HomeMy WebLinkAbout08-6339MID PENN BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :CASE NO. aiv'll ltrN
827 W. TRINDLE PARTNERS, MORTON S. : CIVIL ACTION
KOPPERMAN, & GARY M. KOPPERMAN:
Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice
are served by entering a written appearance personally or by attorney and filing in writing with
the court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17048
717-249-3166
LAW OFFICES OF MARKIAN R. SLOBODIAN
By
MARKIAN R. SLOBODIAN, ESQ.
Dated: (d t/ L-? l & a
I.D. No. 41075
801 North Second Street
Harrisburg, PA 17102
(717) 232-5180
Attorneys for Plaintiff
MID PENN BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO.
827 W. TRINDLE PARTNERS, MORTON S. : CIVIL ACTION
KOPPERMAN, & GARY M. KOPPERMAN:
Defendants
COMPLAINT
NOW COMES, Plaintiff, The Mid Penn Bank ("Mid Penn"), by its counsel, The Law
Offices of Markian R. Slobodian, and files the following Complaint against Defendants 827 W.
Trindle Partners, Morton S. Kopperman, and Gary M. Kopperman:
1. Plaintiff, Mid Penn, is a Pennsylvania banking institution having a principal office
at 349 Union Street, Millersburg, Dauphin County, Pennsylvania 17061.
2. Defendant, 827 W. Trindle Partners ("Trindle Partners"), is a Pennsylvania general
partnership having a principal place of business at 981 Ridgebury Drive, South Park, Allegheny
County, Pennsylvania 15129.
3. Defendant, Morton S. Kopperman, is an adult individual residing at 981 Ridgebury
Drive, South Park, Allegheny County, Pennsylvania 15129.
4. Defendant Gary M. Kopperman, is an adult individual residing at 17 North 26"'
Street, Camp Hill, Cumberland County, PA 17011.
5. Defendants Morton S. Kopperman and Gary M. Kopperman are general partners of
Defendant Trindle Partners.
6. On or about December 30, 2005 in connection with a certain loan made by Mid Penn
to Defendant Trindle Partners made, executed, and delivered to Mid Penn a certain note in the
initial amount of One Hundred Seventy-Five Thousand Dollars and 00/100 ($175,000.00) (the
"Note'), which is payable to Mid Penn in sixty (60) monthly installments of $1,395.00, based
upon an amortization of 20 years with interest calculated at an initial rate of 7.25° per annum
with a final payment of all outstanding principal, all accrued and unpaid interest, and any
other charges due
and payable in full on or before January 1, 2026. A true and correct copy of the Note is attached
hereto and made a part hereof as Exhibit "A".
7. The Note further provides that "If there is a lawsuit, Borrower agrees upon Lender's
request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of
Pennsylvania."
8. The Note allows Mid Penn to collect attorney's fees and legal expenses in the event
of loan default.
9. Defendant's obligation to Mid Penn is further evidenced by a business loan
agreement dated December 30, 2005. A true and correct copy of the business loan agreement is
attached hereto and made a part hereof as Exhibit "B".
10. As security for Defendants' obligation under the Note, Defendant Trindle Partners,
on or about December 30, 2005, made, executed, and delivered to Mid Penn a mortgage (the
"Mortgage") granting to Mid Penn a first lien on Defendant's certain real property located at
827 W. Trindle Road, Monroe Township, Mechanicsburg, Cumberland County, PA 17055,
having real property parcel identification no. 22-24-0783-037 (the "Real Property"), which Real
Property is more fully described in the Mortgage. A true and correct copy of the Mortgage is
attached hereto and made a part hereof as Exhibit "C".
11. The Mortgage was duly recorded on by the Recorder of Deeds for Cumberland
County, Pennsylvania in Record Book 1926 at page 2334.
2
DEFAULT
12. The Mortgage is in default because Defendants have failed to remit payment of
monthly installments in accordance with the terms of the Note due on August 1, 2008 and
thereafter.
13. The following amounts are due on the Mortgage as of October 3, 2008:
a. Balance of principal: $164,756.09
b. Interest at 7.25% per annum through 10/3/08: $ 1,602.85
c. Late charges: $ 139.50
d. Satisfaction fee: $ 50.00
e. Attorneys' fees and costs (as authorized
by Note & Mortgage): To be Added
TOTAL $166,548.44 *
*Plus interest accruing at 7.25% per annum from October 4, 2008, plus attorneys' fees and costs
as authorized by the Note and Mortgage.
WHEREFORE, Plaintiff, Mid Penn Bank demands judgment against Defendants in the
amount of $166,548.44, plus interest accruing at the rate specified in the Note from October 4,
2008 until Defendants satisfy their judgment, plus attorneys' fees and costs.
Respectfully submitted,
LAW OFFICES OF MARKIAN R. SLOBODIAN
MARKIAN R. SLOBODIAN, ESQ.
I.D. #41075
801 North Second Street
Harrisburg, PA 17102
717/232-5180
Dated: Attorneys for Mid Penn Bank
? d ?2 3 ? ° p
3
10%07/2008 13:25 FAX 7172326528
Subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn faldfieation to
authorities, I hereby certify that I am the Collections Manager for Plaintiff in the above-
referenced case and that the facts set forth in foregoing Complaint are true and correct to the
best of my information and belief.
R006/006
GREGOR . SCHUX Collection Manager
Mid Penn Bank
4
4 ,. , a
PROMISSORY (VOTE
References in the shaded area are for Lender's use only and do not Iknft the a?ppppt?lo 11y of this docun?ent ib any particular loan or item.
Any item above containing'***' has been omitted due to text length Ifmitations.
Borrower: 1327 W. Trkrdle Partners (TIN: 25-1840228) Lender: Mkt Penn Bank
981 Rkigsbury Drive Carlisle Pike Office
South Perk, PA 15129 4622 Carlisle Pike
Mschenkaburg, PA 17055
Principal Amount: $175,000.00 Interest Rate: 7.250% Date of Note: December 30, 2005
PROMISE TO PAY. 827 W. Trindle Partners ("Borrower") promises to pay to Mid Penn Bank ("Lender"), or order, M lawful money of the United
States of America, the principal amount of One Hundred Severity-five Thousand & 001100 Dollars (;175,000.00), together with Interest at the
rate of 7.250% per annum on the unpaid principal balance from December 30, 2005, until paid M full.
PAYMENT. Borrower will pay this ban in accordance with the following payment schedule:
The loan shall be payable over a term of twenty (20) years. Commencing February 1, 2006, the ban shall be payable M sixty (60)
consecutive monthly Installments, inckading principal and Interest, In the mount of $1,990.00, based upon an smorthadon of twenty (20)
years, with Interest calculated at a rate of seven and one quarter (7.25%) percent par an nun. Fire (Ih years from the note date, and every
five (5) years thereafter, the Interest rate shall be subbed to change to a rats to be determined by Lander at its sots discretion. In the
absence of a mutusNy agreed upon fixed rate, the Interest rate shall change to a variable rate of Lender's Prim Rate, plus 1.M The
monthly Installments shall be resat based upon the than outstanding principal balance, the ra a I ng amortization period, and the
Intereet rate, in an amount sufficient to maintain the original unortlsstion schedule. Provided, however, all out@U#K" principal, all
accrued and unpaid Interest, end any other charges as may have been Incurred will be due and payable In full on or before January 1,
2025.
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 than to any late charges. The annual interest rate for Oils Note Is computed on a 30= beds; that Is, by
applying the ratio of the amnual interest rate over a year of 960 days, multiplied by the outstanding principal balarna, multiptled 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 piece as
Lender may designate in writing.
PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: A penalty of five percent
(5.00%) of the outstanding barn principal balance at the time of prepayment N the prepayment occurs during the first loan year; a penalty of
four percent (4.00%) of the outstanding barn principal balance at the time of prepayment N the prepayment occurs during the second barn
year; a penalty of three percent (9.00%) of the outstanding barn principal balance at the time of prepayment N the prepayment occurs during
the third loan year; a penalty of two percent (2.00%) of the outstanding lash principal balance at the time of prepayment N the prepayment
occurs during the fourth barn year; a penalty of two percerd (2.00%) of the outstanding loan principal balance at the time of prepayment N the
prepayment arouse during the fifth loan year. The prepayment penalty shall be M effect for the original five (5) yaw Interest rats perms, and
shall renew upon adjustrnant of the Interest rats for any ensuing five (5) year Interval, unless modMed In writing NotwWwrtanding anything to
the contrary, Borrower may prepay this ban, without penally, from internally generated funds. Except for the forego ft Borrower may pay all
or a portion of the amount owed earller then it Is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's
obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in
Borrower's making fewer payments. Borrower agrees not to send Lender payments marked 'pail in full, 'without recourse", or similar language. If
Borrower sends such a payment, Lender may accept it without losing any of Lenders 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, Carlisle Pike Office, 4622 Carlisle Pike, Mechanicsburg, PA 17056.
LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $25.00, whichever
is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, 0 permitted under applicable law,
increase the interest rate on this Note 5.000 percentage points. The Interest rate will not exceed the maximum rate permitted by applicable law. If
judgment is entered in connection with this Note, Interest will continue to accrue on this Note after judgment at the existing interest rate provided for in
this Note.
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 Borrowers behO 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.
Death or Insolvency. The dissolution or termination of Borrowers existence as a going business or the death of any partner, the Insolvency of
Borrower, the appointment of a receiver for any part of Borrowers 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 Borrowers 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, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any guaranty of the indebtedness evidenced by this Note.
PROMISSORY NOTE
Loan No: 500033485 (Continued) Page 2
Events Affecting General Partner of Borrower. Any of the preceding events occurs with respect to any general partner of Borrower or any
general partner dies or becomes Incompetent
Charge M Ownership. The resignation or expulsion of any general partner with an ownership Interest of twenty-five percent (25%) or more in
Borrower.
Adverse Changs. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Note Is Impaired.
Insecurity. Lender in good faith believes Itself Insecure.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid Interest Immediately due, and then Borrower will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note N 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 Cumberland 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 Mortgage dated December 30, 2005, to Lender on real property located In Cumberland County, Commonwealth of Pennsylvania.
(B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
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 0 we report any inaccurate
information about you 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, Carlisle Pike Office, 4622 Carlisle Pike, Mechanicsburg, PA 17055.
GENERAL PROVISIONS. 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 by law, waive presentment, demand for payment, and notice of dishonor. Upon any change In the terms of this Note, and unless
otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released
from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this ban or release any party, partner, or
guarantor or collateral; or impair, fall to realize upon or perfect Lender's security Interest in the collateral; and take any other action deemed necessary
by Lender without the consent of or notice to anyone. All such panties also agree that Lender may modify this ban without the consent of or notice to
anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for
any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT, BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT
NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE 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.
Loan No: 500033485
PROMIS AY NOTE
(Continued)
Page 3
PRIOR TO SMING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 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:
827 W. PA
.... Soap
I Partner of 827 W.
Trinft
By` :::. ??'?^ • } (Seep
S. KoppaWAn, Genets Partner of 827 W.
Trindle Partnere
LAMA PRC lwWft VW. 6.00.00A04 Coq. NMYW FM WN 6e4Abn. 7x. 1W. 7006. M Wft P--.d - PA MUNPL\ MM TP-MM PR4WVTON
EXHIBIT "B"
i
3USINESS LOAN AQREEM .T
References in the shaded area are for Lender's use only and do not la„lt the of this docnxnent to any particular loan or ftem.
Any item above containing'''.. has been omitted are to text length limitations.
Borrower: 827 W. Trkrdle Partners (TIN: 25-1840226) Lender: Mid Penn Bank
961 Ridgsbury Drive Carlisle Pike Office
South Park, PA 15129 4622 Carlisle Pike
Mechanicsburg, PA 17055
THIS BUSINESS LOAN AGREEMENT dated December 30, 2005, is made and executed between 827 W. Trindie Parbwe ("Borrower') and Mid
Penn Bank ("Lender") on the following terms and conditions. Borrower has received prior commercial bans from Lender or has applied to
Lender for a conwnercial ban or loans or other financial acconrriodstlons, including those which may be described on any exhibit or schedule
attached to this Agreement ("Loan"). Borrower understands and agrees thst: (A) in granting, renewing, or extending any Loan, Lender is
relying upon Borrower's representations, warranties, and agreements as set forth in tide Agresrnent; (B) the granting, renewing, or extending
of any Loan by Lender at all tines shall be subject to Lender's sole judgment and dim Ion; and (C) all such Loans shall be and .a. n
subject to the terms and conditions of this Agreement.
TERM. This Agreement shall be effective as of December 30, 2005, and shall continue in full force and effect until such time as all of Borrower's Loans
in favor of Lender have been paid in full, including principal, interest, costs, expenses, attorneys' fees, and other fees and charges, or until January 1,
2026.
CONDITIONS PRECEDENT TO EACH ADVANCE. Lender's obligation to make the initial Advance and each subsequent Advance under this
Agreement shall be subject to the fulfillment to Lender's satisfaction of all of the conditions set forth in this Agreement and In the Related Documents.
Loan Documents. Borrower shall provide to Lender the following documents for the Loan: (1) the Note; (2) Security Agreements granting to
Lender security interests In the Collateral; (3) financing statements and all other documents perfecting Lender's Security Interests; (4) evidence
of Insurance as required below; (5) together with all such Related Documents as Lender may require for the Loan; all in form and substance
satisfactory to Lender and Lender's counsel.
Borrower's Authorization. Borrower shall have provided in form and substance satisfactory to Lender properly certified resolutions, duly
authorizing the execution and delivery of this Agreement, the Note and the Related Documents. In addition, Borrower shall have provided such
other resolutions, authorizations, documents and instruments as Lender or its counsel, may require.
Payment of Fees and Expenses. Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as
specified in this Agreement or any Related Document.
Representations and Warranties. The representations and warranties set forth in this Agreement, in the Related Documents, and in any
document or certificate delivered to Lender under this Agreement are true and correct.
No Event of Default. There shall not exist at the time of any Advance a condition which would constitute an Event of Default under this
Agreement or under any Related Document.
REPRESENTATIONS AND WARRANTIES. Borrower represents and warrants to Lender, as of the date of this Agreement, as of the date of each
disbursement of loan proceeds, as of the date of any renewal, extension or modification of any Loan, and at all times any indebtedness exists:
Orgenizotbn. Borrower Is a partnership which Is, and at all times shall be, duly organized, validly existing, and in good standing under and by
virtue of the laws of the Commonwealth of Pennsylvania. Borrower Is duly authorized to transact business In all other states in which Borrower is
doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which Borrower is doing business.
Specifically, Borrower is, and at all times shall be, duly qualified as a foreign partnership in all states in which the failure to so qualify would have a
material adverse effect on Its business or financial condition. Borrower has the full power and authority to own its properties and to transact the
business in which it Is presently engaged or presently proposes to engage. Borrower maintains an office at 981 Ridgebury Drive, South Park, PA
15129. Unless Borrower has designated otherwise In writing, the principal office is the office at which Borrower keeps its books and records
including its records oonceming the Collateral. Borrower will notify Lender prix to any change in the location of Borrower's principal office
address or any change in Borrower's name. Borrower shall do all things necessary to preserve and to keep in full force and effect its existence,
rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or
quasi-govemmental authority or court applicable to Borrower and Borrower's business activities.
Assumed Business Names. Borrower has filed or recorded all documents or filings required by law relating to all assumed business names used
by Borrower. Excluding the name of Borrower, the following is a complete list of all assumed business names under which Borrower does
business: None.
Authorization. Borrower's execution, delivery, and performance of this Agreement and all the Related Documents have been duly authorized by
all necessary action by Borrower and do not conflict with, result in a violation of, or constitute a default under (1) any provision of (a) Borrower's
articles or agreements of partnership, or (b) any agreement or other Instrument binding upon Borrower or (2) any law, governmental regulation,
court decree, or order applicable to Borrower or to Borrower's properties.
Financial Information. Each of Borrower's financial statements supplied to Lender truly and completely disclosed Borrower's financial condition
as of the date of the statement, and there has been no material adverse change in Borrower's financial condition subsequent to the date of the
most recent financial statement supplied to Lender. Borrower has no material contingent obligations except as disclosed in such financial
statements.
Legal Effect. This Agreement constitutes, and any instrument or agreement Borrower is required to give under this Agreement when delivered will
constitute legal, valid, and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms.
Properties. Except as contemplated by this Agreement or as previously disclosed in Borrower's financial statements or in writing to Lender and as
accepted by Lender, and except for property tax liens for taxes not presently due and payable, Borrower owns and has good title to all of
Borrower's properties free and clear of all Security Interests, and has not executed any security documents or financing statements relating to such
properties. All of Borrower's properties are titled in Borrower's legal name, and Borrower has not used or filed a financing statement under any
other name for at least the last five (5) years.
Hazardous Substances. Except as disclosed to and acknowledged by Lender in writing, Borrower represents and warrants that: (1) During the
period of Borrower's ownership of the Collateral, there has been no use, generation, manufacture, storage, treatment, disposal, release or
threatened release of any Hazardous Substance by any person on, under, about or from any of the Collateral. (2) Borrower has no knowledge of,
or reason to believe that there has been (a) any breach or violation of any Environmental Laws; (b) any use, generation, manufacture, storage,
JUSINESS LOAN AGREEMENT:
Loan No: 500033485 (Continued) Page 2
treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Collateral by any Prior owners or
occupants of any of the Collateral; or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters. (3)
Neither Borrower nor any tenant, contractor, agent or other authorized user of any of the Collateral shall use, generate, manufacture, store, treat,
dispose of or release any Hazardous Substance on, under, about or from any of the Collateral; and any such activity shall be conducted in
compliance with all applicable federal, state, and local laws, regulations, and ordinances, Including without lknbAon all Environmental Laws.
Borrower authorizes Lender and its agents to enter upon the Collateral to make such Inspections and tests as Lender may deem appropriate to
determine compliance of the Collateral with this section of the Agreement. Any Inspections or tests made by Lender shall be at Borrower's
expense and for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Borrower or to
any other person. The representations and warranties contained herein are based on Borrower's due diligence In Investigating the Collateral for
hazardous waste and Hazardous Substances. Borrower hereby (1) releases and waives any future claims against Lender for indemnity or
contribution in the event Borrower becomes liable for cleanup or other costs under any such laws, and (2) agrees to Indemnity and hold
harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or
suffer resulting from a breach of this section of the Agreement or as a consequence of any use, generation, manufacture, storage, disposal,
release or threatened release of a hazardous waste or substance on the Collateral. The provisions of this section of the Agreement, including the
obligation to indemnify, shall survive the payment of the Indebtedness and the termination, expiration or satisfaction of this Agreement and shall
not be affected by Lender's acquisition of any interest in any of the Collateral, whether by foreclosure or otherwise.
Lltlgation and Claims. No litigagatlon, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against
Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower's financial condition or
properties, other than litigation, claims, or other events, If any, that have been disclosed to and acknowledged by Lender in writing.
Taxes. To the best of Borrower's knowledge, all of Borrower's tax returns and reports that are or were required to be filed, have been filed, and all
taxes, assessments and other governmental charges have been paid in full, except those presently being or to be contested by Borrower In good
faith in the ordinary course of business and for which adequate reserves have been provided.
Lien Priority. Unless otherwise previously disclosed to Lender in writing, Borrower has not entered Into or granted any Security Agreements, or
permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or Indirectly securing repayment of
Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such
Collateral.
Binding Effect. This Agreement, the Note, all Security Agreements (If any), and all Related Documents are binding upon the signers thereof, as
well as upon their successors, representatives and assigns, and are legally enforceable in accordance with their respective terms.
AFFIRMATIVE COVENANTS. Borrower covenants and agrees with Lender that, so long as this Agreement remains In effect, Borrower will:
Notion of Claims and Litigation. Promptly Inform Lender in writing of (1) all material adverse changes in Borrower's financial condition, and
(2) all existing and all threatened litigation, claims, investigations, administrative proceedings or similar actions affecting Borrower or any Guarantor
which could materially affect the financial condition of Borrower or the financial condition of any Guarantor.
Financial (Records. Maintain its books and records in accordance with GAAP, applied on a consistent basis, and permit Lender to examine and
audit Borrower's books and records at all reasonable times.
Financial Statements. Furnish Lender with the following:
Annual Statements. As soon as available, but In no event later than one-hundred-twenty (120) days after the end of each fiscal year,
Borrower's balance sheet and income statement for the year ended, prepared by Borrower.
Tax Returns. As soon as available, but in no event later than thirty (30) days after the applicable filing date for the tax reporting period
ended, Federal and other governmental tax returns, prepared by Borrower.
All financial reports required to be provided under this Agreement shall be prepared in accordance with GAAP, applied on a consistent basis, and
certified by Borrower as being true and correct.
Additional Information. Furnish such additional information and statements, as Lender may request from time to time.
Financial Covenants and Ratios. Comply with the following covenants and ratios:
Other Requirements. Borrower shall provide Bank with a rent roll on an annual basis or as otherwise requested by Bank.
Except as provided above, all computations made to determine compliance with the requirements contained in this paragraph shall be made
in accordance with generally accepted accounting principles, applied on a consistent basis, and certified by Borrower as being true and
correct.
Insurstum Maintain fire and other risk insurance, public liability insurance, and such other insurance as Lender may require with respect to
Borrower's properties and operations, in form, amounts, coverages and with insurance companies acceptable to Lender. Borrower, upon request
of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that
coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include
an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Borrower or any
other person. In connection with all policies covering assets In which Lender holds or is offered a security interest for the Loans, Borrower will
provide Lender with such lender's loss payable Or other endorsements as Lender may require.
Insurance Reports. Furnish to Lender, upon request of Lender, reports on each existing Insurance policy showing such information as Lender
may reasonably request, including without limitation the following: (1) the name of the insurer; (2) the risks Insured; (3) the amount of the
policy; (4) the properties insured; (5) the then current property values on the basis of which insurance has been obtained, and the manner of
determining those values; and (6) the expiration date of the policy. In addition, upon request of Lender (however not more often than annually),
Borrower will have an independent appraiser satisfactory to Lender determine, as applicable, the actual cash value or replacement cost of any
Collateral. The cost of such appraisal shall be paid by Borrower.
Other Agreements. Comply with all terns and conditions of all other agreements, whether now or hereafter existing, between Borrower and any
other party and notify Lender immediately in writing of any default in connection with any other such agreements.
Loan Proceeds. Use all Loan proceeds solely for Borrower's business operations, unless specifically consented to the contrary by Lender in
writing.
Taxes, Charges and Liens. Pay and discharge when due all of its indebtedness and obligations, Including without limitation all assessments,
taxes, governmental charges, levies and liens, of every kind and nature, imposed upon Borrower or its properties, income, or profits, prior to the
date on which penalties would attach, and all lawful claims that, If unpaid, might become a lien or charge upon any of Borrower's properties,
income, or profits.
BUSINESS LOAN AGREEMEF
Loan No: 500033485 (Continued)
Page 3
Performance. Perform and comply, in a timely manner, with all terms, conditions, and provisions set forth in this Agreement, in the Related
Documents, and in all other instruments and agreements between Borrower and Lender. Borrower shall notify bender immediately In writing of
any default In connection with any agreement.
Operations. Maintain executive and management personnel with substantially the same qualifications and experience as the present executive
and management personnel; provide written notice to Lender of any change In executive and management personnel; conduct Its business affairs
in a reasonable and prudent manner.
Envkonmental Studies. Promptly conduct and complete, at Borrower's expense, all such investigations, studies, samplings and testings as may
be requested by Lender or any governmental authority relative to any substance, or any waste or by-product of any substance defined as toxic or
a hazardous substance under applicable federal, state, or local law, rule, regulation, order or directive, at or affecting any property or any facility
owned, leased or used by Borrower.
Compliance with Governmental Requirements. Comply with all laws, ordinances, and regulations, now or hereafter in effect, of all
governmental authorities applicable to the conduct of Borrower's properties, businesses and operations, and to the use or occupancy of the
Collateral, including without limitation, the Americans With Disabilities Act. Borrower may contest in good faith any such law, ordinance, or
regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Borrower has notified Lender in writing prior
to doing so and so long as, in Lender's sole opinion, Lender's interests In the Collateral are not Jeopardized. Lender may require Borrower to post
adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest.
Inspection. Permit employees or agents of Lender at any reasonable time to inspect any and all Collateral for the Loan or Loans and Borrower's
other properties and to examine or audit Borrower's books, accounts, and records and to make copies and memoranda of Borrower's books,
accounts, and records. If Borrower now or at any time hereafter maintains any records (Including without limitation computer generated records
and computer software programs for the generation of such records) in the possession of a third party, Borrower, upon request of Lender, shall
notify such party to permit Lender free access to such records at all reasonable times and to provide Lender with copies of any records it may
request, all at Borrower's expense.
EnvWonmental Compliance and Reports. Borrower shall comply in all respects with any and all Environmental Laws; not came or permit to
exist, as a result of an intentional or unintentional action or omission on Borrower's part or on the part of any third party, on property owned and/or
occupied by Borrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to
and in compliance with the conditions of a permit Issued by the appropriate federal, state or local governmental autlux es; shall furnish to Lender
promptly and in any event within thirty (30) days after receipt thereof a copy of any notice, summons, lien, citation, directive, letter or other
communication from any governmental agency or instrumentality concerning any intentional or unintentional action or omission on Borrower's part
in connection with any environmental activity whether or not there is damage to the environment and/or other natural resources.
Additional Assurances. Make, execute and deliver to Lender such promissory rotes, mortgages, deeds of trust, security agreements,
assignments, financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence
and secure the Loans and to perfect all Security Interests.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect L.ender's Interest in the Collateral or if Borrower
falls to comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower's failure to discharge or pay when
due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but
shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security
Interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all costs for insuring, maintaining and preserving
any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the
date incurred or paid by Lender to the date of repayment by Borrower. AN such expenses will become a part of the Indebtedness and, at Lender's
option, will (A) be payable on demand; (8) be added to the balance of the Note and be apportioned among and be payable with any installment
payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a
balloon payment which will be due and payable at the Note's maturity.
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other
agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (A) Borrower or any Guarantor is in default
under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender, (B)
Borrower or any Guarantor dies, becomes incompetent or becomes insolvent, files a petition in bankruptcy or similar proceedings, or Is adjudged a
bankrupt; (C) there occurs a material adverse change in Borrower's financial condition, In the financial condition of any Guarantor, or in the value of
any Collateral securing any Lin; or (D) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the
Loan or any other loan with Lender; or (E) Lender in good faith deems itself Insecure, even though no Event of Default shall have occurred.
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 runts provided in this
paragraph.
DEFAULT. Each of the following shall constitute an Event of Default under this Agreement:
Payment Default. Borrower fails to make any payment when due under the Loan.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or In
any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement
between Lender and Borrower.
False Ststements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this
Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false
or misleading at any time thereafter.
Death or Insolvency. The dissolution or termination of Borrower's existence as a going business or the death of any partner, 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.
Detective Collaterelization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any
collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
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
AJSINESS LOAN AGREEMENT
Loan No: 500033485 (Continued)
Page 4
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.
Events Affecting General Partner of Borrower. Any of the preceding events occurs with respect to any general partner of Borrower or any
general partner dies or becomes incompetent.
Change in Ownership. The resignation or expulsion of any general partner with an ownership interest of twenty-five percent (25%) or more in
Borrower.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of the Loan is impaired.
Insecurity. Lender in good faith believes itself Insecure.
EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related
Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will
terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's option, all Indebtedness immediately will
become due and payable, all without notice of any kind to Borrower, except that in the case of an Event of Default of the type described in the
"insolvency" subsection above, such aoceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies
provided In the Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's rights
and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit
of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect
Lender's right to declare a default and to exercise its rights and remedies.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:
Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
matters set forth In this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the
party or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Few; Expanses. Borrower agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and
Lender's legal expenses, Incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce
this Agreement, and Borrower shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and
legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (Including efforts to
modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also shah pay all
court costs and such additional fees as may be directed by the court.
Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the
provisions of this Agreement.
Consent to Loan Participation. Borrower agrees and consents to Lender's sale or transfer, whether now or later, of one or more participation
interests in the Loan to one or more purchasers, whether related or unrelated to Lender. Lender may provide, without any limitation whatsoever,
to any one or more purchasers, or potential purchasers, any information or knowledge Lender may have about Borrower or about any other matter
relating to the Loan, and Borrower hereby waives any rights to privacy Borrower may have with respect to such matters. Borrower additionally
waives any and all notices of sale of participation Interests, as well as all notices of any repurchase of such participation interests. Borrower also
agrees that the purchasers of any such participation Interests will be considered as the absolute owners of such interests In the Loan and will have
all the rights granted under the participation agreement or agreements governing the sale of such participation interests. Borrower further waives
all rights of offset or counterclaim that it may have now or later against Lender or against any purchaser of such a participation interest and
unconditlonalty agrees that either Lender or such purchaser may enforce Borrower's obligation under the Loan irrespective of the failure or
insolvency of any holder of any interest in the Loan. Borrower further agrees that the purchaser of any such participation Interests may enforce its
interests irrespective of any personal claims or defenses that Borrower may have against Lender.
Governing Law. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law,
the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Agreernerd 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 Cumberland County,
Commonwealth of Pennsylvania.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given In writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shah operate as a waiver of such right or any other right. A
waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict
compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender
and Borrower, or between Lender and any Grantor, shall constitute a waiver of any of Lender's rights or of any of Borrower's or any Grantor's
obligations as to any future transactions. Whenever the consent of Lender Is required under this Agreement, the granting of such consent by
Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such
consent may be granted or withheld in the sole discretion of Lender.
Notices. Unless otherwise provided by applicable law, any notice required to be given under this Agreement shall be given in writing, and shall
be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally
recognized overnight courier, or, If mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid,
directed to the addresses shown near the beginning of this Agreement. Any party may change its address for notices under this Agreement by
giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes,
Borrower agrees to keep Lender informed at all times of Borrower's current address. Unless otherwise provided by applicable law, if there is more
than one Borrower, any notice given by Lender to any Borrower is deemed to be notice given to all Borrowers.
Severability. If a court of competent jurisdiction finds any provision of this Agreement to be Illegal, invalid, or unenforceable as to any
circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the
offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified,
it shall be considered deleted from this Agreement. Unless otherwise required by law, the Illegality, invalidity, or unenforceability of any provision
of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement.
BUSINESS LOAN AGREEMEK.
Loan No: 500033485 (Continued)
Page 5
Subsidiaries and Affiliates of Borrower. To the extent the context of any provisions of this Agreement makes it appropriate, including without
limitation any representation, warranty or covenant, the word "Borrower" as used in this Agreement shall include all of Borrower's subsidiaries and
affiliates. Notwithstanding the foregoing however, under no circumstances shall this Agreement be construed to require Lender to make any Loan
or other financial accommodation to any of Borrower's subsidiaries or affiliates.
Successors and Assigns. All covenants and agreements by or on behalf of Borrower contained In this Agreement or any Related Documents
shall bind Borrower's successors and assigns and shall inure to the benefit of Lender and its successors and assigns. Borrower shall not,
however, have the right to assign Borrower's rights under this Agreement or any interest therein, without the prior written consent of Lender.
Survival of Representations and Warranties. Borrower understands and agrees that in making the Loan, Lender is relying on all
representations, warranties, and covenants made by Borrower in this Agreement or In any certificate or other instrument delivered by Borrower to
Lender under this Agreement or the Related Documents. Borrower further agrees that regardless of any Investigation made by Lender, all such
representations, warranties and covenants will survive the making of the Loan and delivery to Lender of the Related Documents, shall be
continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid In full, or until this
Agreement shall be terminated in the manner provided above, whichever is the last to occur.
Time Is of the Essence. Time is of the essence in the performance of this Agreement.
Waive Jury. All parties to this Agresrnerrt hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by
any party against any other party.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Agreement. Unless specifically stated
to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used In the
singular shall Include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this
Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code. Accounting words and terms not otherwise defined In
this Agreement shall have the meanings assigned to them in accordance with generally accepted accounting principles as in effect on the date of this
Agreement:
Advance. The word 'Advance" means a disbursement of Loan funds made, or to be made, to Borrower or on Borrower's behalf on a line of credit
or multiple advance basis under the terms and conditions of this Agreement.
Agreement. The word 'Agreement" means this Business Loan Agreement, as this Business Loan Agreement may be amended or modified from
time to time, together with all exhibits and schedules attached to this Business Loan Agreement from time to time.
Borrower. The word "Borrower' means 827 W. Trundle Partners and includes all co-signers and co-makers signing the Note and all their
successors and assigns.
Collateral. The word "Collateral" means all property and assets granted as collateral security for a Loan, whether real or personal property,
whether granted directly or indirectly, whether granted now or in the future, and whether granted in the form of a security interest, mortgage,
collateral mortgage, deed of trust, assignment, pledge, crop pledge, chattel mortgage, collateral chattel mortgage, chattel trust, factor's lien,
equipment trust, conditional sale, trust receipt, lien, charge, lien or title retention contract, lease or consignment intended as a security device, or
any other security or lien interest whatsoever, whether created by law, contract, or otherwise.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to
the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub.
L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery
Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words 'Event of Default" mean any of the events of default set forth in this Agreement in the default section of this
Agreement.
GAAP. The word "GAAP' means generally accepted accounting principles.
Grantor. The word "Grantor' means each and all of the persons or entities granting a Security Interest in any Collateral for the Loan, including
without limitation all Borrowers granting such a Security Interest.
Guarantor. The word 'Guarantor" means any guarantor, surety, or accommodation party of any or all of the Loan.
Guaranty. The word 'Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical
or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated,
stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very
broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the
Environmental Laws. The term "Hazardous Substances' also includes, without limitation, petroleum and petroleum by-products or any fraction
thereof and asbestos.
Indebtedness. The word 'Indebtedness' means the indebtedness evidenced by the Note or Related Documents, including all principal and
interest together with all other indebtedness and costs and expenses for which Borrower is responsible under this Agreement or under any of the
Related Documents.
Lender. The word "Lender" means Mid Penn Bank, its successors and assigns.
Loan. The word "Loan" means any and all loans and financial accommodations from Lender to Borrower whether now or hereafter existing, and
however evidenced, including without limitation those loans and financial accommodations described herein or described on any exhibit or
schedule attached to this Agreement from time to time.
Note. The word "Note" means the Note executed by 827 W. Trindle Partners in the principal amount of $175,000.00 dated December 30, 2005,
together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the note or credit agreement.
Related Documents. The words "Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Loan.
Security Agreerent. The words 'Security Agreement" mean and include without limitation any agreements, promises, covenants, arrangements,
understandings or other agreements, whether created by law, contract, or otherwise, evidencing, governing, representing, or creating a Security
Interest.
Security Interest. The words "Security Interest' mean, without limitation, any and all types of collateral security, present and future, whether in the
JUSINESS LOAN AONEEMENT
Loan No: 500033485 (Continued)
Page 6
form of alien, charge, encumbrance, mortgage, deed of trust, security deed, assignment, pledge, crop pledge, chattel mortgage, collateral chattel
mortgage, chattel trust, factor's lien, equipment trust, conditional sale, trust receipt, lien or title retention contract, lease or consignment intended as
a security device, or any other security or lien interest whatsoever whether created by law, contract, or otherwise.
BORROWER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS BUSINESS LOAN AGREEMENT AND BORROWER AGREES TO
ITS TERMS. THIS BUSINESS LOAN AGREEMENT IS DATED DECEMBER 30,2W5.
THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
827 W. PA
By,..... Seal)
General Partner of 827 W.
Trindle Parthers B : 'Seel
Y )
Morton . _ opperman, Gbkft Partner of 827 W.
Trindle Partners
LENDER:
MID PEN NK
By seal)
He , Vice PreslderM
LQ" PRO L.&V. V- 8AE0E001 Copt 4.*M ftW.W 8"-, ft 1W, 100E MI IO01LL FM---d • PA PICROYL".fC MUM PR4ECD FIM
EXHIBIT "C"
ti 3S-)
Y w "
Parcel Identification
Number:
22-240783-W
RECORDATION
REQUESTED BY:
Mid Penn Bonk
Carlisle Pike Office
4822 Carlisle Pike
Msdmicaburg, PA 17055
WHEN RECORDED MAIL
TO:
Mid Penn Bonk
Carlisle Pike Office
4022 Carllele Pike
Mechanicsix rg, PA 17055
l °
aiiU kj-QiV N w rr1 1i r7
faial,tlo. 221- 07P-097 R
RECORDER'S USE •NLY
MORTGAGE
THIS IS A PURCHASE MONEY MORTGAGE
MAXIMUM LIEN. The unpaid principal balance of advances exclusive of Interest and unpaid
balances of advances and other extensions of credit, secured by the Mortgage made for the
payment of taxes, assessments, maintenance charges, insurance premiums and costs
incurred for the protection of the mortgaged premises shall not exceed at any one time
$175,000.00.
Amount Secured Hereby: $175,000.00
THIS MORTGAGE dated December 30, 2005, is made and executed between 827 W. Trindle
Partners, whose address is 961 Ridgebury Drive, South Park, PA 15129 (referred to below
as "Grantor") and Mid Penn Bank, whose address is 4622 Carlisle Pike, Mechanicsburg, PA
17055 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases,
confirms and mortgages to Lender all of Grantor's right, tide, and interest in and to the following described real
together with all existing or subsequently erected or affbted buildings, Improvements and fbdures; all streets, lanes, ?alle s,
passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances
thereunto being or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all
water, water rights, watercourses and ditch rights (Including stock in utilities with ditch or irrigation rights); and all other rights,
matters, (the Real Propereal rty") located (n Includiwithout ng g limitation Count
ma??, and proft lPr y") l y, Commo nweegas, alth of mePennsylva similar
•
See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as
If fully set forth hereln.
The Real Property or its address is commonly known as 827 W. Trindle Road, Monroe
Township' Mechanicsburg, PA 17055. The Real Property parcel identification number is
22-24-OM-037.
Grantor presently assigns to Lender all of Grantors right, title, and interest in and to all present and future leases of the
Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest
It in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $175,080.00, THE
RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING
TERMS:
BKI936PG2334
MORTGAGE
(Continued) Page 2
PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real
Property, this Mortgage shag be a purchase money mortgage under 42 P.S. Section 8141.
PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage, Grantor shall pay to Lender all amounts
secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property
shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain In possession and control of
the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve Its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of
Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2)
Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
acknowledged by tender In writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation,
manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about
or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or
claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged
by Lender in writing (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall
use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the
Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws,
regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its
agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem
appropriate to determine compliance of the Property with this section of the Mortgage. Any Inspections or tests made by
Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part
of Lender to Grantor or to any other person. The representations and warranties contained herein are based on
Grantor's due diligence in Investigating the Property for Hazardous Substances. Grantor hereby (1) releases and
waives any future claims against Lender for Indemnity or contribution in the event Grantor becomes liable for cleanup or
other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims,
losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting
from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage,
disposal, release or threw release occurring prior to Grantor's ownership or Interest In the Property, whether or not
the same was or should have been known to Grantor. The provisions of this section of the Mortgage, Including the
obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien
of this Mortgage and shall not be affected by Lender's acquisition of any interest In the Property, whether by foreclosure
or otherwise.
Nukww% Wafts. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of
or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will
not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay,
scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Irnprovenrsnts. Grantor shall not demolish or remove any Improvements from the Real Property without
Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make
arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value.
Lanolin's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
reasonable tines to attend to Lender's Interests and to inspect the Real Property for purposes of Grantor's compliance
with the terms and conditions of this Mortgage.
Compliance with Govemmental Requirements. Grantor shall promptly comply with all laws, ordinances, and
regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property,
including without limitation, the Americans With Disabilities Act Grantor may contest In good faith any such law,
ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as
Grantor has notified Lender In writing prior to doing so and so long as, In Lender's sole opinion, Lender's Interests In the
Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably
satisfactory to Lender, to protect Lender's Interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in
addition to those acts set forth above in this section, which from the character and use of the Property are reasonably
necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
1936PG2335
MORTGAGE
(Continued) Page 3
secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real
Property, or any interest In the Real Property. A 'sale or transfer' means the conveyance of Real Property or any right, tide or
interest In the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale,
deed, Installment sale contract, land contract, contract for deed, leasehold Interest with a term greater than three (3) years,
lease-option contract, or by sale, assignment or transfer of any beneficial Interest in or to any land trust holding tide to the
Real Property, or by any other method of conveyance of an interest In the Real Property. If any Grantor Is a corporation,
partnership or limited liability company, transfer also Includes any change In ownership of more than twenty-five percent
(25%) of the voting stock, partnership interests or limited liability company Interests, as the case may be, of such Grantor.
However, this option shall not be exercised by Lender 0 such exercise is prohibited by federal law or by Pennsylvania law.
TAXES AND U ENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when
due all claims for work done on or for services rendered or material fumished to the Property. Grantor shad maintain the
Property free of any (lens having priority over or equal to the Interest of lender under this Mortgage, except for those
dens specifically agreed to in writing by Lender, and except for the Den of taxes and assessments not due as further
specified in the Right to Contest paragraph.
RW to Contest. Grantor may withhold payment of any tax, assessment, or clam in connection with a good faith
dispute over the obligation to pay, so long as Lender's Interest in the Property is not jeopardized. If a lien arises or is
filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, If a lien is filed, within fifteen
(15) days after Grantor has notice of the Ming, secure the discharge of the Den, or if requested by Lender, deposit with
Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to
discharge the Den plus any costs and attomeys' fees, or other charges that could accrue as a result of a foreclosure or
sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before
enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond fumished
in the contest proceedings.
Evidence of Payment. Grantor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes or
assessments and shall authorize the appropriate govemmental official to deliver to Lender at any time a written statement
of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any
services are furnished, or any materials are supplied to the Property, d any mechanic's lien, materialmen's lien, or other
lien could be asserted on account of the work, services, or materials. Grantor will upon request of lender fumish to
lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage:
Malntermwe of Nuurance. Grantor shall procure and maintain policies of fire insurance with standard extended
coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In
favor of Lender. Grantor shall also procure and maintain comprehensive general liability Insurance In such coverage
amounts as Lender may request with Lender being named as additional Insureds In such liability insurance policies.
Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business Interruption and
boiler Insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may
be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer
containing a stipulation that coverage will not be cancelled or diminished without a minimum of tern (10) days' prior
written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each
insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be Impaired In any
way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area
designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor
agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that
the Property Is located In a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens
on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or
as otherwise required by Lender, and to maintain such insurance for the term of the loan.
Applitatlon of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may
make proof of loss N Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is
Impaired, lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to
the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the
Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or
destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure,
pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor is not in default
under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender
has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender
BKI936PG2336
MORTGAGE
(Continued) Page 4
under this Mortgage, then to pay accrued Interest, and the remainder, If any, shall be applied to the principal balance of
the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid
to Grantor as Grantor's interests may appear.
Grantor's Report on insurance. Upon request of Lender, however not more than once a year, Grantor shall fumish to
Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3)
the amount of the poky; (4) the property insured, the then current replacement value of such property, and the manner
of determining that value; and (5) the expiration date of the policy. Grantor shah, upon request of Lender, have an
Independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property.
LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lender's interest in the
Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, Including but not limited
to Grantor's failure to discharge or pay when due any amounts Grantor Is required to discharge or pay under this Mortgage or
any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender duns
appropriate, Including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other
claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property.
AN such expenditures Incurred or paid by Lender for such purposes will than bear interest at the rate charged under the Note
from the date Incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the
Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be
apportioned among and be payable with any installment payments to become due during either (1) the term of any
applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due
and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shah be In addition
to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such
expenses shah survive the entry of any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this
Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable titre of record to the Property in fee a", free
and clear of all hens and encumbrances other than those set forth In the Real Property description or in any title
Insurance policy, title report, or final title opinion issued In favor of, and accepted by, Lender in connection with this
Mortgage, and (b) Grantor has the full right, power, and authority to execute and delver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to
the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions
Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense.
Grantor may be the nominal party in such proceeding, but Lender shah be entitled to participate in the proceeding and
to be represented in the proceeding by counsel of I ender's own choice, and Grantor will deliver, or cause to be
delivered, to Lender such Instruments as lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing
applicable laws, ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor In this
Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shah remain in full
force and effect until such time as Grantor's Indebtedness shall be paid In full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor
shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the
nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in
the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such
instruments and documentation as may be requested by Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any
proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net
proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The not proceeds of
the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender In
connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to
governmental taxes, fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this
Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's hen on the Real
Property. Grantor shah reimburse Lender for all taxes, as described below, together with all expenses incurred in
recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and
other charges for recording or registering this Mortgage.
8K ! 936PG2337
MORTGAGE
(Continued) Page 5
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or
upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is
authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on
this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any
portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this
event shall have the same effect as an Event of Default, and Lender may exercise any or all of Its avallable remedies for
an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2)
contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient
corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security
agreement are a part of this Mortgage:
Security Agearnent. This Instrument shall constitute a Security Agreement to the extent any of the Property constitutes
fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from
time to time.
Security lntwwL Upon request by tender, Grantor shall take whatever action Is requested by Lender to perfect and
continue Lender's security Interest in the Rents and Personal Property. In addition to recording this Mortgage In the real
property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts,
copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses
incurred in perfecting or continuing this security interest. Upon default, Grantor shah not remove, sever or detach the
Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the
Property In a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within
three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which Information concerning
the security Interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are
as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and
additional authorizations are a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and
deliver, or will cause to be made, executed or delivered, to Lender or to Lenders designee, and when requested by
Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such tines and in such offices and
places as Lender may deem appropriate, any and all such mortgages, deeds of test, security deeds, security
agreements, financing statements, continuation statements, Instruments of further assurance, certificates, and other
documents as may, in the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect,
continue, or preserve (1) Grantors obligations under the Note, this Mortgage, and the Related Documents, and (2)
the liens and security interests created by this Mortgage as first and prior Hens on the Property, whether now owned or
hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall
reimburse Lender for all costs and expenses incurred In connection with the matters referred to in this paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to In the preceding paragraph, Lender may
do so for and in the name of Grantor and at Grantors expense. For such purposes, Grantor hereby irrevocably
authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in
Lenders sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing
set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed
upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and
suitable statements of termination of any financing statement on file evidencing Lender's security interest In the Rents and the
Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender
from time to time.
EVENTS OF DEFAULT. Each of the following, at Lenders option, shall constitute an Event of Default under this Mortgage:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Defewtt on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes
or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in
this Mortgage or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or
condition contained In any other agreement between Lender and Grantor.
False Statements. Any warranty, representation or statement made or fumished to Lender by Grantor or on Grantors
Buft 1936PG2338
MORTGAGE
(Continued)
Page 6
behalf under this Mortgage or the Related Documents Is false or misleading in any material respect, either now or at the
time made or fumished or becomes false or misleading at any time thereafter.
Defective Collateratization. This Mortgage or any of the Related Documents ceases to be in full force and effect
(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for
any reason.
Death or Insolvency. The dissolution or termination of Grantor's existence as a going business or the death of any
partner, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for
the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency
against any property securing the Indebtedness. This includes a gamWvwt of any of Grantor's accounts, including
deposit accounts, with Lender. However, this Event of Default shall not apply If there is a good faith dispute by Grantor
as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor
gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for
the creditor or forfeiture proceeding, in an amount determined by Lender, in Its sole discretion, as being an adequate
reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and
Lender that is not remedied within any grace period provided therein, including without limitation any agreement
concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or
accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or
becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
Adverse Changs. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of
payment or performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at
Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or
remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable
law, to declare the entire Indebtedness immediately due and payable.
UCC Remediss. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of
a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the
Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costa, against the
Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make
payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes
Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect
the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the
obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may
exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the
Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and
to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the
Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver
shall exist whether or not the apparent value of the Property exceed the Indebtedness by a substantial amount.
Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the
Property.
Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and
empowers any attorney of any court of record In the Commonwealth of Pennsylvania or elsewhere, as attorney for
Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an
amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor,
and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Properly,
without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a
sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding
BfI3C339
MORTGAGE
(Continued) Page 7
whatsoever.
Nonjudichd Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the
Personal Property or the Real Properly by non-judicial sale.
Ddlic cy Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender
after application of all amounts received from the exercise of the rights provided In this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is solo as provided above or
Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a
tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a
reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided In this Mortgage or the Note or available at
law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the
Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property
together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any
portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal
Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made.
Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the
time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real
Property.
Election of Rsmedles. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an
election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's
fallure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this
Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following
an Event of Default, or In any way to limft or restrict the rights and ability of Lender to proceed directly against Grantor
and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly
or indirectly securing the Indebtedness.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender
shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any
appeal. VVhether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses
Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its
rights shall became a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date
of the expenditure until repaid. Expanses covered by this paragraph Include, without limitation, however subject to any
limits under applicable law, Lender's attomeys' fees and Lender's legal expenses, whether or not there is a lawsuit,
including allDmeys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic
stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records,
obtaining tide reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the
extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given
In writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by
law), when deposited with a natlo nally recognized overnight courier, or, lt mailed, when deposited in the United States mail,
as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this
Mortgage. AN copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to
Lenders address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this
Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's
address. For notice purposes, Grantor agrees to keep Lender Informed at all tines of Grantors current address. Unless
otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed
to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and
agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment lo this Mortgage
shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the
alteration or amendment.
Annual Reports. If the Properly is used for purposes other than Grantors residence, Grantor shall furnish to lender,
upon request, a certified statement of net operating income received from the Property during Grantors previous fiscal
year in such form and detail as Lender shall require. 'Net operating income' shall mean all cash receipts from the
Property less all cash expenditures made in connection with the operation of the Property.
Blt1936RG2340
MORTGAGE
(Continued)
Page 8
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
Interpret or define the provisions of this Mortgage.
Governing Low. The Mortgage will be governed by federal law applicable to Lender and, to the extent not
preempted by federal law, the laws of the Cornmonweelth of Pennsylvania without regard to its conflicts of law
provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania.
Choice of Venn. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of
Cumberland County, Commonwealth of Pennsylvania.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver
Is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate
as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or
constitute a waiver of L tinder's right otherwise to demand strict compliance with that provision or any other provision of
this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a
waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of
Lender is required under this (Mortgage, the granting of such consent by Lender in any instance shall not constitute
continuing consent to subsequent Instances where such consent is required and in all cases such consent may be
granted or withheld in the sole discretion of Lender.
Ssvsrability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or
unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it
becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted
from this Mortgage. Unless otherwise required by law, the Illegality, Invalidity, or unenforceability of any provision of this
Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in
the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successor interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal
representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Tlms Is of the Essence. Time is of the essence in the performance of this Mortgage.
Waive Jury. All parties to the Mortgage hereby waive the right to any jury trial In any action, proceeding, or
counterclaim brought by any party against any other party.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage.
Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United
Stag of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as
the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such
terms in the Uniform Commercial Code:
Borrower. The word "Borrower' means 827 W. Trindle Partners and includes all co-signers and co-makers signing the
Note and all their successors and assigns.
Default. The word "Default" means the Default set forth in this Mortgage In the section titled 'Default'
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations
and ordinances relating to the protection of human health or the environment, including without limitation the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section
9601, et seq. ("CERCLA'), the Superfund Amendments and Reauthorization Act of 1986, Pub. L No. 99-499 ("SARA")
the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery
Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant
thereto.
Event of Default. The words 'Event of Default" mean any of the events of default set forth In this Mortgage in the events
of default section of this Mortgage.
Grantor. The word 'Grantor' means 827 W. Trindle Partners.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to
human health or the environment when Improperly used, treated, stored, disposed of, generated, manufactured,
transported or otherwise handled. The words "Hazardous Substances' are used in their very broadest sense and
include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the
Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum
3 to
i
MORTGAGE
(Continued) Page 9
by-products or any fraction thereof and asbestos.
improvemerns. The word 'Improvements' means all existing and future improverner ts, buildings, structures, mobile
homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word 'Indebtedness' means all princlpal, interest, and other amounts, costs and expenses payable
under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of
and substitutlons for the Note or Related Documents and any amounts expended or advanced by Lender to discharge
Grantor's obligations or expenses Incurred by Lender to enforce Grantor's obligations under this Mortgage, together with
interest on such amounts as provided in this Mortgage.
Lender. The word `Lender' means Mid Penn Bank, Its successors and assigns.
Mortgage. The word 'Mortgage` means this Mortgage between Grantor and Lender.
Note. The word "Note' means the promissory note dated December 30, 2005, In the original principal
amount of $175,000.00 from Grantor to Lender, together with all renewals of, extensions of, modillcadons of,
refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note
is January 1, 2026.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property
now or hereafter owned by Grantor, and now or hereafter attached or affixed t0 the Real Property; together with all
accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with
all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other
disposition of the Property.
Property. The word "Property' means collectively the Real Property and the Personal Property.
Real Property. The words 'Real Property' mean the real property, Interests and rights, as further described In this
mortgage.
Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements,
environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral
mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in
connection with the Indebtedness.
Rarris. The word "Rents' means all present and future rents, revenues, income, issues, royalties, proffts, and other
benefits derived from the Property.
MIA
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF
TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS MITENDED THAT THIS MMOORT AGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
rs
BKl936RG2342
1
MORTGAGE
(Continued)
Page 10
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, Mid Penn Bank, herein Is as follows:
Carlisle Pike Office, 4322 Carlisle Pike, Mechanicsburg, PA 17055
Agent for Mortgagee
PARTNERSHIP ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
)SS
COUNTY OF )
A0 Is, the day of ? e . 20 V ? . before me
M ,the undersigned Notary Public, personally appeared Gary M. Koppernnn, GwwW
j Partrtsr; Morton 3. Kopperrnan, General Partner of 827 W. Trlndte Partners, who acknowiedged themselves to be the
partners or designated agents of 827 W. Trlndie Partners, a partnership, and that they as such partners or designated
agents, being authorized to do so, executed the foregoing Instrument for the purposes therein contained by signing the name
of the partnership by themselves as as partners or designated agents.
In witness whereof, I hereunto set my hand and official seal.
r?
Notary Public In and for a State of
LASER PAD LwdW W. L30MA04 OW AaWW Fhwdd 30.1m, Ire. 1697, 2006. N R" Rw . PA PlAWNU L1MM TR-2600 PR4eCDY M
8K 193EPG2343
SCHEDULE C
Legal Description
Commitment Number: GR05-1134REF
ALL those two (2) certain adjoining pieces or parcels of land situated in the Township of Monroe, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows:
PARCEL NO. 1: BEGINNING at a point in the center of the Trindle Road, at the corner of property formerly of C.
Irvin Horrocks, Jr. and wife, now or formerly of Thomas W. Cawthern and wife, thence along the lone of said
property now or formerly of Thomas W. Cawthern and wife, South 20 degrees 30 minutes East, a distance of one
hundred seventy (170) feet to a point on the line of a proposed eighteen (18) foot alley; thence along the line of
said alley, South 69 degrees 30 minutes West, a distance of one hundred thirty (130) feet to a point of Parcel No.
2 hereinbelow; thence along the line of Parcel No. 2 hereinbelow, North 20 degrees 30 minutes West, a distance
of one hundred seventy (170) feet to a point in the center line of said Trindle Road, aforesaid; thence along the
center line of said Trindle Road, North 69 degrees 30 minutes East, a distance of one hundred thirty (130) feet to
a point, the place of BEGINNING.
HAVING erected thereon a masonry commercial building known and numbered as 827 West Trindle Road,
Mechanicsburg, Pennsylvania 17055.
PARCEL NO. 2: BEGINNING at a point in the centerline of the Trindle Road at the northwestern corner of Parcel
No. 1 described hereinabove; thence in a southerly direction along the western line of said Parcel No. 1
hereinabove, a distance of one hundred seventy (170) feet, more or less, to a point on a proposed eighteen (18)
foot alley; thence in a westerly direction along the northern line of said alley, a distance of twenty-five (25) feet,
more or less, to a point on the eastern line of Wertz Avenue as shown on a Plan of lots known as "Revised Plan
of Trindle Spring Manor", which said Plan of lots is recorded in the Cumberland County Recorder's Office in Plan
Book 10, Page 36; thence rorthwardW' along the eastern line of said Wertz Avenue as shown on the
aforementioned Plan, a distance of one hundred seventy (170) feet, more or less, to a point in the center line of
the Trindle Road; thence eastwardly along the center line of the Trindle Road, a distance of twenty-five (25) feet,
more or less, to the point and place of BEGINNING.
I C, : ri i, iv this to be recorded
In CuniberlanE] County PA
4 : (J r of Deeds
936PG23-44
STEWART TITLE
!'. i T • O• V T V f? I l L T • 11 V
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MID PENN BANK
v.
CASE NO. 08-6339 - Civil Term
827 W. TRINDLE PARTNERS, MORTON S.: CIVIL ACTION
KOPPERMAN, & GARY M. KOPPERMAN:
Defendants
IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE TO REINSTATE COMPLAINT
TO: The Prothonotary of Cumberland County
Please reinstate the Plaintiff's Complaint in the above-referenced case.
Respectfully submitted,
LAW OFFICES OF MARKIAN R. SLOBODIAN
MARKIAN R. SLOBODIAN, ESQ.
I.D. #41075
801 North Second Street
Harrisburg, PA 17102
717/232-5180
111(1 Attorneys for Mid Penn Bank
Dated: I 1 J ?
-W-
RIO
a
.SJ f Jd ,? c?.._ -?
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-06339 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MID PENN BANK
VS
827 W TRINDLE PARTNERS ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
827 W TRINDLE PARTNERS
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of ALLEGHENY County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 23rd , 2008 ,
attached return from ALLEGHENY
Sheriff's Costs:
s office was in receipt of t
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Allegheny Cc 115.00
Postage 4.65
144.65
12/23/2008
MARKIAN SLOBODIAN
Sworn and subscribe to before me
this day of
So answer
R. Thomas Kline
Sheriff of Cumberland County
A. D.
f ? w
1. ?.,.. •'. - ?. -
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-06339 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MID PENN BANK
VS
827 W TRINDLE PARTNERS ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
KOPPERMAN MORTON S
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of ALLEGHENY County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 23rd , 2008 this office was in receipt of the
attached return from ALLEGHENY
Sheriff's Costs: So answ
Docketing 6.00
Out of County .00
Surcharge 10.00 Thomas Kl(ine
.00 Sheriff of Cumberland County
12/23/2008
MARKIAN SLOBODIAN
Sworn and subscribe to before me
this day of ,
A. D.
rs,
r'y•' ^'
?s S
s
i
c
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06339 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MID PENN BANK
VS
827 W TRINDLE PARTNERS ET AL
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
KOPPERMAN GARY M
DEFENDANT
the
at 2015:00 HOURS, on the 10th day of November , 2008
at 17 NORTH 26TH STREET
CAMP HILL, PA 17011
GARY KOPPERMAN
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
So Answers:
18.00
40.0
.000 ,
10.00 R. Thomas Kline
.00
68.50 12/23/2008
MARKIAN SLOBODIAN
By J '
day Deputy S eriff
of A. D.
C?l
[, 7
co
C:j
i'
J LJ_t
U
In The Court of Common Pleas of Cumberland County, Pennsylvania
Mid Penn Bank
vs.
827 W. Trindle Partners
SERVE: 827 W. Trindle Partners
?i?f ` f? ? b? rDrvv?
?Pa (5
r2?
Now, October 28, 2008
08-6339 civil
No.
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Allegheny
deputation being made at the request and risk of the Plaintiff.
County to execute this Writ, this
Sheriff of Cumberland Co 'y, PA
Please mail return of service to Cumberland County Sheriff.
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
N1 kZn
h- County, PA
Sworn and subscribed before
me this day of , 20
20 , at o'clock
Thank you.
M. served the
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
. S? 3y g?
In The Court of Common Pleas of Cumberland County, Pennsylvania
Mid Penn Bank
Pb
vs.
827 W. Trindle Partners
" SERVE: Morton S. Kopperman No. 08-6339 civil
-ICJI l? ? ?V?--
Now, October 28, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Allegheny
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
So answers,
the contents thereof.
n o County, P
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
20 , at o'clock M. served the
Sew \/ k,
copy of the original
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-06339 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MID PENN BANK
VS
827 W TRINDLE PARTNERS ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
827 W TRINDLE PARTNERS
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of ALLEGHENY
serve the within COMPLAINT a NOTICE
County, Pennsylvania, to
On January 27th , 2009 , this office was in receipt of the
attached return from ALLEGHENY
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Allegheny Co 115.00
Postage 4.45
1 J V. Z J
01/27/2009
MARKIAN SLOBODIAN
Sworn and subscribe to before me
this day of
So answe
R. Thomas Kline
Sheriff of Cumberland County
A. D.
c:)
Lu -
Cl-
L
:?
..
c 1
.
...
4...
.!
LLJ?
«1
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-06339 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MID PENN BANK
VS
827 W TRINDLE PARTNERS ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
KOPPERMAN MORTON S
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of ALLEGHENY County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On January 27th , 2009 , this office was in receipt of the
attached return from ALLEGHENY
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
So answe
R. Thomas Kline
Sheriff of Cumberland County
01/27/2009
MARKIAN SLOBODIAN
Sworn and subscribe to before me
this day of
A. D.
q
Cl) .
Cl-
...u ...l_ f\J
Lu
C`J V
In The Court of Common Pleas of Cumberland County, Pennsylvania
Mid Penn Bank
vs.
827 W. Trindle Partners
SERVE: 827 W. Trindle Partners
,161 t? bL" Drt
Now, January 6, 2009
No. 08-6339 civil
.
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Allegheny
deputation being made at the request and risk of the Plaintiff.
County to execute this Writ, this
YSheriff of Cumberland County, PA
Please mail return.of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, -1C1vr, \ S , 20 66 , at ka .60 o'clock P . M. served the
within Cow\a.?,??.
Upon S a-1 at (2C
by handing to
a
copy of the original
and made known to V\ the contents thereof.
So answers,
Sworn and subscribed before
me this day of 120.
riff of County,
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
In The Court of Common Pleas of Cumberland County, Pennsylvania
10
Mid Penn Bank
VS.
827 W. Trindle Partners
SERVE: Morton S. Kopperman
?4 I "9
Now, January 6, 2009
08-6339 civil
No.
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Allegheny
deputation being made at the request and risk of the Plaintiff.
County to execute this Writ, this
Sheriff of Cumberland County, PA'
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, 71CAn vs , 20 Og , at of, ao o'clock M. served the
within
upon
T
by handing to 1n k*
a
copy of the original
and made known to \-\ t V" the contents thereof.
So answers,
Sworn and subscribed before
me this day of , 20
Sheriff of County, PA
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
MID PENN BANK ; IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 08-6339 - Civil Term
827 W. TRINDLE PARTNERS, MORTON S.: CIVIL ACTION
KOPPERMAN, & GARY M. KOPPERMAN:
Defendants
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST
DEFENDANTS 827 W. TRINDLE PARTNERS & MORTON S. KOPPERMAN ONLY
TO: THE PROTHONOTARY OF CUMBERLAND COUNTY.
Pursuant to Pa.R. Civ. P. No. 1037(b), enter judgment in favor of Mid Penn Bank, Plaintiff in
the above-captioned action, and against Defendants 827 W. Trindle Partners and Morton S.
Kopperman only in the above-captioned action, for failure to file an Answer to Plaintiffs Complaint
within twenty (20) days from the date of service of said Complaint and assess Plaintiff s damages in
the total sum of $ 163,360.60 as follows:
The following amounts are due on the First Note:
a. Balance of principal (as of 3/9/09): $ 160,498.67
b. Interest at 7.25% per annum through
3/9/09 ($31.59 per diem): $ 1,974.93
c. Late charges: $ 837.00
d. Satisfaction fees: $ 50.00
d. Attorneys' fees (as authorized by Note &
Mortgage): To Be Added
TOTAL as of March 9, 2009: $ 163,360.60*
*Plus attorneys' fees as authorized by the Note & Mortgage, plus interest from March 10, 2009 at
the contract rate of 7.25 % ($31.59 per diem) until judgment is satisfied.
I hereby certify that written Notices of Intention to File this Praecipe for Entry of Default
Judgment were served in accordance with Pa.R.C.P. No. 237.1. A True and correct copy of the
aforesaid Notice is attached hereto as Exhibit "A".
I hereby certify that the last known address of the Defendants are:
827 W. Trindle Partners
981 Ridgebury Drive
South Park, PA 15129
Morton S. Kopperman
981 Ridgebury Drive
South Park, PA 15219
LAW OFFICES OF MARKIAN R. SLOBODIAN BY-
MAR CIAN R. SLOBODIAN, ESQ.
ID No. 41075
801 North Second Street
Dated: 3 I i O b'?
Harrisburg, PA 17102
(717) 232-5180
Attorneys for Plaintiff, Mid Penn Bank
2
EXHIBIT "A"
ft.
13M a
MID PENN BANK
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
CASE NO. 08-6339 - Civil Term
827 W. TRINDLE PARTNERS, MORTON S.: CIVIL ACTION
KOPPERMAN, & GARY M. KOPPERMAN:
Defendants
NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT
TO: 827 W. Trindle Partners
981 Ridgebury Drive
South Park, PA 15129
DATED: February 5, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
LAW OFFICES OF MARKIAN R. SLOBODIAN
BY Ic
MARKIAN R. SLOBODIAN, ESQ.
I.D. No. 41075
801 North Second Street
Harrisburg, PA 17102
?? ?o c 4 (717) 232-5180
Dated: Attorneys for Plaintiff, Mid Penn Bank
1A Ci
MID PENN BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 08-6339 - Civil Term
827 W. TRINDLE PARTNERS, MORTON S.: CIVIL ACTION
KOPPERMAN, & GARY M. KOPPERMAN:
Defendants
NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT
TO: Morton S. Kopperman
981 Ridgebury Drive
South Park, PA 15129
DATED: February 5, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street _
Carlisle, PA 17013
1-800-990-9108
LAW OFFICES OF MARKIAN R. SLOBODIAN
BY XI-1-
MARKIAN R. SLOBODIAN, ESQ.
I.D. No. 41075
801 North Second Street
Harrisburg, PA 17102
(717) 232-5180
Dated: ??? ?? ° Attorneys for Plaintiff, Mid Penn Bank
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Praecipe for Entry Default
Judgment on the Defendants by United States mail, first class, postage prepaid and addressed to the
following individual(s):
827 W. Trindle Partners
981 Ridgebury Drive
South Park, PA 15129
Morton S. Kopperman
981 Ridgebury Drive
South Park, PA 15219
Dated: A, tit ? bl,
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MID PENN BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 08-6339 - Civil Term
827 W. TRINDLE PARTNERS, MORTON S.: CIVIL ACTION
KOPPERMAN, & GARY M. KOPPERMAN:
Defendants
NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236
NOTICE OF DEBTOR'S RIGHTS TO DEFENDANTS 827 W. TRINDLE PARTNERS
& MORTON S. KOPPERMAN, ONLY
TO: 827 W. Trindle Partners and Morton S. Kopperman, Defendant(s)
You are hereby notified that on S1 ial?? , 2009 judgment has been entered against
you in the above-captioned case in the total sum of $163,360.60, plus attorneys' fees, plus the
following amounts accruing starting March 10, 2009:
a. Interest at rate specified of 7.25% per annum from March 10, 2009 until
Defendants satisfy their judgment obligation; and,
b. Additional attorneys' fees and expenses from March 10, 2009, plus
costs of suit.
/?/( - - - - , ?Ck-'t
DATE:
Protho
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
1-800-990-9108
I hereby certify that the following is the address of the Defendant(s) stated in the certificate of
residence:
827 W. Trindle Partners
981 Ridgebury Drive
South Park, PA 15129
Morton S. Kopperman
981 Ridgebury Drive
South Park, PA 15219
LAW OFFICES OF MARKIAN R. SLOBODIAN
/41.
Markian R. Slobodian, Esq.
ID #41075
801 North Second Street
Harrisburg, PA 17102
717/232-5180
By:
MID PENN BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 08-6339 - Civil Term
827 W. TRINDLE PARTNERS, MORTON S.: CIVIL ACTION
KOPPERMAN, & GARY M. KOPPERMAN:
Defendants
NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236
NOTICE OF DEBTOR'S RIGHTS TO DEFENDANTS 827 W TRINDLE PARTNERS
& MORTON S. KOPPERMAN, ONLY
TO: 827 W. Trindle Partners and Morton S. Kopperman, Defendant(s)
You are hereby notified that on 2009 judgment has been entered against .. 311,1710 you in the above-captioned case in the total sum of $163,360.60, plus attorneys' fees, plus the
following amounts accruing starting March 10, 2009:
a. Interest at rate specified of 7.25% per annum from March 10, 2009 until
Defendants satisfy their judgment obligation; and,
b. Additional attorneys' fees and expenses from March 10, 2009, plus
costs of suit.
DATE: Olt
Pro o
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
1-800-990-9108
I hereby certify that the following is the address of the Defendant(s) stated in the certificate of
residence:
827 W. Trindle Partners
981 Ridgebury Drive
South Park, PA 15129
Morton S. Kopperman
981 Ridgebury Drive
South Park, PA 15219
LAW OFFICES OF MARKIAN R. SLOBODIAN
?
??- -
By:
Markian R. Slobodian, Esq.
ID #41075
801 North Second Street
Harrisburg, PA 17102
717/232-5180
4
MID PENN BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 08-6339 - Civil Term
827 W. TRINDLE PARTNERS, MORTON S.: CIVIL ACTION
KOPPERMAN, & GARY M. KOPPERMAN:
Defendants
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST
DEFENDANT GARY M. KOPPERMAN
TO: THE PROTHONOTARY OF CUMBERLAND COUNTY.
Pursuant to Pa.R. Civ. P. No. 1037(b), enter judgment in favor of Mid Penn Bank, Plaintiff in
the above-captioned action, and against Defendant Gary M. Kopperman in the above-captioned
action, for failure to file an Answer to Plaintiff's Complaint within twenty (20) days from the date of
service of said Complaint and assess Plaintiff's damages in the total sum of $ 163,360.60 as follows:
The following amounts are due on the Note:
a. Balance of principal (as of 3/9/09): $ 160,498.67
b. Interest at 7.25% per annum through
3/9/09 ($31.59 per diem): $ 1,974.93
c. Late charges: $ 837.00
d. Satisfaction fees: $ 50.00
d. Attorneys' fees (as authorized by Note &
Mortgage): To Be Added
TOTAL as of March 9, 2009: $ 163,360.60*
*Plus attorneys' fees as authorized by the Note & Mortgage, plus interest from March 10, 2009 at
the contract rate of 7.25% ($31.59 per diem) until judgment is satisfied.
I hereby certify that written Notices of Intention to File this Praecipe for Entry of Default
Judgment were served in accordance with Pa.R.C.P. No. 237.1. A True and correct copy of the
aforesaid Notice is attached hereto as Exhibit "A".
I hereby certify that the last known address of the Defendants are:
Gary M. Kopperman
17 North 26th Street
Camp Hill, PA 17011
LAW OFFICES OF MARKIAN R. SLOBODIAN
B ? '4?--
Y
MARKIAN R. SLOBODIAN, ESQ.
ID No. 41075
801 North Second Street
Harrisburg, PA 17102
(717) 232-5180
/? v q Attorneys for Plaintiff, Mid Penn Bank
Dated: 3 t
2
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rv." 3(„? ?q
MID PENN BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 08-6339 - Civil Term
827 W. TRINDLE PARTNERS, MORTON S.: CIVIL ACTION
KOPPERMAN, & GARY M. KOPPERMAN:
Defendants
NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT
TO: Gary M. Kopperman
17 North 26' Street
Camp Hill, PA 17011
DATED: March 11, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
LAW OFFICES OF MARKIAN R. SLOBODIAN
By.
Dated: 3/I 1 to y
MARKIAN R. SLOBODIAN, ESQ.
I.D. No. 41075
801 North Second Street
Harrisburg, PA 17102
(717) 232-5180
Attorneys for Plaintiff, Mid Penn Bank
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Praecipe for Entry Default
judgment on the Defendants by United States mail, first class, postage prepaid and addressed to the
following individual(s):
Gary M. Kopperman
17 North 26th Street
Camp Hill, PA 17011
Karen L. Hay arroll, al Secretary
Dated:
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MID PENN BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 08-6339 - Civil Term
827 W. TRINDLE PARTNERS, MORTON S.: CIVIL ACTION
KOPPERMAN, & GARY M. KOPPERMAN:
Defendants
NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236
NOTICE OF DEBTOR'S RIGHTS TO DEFENDANTGARY M. KOPPERMAN
TO: Gary M. Kopperman, Defendant(s)
You are hereby notified that on A " , 2009 judgment has been entered against
you in the above-captioned case in the total sum of $163,360.60, plus attorneys' fees, plus the
following amounts accruing starting March 10, 2009:
a. Interest at rate specified of 7.25% per annum from March 10, 2009 until
Defendants satisfy their judgment obligation; and,
b. Additional attorneys' fees and expenses from March 10, 2009, plus
costs of suit.
DATE:
Qibt D9
Pro tary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
1-800-990-9108
Y .
I hereby certify that the following is the address of the Defendant(s) stated in the certificate of
residence:
Gary M. Kopperman
17 North 26' Street
Camp Hill, PA 17011
LAW OFFICES OF MARKIAN R. SLOBODIAN
By.
Markian R. Slobodian, Esq.
ID #41075
801 North Second Street
Harrisburg, PA 17102
717/232-5180
4
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MID PENN BANK IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVAN
CIVIL ACTION -LAW
vs.
No. 08-6339
827 W. TRINDLE PARTNERS,
MORTON S. KOPPERMAN and
GARY M. KOPPERMAN,
Defendants
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of Markian R. Slobodian, whose address is 8~1
North Second Street, Harrisburg, Pennsylvania 17102-3213, as attorney for Mid Penn
Bank, the Plaintiff in the above-captioned matter.
Date: ~ 2 ~ , 2012
Bv: ~%~ '~''~_
MARKIAN R. SLOBODIAN
I.D. #41075
801 North Second Street
Harrisburg, PA 17102-3213
(717) 232-5180
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HENRY & BEAVER LLP
By: Marc A. Hess
Identification No. 55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
MID PENN BANK IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
vs.
No. 08-6339
827 W. TRINDLE PARTNERS,
MORTON S. KOPPERMAN and
GARY M. KOPPERMAN,
Defendants
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Marc A. Hess, of the law firm of Henry & Beave
LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania
17042-1140, as attorney for Mid Penn Bank, the Plaintiff in the above-captioned matte
Dated ~ C o ~' , 2012
~' HENRY 8~ BEAVER LLP
By:
MARC A. HESS
I.D. #55774
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 08-6339 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MID PENN BANK Plaintiff (s)
From 827 W. TRINDLE PARTNERS, MORTON S. KOPPERMAN AND GARY M.
KOPPERMAN
(1) You are directed to lery 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: $160,498.67 L.L.: $.50
Interest AT 7.25% PER ANNUM THROUGH 3/9/2009 ($31.59 PER DIEM) - $1,974.93
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $549.10 Other Costs: LATE CHARGES - $837.00 -SAT
FEES - $50.00
Plaintiff Paid:
Date: 8/31 /12
~~
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,b,,K ta~
David D. Buell, Prothonotary
(Seal) ~~ ~
--
Deputy
REQUES`fING PARTY:
Name: MARC A. HESS, ESQUIRE
Address: HENRY & BEAVER LLP
937 WILLOW STREET
P.O. BOX 1140
LEBANON, PA 17042
Attorney for: PLAINTIFF
Telephone: 717-274-3644
Supreme Court ID No. 55774
HENRY & BEAVER LLP
By: Marc A. Hess
Identification No. 55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
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Z~IZ AUG 3 J AP910: 20
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AF~NSYLV~INIA
MID PENN BANK IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLV
CIVIL ACTION -LAW
vs.
No. 08-6339
827 W. TRINDLE PARTNERS,
MORTON S. KOPPERMAN and
GARY M. KOPPERMAN,
Defendants
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary:
Issue a Writ of Execution in the above matter directed to the Sheriff of
Cumberland County to levy upon the real property commonly known as 827 W. Trindle
Road, Mechanicsburg, Cumberland County, Pennsylvania 17055-4058, Parcel No. 22-
24-0783-037, and as more fully described in Exhibit "A" attached hereto.
Balance of Principal (as of 3/9/2009) - $ 160,498.67
Interest at 7.25% per annum through
3/9/2009 ($31.59 per diem) - 1,974.93
Late Charges - 837.00
Satisfaction Fees - 50.00
Attorney's Fees (as authorized by Note and Mortgage) To be addec
O.C.C.P. -
This Writ -
PLUS attorney's fees as authorized by the Note and Mortgage, plus interest from N
10, 2009 at the contract rate of 7.25% ($31.59 per diem) until judgment is satisfied.
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Attorney for Plaintiff
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ALL THOSE two (2) certain adjoining pieces or parcels of land situated in the Townsh
of Monroe, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows:
PARCEL NO. 1: BEGINNING at a point in the center of the Trindle Road, at the corn
of property formerly of C. Irvin Horrocks, Jr. and wife, now or formerly of Thomas W.
Cawthern and wife, thence along the lone of said property now or formerly of Thomas
W. Cawthern and wife, South twenty (20) degrees thirty (30) minutes East, a distance
one hundred seventy (170) feet to a point on the line of a proposed eighteen (18) foot
alley; thence along the line of said alley; South sixty-nine (69) degrees thirty (30)
minutes West, a distance of one hundred thirty (130) feet to a point of Parcel No. 2
hereinbelow; thence along the line of Parcel No. 2 hereinbelow, North twenty (20)
degrees thirty (30) minutes West, a distance of one hundred seventy (170) feet to a
point in the center line of said Trindle Road, aforesaid; thence along the center line of
said Trindle Road, North sixty-nine (69) degrees thirty (30) minutes East, a distance o
one hundred thirty (130) feet to a point, the place of BEGINNING.
HAVING erected thereon a masonry commercial building known and numbered as 82
West Trindle Road, Mechanicsburg, Pennsylvania 17055.
PARCEL NO. 2: BEGINNING at a point in the center line of the Trindle Road at the
northwestern corner of Parcel No. 1 described hereinabove; thence in a southerly
direction along the western line of said Parcel No. 1 hereinabove, a distance of one
hundred seventy (170) feet, more or less, to a point on a proposed eighteen (18) foot
alley; thence in a westerly direction along the northern line of said alley, a distance of
twenty-five (25) feet, more or less, to a point on the eastern line of Wertz Avenue as
shown on a Plan of lots known as "Revised Plan of Trindle Spring Manor", which said
Plan of lots is recorded in the Cumberland County Recorder's Office in Plan Book 10,
Page 36; thence northwardly along the eastern line of said Wertz Avenue as shown o
the aforementioned Plan, a distance of one hundred seventy (170) feet, more or less,
a point in the center line of the Trindle Road; thence eastwardly along the center line
the Trindle Road, a distance of twenty-five (25) feet, more or less, to the point and pl2
of BEGINNING.
BEING the same property conveyed by Keystone Financial Bank, N.A., formerly
Financial Trust, a Pennsylvania banking corporation, to 827 W. Trindle Partners by
Deed dated July 12, 1999, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania on July 22, 1999 at Record Book 204, Page 39(
KNOWN AS 827 W. Trindle Road, Mechanicsburg, Pennsylvania
PARCEL NO. 22-24-0783-037
ajr~ ~-,~;~ r.
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A
HENRY & BEAVER LLP
By: Marc A. Hess
Identification No. 55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
MID PENN BANK IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVAN
CIVIL ACTION -LAW
vs.
No. 08-6339
827 W. TRINDLE PARTNERS,
MORTON S. KOPPERMAN and
GARY M. KOPPERMAN,
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
Mid Penn Bank, Plaintiff in the above action, sets forth as of the date the
Praecipe for the Writ of Execution was filed and as of the present time the following
information concerning the real property located at 827 W. Trindle Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055-4058, Parcel No. 22-24-
0783-037, and having a legal description as set forth on Exhibit "A" attached hereto
incorporated by reference:
1. Name and address of Owners or Reputed Owners:
Name
827 W. Trindle Partners
Address
981 Ridgebury Drive
South Park, PA 15129
827 W. Trindle Partners
827 W. Trindle Partners
827 W. Trindle Partners
c/o Morton S. Kopperman
981 Ridgebury Drive
South Park, PA 15129
c/o Gary M. Kopperman
17 North 26th Street
Camp Hill, PA 17011
827 W. Trindle Road
Mechanicsburg, PA 17055-4058
Morton S. Kopperman 981 Ridgebury Drive
South Park, PA 15129
Gary M. Kopperman 17 North 26th Street
Camp Hill, PA 17011
2. Name and address of Defendants in the judgment.
Name
827 W. Trindle Partners
Address
981 Ridgebury Drive
South Park, PA 15129
827 W. Trindle Partners
827 W. Trindle Partners
827 W. Trindle Partners
Morton S. Kopperman
c/o Morton S. Kopperman
981 Ridgebury Drive
South Park, PA 15129
c/o Gary M. Kopperman
17 North 26th Street
Camp Hill, PA 17011
827 W. Trindle Road
Mechanicsburg, PA 17055-4058
981 Ridgebury Drive
South Park, PA 15129
- 2 -
Gary M. Kopperman
17 North 26th Street
Camp Hill, PA 17011
3. Name and last known address of every judgment creditor whose judgment is
a record lien on the real property to be sold:
Name Address
Manufacturers and Traders M&T Bank -Mail Code NY2-P120
Trust Company One M&T Plaza
Buffalo, NY 14203
Mid Penn Bank
5500 Allentown Boulevard
Harrisburg, PA 17112
Innovative Realty Concepts, LLC
Monroe Township Municipal Authority
1006 North Second Street
Harrisburg, PA 17102
1220 Boiling Springs Road
Mechanicsburg, PA 17055
4. Name and address of the last recorded holder of every mortgage of record:
Name
Manufacturers and Traders
Trust Company
Address
M&T Bank -Mail Code NY2-P120
One M&T Plaza
Buffalo, NY 14203
Mid Penn Bank
5500 Allentown Boulevard
Harrisburg, PA 17112
5. Name and Address of every other person who has any record lien on the
property:
Name
Address
n/a
- 3 -
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
n/a
7. Name and address of every other person of whom the Plaintiff has
who has any interest in the property which may be affected by the sale:
Name Address
Tenant /Occupant 827 W. Trindle Road
Mechanicsburg, PA 17055-4058
Restoration Clinic, Inc.
827 W. Trindle Road
Mechanicsburg, PA 17055-4058
Cumberland Valley School District
Monroe Township
Monroe Township Tax Collector
Cumberland County Tax Claim
Cumberland County Treasurer
Cumberland Co. Domestic Relations
Support Division
6746 Carlisle Pike
Mechanicsburg, PA 17050
1220 Boiling Springs Road
Mechanicsburg, PA 17055
Mary A. Murray
1375 Creek Road
Boiling Springs, PA 17007
Cumberland County Courthouse
One Courthouse Square, Room 106
Carlisle, PA 17013
Cumberland County Courthouse
One Courthouse Square, Room 103
Carlisle, PA 17013
13 North Hanover Street
P.O. Box 320
Carlisle, PA 17013
- 4 -
Commonwealth of Pennsylvania
Department of Revenue
Bureau of Compliance
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Taxes
Inheritance Tax Division
Attn: John Murphy
Department of Public Welfare
T.P.L. Casualty Unit
Estate Recovery Program
Intemal Revenue Service
Federal Estate Tax
Special Procedures Branch
Internal Revenue Service
Advisory Unit
Commonwealth of Pennsylvania
Dept. of Labor and Industry
Department 280946
Harrisburg, PA 17125-0946
P.O. Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Square
Department 280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105
600 Arch Street
P.O. Box 1205
Philadelphia, PA 19105
600 Arch Street, Room 3259
Philadelphia, PA 19106
Office of U.C. Tax Services
333 Market Street, 16th Floor
Harrisburg, PA 17101-2236
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 stateme
herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsecation to authorities.
Date: August 30, 2012
HENIW & B
By:
I . D. #55774
Attorney for Plaintiff
- 5 -
ALL THOSE two (2) certain adjoining pieces or parcels of land situated in the Townsh
of Monroe, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows:
PARCEL NO. 1: BEGINNING at a point in the center of the Trindle Road, at the corns
of property formerly of C. Irvin Horrocks, Jr. and wife, now or formerly of Thomas W.
Cawthern and wife, thence along the lone of said property now or formerly of Thomas
W. Cawthern and wife, South twenty (20) degrees thirty (30) minutes East, a distance
one hundred seventy (170) feet to a point on the line of a proposed eighteen (18) foot
alley; thence along the line of said alley; South sixty-nine (69) degrees thirty (30)
minutes West, a distance of one hundred thirty (130) feet to a point of Parcel No. 2
hereinbelow; thence along the line of Parcel No. 2 hereinbelow, North twenty (20)
degrees thirty (30) minutes West, a distance of one hundred seventy (170) feet to a
point in the center line of said Trindle Road, aforesaid; thence along the center line of
said Trindle Road, North sixty-nine (69) degrees thirty (30) minutes East, a distance of
one hundred thirty (130) feet to a point, the place of BEGINNING.
HAVING erected thereon a masonry commercial building known and numbered as 82;
West Trindle Road, Mechanicsburg, Pennsylvania 17055.
PARCEL NO. 2: BEGINNING at a point in the center line of the Trindle Road at the
northwestern corner of Parcel No. 1 described hereinabove; thence in a southerly
direction along the western tine of said Parcel No. 1 hereinabove, a distance of one
hundred seventy (170) feet, more or less, to a point on a proposed eighteen (18) foot
alley; thence in a westerly direction along the northern line of said alley, a distance of
twenty-five (25) feet, more or less, to a point on the eastern line of Wertz Avenue as
shown on a Plan of lots known as "Revised Plan of Trindle Spring Manor", which said
Plan of lots is recorded in the Cumberland County Recorder's Office in Plan Book 10,
Page 36; thence northwardly along the eastern line of said Wertz Avenue as shown o
the aforementioned Plan, a distance of one hundred seventy (170) feet, more or less,
a point in the center line of the Trindle Road; thence eastwardly along the center line
the Trindle Road, a distance of twenty-five (25) feet, more or less, to the point and pla
of BEGINNING.
BEING the same property conveyed by Keystone Financial Bank, N.A., formerly
Financial Trust, a Pennsylvania banking corporation, to 827 W. Trindle Partners by
Deed dated July 12, 1999, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania on July 22, 1999 at Record Book 204, Page 39(
KNOWN AS 827 W. Trindle Road, Mechanicsburg, Pennsylvania
PARCEL NO. 22-24-0783-037
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2012AUG3I AI~10:~I
C~~~£R~-ADD COUNTY
~'ENNS YI-VANtA
HENRY & BEAVER LLP
By: Marc A. Hess
Ident~cation No. 55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
MID PENN BANK IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVAN
CIVIL ACTION -LAW
vs.
No. 08-6339
827 W. TRINDLE PARTNERS,
MORTON S. KOPPERMAN and
GARY M. KOPPERMAN,
Defendants
TAKE NOTICE that a Sheriff's sale of valuable real estate will be held at the
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania in a
room location to be posted at every entrance on
WEDNESDAY
DECEMBER 5, 2012
10:00 A.M.
PREVAILING LOCAL TIME
of all the estates, rights, titles, properties, claims and demands of the property of 827
Trindle Partners which are more fully described below:
OWNER OF PROPERTY:
LOCATION OF PROPERTY
TO BE SOLD:
DESCRIPTION OF PROPERTY
827 W. Trindle Partners
827 W. Trindle Road
Mechanicsburg, Cumberland County
Pennsylvania
Parcel No. 22-24-0783-037
TO BE SOLD: A legal description is attached hereto,
incorporated herein and ident~ed as Exhibit
..A..
IMPROVEMENTS ON PROPERTY: together with all improvements
and appurtenances.
This Sheriffs sale takes place pursuant to a Judgment against 827 W. Trindle
Partners, Morton S. Kopperman and Gary M. Kopperman in favor of Mid Penn Bank
which Judgment was entered at No. 08-6339 in the amount of:
Balance of Principal (as of 3/9/2009) - $ 160,498.67
Interest at 7.25% per annum through
3/9/2009 ($31.59 per diem) - 1,974.93
Late Charges - 837.00
Satisfaction Fees - 50.00
Attorney's Fees (as authorized by Note and Mortgage) To be adde
Total as of March 9, 2009 - $ 163,360.6
PLUS attorney's fees as authorized by the Note and Mortgage, plus interest from Marc
10, 2009 at the contract rate of 7.25% ($31.59 per diem) until judgment is satisfied. If
you have a question about the full amount due and owing through the date of Sheriff's
Sale, you can get that information by contacting the attorney whose name, address an
telephone number appears below.
-2-
TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a
date not later than thirty (30) days after the Sheriffs sale and distribution will be made i
accordance with that Schedule of Distribution unless exceptions are filed thereto within
ten (10) days after the filing of the Schedule of Distribution. No further notice of the
filing of Schedule of Distribution will be given.
YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY.
Any lien or interest you have in the above property may be forever lost or otherwise
impaired if you do not properly take action to protect such lien or interest. You may
have legal rights to prevent any lien or interest you have in the above property from
being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a
petition with the above Court of Common Pleas in order to open or strike the above
judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or
objection to the judgment or the execution procedures used, or for any other proper
causes. After the Sheriffs Sale, but before delivery of the Sheriffs Deed to the real
property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for
any other proper causes also may be filed with said Court. You also may have the righ
to free legal help. A lawyer can advise you more spec~cally of these and other rights
you may have regarding the above matters. If you wish to exercise your rights,
however, you must act promptly or you may lose such rights.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D(
-3-
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 7013
(717) 249-3166 or (800) 990-9108
Marc A. Hess
I.D. #55774
HENRY & BEAVER LLP
Attorney for Plaintiff
Ronny R. Anderson
Sheriff of Cumberland County
-4-
ALL THOSE two (2) certain adjoining pieces or parcels of land situated in the Townsh
of Monroe, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows:
PARCEL NO. 1: BEGINNING at a point in the center of the Trindle Road, at the corns
of property formerly of C. Irvin Horrocks, Jr. and wife, now or formerly of Thomas W.
Cawthern and wife, thence along the lone of said property now or formerly of Thomas
W. Cawthern and wife, South twenty (20) degrees thirty (30) minutes East, a distance
one hundred seventy (170) feet to a point on the line of a proposed eighteen (18) foot
alley; thence along the line of said alley; South sixty-nine (69) degrees thirty (30)
minutes West, a distance of one hundred thirty (130) feet to a point of Parcel No. 2
hereinbelow; thence along the line of Parcel No. 2 hereinbelow, North twenty (20)
degrees thirty (30) minutes West, a distance of one hundred seventy (170) feet to a
point in the center line of said Trindle Road, aforesaid; thence along the center line of
said Trindle Road, North sixty-nine (69) degrees thirty (30) minutes East, a distance c
one hundred thirty (130) feet to a point, the place of BEGINNING.
HAVING erected thereon a masonry commercial building known and numbered as
West Trindle Road, Mechanicsburg, Pennsylvania 17055.
PARCEL NO. 2: BEGINNING at a point in the center line of the Trindle Road at the
northwestern corner of Parcel No. 1 described hereinabove; thence in a southerly
direction along the western line of said Parcel No. 1 hereinabove, a distance of one
hundred seventy (170) feet, more or less, to a point on a proposed eighteen (18) foot
alley; thence in a westerly direction along the northern line of said alley, a distance of
twenty-five (25) feet, more or less, to a point on the eastern line of Wertz Avenue as
shown on a Plan of lots known as "Revised Plan of Trindle Spring Manor", which said
Plan of lots is recorded in the Cumberland County Recorder's Office in Plan Book 10,
Page 36; thence northwardly along the eastern line of said Wertz Avenue as shown of
the aforementioned Plan, a distance of one hundred seventy (170) feet, more or less,
a point in the center line of the Trindle Road; thence eastwardly along the center line c
the Trindle Road, a distance of twenty-five (25) feet, more or less, to the point and pla
of BEGINNING.
BEING the same property conveyed by Keystone Financial Bank, N.A., formerly
Financial Trust, a Pennsylvania banking corporation, to 827 W. Trindle Partners by
Deed dated July 12, 1999, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania on July 22, 1999 at Record Book 204, Page 391
KNOWN AS 827 W. Trindle Road, Mechanicsburg, Pennsylvania
PARCEL NO. 22-24-0783-037
,.
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor £ FiCE OF THS SkERIFIF ( GC kt Ci fGt Frv� LG GL`� J
Pell i n
Mid Penn Bank Case Number
vs. 2008-6339
827 West Trindle Partners(et al.)
SHERIFF'S RETURN OF SERVICE
09/14/2012 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and
inquiry for the within named Defendant,to wit: 827 West Trindle Partners, but was unable to locate the
Defendant in his bailiwick. He therefore deputized the Sheriff of Allegheny County to serve the within Real
Estate Writ, Notice and Description, in the above titled action, according to law.
09/14/2012 Ronny R.Anderson, Sheriff,being duly sworn according to law,states that he made a diligent search and
inquiry for the within named Defendant,to wit: Morton S. Kopperman,but was unable to locate the
Defendant in his bailiwick. He therefore deputized the Sheriff of Allegheny County to serve the within Real
Estate Writ, Notice and Description, in the above titled action, according to law.
10101/2012 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff
of Allegheny County upon Patricia Kopperman,Wife of Morton S. Kopperman,who accepted for Morton
S. Kopperman, at 981 Ridgebury Drive, South Park, PA 15129, So Answers: Hon.William Mullen, Sheriff.
10/01/2012 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff
of Allegheny County upon Patricia Kopperman,Wife of Morton Kopperman,who accepted for 827 West
Trindle Partners,at 981 Ridgebury Drive, South Park, PA 15129. So Answers: Hon. William Mullen,
Sheriff.
10/01/2012 08:57 PM-Deputy Ryan Burgett, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 827 W. Trindle Road, Monroe Township, Mechanicsburg,
PA 17055, Cumberland County.
10/09/2012 07:49 PM-Deputy Valerie Weary, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant,to wit:
Gary M Kopperman at 17 N 26th Street, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County.
12/05/2012 As directed by Marc A. Hess,Attorney for the Plaintiff, Sheriffs Sale Continued to 2/6/2013
02/06/2013 Ronny R.Anderson, Sheriff, 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
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,Cumberland County, Pennsylvania on
February 6, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Marc A. Hess, on
behalf of Mid Penn Bank, being the buyer in this execution, paid to the Sheriff the sum of$
SHERIFF COST: $1,573.20 SO ANSWERS,
March 28, 2013 RbNtrY R ANDERSON, SHERIFF
eel
(c)CountySuite Sheriff,Teleosofl,Inc. 1"e g-3 C
COPY
HENRY & BEAVER LLP
By: Marc A. Hess
Identification No. 55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
MID PENN BANK IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
No. 08-6339
827 W. TRINDLE PARTNERS,
MORTON S. KOPPERMAN and
GARY M. KOPPERMAN,
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
Mid Penn Bank, Plaintiff in the above action, sets forth as of the date the
Praecipe for the Writ of Execution was filed and as of the present time the following
information concerning the real property located at 827 W. Trindle Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055-4058, Parcel No. 22-24-
0783-037, and having a legal description as set forth on Exhibit "A" attached hereto and
incorporated by reference:
1. Name and address of Owners or Reputed Owners:
Name Address
827 W. Trindle Partners 981 Ridgebury Drive
South Park, PA 15129
827 W. Trindle Partners c/o Morton S. Kopperman
981 Ridgebury Drive
South Park, PA 15129
827 W. Trindle Partners c/o Gary M. Kopperman
17 North 26th Street
Camp Hill, PA 17011
827 W. Trindle Partners 827 W. Trindle Road
Mechanicsburg, PA 17055-4058
Morton S. Kopperman 981 Ridgebury Drive
South Park, PA 15129
Gary M. Kopperman 17 North 26th Street
Camp Hill, PA 17011
2. Name and address of Defendants in the judgment.
Name Address
827 W. Trindle Partners 981 Ridgebury Drive
South Park, PA 15129
827 W. Trindle Partners c/o Morton S. Kopperman
981 Ridgebury Drive
South Park, PA 15129
827 W. Trindle Partners c/o Gary M. Kopperman
17 North 26th Street
Camp Hill, PA 17011
827 W. Trindle Partners 827 W. Trindle Road
Mechanicsburg, PA 17055-4058
Morton S. Kopperman 981 Ridgebury Drive
South Park, PA 15129
- 2 -
Gary M. Kopperman 17 North 26th Street
Camp Hill, PA 17011
3. Name and last known address of every judgment creditor whose judgment is
a record lien on the real property to be sold:
Name Address
Manufacturers and Traders M&T Bank - Mail Code NY2-P120
Trust Company One M&T Plaza
Buffalo, NY 14203
Mid Penn Bank 5500 Allentown Boulevard
Harrisburg, PA 17112
Innovative Realty Concepts, LLC 1006 North Second Street
Harrisburg, PA 17102
Monroe Township Municipal Authority 1220 Boiling Springs Road
Mechanicsburg, PA 17055
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Manufacturers and Traders M&T Bank - Mail Code NY2-P120
Trust Company One M&T Plaza
Buffalo, NY 14203
Mid Penn Bank 5500 Allentown Boulevard
Harrisburg, PA 17112
5. Name and Address of every other person who has any record lien on the
property:
Name Address
n/a
- 3 -
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
n/a
7. Name and address of every other person of whom the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Name Address
Tenant / Occupant 827 W. Trindle Road
Mechanicsburg, PA 17055-4058
Restoration Clinic, Inc. 827 W. Trindle Road
Mechanicsburg, PA 17055-4058
Cumberland Valley School District 6746 Carlisle Pike
Mechanicsburg, PA 17050
Monroe Township 1220 Boiling Springs Road
Mechanicsburg, PA 17055
Monroe Township Tax Collector Mary A. Murray
1375 Creek Road
Boiling Springs, PA 17007
Cumberland County Tax Claim Cumberland County Courthouse
One Courthouse Square, Room 106
Carlisle, PA 17013
Cumberland County Treasurer Cumberland County Courthouse
One Courthouse Square, Room 103
Carlisle, PA 17013
Cumberland Co. Domestic Relations 13 North Hanover Street
Support Division P.O. Box 320
Carlisle, PA 17013
4 -
M
Commonwealth of Pennsylvania Department 280946
Department of Revenue Harrisburg, PA 17125-0946
Bureau of Compliance
Commonwealth of Pennsylvania P.O. Box 2675
Department of Welfare Harrisburg, PA 17105
Commonwealth of Pennsylvania 6th Floor, Strawberry Square
Bureau of Individual Taxes Department 280601
Inheritance Tax Division Harrisburg, PA 17128
Attn: John Murphy
Department of Public Welfare Willow Oak Building
T.P.L. Casualty Unit P.O. Box 8486
Estate Recovery Program Harrisburg, PA 17105
Internal Revenue Service 600 Arch Street
Federal Estate Tax P.O. Box 1205
Special Procedures Branch Philadelphia, PA 19105
Internal Revenue Service 600 Arch Street, Room 3259
Advisory Unit Philadelphia, PA 19106
Commonwealth of Pennsylvania Office of U.C. Tax Services
Dept. of Labor and Industry 333 Market Street, 16th Floor
Harrisburg, PA 17101-2236
1 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 unsworn
falsification to authorities.
HEN & B V LP
i _ �
Date: August 30, 2012 By:
M RC ESS
I.D. #55774
Attorney for Plaintiff
- 5 -
ALL THOSE two (2) certain adjoining pieces or parcels of land situated in the Township
of Monroe, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows:
PARCEL NO. 1: BEGINNING at a point in the center of the Trindle Road, at the corner
of property formerly of C. Irvin Horrocks, Jr. and wife, now or formerly of Thomas W.
Cawthern and wife, thence along the lone of said property now or formerly of Thomas
W. Cawthern and wife, South twenty (20) degrees thirty (30) minutes East, a distance of
one hundred seventy (170) feet to a point on the line of a proposed eighteen (18) foot
alley; thence along the line of said alley; South sixty-nine (69) degrees thirty (30)
minutes West, a distance of one hundred thirty (130) feet to a point of Parcel No. 2
hereinbelow; thence along the line of Parcel No. 2 hereinbelow, North twenty (20)
degrees thirty (30) minutes West, a distance of one hundred seventy (170) feet to a
point in the center line of said Trindle Road, aforesaid; thence along the center line of
said Trindle Road, North sixty-nine (69) degrees thirty (30) minutes East, a distance of
one hundred thirty (130) feet to a point, the place of BEGINNING.
HAVING erected thereon a masonry commercial building known and numbered as 827
West Trindle Road, Mechanicsburg, Pennsylvania 17055.
PARCEL NO. 2: BEGINNING at a point in the center line of the Trindle Road at the
northwestern comer of Parcel No. 1 described hereinabove; thence in a southerly
direction along the western line of said Parcel No. 1 hereinabove, a distance of one
hundred seventy (170) feet, more or less, to a point on a proposed eighteen (18) foot
alley; thence in a westerly direction along the northern line of said alley, a distance of
twenty-five (25) feet, more or less, to a point on the eastern line of Wertz Avenue as
shown on a Plan of lots known as "Revised Plan of Trindle Spring Manor", which said
Plan of lots is recorded in the Cumberland County Recorders Office in Plan Book 10,
Page 36; thence northwardly along the eastern line of said Wertz Avenue as shown on
the aforementioned Plan, a distance of one hundred seventy (170) feet, more or less, to
a point in the center line of the Trindle Road; thence eastwardly along the center line of
the Trindle Road, a distance of twenty-five (25) feet, more or less, to the point and place
of BEGINNING.
BEING the same property conveyed by Keystone Financial Bank, N.A., formerly
Financial Trust, a Pennsylvania banking corporation, to 827 W. Trindle Partners by
Deed dated July 12, 1999, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania on July 22, 1999 at Record Book 204, Page 390.
KNOWN AS 827 W. Trindle Road, Mechanicsburg, Pennsylvania
PARCEL NO. 22-24-0783-037
777,
HENRY & BEAVER LLP
By: Marc A. Hess
Identification No. 55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
MID PENN BANK IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
No. 08-6339
827 W. TRINDLE PARTNERS,
MORTON S. KOPPERMAN and
GARY M. KOPPERMAN,
Defendants
NOTICE OF SHERIFF'S_: t PUMA 1T TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania in a
room location to be posted at every entrance on
WEDNESDAY
DECEMBER 5, 2012
10:00 A.M.
PREVAILING LOCAL TIME
of all the estates, rights, titles, properties, claims and demands of the property of 827 W.
Trindle Partners which are more fully described below:
OWNER OF PROPERTY: 827 W. Trindle Partners
LOCATION OF PROPERTY
TO BE SOLD: 827 W. Trindle Road
Mechanicsburg, Cumberland County
Pennsylvania
Parcel No. 22-24-0783-037
DESCRIPTION OF PROPERTY
TO BE SOLD: A legal description is attached hereto,
incorporated herein and identified as Exhibit
"All
IMPROVEMENTS ON PROPERTY: together with all improvements
and appurtenances.
This Sheriffs sale takes place pursuant to a Judgment against 827 W. Trindle
Partners, Morton S. Kopperman and Gary M. Kopperman in favor of Mid Penn Bank
which Judgment was entered at No. 08-6339 in the amount of:
Balance of Principal (as of 3/9/2009) - $ 160,498.67
Interest at 7.25% per annum through
3/9/2009 ($31.59 per diem) - 1,974.93
Late Charges - 837.00
Satisfaction Fees - 50.00
Attorney's Fees (as authorized by Note and Mortgage) To be added
Total as of March 9, 2009 - $ 163,360.60
PLUS attorney's fees as authorized by the Note and Mortgage, plus interest from March
10, 2009 at the contract rate of 7.25% ($31.59 per diem) until judgment is satisfied. If
you have a question about the full amount due and owing through the date of Sheriffs
Sale, you can get that information by contacting the attorney whose name, address and
telephone number appears below.
- 2 -
TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a
date not later than thirty (30) days after the Sheriffs sale and distribution will be made in
accordance with that Schedule of Distribution unless exceptions are filed thereto within
ten (10) days after the filing of the Schedule of Distribution. No further notice of the
filing of Schedule of Distribution will be given.
YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY.
Any lien or interest you have in the above Property may be forever lost or otherwise
impaired if you do not properly take action to protect such lien or interest. You may
have legal rights to prevent any lien or interest you have in the above property from
being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a
petition with the above Court of Common Pleas in order to open or strike the above
judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or
objection to the judgment or the execution procedures used, or for any other proper
causes. After the Sheriffs Sale, but before delivery of the Sheriffs Deed to the real
property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for
any other proper causes also may be filed with said Court. You also may have the right
to free legal help. A lawyer can advise you more specifically of these and other rights
you may have regarding the above matters. If you wish to exercise your rights,
however, you must act promptly or you may lose such rights.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
- 3 -
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 7013
(717) 249-3166 or (800) 990-9108
Ronny R. Anderson
Sheriff of Cumberland County
t
Marc A. Hess
I.D. #55774
HENRY & BEAVER LLP
Attorney for Plaintiff
- 4 -
ALL THOSE two (2) certain adjoining pieces or parcels of land situated in the Township
of Monroe, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows:
PARCEL NO. 1: BEGINNING at a point in the center of the Trindle Road, at the corner
of property formerly of C. Irvin Horrocks, Jr. and wife, now or formerly of Thomas W.
Cawthern and wife, thence along the lone of said property now or formerly of Thomas
W. Cawthern and wife, South twenty (20) degrees thirty (30) minutes East, a distance of
one hundred seventy (170) feet to a point on the line of a proposed eighteen (18) foot
alley; thence along the line of said alley; South sixty-nine (69) degrees thirty (30)
minutes West, a distance of one hundred thirty (130) feet to a point of Parcel No. 2
hereinbelow; thence along the line of Parcel No. 2 hereinbelow, North twenty (20)
degrees thirty (30) minutes West, a distance of one hundred seventy (170) feet to a
point in the center line of said Trindle Road, aforesaid; thence along the center line of
said Trindle Road, North sixty-nine (69) degrees thirty (30) minutes East, a distance of
one hundred thirty (130) feet to a point, the place of BEGINNING.
HAVING erected thereon a masonry commercial building known and numbered as 827
West Trindle Road, Mechanicsburg, Pennsylvania 17055.
PARCEL NO. 2: BEGINNING at a point in the center line of the Trindle Road at the
northwestern corner of Parcel No. 1 described hereinabove; thence in a southerly
direction along the western line of said Parcel No. 1 hereinabove, a distance of one
hundred seventy (170) feet, more or less, to a point on a proposed eighteen (18) foot
alley; thence in a westerly direction along the northern line of said alley, a distance of
twenty-five (25) feet, more or less, to a point on the eastern line of Wertz Avenue as
shown on a Plan of lots known as "Revised Plan of Trindle Spring Manor", which said
Plan of lots is recorded in the Cumberland County Recorder's Office in Plan Book 10,
Page 36; thence northwardly along the eastern line of said Wertz Avenue as shown on
the aforementioned Plan, a distance of one hundred seventy (170) feet, more or less, to
a point in the center line of the Trindle Road; thence eastwardly along the center line of
the Trindle Road, a distance of twenty-five (25) feet, more or less, to the point and place
of BEGINNING.
BEING the same property conveyed by Keystone Financial Bank, N.A., formerly
Financial Trust, a Pennsylvania banking corporation, to 827 W. Trindle Partners by
Deed dated July 12, 1999, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania on July 22, 1999 at Record Book 204, Page 390.
KNOWN AS 827 W. Trindle Road, Mechanicsburg, Pennsylvania
PARCEL NO. 22-24-0783-037
�u
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWE-A-L':#POF PENNSYLVANIA) NO. 08-6339 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 827 W.TRINDLE PARTNERS,MORTON S.KOPPERMAN AND GARY M.
KOPPERMAN
(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: $160,498.67 L.L.:$.50
Interest AT 7.25%PER ANNUM THROUGH 3/9/2009($31.59 PER DIEM)-$1,974.93
Atty's Comm: % Due Prothy:$2.25
Arty Paid:$549.10 Other Costs: LATE CHARGES-$837.00-SAT
FEES-$50.00
Plaintiff Paid:
Date:8/31/12
David D.Buell,Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name: MARC A.HESS,ESQUIRE
Address:HENRY&BEAVER LLP
TRUE COPY FROM RECORD
937 WILLOW STREET In Testimony whereat I here unto M my hand
P.O.BOX 1140 and the goal of said Court at Carlisle,Pa.
This 31 day of 20 la—
LEBANON,PA 17042 Prothonotary
Attorney for: PLAINTIFF u -6 P
Telephone: 717-274-3644
Supreme Court ID No. 55774
»
On
September 4ky ,.
17055 full ' "
and »
Cate; September 5, 2M2
err{
..a s
By:
Claudia }
Z 1 q d h- d35 1181
�0 3"�� v
CUMBERLAND LAW JOURNAL
Writ No.2008-6339 Civil Term Parcel No. 1 described hereinabove;
thence in a southerly direction along
MID PENN BANK the western line of said Parcel No. 1
VS. hereinabove,a distance of one hun-
dred seventy(170)feet,more or less,
Morton S.Kopper an to a point on a proposed eighteen(18)
G 'M. K foot alley;thence in a westerly direc-
� opp�an tion along the northern line of said al-
Atty.: Marc A.Hess ley,a distance of twenty-five(25)feet,
ALL THOSE two(2)certain a4join- more or less,to a point on the eastern
ing pieces or parcels of land situated line of Wertz Avenue as shown on a
in the Township of Monroe, County Plan of lots known as"Revised Plan
Of Cumberland and Commonwealth of Trindle Spring manor,, which
of Pennsylvania, more particularly said Plan of lots is recorded in the
bounded and described as follows: Cumberland County Recorder's Of-
PARCEL NO. 1: BEGINNING at fice in Plan Book 10,Page 36;thence
a point in the center of the Trindle northwardly along the eastern line of
Road, at the corner of property for- said Wertz Avenue as shown on the
merly of C. Irvin Horrocks, Jr. and aforementioned Plan, a distance of
wife,now or formerly of Thomas W. one hundred seventy(170)feet,more
Cawthern and wife,thence along the or less,to a point in the center line of
lone of said property now or formerly the Trindle Road;thence eastwardly
of Thomas W. Cawthorn and wife, along the center line of the Trindle
South twent 20 de ees thirty Road, a distance of twenty-five (25
(30)minutes East,a distance of one feet, more or less, to the point and
hundred seventy(170)feet to a point place of BEGINNING.
on the line of a proposed eighteen BEING the same property con-
(18)foot alley;thence along the line veyed by Keystone Financial Bank,
of said alley; South sixty-nine (69) NA., formerly Financial Trust, a
degrees thirty (30) minutes West, a Pennsylvania banking corporation,
distancae of one hundred thirty(130) dated July 12in 999,and recorded m
point of Parcel No.2 herein- '
below;thence along the line of Parcel the Office of the Recorder of Deeds in
No.2 hereinbelow,North twenty(20) and for Cumberland County, Penn,-
degrees thirty (30) minutes West, Sylvania on July 22, 1999 at Record
a distance of one hundred seventy Book 204,Page 390.
(170) feet to a point in the center KNOWN AS 827 W.Trindle Road,
line of said Trindle Road, aforesaid; Mechanicsburg,Pennsylvania.
thence along the center line of said PARCEL NO.22-24-0783-037.
Trindle Road, North sixty-nine (69)
degrees thirty (30) minutes East, a
distance of one hundred thirty(130)
feet to a point, the place of BEGIN-
NING.
HAVING erected thereon a ma-
sonry commercial building known
and numbered as 827 West Trindle
Road,Mechanicsburg,Pennsylvania
17055.
PARCEL NO. 2:BEGINNING at a
point in the center line of the Trindle
Road at the northwestern corner of
17
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587,approved May 16, 1929),P. L.1784
COMMONWEALTH OF PENNSYLVANIA
. ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne,Esquire,Editor of the Cumberland Law Journal,of the County and
State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law
Journal,a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices,and has, since January 2, 1952,been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 26, November 2 and November 9,2012
Aff"iant fixnher 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.
c
3(sa Marie Coyne, for
SWORN TO AND SUBSCRIBED before me this
9 day of November. 2012
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
2008.6339 Civil Term
MID PENN BANK
vs
/02 7 WEST TRINDLE PARTNERS
Morton S Kopperman
Gary M Kopperman
Atty:Marc A.Hess
ALI THOSE two(2)certain adjoining
pies,rs or parcels of land situated in
the':bwnship of Monroe,County of
Cumberland and Commonwealth of
Pennsylvania,more particularly bounded
and described as follows:
PARCEL NO.1:BEGINNING at a point in
the center of the Trindle Road,at the corner
of property formerly of C.Irvin Horrocks,
Jr.and wife,now or formerly of Thomas W.
Cawthern and wife,thence along the lone
of said property now or formerly of Thomas
W.Cawthem and wife,South twenty(20)
degrees thirty(30)minutes East,a distance
of one hundred seventy(170)feet to a point
on the line of a proposed eighteen(18)foot
alley:thence along the line of said alley;
South sixty-nine(69)degrees thirty(30)
minutes West,a distance of one hundred
thirty(130)feet to a point of Parcel No.
,he cinbelow;thence along the lure of
Parcel No.2 hereinbelow,North twenty
(20)degrees thirty(30)minutes West,a
distance of one hundred seventy(170)feet
to a point in the center line of said Trindle
Road,aforesaid;thence along the center line
of said Trindle Road,North sixty-nine(69)
degrees thirty(30)minutes East,a distance
of one hundred thirty(130)feet to a point,
the place of BEGINNING.
HAVING erected thereon a masonry
commercial building known and numbered
as 827 West Trindle Road,Mechanicsburg,
Pennsylvania 17055.
PARCEL NO.1:BEGINNING at a point
in the center Tine of the Trindle Road at
the northwestern comer of Parcel No.
I described hereinabove;thence in a
southerly direction along the western line
of said Parcel No.1 hereinabove,a distance
of one hundred seventy(170)feet,more or
less,to a point on a proposed eighteen(18)
Foot alley;thence in a westerly direction
along the northern line of said alley,a
distance of twenty-five(25)feet,more or
less,to a point on the eastern line of Wertz
Avenue as shown on a Plan of lots known
as"Revised Plan of Trindle Spring Manor",
which said Plan of lots is recorded in the
Cumberland County Recorder's Office in
Plan Book 10,Page 36;thence northwardly
along the eastern line of said Wertz
Venue as shown on the aforementioned
Plan,a distance of one hundred seventy
(170)feet,more or less,to a point in the
center line of the Trindle Road;thence
castwardly along the center line of the
Trindle Road,a distance of twenty-five(25)
feet,more or less,to the point and place of
BEGINNING.
BEING the same property conveyed by
Keystone Financial Bank,NA.,formerly
Financial Trust,a Pennsylvania banking
corporation,to 827 W.Trindle Partners by
Deed dated July 12,1999,and recorded
in the Office of the Recorder of Deeds in
and for Cumberland County,Pennsylvania
on July 22,1999 at Record Book 204,
Page 390.Known as 827 W.Trindle Road,
%lechanicshure.Pennsylvania
The Patriot-News Co.
2020 Techhology Pkwy O
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
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
Holly Blain, being duly swom according to law, deposes and says:
`I
That she is a Staff Accountant of The Patriot News Co., a corporation organize end existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 chnology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at.1900 Patriot Drive, 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/Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she 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
C in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s)shown below:
10/26/12
11/02/12
11/09/12
Sworn d ub ore me his 1 ay ov ber, 2012 A.D.
Notary 06lic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sherrie L.Owens,Notary Riblk
Lower Paxton Twp.,Dauphin County
My Cpmmission Expires Nov.26,2015
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I SS:
I,Robert P. Ziegler,Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Mid Penn Bank is the grantee the same having been sold to said grantee on
the 6th day of Ftbnga A.D.,2013,under and by virtue of a writ Execution issued on the 31 st day of
August,A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term,2008 Number
6339,at the suit of Mid Penn Bank against 827 W. Trindle Partners,Morton S. Kpppernan and Gary M.
Kopperman is duly recorded as Instrument Number 201309868.
IN TESTIMONY WHEREOF, I have 1!! unto set my hand
and seal of said office this day of
A.D.,
C.0 R
of DM s
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