCRIPTION OF CHANGE IN TERMS. The maturity date shall be extended to December 31, 2006. PROMISE TO PAY. Zimmer Grove Homes, Inc. ("Borrower") promises to pay to Mid Penn Bank ("Lender"), or order, In lawful money of the United States of America, the principal amount of Three Hundred Twenty-nine Thousand Six Hundred & W100 Dollars ($329,800.00), together with Interest on the unpaid principal balance from October 6, 2008, until paid In full. PAYMENT. Borrower will pay this loan In full Immediately upon Lender's demand. If no demand Is made, subject to any payment changes resulting from changes In the Index, Borrower will pay this loan In accordance with the following payment schedule: The loan shall be extended for an additional 3 months. Borrower will continue to make regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning October 8, 2008, with all subsequent Interest payments to be due on the same day of each month after that. Interest shall be calculated at one (1.00%) above the Wall Street Journal Prime Rate ("Index"), currently eight (8.25%) percent, resulting in a rate of nine (6.25%) per annum. Provided, however, all outstanding principal, all accrued and unpaid Interest, and any other charges as may have been Incurred will be due and payable In full on or before December 31, 2006. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this loan Is computed on a 365!380 simple Interest basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE The Interest rate on this loan is subject to change from time to time based on changes in an Independent index which is the Prime Rate as quoted in the Wall Street Journal (the "Index'). The Index is not necessarily the lowest rate charged by Lender on its bans. It the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The Interest rate change will not occur more often than each month, on the first business day of the month. Borrower understands that Lender may make bans based on other rates as well. The Index currently Is 8.2507. per annum. The interest rate to be applied to the unpaid principal balance during this loan will be at a rate of 1.000 percentage point over the Index, resulting in an initial rate of 9.250% per annum. NOTICE: Under no circumstances will the Interest rate on this ban be more than the maximum rate allowed by applicable law. Whenever increases occur in the Interest rate, Lender, at its option, may do one or more of the following: (A) Increase Borrower's payments to ensure Borrower's ban will pay off by its original final maturity date, (B) Increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than It Is due. Eery payments will not, unless agreed to by under in writing, repave Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result In Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full', "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications conceming disputed amounts, Including any check or other payment Instrument that indicates that the payment constltules 'payment In full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $25.00, whichever In greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the Interest rate on this loan shall be Increased by adding a 5,000 percentage point margin ('Default Rate Margin'). The Default Rate Margin shall also apply to each succeeding Interest rate change that would have applied had there been no default. If judgment Is entered in connection with this Agreement, Interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the Interest rate exceed the maximum Interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower falls to comply with or to perform any other term, obligation, covenant or condition contained In this Agreement or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement or the Related Documents Is false or misleading In any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture A co ' *HANGE IN TERMS AGREEMEK . ' z Qd Loari No: 500032545 (Continued) Pa?? L proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond O P for the creditor or forfeiture proceeding, In an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, anditirser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness evidenced by this Note. Change In Ownomhip. Any change in ownership of twenty-five percent (25°/6) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes Itself Insecure. LENDER'S RIGHTS. Upon default, !.ender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Agreement and all accrued unpaid Interest Immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower herby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lander or Borrower against the other. GOVERNING LAW. This Agreement 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 Agreement has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff In all Borrower's accounts with Lander (whether checking, savings, or some other account). This includes all accounts Borrower holds Jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lander, to the extent permitted by applicable law, to charge or setoff all sums owing on the debt against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph, COLLATERAL. Collateral securing other loans with Lender may also secure this ban. To the extent collateral previously has been given to Lender by any person which may secure this Indebtedness, whether directly or Indirectly, it Is specifically agreed that, to the extent prohibited by law, all such collateral consisting of household goods will not secure this Indebtedness. In addition, If any collateral requires the giving of a right of rescission under Truth In Lending for this Indebtedness, such collateral also will not secure this Indebtedness unless and until all required notices of that right have been given. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, Including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effecL Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change In terns. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It Is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), Including accommodation parties, unless a parry Is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to aft such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and Its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address, Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111. MISCELLANEOUS PROVISIONS. This Agreement is payable on demand. The Inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Agreement on its demand. If any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this ban or release any parry or guarantor or collateral; or Impair, fall to realize upon or perfect Lender's security Interest in the collateral; and take any other action deemed necessary.by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE Z ;RANGE IN TERMS AGREEMEN Loan No: 500032545 (Continued) Page 3 OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ZIMME GROVE M By: `y..r?±'""'"?,"'' •' :Seal) -WIlliern R. Grove, Vice reelde o Zimmer Grove Homes, Inc. lMM PM LWW lp W L 4414D4M Cp. IIMMd n -W MMMAR L.e. "P. WK M X" P~6& • M F.{CMl+l10MIC A1•10M PM •?r C Principal Amount: $328,359.36 fnmaii rsaie: -- ------ -- - --- DESCRIPTION OF EXISTING INDEBTEDNESS. Note #500032545 in the amount of S329,600.o0, dated October 6, 2005, together with any subsequent renewals and modifications. DESCRIPTION OF COLLATERAL. The loan is secured by a Mortgage dated October 6, 2005. DESCRIPTION OF CHANGE IN TERMS. The maturity date shall be extended to June 30, 2007. PROMISE TO PAY. Zimmer Grove Homes, Inc. ("Borrower") Promises to pay to Mid Penn Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Three Hundred Twenty-eight Thousand Throe Hundred Fifty-nine b 361100 Dollars ($328,359.36), together with Interest on the unpaid principal balance from December 28, 2006, until paid In fun. PAYMENT. Borrower will pay this loan In full immediately upon Lender's demand. it no demand Is made, subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: pay The loan shall be extended for an additional 12 months. Borrower will continue to make regular monthle to bed of an e lthsamaccrued day unpzld Interest due as of each payment date, beginning January e, 2007, with all subsequent Interest ?ymen each month after that. Interest shall be calculated at one (1.00%) percent above the Wall Street Journal Prime Rate ("Index"), currently eight and one-quarter (8.2596) percent, resulting in a rate of nine and one-qunder (9.25%) percent per annum. Provided, however, all outstanding principal, all accrued and unpaid Interest, and any other charges as may have been incurred will be due and payable in full on or before June 30, 2007. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this loan is computed on a 3651'360 simple interest basis; that is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. The interest rate on this loan Is subject to change from time to time based on changes in an Independent index which is the Prime Rate as quoted In the Wall Street Journal (the `Index"). The Index is not necessarily the lowest rate charged by Lender on its bans. If the index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each month, on the first business day of the month. Borrower understands that Lender may make loans based on other rates as well. The index currently is 8.250% per annum. The interest rate to be applied to the unpaid principal balance during this ban will be at a rate of 1.000 percentage point over the Index, resulting In an initial rate of 92501/. per annum. NOTICE: Under no circumstances will the interest rate on this loan be more than the maximum rate allowed by applicable law. ments ensure Whenever increases occur in the interest rate, Lender, at its option, may do one or more of thefol amine accruing ) in real es1 r owelr crease the number of Borrower's loan will pay off by its original final maturity dale, (B) increase Borrower's paymene Borrower's payments, and (D) continue Borrower's payments at the same amount and Increase Borrower's final payment. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it Is due. Early payments will not, unless agreed by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result In Borrower's making fewer payments. Borrower agrees not to send Lender payments marked 'paid in full', 'without recourse", or similar language. If Borrower sends such a payment. Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to tender. All written communications concerning disputed amounts, including any check or other payment Instrument that Indicates that the payment constitutes 'payment in full' of the amount owed or that Is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111. LATE CHARGE. If a payment is 15 days or more late, Borrower wilt be charged 10.000% of the regularly scheduled payment or $25.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including falure to pay upon final maturity, the interest rate on this loan shall be increased by adding a 5.000 percentage point margin ('Default Rate Margin'). The Default Rate Margin shall also apply to each succeeding interest rate change that would acc wig con have after judgment at the rate in affect ache time judgment is entered. HoIn connion with th wever, in no event will the Interrest rInte ater exceed thetimax'imum I er st rate the date of under applicable law. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lander and Borrower. False Statements. Any warranty, representation or statement made or fumishad to Lender by Borrower or on Borrower's behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the tkne made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Indebtedness. This Includes a garnishment of any of Borrowers accounts, Including deposit accounts, with Lender. However, this Event of Default shall not CK. IGE IN TERMS AGREEMEN Borrower: Zimmer Grove Homes, Inc. (nN: 23.2951187) Lender: Mid Penn Bank 5751 Union Deposlt Road Derry Street Office Harrisburg, PA 17112 4098 Derry Street Harrisburg, PA 17111 a ' CHANGE IN TERMS AGREEM. T ' Loan No:. 500032545 (Continued) ?Pa?Qc u apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture =0? proceeding and if Borrower gives Lender written notice of the creditor or forfeture proceeding and deposits with Lender monies or a surety bond ' for the creditor or forfeiture proceeding, in an amount determined by Lender, In Its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness evidenced by this Note. Change In Ownership. Any change in ownership of twenty-five percent (26%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness Is Impaired. Insecurity. Lender in good faith believes Itself Insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Agreement and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Agreement If Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, In addition to all other sums provided by law. JURY WAIVER. Lender and Borrower herby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrpwer against the other. GOVERNING LAW. This Agreement 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 Agreement has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF, To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future, However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the debt against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lander's charge and setoff rights provided In this paragraph. COLLATERAL. Collateral securing other loans with Lender may also secure this ban. To the extent collateral previously has been given to Lender by any person which may secure this Indebtedness, whether directly or Indirectly, it is specifically agreed that, to the extent prohibited by law, all such collateral consisting of household goods will not secure this Indebtedness, In addition, If any collateral requires the giving of a right of rescission under Truth in Lending for this Indebtedness, such collateral also will not secure this indebtedness unless and until all required notices of that right have been given. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, Including all agreements evidenced or securing the obligation(s), remain unchanged and In full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the Intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party Is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement Is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by R. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us If we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(les) should be sent to us at the following address: Mid Penn Bank, Derry Street Office, 4098 Derry Street, Harrisburg, PA 17111. MISCELLANEOUS PROVISIONS. This Agreement is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Agreement on its demand. If any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated In writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability, All such parties agree that lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or Impair, fail to realize upon or perfect lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($6W) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT, BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO h ANGE IN TERMS AGREEMENT Page a Loan No: 50=2545 (Continued) TES THAT EITHER AND CONNECTION WITH ANY SUCH NOT HEARING IN REPRES OF LENE ER SPECIFICALLY CA ED TH S CONFESSION OF J DGME T P 0 SON TO BO RR O R SAATTENTION OR BORROWER HEAS BEEN OF REPRESENTED BY INDEPENDENT LEGAL COUNSEL PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS OF A SEAL D GI INSTRUMENT ACCORDING g LAW. ENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT BORROWER: ZIMMER OVE HOMES, INC. :r'<> Sail) Illam R. G ant o mmer row Homes, Inc. 1M. 1w. WL M ww" ft-- • M yOFNlUDw-re "IOU PIW wa rw ?.?+?. vw. uI m ae+ o,r• wwr Mnd/ $rww. w SLs O J-1 0 0 r ?> a 1 Ti ''? CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT TO THE PROTHONOTARY: Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, vs. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-1445 ZIMMER GROVE HOMES, INC, Defendant Please issue a Writ of Execution upon the judgment entered by confession in the above- captioned matter, (1) directed to the Sheriff of Cumberland County; (2) against defendant ZIMMER GROVE HOMES, INC., (3) and enter the Writ in the judgment index against ZIMMER GROVE HOMES, INC., as a lis pendens against the real property of defendant described in Exhibit A, attached hereto. Principal Balance: $328,359.36 Interest to 8/29/2008: $44,690.07 Late Fees: $2,919.95 Attorneys' Fees: $37,304.94 (10% of principal balance and interest, as authorized by the warrant of attorney) Total $413,274.32 plus additional accrued interest, attorneys' fees, and costs of suit Certification The undersigned certifies that: (a) this praecipe is based on a judgment entered by confession, and (b) notice was served pursuant to Rule 295 as evidenced by the certificate of service attached hereto as Exhibit B. Date: Owfce Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. teven J. Sc if , Esq. Merritt C. Reitz , Esq. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 nik 7?.5 F O J P C:'J SL> - i r ?F_ FQ- er-• A `'kjdlf . . Wd I ti: Z '6Z *AvN 3WI1 03A 1303N EXHIBIT "A" ALL THAT CERTAIN piece, parcel or lot of land together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Western right of way line of Jennifer Circle (50.00 feet pride), said point being located at the Northeastern corner of Lot No. 72; thence along the Northern boundary line of Lot No. 72, South seventy-five (75) degrees forty (40) minutes thirteen (13) seconds West, for a distance of one hundred ten (110.00) feet, to a point in line of Lot No. 47; thence partially along the Eastern boundary line of Lot No. 47 and along the Eastern boundary line of Lot No. 48 and Lot No. 49, the following courses and distances: North fourteen (14) degrees nineteen (19) minutes forty- seven (47) seconds West, for a distance of twenty-one and forty-eight hundredths (21.48) feet, to a point; thence North four (04) degrees forty (40) minutes twenty-two (22) seconds West, for a distance of one hundred ten and thirty-four hundredths (110.34) feet to a point at the Southwestern corner of Lot No. 70; thence along the Southern boundary line of Lot No. 70, South eighty-four (84) degrees nineteen (19) minutes forty-seven (47) seconds East, for a distance of one hundred nine and fifty-six hundredths (109.56) feet, to a point on the Western right of way line of Jennifer Circle (50.00 feet wide); thence along said right of way line on the arc of a circle curving to the left, having a radius of one hundred ninety (190.00) feet, and an arc length of sixty-six and thirty-two hundredths (66.32) feet, to a point; thence along same South fourteen (14) degrees nineteen (19) minutes forty-seven (47) seconds East, for a distance of twenty-seven and eighty hundredths (27.80) feet, to a point and the place of BEGINNING. THIS piece, parcel or lot of land contains approximately 12, 067 square feet to land, and is known and numbered as Lot No. 71 on the Final Subdivision Plan for Good Hope Farms South, Phases X and XI, which is recorded in Cumberland County Plan Book 90, Page 90. BEING THE SAME PREMISES which The McNaughton Company, a PA corporation, by Deed bearing date the 3 day of June, 2005, and recorded on 7 day of June, 2005 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 269, Page 1317, granted and conveyed unto Zimmer Grove Homes, Inc., a PA corporation. I Certify this to be, recorded TAX MAP 10-19-1602-205 Iu Cuniberland County PA -' Rnf Deeds 9.1.9.2 6 PG 121 6Z/6Z 39Vd NNd8 NN3d QIW 09LTOZGLTL bb:ET 800Z/6Z/9A ?,c ? ? b `4- 13 tL??e2ly "? CCIVED :_ti= IC;E OF FHONOTARY 2008 JAN 25 PM F= 10 L DAUPHIN COUNTY PENNA Steven J. Schiffinan, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 Pa ID Nos. 25488 & 92069 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA V. No. 2007-CV-12208-NT ZIMMER GROVE HOMES, INC., Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the Confession of Judgment, Complaint in Confession of Judgment, and the notices required under Pa. R.C.P. 236, 2737.1 and 2958.1 were served upon the following on January 7, 2008, as evidenced by the attached U.S. Certified Mail Return Receipt, which service satisfies the requirements of Pa. R.C.P. 403, at the following address: Zimmer Grove Homes, Inc. 5751 Union Deposit Road Harrisburg, PA 17111 A B;j I ?h/ Merritt C. Reitzel, EsgkrS/ Pa ID Nos. 25488 & 92069 Counsel for Defendants ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addossed to: XIC A. s ? agent X ? addressee ? B. ecdv by( Pri: A.. C.'Date of Delivery i D. Is delivery address ditrwd from item 1? ? Yes N YEs, enter delivery address below: ? No / 3. Service Type f ycertlfled mail ? Express, Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number, + 7006 0810 0006 7589 8218 PS Form 3811, February 2004 Domestic Return Receipt 102595-0244-1540 D8-1446, Term PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY OF THE COURT OF COMMON PLEAS r-' OF CUMBERLAND COUNTY, PENNSYLVANIA L = c . -n RE: Mid Penn Bank v. Zimmer Grove Homes Court of Common Pleas of Dauphin County, Pennsylvania Civil Term, 2007, No. 12208 cn Pursuant to Pa. R.C.P. 3002, kindly enter judgment against the Defendant in the amount of $379,267.69 in accordance with the following documents attached hereto: (1) Certified copy of all docket entries in the above-captioned case; and (2) Certification of the amount of the judgment in the above- captioned case; and respectively enter the judgment in the appropriate dockets and in the judgment index against Defendant. Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON P.C. Date: By St6ven J. Sc-hif n an, Esquire Merritt C. Reitzel, E "q ire Pa. I.D. Nos. 25488 & 92069 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110 (717) 540-9170 Counsel for Plaintiff t Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, VS. ZIM ER GROVE HOMES, INC. Defendant IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-1923 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 I, Merritt C. Reitzel, Esquire, attorney for Mid Penn Bank, plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning a tract of real property commonly known as 1810 Stable Lane (Lot #13 Hunters Gates Development), Hampden Township, Mechanicsburg, PA 17050 (full legal description attached hereto): 1. Name and address of owner(s) or reputed owner(s): Name ZIMMER GROVE HOMES, INC Address 5751 UNION DEPOSIT ROAD HARRISBURG, PA 17111 2. Name and address of defendant(s) in the iudmnent: Name ZIMMER GROVE HOMES, INC. Address 5751 UNION DEPOSIT ROAD HARRISBURG, PA 17111 3. Name and address of every iudonent creditor whose iud¢ment is a record lien on the real property to be sold: Name Address { MID PENN BANK 349 Union Street Millersburg, PA 17061 YORK CORRUGATING COMPANY 120 South Adams Street York, PA 17404 YORK CORRUGATING COMPANY 407 North Front Street c/o Attorney Robert D. Kodak PO Box 11848 Harrisburg, PA 17108-1848 BRADCO SUPPLY, WICKES LUMBER 13 Production Way Avenel, NJ 07001 BRADCO SUPPLY, WICKES LUMBER 407 North Front Street c/o Attorney Robert D. Kodak PO Box 11848 Harrisburg, PA 17108-1848 AMERICAN/HUNGERFORD 2339 Beville Road BUILDING PRODUCTS Daytona Beach, FL 32119 AMERICAN/HUNGERFORD 107 Boas Street BUILDING PRODUCTS Harrisburg, PA 17102-1533 c/o Attorney John Kundrat MASCO CONTRACTING SERVICES 2339 Beville Road Daytona Beach, FL 32119 MASCO CONTRACTING SERVICES 107 Boas Street c/o Attorney John Kundrat Harrisburg, PA 17102-1533 4. Name and address of the last recorded holder of every mortgage of record: Name MID PENN BANK Address 349 Union Street Millersburg, PA 17061 5. Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address 2 !- 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name CUMBERLAND COUNTY TAX CLAIM BUREAU Address ONE COURTHOUSE SQUARE CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX OFFICE COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE TECHNICAL SUPPORT GROUP P.O. Box 2675 HARRISBURG, PA 17105 P.O. Box 320 CARLISLE, PA 17013 1400 SPRING GARDEN ST. PHILADELPHIA, PA 19130 6'H FLOOR, STRAWBERRY SQUARE DEPARTMENT #280601 HARRISBURG, PA 17128 WILLOW OAK BUILDING PO Box 8486 HARRISBURG, PA 17105-8486 WILLIAM GREEN FEDERAL BUILDING Room 3259, 600 ARCH STREET PHILADELPHIA, PA 19106 I verify that the statements made in this affidavit are true and personal knowledge or information and belief I understand that made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsown Date correct to the best of my false statements herein are falsification to authorities. Attorney for Plaintiff Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. COUNSEL FOR PLAINTIFF PA ID Nos. 25488 & 92069 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 MID PENN BANK, VS. ZIMMER GROVE HOMES, INC. Defendant TAKE NOTICE: IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-1923 : CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.1 That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 10, 2008 TIME: 10:00 am LOCATION: CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is commonly known as 5130 Jennifer Circle, (Lot #71 on the Final Subdivision Plan for Good Hope Farms South), Hampden Township, Mechanicsburg, PA 17050. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and county to: t i No. 08-1445 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: ZIMMER GROVE HOMES, INC. A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County 30 days after the sale and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within 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 PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE: 1. You may file a petition with the Court to open the judgment if you have a meritorious defense against the judgment that has been entered against you. You may also file a petition with the 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 to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE BILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition raising the legal issues or rights mentioned above must be presented to the Court, and must be served on the attorney for the creditor or the creditor itself 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 Cumberland County, before a presentation to the Court. SHERIFF'S OFFICE Wdlti Z '6Z'AVN 3WIi 03AI303N EXHIBIT "A" ALL THAT CERTAIN piece, parcel or lot of land together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Western right of way line of Jennifer Circle (50.00 feet wide), said point being located at the Northeastern corner of Lot No. 72; thence along the Northern boundary line of Lot No. 72, South seventy-five (75) degrees forty (40) minutes thirteen (13) seconds West, for a distance of one hundred ten (110.00) feet, to a point in line of Lot No. 47; thence partially along the Eastern boundary line of Lot No. 47 and along the Eastern boundary line of Lot No. 48 and Lot No. 49, the following courses and distances: North fourteen (14) degrees nineteen (19) minutes forty- seven (47) seconds West, for a distance of twenty-one and forty-eight hundredths (21.48) feet, to a point; thence North four (04) degrees forty (40) minutes twenty-two (22) seconds West, for a distance of one hundred ten and thirty-four hundredths (110.34) feet to a point at the Southwestern corner of Lot No. 70; thence along the Southern boundary line of Lot No. 70, South eighty-four (84) degrees nineteen (19) minutes forty-seven (47) seconds East, for a distance of one hundred nine and fifty-six hundredths (109.56) feet, to a point on the Western right of way line of Jennifer Circle (50.00 feet wide); thence along said right of way line on the arc of a circle curving to the left, having a radius of one hundred ninety (190.00) feet, and an arc length of sixty-six and thirty-two hundredths (66.32) feet, to a point; thence along same South fourteen (14) degrees nineteen (19) minutes forty-seven (47) seconds East, for a distance of twenty-seven and eighty hundredths (27.80) feet, to a point and the place of BEGINNING. THIS piece, parcel or lot of land contains approximately 12, 067 square feet to land, and is known and numbered as Lot No. 71 on the Final Subdivision Plan for Good Hope Farms South, Phases X and XI, which is recorded in Cumberland County Plan Book 90, Page 90. BEING THE SAME PREMISES which The McNaughton Company, a PA corporation, by Deed bearing date the 3 day of June, 2005, and recorded on 7 day of June, 2005 i n the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 2 69, Page 1317, g ranted and conveyed unto Zimmer Grove H omes, Inc., a PA corporation. I Certify this to be recorded TAX MAP 10-19-1602-205 In Curnberland County PA ?' ?. ?..?,.r A f T)eeds .1'?.c,,,?- - aw. .1.9-,2.6 Pfi 1: 2. S EZ/6Z 39Vd ANUS NN3d QIW 09LTOZ64TL bb:£T 800Z/6Z/90 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1445 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID PENN BANK, Plaintiff (s) From ZIMMER GROVE HOMES, INC. (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 $328,359.36 Interest to 8/29/08 - $44,690.07 Atty's Comm $37,304.94% Atty Paid $101.50 Plaintiff Paid Date: 9/03/08 (Seal) L.L.$ 0.50 Due Prothy $2.00 Other Costs/Late Fees: $2,919.95 s Proth By: tel? Deputy REQUESTING PARTY: Name: MERRITT C. REITZEL, ESQUIRE Address: SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 LINGLESTOWN ROAD, SUITE 201 HARRISBURG, pa 17110-9670 Attorney for: PLAINTIFF Telephone: 717-540-9170 Supreme Court ID No. 92069 f ' MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.: 2008-01445 ZIMMER GROVE HOMES, INC., a Pennsylvania Corporation, Defendant PRAECIPE TO RELEASE JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly release the above-captioned Judgment, but only with regard to that certain property more particularly described on Exhibit "A" attached hereto. Respectfully submitted, MI By N& Tit: ALL THOSE CERTAIN twenty (20) pieces, parcels or tracts of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, in which it is more fully bounded and described as follows, to wit: TRACT NO. 1 - Lot No. T-51: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. 10 and Lot No. T-51; thence extending along lineof Lot No. 10. South thirty-five(35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, forty and no one-hundredths (40.00) feet to a point at a corner of Lot No. T-52; thence extending along line of Lot No. T-52, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, one hundred and no one-hundredths (100.00) feet to a point on the western dedicated right of way line of Crooked Drive: thence extending along dedicated right of way line of Crooked Drive, South fifty-four (54) degrees twenty (20) minutes zero (00) seconds East, forty and no one-hundredths (40.00) feet to a point, the point and place of BEGINNING. CONTAINING 4,000 square feet. BEING Lot No. T-51 of the Final Subdivision Plan of Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 2 - Lot No. T-52: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-51 and Lot No. T-52; thence extending along line of Lot No. T-51, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, twenty and no one-hundredths (20.00) feet to a point at a corner of Lot No. T-53; thence extending along line of Lot No. T-53, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, one hundred and no one- hundredths (100.00) feet to a point along the right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, twenty and no one- hundredths (20.00) feet to a point, the point and place of BEGINNING. CONTAINING 2,000 square feet. BEING Lot No. T-52 of the Final Subdivision Plan of Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 3 - Lot No. T-53: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-52 and Lot No. T-53; thence extending along line of Lot No. T-52, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point alongline of Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, twenty-four and no one-hundredths (24.00) feet to a point at a corner of Lot No. T-54: thence extending along line of Lot No. T-54, North thirty-five (35) degrees forty (40) minutes zero (00) secondsEast, one hundred and no one-hundredths (100.00) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, twenty-fourand no one- hundredths (24.00) feet to a point, the point and place of BEG INNING. CONTAINING 2,400 square feet. BEING Lot No. T-53 of the Final Subdivision Plan of Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 4- Lot No. T-54: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-53 and Lot No. T-54; thence extending along line of Lot No. T-53, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along lineof Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, twenty-four and no one-hundredths (24.00) feet to a point at a corner of Lot No. T-55; thence extending along line of Lot No. T-55, North thirty-five (35) degreesforty (40) minutes zero (00) seconds East, one hundred and no one-hundredths (100.00) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, twenty-fourand no one- hundredths (24.00) feet to a point, the point and place of BEGINNING. CONTAINING 2,400 square feet. BEING Lot No. T-54 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 5 - Lot No. T-55: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-54 and Lot No. T-55; thence extending along line of Lot No. T-54, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet toa point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three(83) degrees forty (40) minutes zero (00) seconds West, twenty-two and ninety-four one-hundredths (22.94) feet to a point at a corner of Lot No. T-56; thence extending along line of Lot No. T-56, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, ninety- five and ten one-hundredths(95.10) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive the following three courses and distances: 1) on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of sixteen and fifty-six one-hundredths (16.56) feet, a chord bearing of North seventy-one (71) degrees three (03) minutes twenty-eight (28) seconds East, sixteen and fifty one- hundredths (16.50) feet; 2) on a line curving to the righthaving a radius of five and no one-hundredths (5.00) feet, an arc length of five and forty-six one-hundredths (5.46) feet, a chord bearing of South eighty-five (85) degrees thirty-five (35) minutes twenty-four(24) seconds East, five and nineteen one-hundredths (5.19) feet to a point; and 3) South fifty- four (54) degrees twenty (20) minutes one (01) second East, six and one one-hundredths (6.01) feet to a point, the point and place of BEGINNING. CONTAINING 2,013 square feet. BEING Lot No. T-55 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 6 - Lot No. T-56: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-55 and Lot No. T-56; thence extending along line of Lot No. T-55, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, ninety-five and ten one-hundredths (95.10) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three(83) degrees forty (40) minutes zero (00) seconds West, seventy-seven and thirty-eight one-hundredths (77.38) feet to a point at a corner of Lot No. T-57; thence extending along line of Lot No. T-57, North fifty-three (53) degrees fifty-nine (59) minutes twenty-eight (28) seconds East, one hundred twenty-two and fifteen one-hundredths (122.15) feet to a point along the right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive on a line curving to the left havinga radius of sixty and no one-hundredths(60.00) feet, an arc length ofthirty-fourand fifteen one-hundredths (34.15) feet, a chord bearing of South eighty-four (84) degrees forty-four (44) minutes four (04) seconds East, thirty-three and sixty-nine one- hundredths (33.69) feet to a point, the point and place of BEGINNING. CONTAINING 4,510 square feet. BEING Lot No. T-56 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 12 1. TRACT NO. 7 - Lot No. T-57: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-56 and Lot No. T-57; thence extending along line of Lot No. T-56, South fifty-three(53) degrees fifty-nine(59) minutes twenty-eight (28) seconds West, one hundred twenty-two and fifteen one-hundredths (122.15) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three(83) degrees forty (40) minutes zero (00) seconds West, seventy-seven and thirty-eight one-hundredths (77.38) feet to a point at a comer of Lot No. T-58; thence extending along line of Lot No. T-58, North sixty-three(63) degrees fifty-five(55) minutes eight (08) seconds East, one hundred seventy-three and forty-two one-hundredths (173.42) feet to a point along right of way line of Crooked Drive; thence extending along right ofway line of Crooked Drive on a line curving to the left having a radius of sixty and no one-hundredths(60.00) feet, an arc length of twenty-three and ninety-sixone-hundredths(23.96) feet, a chord bearing of South Fifty-six (56) degrees fifty-nine (59) minutes thirty-one (31) seconds East, twenty-three and eighty one-hundredths (23.80) feet to a point, the point and place of BEGINNING. CONTAINING 4,953 square feet. BEING Lot No. 'r-57 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 8 - Lot No. T-58: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-57 and Lot No. T-58; thence extending along line of Lot No. T-57, South sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds West, one hundred seventy-three and forty-two one-hundredths (173.42) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three (83) degrees forty (40) minutes zero (00) seconds West, thirty-seven and thirty-one one-hundredths (37.31) feet to a point at a corner of Lot No. T-59; thence extending along line of Lot No. T-59, North sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds East, two hundred one and forty-nine one-hundredths (201.49) feet to a point along right of way line of Crooked Drive; thence extending along right of way line ofCrooked Drive on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of twenty and thirty-nine one-hundredths (20.39) feet, a chord bearing ofthirty-five(35) degrees forty-nine(49) minuteszero (00) seconds East, twenty and twenty-nineone-hundredths(20.29) feet to a point, the point and place of BEGINNING. CONTAINING 3,737 square feet. BEING Lot No. T-58 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 9 - Lot No. T-59: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-58 and Lot No. T-59; thence extending along line of Lot No. T-58, South sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds West, two hundred one and forty-nine one-hundredths (201.49) feet to a point at a comer of Lot No. 129; thence extending along line of Lot No. 129, North twenty-six (26) degrees four (04) minutes fifty-two (52) seconds West, twenty and no one-hundredths (20.00) feet to a point at a corner of Lot No. T-60; thence extending along line of Lot No. T-60 the following two (2) courses and distances: 1) North sixty-three (63) degrees fifty-five(55) minutes eight (08) seconds East, one hundred seventy-seven and seventy one-hundredths (177.70) feet to a point; and, 2) North seventy-seven (77) degrees twenty (20) minutes thirty-seven (37) seconds East twenty-six and fourteen one-hundredths (26.14) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of fourteen and six one-hundredths (14.06) feet, a chord bearing of South nineteen (19) degrees twenty-two(22) minutes eight (08) seconds East, fourteen and three one-hundredths (14.03) feet to a point, the point and place of BEGINNING. CONTAINING 3,970 square feet. BEING Lot No. T-59 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 10 - Lot No. T-60: BEGINNING at a point of the western right of way line of Crooked Drive at the dividing line of Lot No. T-59 and Lot No. T-60; thence extending along line of Lot No. T-59 the following two (2) courses and distances: 1) South seventy-seven (77) degrees twenty(20) minutes thirty-seven (37) seconds West, twenty-six and fourteen one-hundredths (26.14) feet to a point, and 2) South sixty-three(63) degrees fifty-five(55) minutes eight (08) seconds West, one hundred seventy-seven and seventy one-hundredths (177.70) feet to a point along line of Lot No. 129; thence extending along line of Lot No. 129 the following three (3) courses and distances: 1) North twenty-six (26) degrees four (04) minutes fifty-two(52) seconds West, a distance offorty-twoand fifty one-hundredths(42.50) feetto a point; 2) South eighty-eight (88) degrees fifty-two(52) minutes twenty-four(24) seconds West, one hundred sixteen and ninety-seven one-hundredths (116.97) feet to a point: and, 3) South sixty-two (62) degrees fifty-six (56) minutes forty-five (45) seconds West, sixty- eight and twenty-eight one-hundredths (68.28) feet to a point; thence South seventy-four (74) degrees forty-six (46) minutes eighteen (18) seconds West, one hundred twenty-nine and sixty-three one-hundredths (129.63) feet to a point; thence North nine (09) degrees nine (09) minutes twenty (20) seconds West, sixty-eight and fifty-three one-hundredths (68.53) feet to a point, a corner of Lot No. T-61 on said plan; thence extending along said Lot No. T-61 the following two (2) courses and distances: ])North seventy-seven(77) degrees seventeen (17) minutes fifty-three(53) seconds East, a distance of three hundred seventy-eight and seventy-three one-hundredths (378.73) feet to a point; and, 2) South eighty- three (83) degrees eleven (11) minutes four (04) seconds East, a distance of one hundred forty-eight and eight hundredths (148.08) feet to a point on Crooked Drive; thence on a line curving to the left having a radius of sixty (60) feet, with an arc distance of twenty and thirty-nine one-hundredths (20.39) feet, with a chord bearing of South two (02) degrees fifty- five(55) minutes fourteen (14) seconds East, a chord distance of twenty and twenty-nine one-hundredths (20.29) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 33,517 square feet. BEING Lot No. T-60 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 1 I - Lot No. T-61: BEGINNING at a point on the Western right of way line of Crooked Drive at the dividing line of Lot No. T-61 and Lot No. T-60; thence along line of Lot No. T-60 the following two (2) courses and distances: 1) North eighty-three (83) degrees eleven (11) minutes four (04) seconds West, a distance of one hundred forty-eightand eight one-hundredths (148.08) feet to a point, and 2) South seventy-seven (77) degrees seventeen (17) minutes fifty-three (53) seconds West, a distance of three hundred seventy-eight and seventy-three one-hundredths (378.73) feet to a point; thence North nine (09) degrees nine (09) minutes twenty (20) seconds West, a distance ofsixty-eightand fifty-threeone-hundredths(68.53) feet to a point in line of Interstate 81 right of way; thence extendingalong said right of way the following two (2) courses and distances: I) North seventy-seven (77) degrees seventeen (17) minutes fifty-three (53)seconds East, one hundred forty-one and two one-hundredths (141.02) feet to a point, and 2) North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, three hundred seven and seventy-five one-hundredths (307.75) feet to a point, a corner of Lot No. T-62; thence extending along said Lot No. T-62 the following two (2) courses and distances: 1) South forty-two (42) degrees ten (10) minutes fourteen (14) seconds East, one hundred nineteen and sixty-three one-hundredths (119.63) feet to a point; and, 2) South sixty-three (63) degrees forty-two (42) minutes forty-six (46) seconds East, twenty-one and seventy one-hundredths (21.70) feet to a point on the Western right of line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left, having a radius of sixty (60) feet, an arcdistance of twenty and thirty-nine one-hundredths (20.39) feet, with a chord bearing of South sixteen (16) degrees thirty-three (33) minutes five (05) seconds West, a chord distance of twenty and twenty-nineone-hundredths(20.29) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 38,935 square feet. BEING Lot No. T-61 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 12 - Lot No. T-62: BEGINNING at a point on the Northerly right of way line of Crooked Drive at the dividing line of Lot No. T- 61 and Lot No. T-62: thence extending along Lot No. T-62 the following two (2) courses and distances: 1) North sixty- three (63) degrees forty-two (42) minutes forty-six (46) seconds West, a distance of twenty-one and seventy one- hundredths (21.70) feet; and, 2) North forty-two (42) degrees ten (10) minutesfourteen (14) seconds West, a distance of one hundred nineteen and sixty-three one-hundredths (119.63) feet to a point in line of Interstate 81 right of way; thence extending along said right ofway, North seventy-four(74) degrees zero (00) minutes forty-two(42) seconds East, a distance of twenty-two and twenty-nine one-hundredths (22.29) feet to a point, a corner of Lot No. T-63; thence extending along said Lot No. T-63 the following two (2) courses and distances: 1) South forty-two(42) degrees ten (10) minutes fourteen (14) seconds East, a distance of one hundred six and forty-one one-hundredths (106.41) feet to a point; and, 2) South forty-nine (49) degrees twenty-one(21) minutes five (05) seconds East, a distance of twenty and no one- hundredths (20.00) feet to a point on the Northerly right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left with a radius of sixty (60) feet, an arc distance of fifteen and four one- hundredths (15.04) feet, a chord bearing of South thirty-three (33) degrees twenty-eight(28) minutes five (05) seconds West, a chord distance of fifteen and no one-hundredths (15.00) feetto a point, the first mentioned point and place of BEGINNING. CONTAINING 2,620 square feet. BEING Lot No. T-62 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 13 - Lot No. T-63: BEGINNING at a point on the Northern right of way line of Crooked Drive at the dividing line of Lot No. T-62 and Lot No. T-63; thence extending along Lot No. T-62 time following two(2) courses and distances: ])North forty-nine (49) degrees twenty-one (21) minutes five (05) seconds West, a distance of twenty and no one-hundredths (20.00) feet; and, 2) North forty-two(42) degrees ten (10) minutes fourteen (14) seconds West, a distance of one hundred six and forty-one one-hundredths (106.41) feet to a point in line of Interstate 81 right of way; thence extending along said right of way, North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, a distance of twenty-two and twenty-nine one-hundredths (22.29) feet to a point, a corner of Lot No. T-64; thence extending along said Lot No. T-64 the following two (2) courses and distances: ])South forty-two(42) degrees ten (10) minutes fourteen (14) seconds East, a distance of ninety-six and fifty-eightone-hundredths (96.58) feet to a point, and 2) South thirty-four(34) degrees fifty- nine (59) minutes twenty-three (23) seconds East, twenty and no one-hundredths (20.00) feet to a point set on the Northern right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of fifteen and four one-hundredths (15.04) feet, with a chord bearing of South forty-seven (47) degrees forty-nine(49) minutes forty-six(46) seconds West, a chord distance of fifteen and no one-hundredths (15.00) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2,373 square feet. BEING Lot No. T-63 on time Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 14 - Lot No. T-64: BEGINNING at a point on the Northeastern right of way of Crooked Drive at the dividing line of Lot No. T-63 and Lot No. T-64; thence extending along said Lot No. T-63 the followingtwo (2) courses and distances: 1) North thirty- tour (34) degrees fifty-nine (59) minutes twenty-three (23) seconds West, adistance of twenty and no one-hundredths (20.00) feet: and, 2) North forty-two (42) degrees ten (10) minutes fourteen (14) seconds West, a distance of ninety-six and fifty-eight one-hundredths (96.58) feet to a point in lineof Interstate 81 right of way; thence extending along said right of way North seventy-four(74) degrees zero (00) minutes forty-two (42) seconds East, twenty-twoand twenty-nine one-hundredths (22.29) feet to a point, a corner of Lot No. T-65 on said plan; thence extending along said Lot No. T-65 the following two (2) courses and distances: 1) South forty-two(42) degrees ten (10) minutes fourteen (14) seconds East, ninety and thirteen one-hundredths (90.13) feet to a point; and 2) South twenty(20) degrees thirty-seven (37) minutes forty-two (42) seconds East, twenty-one and seventy one-hundredths (21.70) feet to a point set on the Northeastern right of way of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of fifteen and four one-hundredths (15.04) feet, with a chord bearing of South sixty-two (62) degrees eleven (11) minutes twenty-seven (27) seconds West, a chord distance of fifteen and no one- hundredths (15.00) feet to a point, the first mentioned point place of BEGINNING. CONTAINING 2,227 square feet. BEING Lot No. T-64 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 15 - Lot No. T-65: BEGINNING at a point on the Northeast right of way of Crooked Drive at the dividing line of Lot No. T-64 and Lot No. T-65; thence extending along said Lot No. T-64 the following two (2) courses auth distances; 1) North twenty (20) degrees thirty-seven (37) minutes forty-two (42) seconds West, twenty-one and seventy one-hundredths (21.70) feet; and, 2) North forty-two (42) degrees ten (10) minutes fourteen (14) seconds West, ninety and thirteen one- hundredths (90.13) feet to a point in line of Interstate 81 right of way; thence extending along said right of way, North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, a distance of eighty-eight and fifty one- hundredths (88.50) feet to a point, a corner of Lot No. T-66; thence extending along said Lot No. T-66 and through a four (4) foot wide access easement, South one (01) degree twenty-six (26) minutes twenty-five (25) seconds East, a distance of one hundred seven and sixty-nine one-hundredths (107.69) feet to a point on the Northeast right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of twenty and nine one-hundredths (20.09) feet, with a chord bearing South seventy-eight (78) degrees fifty-seven (57) minutes fifty-seven (57) seconds West, a chord distance of twenty and no one-hundredths (20.00) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 5,227 square feet. BEING Lot No. T-65 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91 Page 121. TRACT NO. 16: INTENTIONALLY OMITTED TRACT NO. 17 - Lot No. T-67: BEGINNING at a point at the Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-66 and Lot No. T-67; thence extending along said Lot No. T-66, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East one hundred thirty and thirty-five one-hundredths (130.35) feet to a point; thence extending South twenty -seven (27) degrees fifty-nine (59) minutes twenty-one (21) seconds East, twenty-two and thirty- two one-hundredths (22.32) feet to a point, a corner of Lot No. T-68; thence extending along said Lot No. T-68, South thirty-live (35) degrees forty (40) minutes zero (00) seconds West, a distance of one hundred seventeen and fifty-six one- hundredths (1 17.56) feet to a point set on the Northeast right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radiusof sixty (60) feet, an arc distance of twenty and thirty one-hundredths(20.30) feet, with a chord bearing ofNorth sixty-two(62) degrees thirty-three(33) minutes twenty- six (26) seconds West, a chord distance of twenty and twenty-one one-hundredths (20.21) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2,468 square feet. BEING Lot No. T-67 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 18 - Lot No. T-68: BEGINNING at a point at the Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-67 and Lot No. T-68; thence extending from said beginning point and measured along Lot No. T-67, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, a distance of one hundred seventeen and fifty-six one- hundredths(1 17.56) feet to a point; thence extending South twenty-seven(27) degrees fifty-nine(59) minutes twenty-one (21) seconds East, a distance of twenty-five and seventy-eight one-hundredths (25.78) feet to a point, a corner of Lot No. T-69; thence extending along said Lot No. T-69, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, a distance of one hundred eleven and thirty-six one-hundredths (111.36) feet to a point on the Northeast right of way line of Crooked Drive; thence extending along said Crooked Drive on a line curving tothe left having a radius of sixty (60) feet with an arc distance of twenty-four and eighty-four one-hundredths (24.84) feet, with a chord bearing of North forty-one(41) degrees zero (00) minutes five (05) seconds West, a chord distance oftwenty- four and sixty-six one- hundredths (24.66) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2,726 square feet. BEING Lot No. T-68 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 19 - Lot No. T-69: BEGINNING at a point at time Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-68 and Lot No. T-69; thence extending from said beginning point and measured along Lot No. T-68, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, a distance of one hundred eleven and thirty-six one- hundredths(] 11.36) feet to a point; thence extending the followingtwo (2) courses and distances: 1) South twenty-seven (27) degrees fifty-nine (59) minutes twenty-one (21) seconds East, four and sixty one-hundredths (4.60) feet; and 2) North seventy (70) degrees thirty-two(32) minutes forty (40) seconds East, a distance ofthirty-fourand seventy-six one- hundredths (34.76) feet to a point, a corner of Lot No. T-70; thence extending along said Lot No. T-70, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West a distance of one hundred fifty-eight and twenty-eight one- hundredths (158.28) feet to a point on the Northeast right of way line of Cooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of thirty-one and ninety one-hundredths (31.90) feet, a chord bearing of North thirteen (13) degrees fifty-four (54) minutes thirty-two (32) seconds West, a chord distance of thirty-one and fifty-three one-hundredths (31.53) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 3,112 square feet. BEING Lot No. T-69 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 20 - Lot No. T-70: BEGINNING at a point at the Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-69 and Lot No. T-70; thence extending from said beginning point and measured along Lot No. T-69, North thirty-five (35) degrees (40) minutes zero (00) seconds East, a distance of one hundred fifty-eightand twenty-eightone- hundredths (158.28) feet to a point; thence extending North seventy (70) degrees thirty-two (32) minutes forty (40) seconds East, thirty-five and ninety-eight one-hundredths (35.98) feet to a point, a corner of Lot No. T-71; thence extending along said Lot No. T-71, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred ninety-five and eighty-twoone-hundredths(195.82) feet to a point on the Northeast right of way line of Crooked Drive; thence along Crooked Drive the followingthree (3) courses and distances: 1) North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, eleven and eighty-eight one-hundredths (11.88) feet to a point of curve; 2) on a line curving to the right having a radius of five (5) feet an arc distance of five and forty-six one-hundredths (5.46) feet, with a chord bearing of North twenty-three(23) degrees four (04) minutes thirty-six (36) seconds East, a chord distance of five and nineteen one-hundredths (5.19) feet toa point; and, 3) on a line curving to the left having a radius of sixty (60) feet an arc distance of seven and eighteen one-hundredths (7.18) feet, with a chord bearing of North four (04) degrees forty-five (45) minutes five (05) seconds West, a chord distance of seven and eighteen one-hundredths (7.18) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 3,604 square feet. BEING Lot No. T-70 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 21 - Lot No. T-71 BEGINNING at a point at the East dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-70 and Lot No. T-71; thence extending from said beginning point and measured along Lot No. T-70, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, one hundred ninety-fiveand eighty-twoone-hundredths (195.82) feet to a point; thence extending North seventy (70) degrees thirty-two (32) minutes forty (40) seconds East, sixty-nine and ninety-f ive one-hundredths (69.95) feet to a point, a corner of Lot No. 14 Existing Phase II; thence extending along said Lot No. 14 Existing Phase II, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, two hundred fifty-three and twenty-one one-hundredths (253.21) feet to a point on the East dedicated right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive, North fifty-four(54) degrees nineteen (19) minutes fifty- five (55) seconds West, forty and no one-hundredths (40.00) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 8,981 square feet. BEING Lot No. T-71 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. (,Zl oho tLb ? - O 'D tam r7 c b? _ 1 1J ry V & P kaw' nr 7aa'qMtn?- Whereas, Maas PEW BANK has obtained a judgment in Cumberland County against Zimmer Grove Homes in the amount of $379,267,69 and filed 03/04/2008 as Docket #2008-01445 which judgment by law binds all the heal Estate then of the said Zimmer Grove Homes situate in the said Cumberland County, Pennsylvania for the payment thereof' And Whereas, the said MID PENN BANK at the time of the obtaining of the said Judgment is seized and possessed of inter alma, SeeAttached ErhibitA Now Know aU Men by these Presents, that the said MID PENN BANK at the request of the said Zimmer Grove Homes and for and in consideration of the sum of $0 in hand well and truly paid by the said Zimmer Grove Homes is hereby acknowledged, both for itself and its successors, covenant, promise and agree to and with the said Zimmer Grove Homes, heirs and assigns, by these presents, that it will not at any time or tunes hereafter sell or dispose of, attach or levy upon or claim or demand the aforesaid premises, with the appurtenances, or any part thereof m or by virtue of the aforesaid Judgment, or claim any estate therein: SO THAT the said Zimmer Grove Homes, heirs and assigas, shall and may hold the same, free and clear of and from the Judgment aforesaid: P3rovided$ however, that nothing herein contained shall invalidate the lien or security of the said Judgment upon the other estate ofthe said Zimmer Grove Homes. In witness whereof, the said MID PENN JJq??BANK bath hereunto caused to be affixed its common or corporate seal, duly attested, this day of 2008. Siped, Sealed and Delivered In the Presence of MD PENN BANK By a tS cc President VP 9ZL-3 E10/800d M9-1 SOOT-EES-LLL AITuag A@gslaH-WOH3 9Z:LL 80,-L0-L0 f • _ Fidelity National Title InSUMIMCi'i A (Continued) File No. 08-0277 LEGAL DESCRIPTION All that Certain piece or parcel or land situated in East Pennsboro Township, Cumberland County, Pennsylvania, in which it is more fully bounded and described as follow, to wit: BEGINNING at a point at the Northeast right of way line of Crooked Drive at the dividing line of Lot No. T-65 and Lot No. T-65 and Lot No. T-66; thence extending from said beginning point and measured along Lot No. T-65 and through a four (4) foot wide access easement, North on (01) degree twenty-six (26) minutes twenety-five (25) seconds West, a distance of one hundred seven and sixty-nine one-hundredths (107.69) feet to a point in line ')f Interstate 81 right of way;. Thence extending along said right of way, North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, a distance of eighty-six and seventy-three one-hundredths (86.73) feet to a point ; thence South tweny-seven (27) degrees fifty-nine (59) minutes twenty-one (21) seconds East, a distance of thirty-two and twenty-five one-hundredth (32.25) feet to a point, a corner of Lot No. T-67 on said plan; thence extending along said Lot No. T-67, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West , a distance of one hundred thirty and thirty-five one-hundredths (130.35) feet to a point set on the Northeast right of way line of Crooked Drive; thence extending along said Crooked Drive on line curving to the left, having a radius of sixty (60) feet, an arc distance of twenty and nine one-hundredths (20.09) feet, with a chord bearing of North eighty-one (81) degrees fifty (50) minutes forty-six (46) seconds West, a chord distance of twenty and no one- hundredths (20.00) feet to a point, the first mentioned point and place of Beginning. CONTAINING 7.809 square feet. BEING Lot No. T-66 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. ALTA Commitment Schedule A (Continued) \Q , tt V Cb ?a -- %4z _ 'r , r <= _ .?" t; : max-' ' 1 ' T7 • y ti c 0 n COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Mid Penn Bank is the grantee the same having been sold to said grantee on the 10th day of December A.D., 202008, under and by virtue of a writ Execution issued on the 3rd day of Se tep mber, A.D., 202008, out of the Court of Common Pleas of said County as of Civil Term, civil 0;- Number 1445, at the suit of Mid Penn Bank against Zimmer Grove Homes Inc is duly recorded as Instrument Number 200901283. IN TESTIMONY WHEREOF, I have hereunto set my hand an d eal of said office this ?lp day of A.D. n / 7 /? f I of Deeds ??i, Cu;nbDezr.d Courty, CarL54, PA ?.? r z L gym;; ba First manday of Jan. 2010 Mid Penn Bank VS Zimmer Grove Homes, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-1445 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Zimmer Grove Homes, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Dauphin County Return: And Now, September 23, 2008 at 1025 hours served the within Real Estate Writ, Notice of Sale and Description upon the defendant, Zimmer Grove Homes, Inc., by handing to William Grove, adult in charge, at 5751 Union Deposit Road, Harrisburg, PA 17111. So Answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania. Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2008 at 1122 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Zimmer Grove Homes, Inc., located at 5130 Jennifer Circle, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Zimmer Grove Homes, Inc., by regular mail to their last known address of 5751 Union Deposit Road, Harrisburg, PA 17111. This letter was mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Merritt C. Reitzel on behalf of Mid Penn Bank. It being the highest bid and best price received for the same, Mid Penn Bank of 349 Union Street, Millersburg, PA 17061, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,278.91. Sheriffs Costs: Docketing $30.00 Poundage 25.08 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 12.00 Levy 15.00 Surcharge 20.00 Out of County 9.00 Dauphin County 47.25 Law Journal 485.00 Patriot News 455.66 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 ?a 3?t) $1,278.91 ? ? So Answers: R. Thomas Kline, Sheriff BY L Real Estate ergeant 7-7 .7.av sO /7U4 73 6 4.714 Q " f7 +f P O ` % :Nc Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, VS. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1445 ZIMMER GROVE HOMES, INC. Defendant : CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 I, Merritt C. Reitzel, Esquire, attorney for Mid Penn Bank, plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning a tract of real property commonly known as 5130 Jennifer Circle, Hampden Township, Mechanicsburg, Pennsylvania (full legal description attached hereto): 1. Name and address of owner(s) or reputed owner(s): Name ZIMMER GROVE HOMES, INC. Address 5751 UNION DEPOSIT ROAD HARRISBURG, PA 17111 2. Name and address of defendant(s) in the iudament: Name ZIMMER GROVE HOMES, INC. Address 5751 UNION DEPOSIT ROAD HARRISBURG, PA 17111 3. Name and address of eve 'ud ent creditor whose 'ud ment is a record lien on the real property to be sold: Name Address MID PENN BANK 349 Union Street Millersburg, PA 17061 YORK CORRUGATING COMPANY 120 South Adams Street York, PA 17404 YORK CORRUGATING COMPANY 407 North Front Street c/o Attorney Robert D. Kodak PO Box 11848 Harrisburg, PA 17108-1848 BRADCO SUPPLY, WICKES LUMBER 13 Production Way Avenel, NJ 07001 BRADCO SUPPLY, WICKES LUMBER 407 North Front Street c/o Attorney Robert D. Kodak PO Box 11848 Harrisburg, PA 17108-1848 AMERICAN/HUNGERFORD 2339 Beville Road BUILDING PRODUCTS Daytona Beach, FL 32119 AMERICAN/HUNGERFORD 107 Boas Street BUILDING PRODUCTS Harrisburg, PA 17102-1533 c/o Attorney John Kundrat 0LSZEWSKI A T & CO 107 Boas Street c/o Attorney John Kundrat Harrisburg, PA 17102-1533 4. Name and address of the last recorded holder of every mortyaze of record: Name MID PENN BANK Address 349 Union Street Millersburg, PA 17061 2 5. Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address 7. Name and address of every person of whom the plaintiff has knowledge who has anv interest in the property which may be affected by the sale: Name CUMBERLAND COUNTY TAX CLAIM BUREAU Address ONE COURTHOUSE SQUARE CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX OFFICE COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE TECHNICAL SUPPORT GROUP P.O. Box 2675 HARRISBURG, PA 17105 P.O. Box 320 CARLISLE, PA 17013 1400 SPRING GARDEN ST. PHILADELPHIA, PA 19130 6TH FLOOR, STRAWBERRY SQUARE DEPARTMENT #280601 HARRISBURG, PA 17128 WILLOW OAK BUILDING PO Box 8486 HARRISBURG, PA 17105-8486 WILLIAM GREEN FEDERAL BUILDING ROOM 3259, 600 ARCH STREET PHILADELPHIA, PA 19106 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. § 4904 relating to unsown falsification to authorities. CI/I D e 4 MID PENN BANK, VS. ZIMMER GROVE HOMES, INC. Defendant TAKE NOTICE: IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-1445 : CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.1 That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 10, 2008 TIME: 10:00 am LOCATION: CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property (SEE DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is commonly known as 5130 Jennifer Circle, Hampden Township, Mechanicsburg, Pennsylvania. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and county to: No. 08-1445 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: ZIMMER GROVE HOMES, INC. A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County 30 days after the sale and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within 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 PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD. OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE: 1. You may file a petition with the Court to open the judgment if you have a meritorious defense against the judgment that has been entered against you. You may also file a petition with the 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 to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE BILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition raising the legal issues or rights mentioned above must be presented to the Court, and must be served on the attorney for the creditor or the creditor itself 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 Cumberland County, before a presentation to the Court. SHERIFF'S OFFICE Wdlti l 'HUN MH 03AI333N EXHIBIT "A" ALL THAT CERTAIN piece, parcel or lot of land together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Western right of way line of Jennifer Circle (50.00 feet wide), said point being located at the Northeastern corner of Lot No. 72; thence along the Northern boundary line of Lot No. 72, South seventy-five (75) degrees forty (40) minutes thirteen (13) seconds West, for a distance of one hundred ten (110.00) feet, to a point in line of Lot No. 47; thence partially along the Eastern boundary line of Lot No. 47 and along the Eastern boundary line of Lot No. 48 and Lot No. 49, the following courses and distances: North fourteen (14) degrees nineteen (19) minutes forty- seven (47) seconds West, for a distance of twenty-one and forty-eight hundredths (21.48) feet, to a point; thence North four (04) degrees forty (40) minutes twenty-two (22) seconds West, for a distance of one hundred ten and thirty-four hundredths (110.34) feet to a point at the Southwestern corner of Lot No. 70; thence along the Southern boundary line of Lot No. 70, South eighty-four (84) degrees nineteen (19) minutes forty-seven (41) seconds East, for a distance of one hundred nine and fifty-six hundredths (109.56) feet, to a point on the Western right of way line of Jennifer Circle (50.00 feet wide); thence along said right of way line on the arc of a circle curving to the left, having a radius of one hundred ninety (190.00) feet, and an arc length of sixty-six and thirty-two hundredths (66.32) feet, to a point; thence along same South fourteen (14) degrees nineteen (19) minutes forty-seven (47) seconds East, for a distance of twenty-seven and eighty hundredths (27.80) feet, to a point and the place of BEGINNING. THIS piece, parcel or lot of land contains approximately 12, 067 square feet to land, and is known and numbered as Lot No. 71 on the Final Subdivision Plan for Good Hope Farms South, Phases X and XI, which is recorded in Cumberland County Plan Book 90, Page 90. BEING THE SAME PREMISES which The McNaughton Company, a PA corporation, by Deed bearing date the 3 day of June, 2005, and recorded on 7 day of June, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 269, Page 1317, granted and conveyed unto Zimmer Grove Homes, Inc., a PA corporation. I Certify this to be recorded TAX MAP 10-19-1602-205 III Cumberland County PA 89-149-2. 6 PG 12'.1 UR. EZ/EZ 39Vd ANV9 NN3d GTW 09LIOZ6LIL PP-ET 800Z/6Z/90 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1445 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID PENN BANK, Plaintiff (s) From ZIMMER GROVE HOMES, INC. (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 $328,359.36 Interest to 8/29/08 - $44,690.07 Atty's Comm $37,304.94% Atty Paid $101.50 Plaintiff Paid Date: 9/03/08 (Seal) REQUESTING PARTY: Name: MERRITT C. REITZEL, ESQUIRE L.L.$ 0.50 Due Prothy $2.00 Other Costs/Late Fees: $2,919.95 Address: SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 LINGLESTOWN ROAD, SUITE 201 HARRISBURG, pa 17110-9670 Attorney for: PLAINTIFF Telephone: 717-540-9170 Supreme Court ID No. 92069 Real Estate Sale #58 On September 5, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as,5130 , enviiCr C? cje-> Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 5, 2008 By: J Real Esta e S e t rgean PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 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. Marie Coyne, Editor SWOIN''I'O AND SUBSCRIBED before me this I 4 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2008-1445 Civil Mid Penn Bank VS. Zimmer Grove Homes, Inc. Atty.: Merritt Reitzel EXHIBIT "A" ALL THAT CERTAIN piece, parcel or lot of land together with improve- ments, situated in Hampden Town- ship, Cumberland County, Pennsyl- vania, and bounded and described as follows: BEGINNING at a point on the Western right of way line of Jennifer Circle (50.00 feet wide), said point being located at the Northeastern corner of Lot No. 72; thence along the Northern boundary line of Lot No. 72, South seventy-five (75) degrees forty (40) minutes thirteen (13) seconds West, for a distance of one hundred ten (110.00) feet, to a point in line of Lot No. 47; thence partially along the Eastern boundary line of Lot No. 47 and along the Eastern boundary line of Lot No. 48 and Lot No. 49, the following courses and distances: North fourteen (14) degrees nineteen (19) minutes forty-seven (47) seconds West, for a distance of twenty-one and forty-eight hundredths (21.48) feet, to a point; thence North four (04) degrees forty (40) minutes twenty-two (22) seconds West, for a distance of one hundred ten and thirty-four hun- dredths (110.34) feet to a point at the Southwestern corner of Lot No. 70; thence along the Southern boundary line of Lot No. 70, South eighty-four (84) degrees nineteen (19) minutes forty-seven (47) seconds East, for a diatance of one hundred nine and fifty-Wx hundredthe (109.56) fat, to a point on the Wreetem right of way line of Jennifer Circle (50.00 feet wide); thence along said right of way line on the arc of a circle curv- ing to the left, having a radius of one hundred ninety (190.00) feet, and an arc length of sixty-six and thirty-two hundredths (66.32) feet, to a point; thence along same South fourteen (14) degrees nineteen (19) minutes forty-seven (47) seconds East, for a distance of twenty-seven and eighty hundredths (27.80) feet, to a point and the place of BEGINNING. THIS piece, parcel or lot of land contains approximately 12, 067, square feet to land, and is known and numbered as Lot No. 71 on the Final Subdivision Plan for Good Hope Farms South, Phases X and XI, which is recorded in Cumberland County Plan Book 90, Page 90. BEING THE SAME PREMISES which The McNaughton Company, a PA corporation, by Deed bearing date the 3 day of June, 2005, and recorded on 7 day of June, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 269, Page 1317, granted and conveyed unto Zimmer Grove Homes, Inc., a PA corporation. TAX MAP 10-19-1602-205. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot-News 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: 10/29/08 11/06/08 -? 11112108 Sworn to an scribed before me this 9r'-d of November, 2008 A.D. Notary Pu lic COMMONWEALTH OF PENNSYLVANIA Notanai Sea! Sherrie L_ Kisner, Notary Public i 1 City Of Harrisburg; Dauphin County i L My Cormnissior. Expires Nov. 2s 2 l f ti Member Pennsylvania Association of Notaries Real Estate Sale No. 58 Writ No. 200-1446 COM Tom Wd Perm Bank VS Zimmer Grove Homes, Inc. , Aftonwy` Merritt Reitzel LEGAL DESCRIPTION EXHIBIT "A;, ALL THAT CERTAIN piece, parcel or lot of land together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the western right of way he of Jennifer Circle (50. 00 feet wide), said point being located at the northeastern corner of Lot No. 72; thence along the Northern boundary line of Lot No. 72, South seventy-five (75) degrees forty (40) minutes thirteen (13) seconds West, for a distance of one hundred ten (110.00) feet, to a point in'line of Lot No. 47i thence partially along the Eastern boundary line of Lot No. 47 and along the Eastern boundary line of Lot No. 48 and Lot No. 49, the following courses and distances: North fourteen (14) degrees nineteen (19) minutes forty-seven (47) seconds West, for a distance of twenty-one and forty-eight hundredths (21.48) feet, to a point; thence North four (04) degrees forty (40) minutes twenty two (22) seconds west, for a distance of one hundred ten and thirty-four hundredths (110.34) feet to a point at the Southwestern comer of Lot No. 70; thence along the Southern boundary line of Lot No. 70, South eighty-four (84) degrees nineteen (19) minutes forty-seven (47) seconds East, for a distance of one hundred nine and fifty-six hundredths (109.56) feet, to a point on the Western right of way he of Jennifer Circle (50.00 feet wide): thence along said right of way line on the arc of a circle curving to the left, having a radius of one hundred ninety (190.00) feet, and an arc length of sixty-six and thirty-two hundredths (66.32) feet, to a point; thence along same South fourteen (14) degrees nineteen (19) minutes forty-seven (47) seconds East, for a distance of twenty-seven and eighty hundredths (27.80) feet, to a point and, the place of BEGINNING. THIS piece, parcel or lot of land contains approximately 12,067 square feet to land, and is known and numbered as Lot No. 71 on the Final Subdivision Plan for Good Hope Farms South, Phases X and XI, which is recorded in C066W Curry pwal ak,90, Pa" 50 BEING THE SAYS MWOM .6.h 7tte hk1MiO*" Coatpf W. a PA carp4[ aw by Dead bea "40 the 3 dal of kro6, 20915, and recorded on 7 day of June, 2005 is the Office of the kecorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 269, fame 1317, granted and conveyed unto Zimmer Gte.e Homes, Inc., a PA corporation. TAX MAP 10-19-1602-205