HomeMy WebLinkAbout08-1923
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. p$ _ lga3 Oivi I Ter*
CIVIL ACTION-LAW
ZIMMER GROVE HOMES, INC,
Defendant
CONFESSION OF JUDGMENT FOR MONEY
Pursuant to the authority contained in the warrants of attorney, copies of which
are attached to the complaint filed in this action, I appear for Defendant and confess
judgment in favor of Plaintiff and against Defendant as follows:
Loan Number: 500040787
Date of Note: 6/5/2007
Principal Balance: $499,260.00
Interest through 3/10/2008: $11,335.38
Late Fees: $798.27
Attorneys' Fees: $51,059.54
(10% of principal balance and interest,
as authorized by the warrant of attorney)
Total $562,453.19 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.
Stu&ven J. Schiff an, Esq.
Merritt C. Reitzel,
SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
PA ID Nos. 25488 & 92069
Date !5/1 fos
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
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
ZIMMER GROVE HOMES, INC,
Defendant
No. Dg- Civtt TcrM
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.
2. Defendant is a Pennsylvania corporation with its primary place of business
located at 5751 Union Deposit Road, Harrisburg, PA, 17111.
3. On or about June 5, 2007, Plaintiff extended a loan to Defendant in the
amount of $504,000.00.
4. To evidence its indebtedness under the $504,000.00 loan, Defendant
contemporaneously made, executed, and delivered to Plaintiff a Note dated June 5,
2007.
5. Attached as Exhibit A is a true and correct copy of the Note dated June 5,
2007, which authorizes judgment by confession.
6. Contrary to the terms and provisions of the Note, Defendant failed to make
payments when due under the terms thereof.
7. Defendant's failure to make payments when due constitutes a default
under the terms of the Note.
8. Under the terms of the Note, Defendant is liable for attorneys' fees equal
to 10% of the outstanding principal balance and interest.
9. The judgment sought herein is not against a natural person in connection
with a consumer credit transaction.
10. The attached instrument has not been assigned.
11. Judgment has not been entered in any jurisdiction on the attached
instrument authorizing confession.
12. As the result of its default, Defendant is liable to Plaintiff as follows:
Loan Number:
Date of Note:
500040787
6/5/2007
Principal Balance: $499,260.00
Interest through 3/10/2008: $11,335.38
Late Fees: $798.27
Attorneys' Fees: $51,059.54
(10% of principal balance and interest,
as authorized by the warrant of attorney)
Total $562,453.19 plus additional
accrued interest, attorneys'
fees, and costs of suit
(Interest will continue to accrue as authorized by the Note)
WHEREFORE, Plaintiff demands judgment by confession in the amount of
$562,453.19 plus additional interest, attorneys' fees, and costs, as authorized by the
warrant of attorney.
Respectfully submitted,
SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C.
St6W J. Schiffman, qq.
Merritt C. Reitzel, E
SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
PA ID Nos. 25488 & 92069
Date: 4 fq [OR
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
By: e (? cJ)V--`-r
Robert McDonald
Date: 462"--y0 8
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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 loan or item.
Any item above containing "`"'" has been omitted due to text length limitations.
Borrower: Zimmer Grove Homes, Inc. (TIN: 23-2951187) Lender: Mid Penn Bank
5751 Union Deposit Road Allentown Boulevard
Harrisburg, PA 17111 5500 Allentown Boulevard
Harrisburg, PA 17112
Principal Amount: $504,000.00 Initial Rate: 10.250% Date of Note: June 5, 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 Five Hundred Four Thousand & 00/100 Dollars ($504,000.00) or so much as may be
outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of
each advance until repayment of each advance.
PAYMENT. Borrower will pay this loan in full Immediately upon Lender's demand. If no demand is made, Borrower will pay this loan in one
payment of all outstanding principal plus all accrued unpaid Interest on June 1, 2008. In addition, Borrower will pay regular monthly payments
of all accrued unpaid interest due as of each payment date, beginning July 1, 2007, 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 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding
principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address
shown above or at such other place as Lender may designate in writing.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an 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 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 8.2500/6 per annum. The interest
rate to be applied to the unpaid principal balance during this, Note will be at a rate of 2.000 percentage points over the Index, resulting in an initial rate
of 10.250% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable
law.
PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject
to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower
may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve
Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance
due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment,
Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to
Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment
constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must
be mailed or delivered to: Mid Penn Bank, Allentown Boulevard, 5500 Allentown Boulevard, Harrisburg, PA 17112.
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, the interest rate on this Note 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 Note, 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 ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of
the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Borrower.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note
or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading
at any time thereafter.
Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver
for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any
proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This
includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies
or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note.
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.
PROMISSORY NOTE
Loan No: 500040787 (Continued)
Page 2
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance
under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender
that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a
lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and
appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either
Lender or Borrower against the other.
GOVERNING LAW. This Note will be governed by 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 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 instruments listed herein:
(A) a Construction Mortgage dated June 5, 2007, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
(B) collateral described in a Commercial Security Agreement dated June 5, 2007.
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 loan 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 unpaid principal balance owing on this Note at any time may be evidenced by
endorsements on this Note or by Lender's internal records, including daily computer print-outs.
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 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, Allentown Boulevard, 5500 Allentown Boulevard, Harrisburg, PA 17112.
GENERAL PROVISIONS. This Note 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 Note on its demand. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. 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 bylaw, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of
this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or
endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or
release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action
deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the
consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any
portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT
NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE
IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE
AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS
NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PROMISSORY NOTE
Loan No: 500040787 (Continued) Page 3
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE
INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
ZIMMER GROVE HOMES, INC.
By 09? resident of ZimmerGrove Seal)
Homes, In .
B: L `?
Y <!?-* ` - (Seal)
William R. Grove, Vice President of Zimmer Grove
Homes, inc.
USER PRO LmgnO. Vv. 5.35.00.004 Cop. MmW Rmmw Sdwiono. Mo. 1897. 20D7. AN fthu Reserved - PA PACFALPLUM.FC TRA392 PR-CLCONSTR
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Steven J. Schiffman, Esq.
Merritt C. Reitzel, Esq.
SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
PA ID Nos. 25488 & 92069
MID PENN BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. D$ - jga3 0,iva Ter"
ZIMMER GROVE HOMES, INC, :
Defendant CIVIL ACTION-LAW
NOTICE PURSUANT TO 42 Pa C S $ 2737.1
Please take notice that the Plaintiff in this matter has entered judgment by confession
against you in the amount of $562,453.19.
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 Cumberland 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 Carlisle,
Cumberland 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:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
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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.
If you were incorrectly identified and judgment was entered against you in error
you may be entitled to collect cost and reasonable attorney's fees as determined by the
Court.
8
i ... •
Rule 2959. 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.
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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
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
ZIMMER GROVE HOMES, INC,
Defendant
No. 08 - 149.3 civ?t lem
CIVIL ACTION-LAW
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
To: Zimmer Grove Homes, Inc.
5751 Union Deposit Road
Harrisburg, PA 17111
A judgment in the amount of $562,453.19 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 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
1 -6
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DON'T HAVE A LAWYER OR CANNON AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FOURTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
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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
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
ZIMMER GROVE HOMES, INC.
Defendant
TO: Zimmer Grove Homes, Inc.
5751 Union Deposit Road
Harrisburg, PA 17111
No. b8- (9a-S civ-tl Iler'ru+
CIVIL ACTION-LAW
NOTICE
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.
/O&Z
Date: 17 E4fotho tary
If you have any questions concerning this notice, please contact plaintiffs counsel at the
address and phone number above.
I . . M1
MID PENN BANK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS. No. 08-1923
ZIMMER GROVE HOMES, INC. : CIVIL TERM
Defendant
CERTIFICATE OF SERVICE
I do hereby certify that on April 28, 2008, I served a copy of the Notice Under Rule
2958.1 of Judgment and Execution Thereon by first-class mail, postage prepaid, in the Post
Office at Harrisburg, Pennsylvania, to the following person(s):
ZIMMER GROVE HOMES, INC.
5751 UNION DEPOSIT ROAD
HARRISBURG, PA 17111
as evidenced by the Certified Mail receipt and return of service attached hereto.
rritt C. Reitzel, q.
Counsel for Plain
PA I.D. No. 92069
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
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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,
VS.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
: No. 08-1923
ZIMMER GROVE HOMES, INC,
Defendant
TO THE PROTHONOTARY:
Please issue a Writ of Execution upon the judgment entered by confession in the above-
captioned matter,
: CIVIL TERM
PRAECIPE FOR WRIT OF EXECUTION
UPON A CONFESSED JUDGMENT
(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: $499,260.00
Interest through 5/27/08: $19,327.43
Late Fees: $798.27
Attorneys' Fees (calculated
at 10% of principal and interest,
as authorized by the Note) $51,938.57
AMOUNT DUE
$572,122.54
6
Certification
The undersigned certifies that: (a) this praecipe is based on a judgment entered by
confession, and (b) notice was served pursuant to Rule 2958.1, as evidenced by the certificate of
service attached hereto as Exhibit B.
Respectfully submitted,
SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P. C
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Sfeven J.`Schiffman, Eso.
Merritt C. Reitzel, E
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
PA ID Nos. 25488 & 92069
Date: da /C) a
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EXHIBIT "A"
ALL THAT CERTAIN piece, parcel, or tract of land being situate in the
Township of Hampden, County of Cumberland, and State of Pennsylvania,
being known as Lot No. 13 on a Plan of Lots entitled "Final
Subdivision Plan Hunter's Gate", prepared by Alpha Consulting
Engineers, Inc., New Cumberland, PA, dated 14 September 2005, and
recorded on 18 August 2006, in the Office of the Recorder of Deeds,
Cumberland County, in Plan Book 92, Page 146, described and bounded
as follows, to wit:
BEGINNING at a point on the northern edge of Stable Lane (fifty {50}
foot wide right-of-way) and a corner of Lot No. 14 as shown on above
plan; thence extending along said Lot No. 14, North ten (10) degrees
fifteen (15) minutes twenty-one (21) seconds East, a distance of one
hundred and thirty-one one-hundredths (100.31) feet to a point along
Lot No. 11 on above stated plan; thence extending along Lot No. 11,
South seventy-nine (79) degrees forty-four (44) minutes thirty-nine
(39) seconds East, a distance of one hundred ten and no one-
hundredths (110.00) feet to a point at a corner of Lot No. 12 on
above stated plan; thence extending along Lot No. 12, South ten (10)
degrees fifteen (15) minutes twenty-one (21) seconds West, a distance
of one hundred eighteen and sixteen one-hundredths (118.16) feet to a
point set along prior stated Stable Lane (fifty {50} foot wide right-
of-way); thence extending along Stable Lane the following two (2)
courses and distances: 1) North sixty-nine (69) degrees fifty-eight
(58) minutes twenty-four (24) seconds West, a distance of ninety-two
and eight one-hundredths (92.08) feet to a point; and 2) on a line
curving to the left having a radius of one hundred seventy-five and
no one-hundredths (175.00) feet, an arc length of nineteen and
thirty-nine one-hundredths (19.39) feet, a chord bearing of North
seventy-three (73) degrees eight (08) minutes fifty-four (54) seconds
West, a distance of nineteen and thirty-eight one-hundredths (19.38)
feet to a point, the point and place of BEGINNING. CONTAINING 11,963
square feet.
BEING PART OF THE SAME PREMISES which Classic Communities
Corporation, a PA corporation, by Deed bearing date the 13th day of
June, 2006, and recorded on 21st day of June, 2006 in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Record Book 275, Page 1164, granted and conveyed unto Builder
Preferred Development Group, LLC, a PA limited liability company.
UNDER AND SUBJECT TO restrictions
record.
PARCEL #10-14-0842-203
BK 19 95PG?248
and conditions as now appear of
ILiY fl is to be recorded
{ -11 ilber'and County PA
FJ:er of Deeds
MID PENN BANK,
VS.
Plaintiff
ZIMMER GROVE HOMES, INC.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-1923
CIVIL TERM
CERTIFICATE OF SERVICE
I do hereby certify that on April 28, 2008, I served a copy of the Notice Under Rule
2958.1 of Judgment and Execution Thereon by first-class mail, postage prepaid, in the Post
Office at Harrisburg, Pennsylvania, to the following person(s):
ZIMMER GROVE HOMES, INC.
5751 UNION DEPOSIT ROAD
HARRISBURG, PA 17111
as evidenced by the Certified Mail receipt and return of service attached hereto.
4' e jCZReitzel, Esq.
Counsel for Plaintiff
PA I.D. No. 92069
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
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102595-02-M-1540
PS Form 3811, February 2004 Domestic Retum Receipt
¦ Complete items 1, 2, and 3. Also complete
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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.
ZIMMER 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 judgment:
Name
ZIMMER GROVE HOMES, INC.
Address
5751 UNION DEPOSIT ROAD
HARRISBURG, PA 17111
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
w-
Name
MID PENN BANK
Address
349 Union Street
Millersburg, PA 17061
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 maybe affected by the sale:
Name
Address
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
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
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DEPARTMENT OF PUBLIC WELFARE
TPL CASUALTY UNIT
ESTATE RECOVERY PROGRAM
INTERNAL REVENUE SERVICE
TECHNICAL SUPPORT GROUP
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 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.
/9' 08
Date
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Steven J. Schiffinan, 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
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
TO: ZIMMER GROVE HOMES, INC.
5751 UNION DEPOSIT ROAD
HARRISBURG, PA 17111
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: September 3, 2008
TIME: -:- am/pm
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 1810 Stable Lane
(Lot #13 Hunters Gates Development), Hampden Township, Mechanicsburg, PA 17050.
AN. w
THE JUDGMENT under or pursuant to which your property is being sold is docketed in
the within Commonwealth and county to:
No. 08-1923
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.
A V.
2. After the Sheriffs 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
3
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EXHIBIT "A"
ALL THAT CERTAIN piece, parcel, or tract of land being situate in the
Township of Hampden , County of Cumberland, and State of Pennsylvania,
being known as Lot No. 13 on a Plan of Lots entitled "Final
Subdivision. Plan Hunter's Gate", prepared by Alpha Consulting
Engineers, Inc., New Cumberland, PA, dated 14 September 2005, and
recorded on 18 August 2006, in the Office of the Recorder of Deeds,
Cumberland County, in Plan Book 92, Page 146, described and bounded
as follows, to wit:
BEGINNING at a point on the northern edge of Stable Lane (fifty {50}
foot wide right-of-way) and a corner of Lot No. 14 as shown on above
plan; thence extending along said Lot No. 14, North ten (10) degrees
fifteen (15) minutes twenty-one (21) seconds East, a distance of one
hundred and thirty-one one-hundredths (100.31) feet to a point along
Lot No. 11 on above stated plan; thence extending along Lot No. 11,
South seventy-nine (79) degrees forty-four (44) minutes thirty-nine
(39) seconds East, a distance of one hundred ten and no one-
hundredths (110.00) feet to a point at a corner of Lot No. 12 on
above stated plan; thence extending along Lot No. 12, South ten (10)
degrees fifteen (15) minutes twenty-one (21) seconds West, a distance
of one hundred eighteen and sixteen one-hundredths (118.16) feet to a
point set along prior stated Stable Lane (fifty {50} foot wide right-
of-way); thence extending along Stable Lane the following two (2)
courses and distances: 1) North sixty-nine (69) degrees fifty-eight
(58) minutes twenty-four (24) seconds West, a distance of ninety-two
and eight one-hundredths (92.08) feet to a point; and 2) on a line
curving to the left having a radius of one hundred seventy-five and
no one-hundredths (175.00) feet, an arc length of nineteen and
thirty-nine one-hundredths (19.39) feet, a chord bearing of North
seventy-three (73) degrees eight (08) minutes fifty-four (54) seconds
West, a distance of nineteen and thirty-eight one-hundredths (19.38)
feet to a point, the point and place of BEGINNING. CONTAINING 11,963
square feet.
BEING PART OF THE SAME PREMISES which Classic Communities
Corporation, a PA corporation, by Deed bearing date the 13th day of
June, 2006, and recorded on 21st day of June, 2006 in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Record Book 275, Page 1164, granted and conveyed unto Builder
Preferred Development Group, LLC, a PA limited liability company.
UNDER AND SUBJECT TO restrictions
record.
PARCEL #10-14-0842-203
BKI995PG 24$
and conditions as now appear of
?fy t'll's Eo'be recorded
i'=r??e?'and County PA
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corder of Deeds
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1923 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 $499,260.00 L.L. $.50
Interest THROUGH 5/27/08 - $19,327.43
Atty's Comm % Due Prothy $2.00
Atty Paid $54.00 Other Costs LATE FEES - $798.27 ---
ATTORNEY'S FEES (CALCULATED AT 10% OF PRINICPAL AND INTEREST, AS
AUTHORIZED BY THE NOTE) - $51,938.57
Plaintiff Paid
Date: MAY 28, 2008
(Seal)
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
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C s R. Lon onota
By:
Deputy
Supreme Court ID No. 92069
I
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 CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 08-1923
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 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 iudement:
Name
ZIMMER GROVE HOMES, INC.
Address
5751 UNION DEPOSIT ROAD
HARRISBURG, PA 17111
3. Name and address of every iudament creditor whose iudament is a record lien on the
real property to be sold:
Name
Address
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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
DEER RIDGE CONSTRUCTION LLC
Address
7034 RACCOON VALLEY ROAD
MILLERSTOWN, PA 17062
DEER RIDGE CONSTRUCTION LLC
c/o Attorney John Kundrat
CUMBERLAND COUNTY
TAX CLAIM BUREAU
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
107 Boas Street
Harrisburg, PA 17102-1533
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
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 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.
U / ?? F
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Steven J. Schiff nan, 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. 08-1923
ZIMMER GROVE HOMES, INC,
Defendant
: CIVIL TERM
PRAECIPE TO SUBSTITUTE AFFIDAVIT
TO THE PROTHONOTARY:
Please substitute the attached Affidavit Pursuant to Rule 3129.1 in place of the Affidavit
Pursuant to Rule 3129.1 that was originally filed with Praecipe for Writ of Execution in this
matter on May 28, 2008.
Date: U / ,;)- /o E j
Respectfully submitted,
SERRATELLI, SCHIFFMAN, BROWNS CALHOON, P.C.
Steven J. Schiffr4ian, q.
Merritt C. Reitzel, sq
2080 Linglestown Ro , Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
PA ID Nos. 25488 & 92069
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CID
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MID PENN BANK,
Plaintiff
vs.
ZIMMER GROVE HOMES, INC.,
a Pennsylvania Corporation,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 2008-01923
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,
MID PENN BAN
Name:' f rw s'
Title:
ALL THOSE CERTAIN twenty (20) pieces, parcels or tracts of land situated in East Pennsboro
Townshiu, 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:
BEG INNING 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:
BEG INNING 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 ofway line ofCrooked 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:
BEG INNING 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 corner
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-threeand ninety-six one-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. T-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) minutes zero (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 corner 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 followingtwo (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: l) South
seventy-seven (77) degrees twenty (20) minutesthirty-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 of forty-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-eightand 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 oftwenty 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. 11 - 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 (1 1) minutes four (04) seconds West, a distance of one hundred forty-eight and 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 extending along said right of way the following two (2) courses
and distances: 1) 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 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-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: 1) 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 aline 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 wayNorth 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. "r-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 thedividing 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 (117.56) 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 of North 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(I 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-fourand 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 (1 11.36) feet to a point; thence extending the following two (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(] 58.28) 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-eight and 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 ofway 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) minuteszero (00) seconds East, one hundred ninety-five and 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-five 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 11, 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.
00
IUD
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7Zo. OF-/ 9a3
'"4P&/"" oF0&d90X4
Whereas, MID PENN BANK
has obtained a judgment in Cumberland County against Zimmer Grove Homes m the amount of
$562,453.19 and filed 03/226/2008 as Docket #2008-01923
which judgment by law binds all the Real Estate then of the said Zimmer Grove Homes situate
in the said Cumberland Comity, Peausylvam 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 alias
SeeAttachedZAihftA
Now Know all Men by these Presents, that the said MID PEN BAND
at the request of the said Zimmer Grove Homes and for and in consideration of the sum of $0 m
hand well and truly paid by the said Zimmer Grove Homes is hereby aclmowledged, both for
itself and its successors, covenant, prormse and agree to and with the said Zimmer Grove
Homes, heirs and assigns, by these presents, that it will not at any time or times hereafter sell or
dispose of, attach or levy upon or claim or demand the aforesaid premises, with the
appurtenances, or any part thereof, in or by virtue of the aforesaid Judgment, or claim any estate
therein: S4 THAT the said Zimmer Grove Homes, heirs and assigns, shall and may hold the
same, free and clear of and from the Judgment aforesaid:
Provided, however, that nothing herein contained shall invalidate the lien or security of
the said Judgment upon the other estate of the said Zimmer Grove Domes.
In witness whereof, the said MJD PENN BANK
hath hereunto caused to be affixed its common or corporate seal, duly attested, this day
of 2008.
Signed, Sealed and Delivered
In the Presence of
MU) PENN BANK
Viut President
931-9 £10/010d X69-1 SOOT-££S-M
AJ1P@H A@4S1@H-WWj 9Z:LT 80,-ZA-1.R
Fidelity National Title
Insurance A
TM
File No. 08-0277 (Continued)
All that Certain piece or parcel or land situated LEGAL DESCRIPTION
in which it is more fully bounded and described as follow, to wit:
in East Pennsboro Township, Cumberland
BEGINNING at a Point at the Northeast right of way line of Crooked
Lot No. T-65 and Lot No. the thence extending from said beginnin County, Pennsylvania
through a four and
foot wide access easement, North on (01 nn Drive at the dividing line of Lot No. T-65 and
,
9 point and measured along Lot No. T-65 and
seconds West' a distance of one hundred seven and sixty-nine one-h line
Interstate 81 right is wa ) gr twenty-six
(26) minutes to Point-five
minutes forty-two (42) Se??ds Ea t aed,s?tanrael of eighi Sght of way, undredths (107.69) feet to a
point ;thence South twen - tY x and seven North seventy-four (74) degree'szero (00f
thirty-two and twenty-five oneVhundred h (32.25) feet to a oint com?er - of three Lot one-hundredths (86.73) feet to a seconds West , a
extending along said Lot No. T-67, South thirty-five (35) degrees
67 distance of one hundred thirty and thirty-five one-hundredths (130.35) feet a point .set ro (0) said plan; thence
way line of Crooked Drive; thence extendin one 130 forty (40) minutes zero
ty (60) feet, an arc distance of g along said Crooked Drive on lin ne curvin
e Northeast right of
eighty-one (81) degrees f twenty and nine one-hundredths (20.09) feet, with a chord bearing of North
hundredths 81) d) feet to a point, the first mentioned 9 to the I eft, having a radius
of six Y (50) minutes forty-six (46) seconds West, a chord distance of
CONTAINING 7.809 square feet. Point and place of Beginning. twenty and no one-
BEING Lot No. T-66 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, page
ALTA Commitment
Schedule A (Continued)
r?s
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
I, Robert P. Ziwder, 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 3rd day of September A.D., A62008, under and by virtue of a writ Execution issued on the 28th day
of May 2008, A.D., 202008, out of the Court of Common Pleas of said County as of Civil Term, civil
cp.
Number 1923, at the suit of Mid Penn Bank against Zimmer Grove Homes Inc is duly recorded as
Instrument Number 200901279.
IN TESTIMONY WHEREOF, I have hereunto set my hand
an4eal of said office this day of
A.D. rX lJ??
of Deeds
900otdv aads, Cumbsdand County, CarWM, PA
My Comm' Expues the First Monday of Jan. 2010
`l Mid Penn Bank In the Court of Common Pleas of
VS Cumberland County, Pennsylvania
Zimmer Grove Homes, Inc. Writ No. 2008-1923 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, June 05, 2008 at 0936 hours served the within Real
Estate Writ, Notice of Sale and Description upon the defendant, Zimmer Grove Homes, Inc., by
handing to Bill Grove, adult in charge, at 5751 Union Deposit Road, Harrisburg, PA 17111. So
Answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July
24, 2008 at 1040 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Zimmer Grove Homes, Inc. located at
1810 Stable Lane, 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 July 15, 2008 and never returned to the Sheriff s
Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3,
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 $1,297.91.
Sheriffs Costs:
Docketing $30.00
Poundage 25.25
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 509.00
Patriot News 447.77
Share of Bills 17.64
Distribution of Proceeds 25.00
Sherifffs Deed 49.50 n
$1,297.91 ? Ip 3/0 2 `7Z,
So Answers:
0-0001
R. Thomas Kline, Sheriff
BY
Real Estate ergeant
`-8.00
.2.00
• S'o
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 08-1923 Civil
COUNTY OF CUMBERLAND) 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 gamishee(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 $499,260.00 L.L. $.50
Interest THROUGH 5/27/08 - $19,327.43
Atty's Comm %
Due Prothy $2.00
Atty Paid $54.00 Other Costs LATE FEES - $798.27 ---
ATTORNEY'S FEES (CALCULATED AT 10% OF PRINICPAL AND INTEREST, AS
AUTHORIZED BY THE NOTE) - $51,938.57
Plaintiff Paid
Date: MAY 28, 2008
6AiV4?d
C . Long, P notary
(Seal) By:
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
Real Estate Sale #65
On May 29, 2008 the Sheriff levied upon the
defendant's interest in the- real property situated in
Hampden Township, Cumberland County, PA
Known and numbered as 1810 Stable Lane, Mechanicsburg
more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: May 29, 2008 By:
Real 4Este Sergeant
b0 :11 V bZ AN 8001
W;
`tad °t? ? i s i i
JJif 3HS ]H ? _'31--j ?'`..
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
VS.
ZIMMER GROVE HOMES, INC.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYI.5V AWA
c o
t.
fi
,
No
08-1923
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.
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CIVIL TERM > C rn
2 r
AFFIDAVIT PURSUANT TO RULE 3129.1
I, Merritt C. Reitzel, Esquire, attorney for Mid Penn Bank, plaintiff in the above action, set
forth as pf 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 iudgment:
Name
ZIMMER GROVE HOMES, INC.
Address
5751 UNION DEPOSIT ROAD
HARRISBURG, PA 17111
3. Name and address of every iudgment creditor whose iudgment is a record lien on the
real property to be sold:
Name Address
A
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 knowledze who has any
interest in the property which may be affected by the sale:
Name
DEER RIDGE CONSTRUCTION LLC
Address
7034 RACCOON VALLEY ROAD
MILLERSTOWN, PA 17062
DEER RIDGE CONSTRUCTION LLC
c/o Attorney John Kundrat
CUMBERLAND COUNTY
TAX CLAIM BUREAU
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
107 Boas Street
Harrisburg, PA 17102-1533
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
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
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.
t 'j
Dat
3
WFEN
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
co C
MID PENN BANK
IN THE COURT OF COMMON PLEAS -- -' '
-71
j
,
Plaintiff CUMBERLAND COUNTY, PENNSVAIA
VS.
No. 08-1923
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 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 iudg-ment:
Name
ZIMMER GROVE HOMES, INC.
Address
5751 UNION DEPOSIT ROAD
HARRISBURG, PA 17111
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
MID PENN BANK
Address
349 Union Street
Millersburg, PA 17061
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 prope___yrt :
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 eves 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
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
2
DEPARTMENT OF PUBLIC WELFARE
TPL CASUALTY UNIT
ESTATE RECOVERY PROGRAM
INTERNAL REVENUE SERVICE
TECHNICAL SUPPORT GROUP
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 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.
V belo's
Date
lVl+erritt C. Rei
Attorney for F
3
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, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. .
No. 08-1923
ZIMMER GROVE HOMES, INC.
Defendant CIVIL TERM
n
-
Tj
NOTICE OF SHERIFF 'S SALE OF REAL ESTATE 4:r,, rv 'n
PURSUANT TO PA.RC.P. 3129.1
co
C
M 4
TO: ZIMMER GROVE HOMES, INC. C fV o m
5751 UNION DEPOSIT ROAD C
HARRISBURG, PA 17111
TAKE NOTICE:
That the Sheriff s Sale of Real Property (real estate) will be held:
DATE: September 3, 2008
TIME: -:- am/pm
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 1810 Stable Lane
(Lot #13 Hunters Gates Development), 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:
No. 08-1923
THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS:
ZIlVIMER 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
3 =• r
EXHIBIT "A"
ALL THAT CERTAIN piece, parcel, or tract of land being situate in the
Township of Hampden, County of Cumberland, and State of Pennsylvania,
being known as Lot No. 13 on a Plan of Lots entitled "Final
Subdivision Plan Hunter's Gate", prepared by Alpha Consulting
Engineers, Inc., New Cumberland, PA, dated 14 September 2005, and
recorded on 18 August 2006, in the Office of the-Recorder of Deeds,
Cumberland County, in Plan Book 92, Page 146, described and bounded
as follows, to wit:
BEGINNING at a point on the northern edge of Stable Lane (fifty (50}
foot wide right-of-way) and a corner of Lot No. 14 as shown on above
plan; thence extending along said Lot No. 14, North ten (10) degrees
fifteen (15) minutes twenty-one (21) seconds East, a distance of one
hundred and thirty-one one-hundredths (100.31) feet to a point along
Lot No. 11 on above stated plan; thence extending along Lot No. 11,
South seventy-nine (79) degrees forty-four (44) minutes thirty-nine
(39) seconds East, a distance of one hundred ten and no one-
hundredths (110.00) feet to a point at a corner of Lot No. 12 on
above stated plan; thence extending along Lot No. 12, South ten (10)
degrees fifteen (15) minutes twenty-one (21) seconds West, a distance
of one hundred eighteen and sixteen one-hundredths (118.16) feet to a
point set along prior stated Stable Lane (fifty (50} foot wide right-
of-way); thence extending along Stable Lane the following two (2)
courses and distances: 1) North sixty-nine (69) degrees fifty-eight
(58) minutes twenty-four (24) seconds West, a distance of ninety-two
and eight one-hundredths (92.08) feet to a point; and 2) on a line
curving to the left having a radius of one hundred seventy-five and
no one-hundredths (175.00) feet, an arc length of nineteen and
thirty-nine one-hundredths (19.39) feet, a chord bearing of North
seventy-three (73) degrees eight (08) minutes fifty-four (54) seconds
West, a distance of nineteen and thirty-eight one-hundredths (19.38)
feet to a point, the point and place of BEGINNING. CONTAINING 11,963
square feet.
BEING PART OF THE SAME PREMISES which Classic Communities
Corporation, a PA corporation, by Deed bearing date the 13th day of
June, 2006, and recorded on 21st day of June, 2006 in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Record Book 275, Page 1164, granted and conveyed unto Builder
Preferred Development Group, LLC, a PA limited liability company.
UNDER AND SUBJECT TO restrictions
record.
PARCEL #10-14-0842-203
8KI995PG2248
and conditions as now appear of
Ce?i y this to be recorded
rl C-u1rberiand County PA
'tecos der of Deeds
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:
July 18, July 25, and August 1, 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
SWOWTO AND SUBSCRIBED before me this
1 day of August, 2008
Notary ,
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Pubilc
CARLISLE BORO, CUMBERLAND COUNTY
My Commission ExPires Apr 28, 2010
Writ No. 2008-1923 Civil
Mid Penn Bank
VS.
Zimmer Grove Homes, Inc.
Atty.: Merritt Reitzel
EXHIBIT "A"
ALL THAT CERTAIN piece, parcel,
or tract of land being situate in the
Township of Hampden, County of
Cumberland, and State of Pennsyl-
vania being known as Lot No. 13 on
a Plan of Lots entitled "Final Subdivi-
sion Plan Hunter's Gate", prepared
by Alpha Consulting Engineers,
Inc., New Cumberland, PA, dated
14 September 2005, and recorded
on 18 August 2006, in the Office of
the Recorder of Deeds, Cumberland
County, in Plan Book 92, Page 146,
described and bounded as follows,
to wit:
BEGINNING at a point on the
northern edge of Stable Lane (fifty
(50) Foot wide right-of-way) and a cor-
ner of Lot No. 14 as shown on above
plan; thence extending along said Lot
No. 14, North ten (10) degrees fifteen
(15) minutes twenty-one (21) seconds
East, a distance of one hundred and
thirty-one one-hundredths (100.31)
feet to a point along Lot No. 11 on
above stated plan; thence extending
along Lot No. 11, South seventy-nine
(79) degrees forty-four (44) minutes
thirty-nine (39) seconds East, a dis-
tance of one hundred ten and no one-
hundredths (110.00) feet to a point at
a corner of Lot No. 12 on above stated
plan; thence extending along Lot No.
12, South ten (10) degrees fifteen (15)
minutes twenty-one (21) seconds
West, a distance of one hundred
eighteen and sixteen one-hundredths
(118.16) feet to point set along prior
stated Stable Lane ffifty f5l)) f??r
wide right of-way); Lnence exiencung
along Stable Lane the following two
(2) courses and distances: 1) North
sixty-nine (69) degrees fifty-eight (58)
minutes twenty-four (24) seconds
West, a distance of ninety-two and
eight one-hundredths (92.08) feet to
a point; and 2) on a line curving the
left having a radius of one hundred
seventy-five and no one-hundredths
(175.00) feet, an arc length of nine-
teen and thirty-nine one-hundredths
(19.39) feet, a chord
73r de bearing
eight (OS)
seventy-three (73)
minutes fifty-four (54) seconds West,
a distance of nineteen and thirty-
eight one-hundredths (19.38) feet
f of
to a point, the point and place BEGINNING. CONTAINING 11,963
square feet.
BEING PART OF THE SAME
PREMISES which Classic Communi-
ties Corporation, a PA corporation,
by Deed bearing date the 13th day
of June, 2006, and recorded on 21st
day of June, 2006 in the Office of
the Recorder of Deeds in
Pennsylvania,
Cumberland County, 1164,
in Record Book 275, Page
granted and conveyedt Gunto Builder
roup, L??
Preferred DeveloF
a PA limited liability company.
UNDER AND SUBJECT TO re-
strictions and conditions as now
appear of record.
PARCEL #10-14-0842-203.
"rhe Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
the PatriotwXews
Now you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Michael J. Morrow, being duly sworn according to law, deposes and says:
That he is the 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:
07/23/08
07/30/08
08/06/08
!008 A.D.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sherrie L Kisner, Notary Public
City Of Harrisburg; Dauphin County
mM*Sbn Expires Nov. 26, 2011
Pennsylvania Association of Notaries
Heal Estate Sale No. 65
Writ No. 2008-1923 Civil Term
Mid Penn Bank
VS
Zimmer Grove Homes, Inc.
Attorney Merritt Reitzel
LEGAL DESCRIPTION
ALL THAT CERTAIN piece, parcel, or tract of
land being situate in the Township of Hampden,
County of Cumberland, and State of
Pennsylvania, being known as Lot No. 13 on a
Plan of Lots entitled "Final Subdivision Plan
Hunter's Gate", prepared by Alpha Consulting
Engineers, Inc., New Cumberland, PA, dated 14
September 2005, and recorded on 18 August
2006, in the Office of the Recorder of Deeds.
Cumberland County, in Plan Book 92, Page 146,
described and bounded as follows, to wit:
BEGINNING at a point on the northern edge of
Stable Lane (fifty (50) foot wide right-of-way)
and a comer of Lot No. 14 as shown on above
plan; thence extending along said Lot No. 14,
North ten (10) degrees fifteen (15) minutes
twenty-one (21) seconds East, a distance of one
hundred and thirty-one one-hundredths (100.31)
feet to a point along Lot No, 11 on above stated
plan; thence extending along Lot No. 11. South
seventy-nine (79) degrees forty-four (44)
minutes thirty-nine (39) seconds Fast, a distance
of one hundred ten and no one-hundredths
(I W.00) feet to a point at a comer of Lot No. 12
on above stated plan; thence extending along L kn
No. 12, South ten (10) degrees fifteen (151
minutes twenty-one (21) seconds West, a
distance of one hundred eighteen and sixteen
one-hundredths (118.16) feet to a point set along
prior stated Stable Lane (fifty {50}foot wide
right-of-way); thence extending along Stable
Lane the following two (2) courses and
distances: 1) North sixty-nine (69) degrees fifty-
eight (58) minutes twenty-four (24) seconds
West, a distance of ninety-two and eight one-
hundredths (9208) feet to a point; and 2) on a
line curving to the left having a radius of one
hundred- seventy-five and no one-hundredths
(175.00) feet, an arc length of nineteen and
thirty-nine one-hundredths (19.39) feet, a chord
bearing of North seventy-three (73) degrees
eight (08) minutes fifty-four (54) seconds West.
a distance of nineteen and thirty-eight one-
hundredths (19.38) feet to a point, the point and
place of BEGINNING. CONTAINING 11,963
square feet.
BEING PART OF THE SAME PREMISES
which Classic Communities Corporation, a PA
corporation, by Deed bearing date the 13th day
of June, 2006, and recorded on 21 st day of June.
2006 in the Office of the Recorder of Deeds in
,.nd for Cumberland County, Pennsylvania, in
Record Book 275, Page 1164, granted and
conveyed unto Builder Preferred Development
Group, LLC, a PA limited liability company.
UNDER ANDSUBJECT TO restrictions and
conditions as now appear of record.
PARCEL #10-14-0842-203