Loading...
HomeMy WebLinkAbout09-0507u i REED SMITH LLP By: Derek J. Baker, Esquire Identification No. 82207 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 215-851-8100 215-851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION Plaintiff, V. ALTIERI ENTERPRISES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. X07 e1V)I Tlvm Defendant. 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 an 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. US-ACTIVE-1 01029010. 1 -DJBAKER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 -2- REED SMITH LLP By: Derek J. Baker, Esquire Identification No. 82207 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 215-851-8100 215-851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION Plaintiff, V. ALTIERI ENTERPRISES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 0 9• _5,0,7 Defendant. VERIFIED COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Wachovia Bank, National Association, by and through its attorneys, Reed Smith LLP, files this Verified Complaint In Mortgage Foreclosure and in support thereof states as follows: Parties 1. Plaintiff, Wachovia Bank, National Association (the "Plaintiff'), is a national banking association with an office at 123 S. Broad Street, Philadelphia Pennsylvania 19103, and is authorized to do business in the Commonwealth of Pennsylvania. 2. Upon information and belief, Defendant, Altieri Enterprises, Inc. (the "Defendant"), is a Maryland corporation, with an office at 9017 Red Branch Rd., Suite 201, Columbia, MD 21045. Factual Allegations 3. On or about June 30, 2004, the Plaintiff, as lender, and Altieri Development Corporation (the "Borrower") entered into that certain Loan Agreement and various other documents in connection therewith (collectively, the "Credit Agreement") pursuant to which the Plaintiff made certain credit accommodations available to the Borrower. 4. On of about June 30, 2004, the Defendant executed that certain Guaranty in favor of the Plaintiff (the "Guaranty") pursuant to which the Defendant guaranteed the Borrower's prompt payment and performance of all obligations under the Credit Agreement. On or about June 30, 2004, the Defendant executed that certain Open-End Mortgage and Security Agreement (the "Mortgage") in favor of the Plaintiff as security for the obligations of the Defendant under the Guaranty. The Mortgage was duly recorded in the Office of the Recorder of Deeds for Cumberland County, PA at Book No. 1888, Page 3839. A true and correct copy of the Mortgage is attached hereto, and incorporated herein by reference, as Exhibit «A 6. Pursuant to the terms of the Mortgage, the Defendant granted the Plaintiff a mortgage lien on and security interest in certain real property located in Silver Spring Township, Cumberland County, PA (the "Real Property"), together with all present and future fixtures, furniture, furnishings, machinery, equipment, accessories, tools, appliances and apparatus and other articles of tangible personal property, together with all replacements, substitutions or additions and all proceeds therefrom (collectively, the "Personal Property"). 7. Events of default occurred under the terms of the Credit Agreement and -2- the Guaranty (collectively, the "Events of Default"). 8. Events of default have occurred and are continuing under the Mortgage as a result of the occurrence of the Events of Default (the "Mortgage Default", and together with the Events of Defaults, the "Defaults"). 9. Pursuant to the terms of the Mortgage, upon the occurrence of the Defaults, all amounts payable under the Credit Agreement and the Guaranty were declared to be immediately due and payable. 10. The amount due and owing under the Credit Agreement, the Guaranty and the Mortgage as of January 15, 2009 is $3,339,910.62 (including outstanding principal, interest, and fees), plus legal fees and costs, additional interest (at the default rate of interest), and other changes accruing from and after January 15, 2009. 11. The amounts due and owing under the Credit Agreement, the Guaranty and the Mortgage as of January 15, 2009 are itemized as follows: a) $3,209,674.63 in principal; b) $128,524.41 in interest; and c) $1,711.58 in late fees. 12. Pursuant to the terms of the Mortgage, upon the occurrence of Defaults, the Plaintiff is entitled to commence an action in mortgage foreclosure with respect to the Mortgaged Properties. 13. All conditions precedent to entry of judgment have occurred, have been performed, or have been waived. -3- 14. It is believed, and it is therefore averred, that the Defendant is and, at all times relevant hereto, has been the legal owner of the Real Property. 15. Act 91 is not applicable to this matter. 16. Act 6 is not applicable to this matter. WHEREFORE, Plaintiff, Wachovia Bank, National Association hereby demands that a judgment in mortgage foreclosure be entered in its favor and against the Defendant in the total amount of $3,339,910.62 plus interest (including the default rate), late fees and other charges accruing after January 15, 2009, costs of suit and attorneys' fees, and for such other relief as this Court deems just and proper. REED Dated: January it By: Derek J. ker, Esquire (82207) 2500 Ode L berry Place 1650 rk Street Philadelp ia, PA 19103-7396 215-851-8100 215-851-1420 (telecopy) Attorneys for Wachovia Bank, National Association -4- REED SMITH LLP By: Derek J. Baker, Esquire Identification No. 82207 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 215-851-8100 215-851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION Plaintiff, V. ALTIERI ENTERPRISES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. Defendant. VERIFICATION Karen Jamieson hereby states that she is a Vice President for Wachovia Bank, National Association and verifies that the statements made in the foregoing Verified Complaint In Mortgage Foreclosure is true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 PA. CONS. STAT. Arta. § 4904 relating to unworn falsification to authorities. J , 2009 Milo ?v Dated: January Karen Jamieson Vice President Wachovia Bank, National Association US_ACTIVE-101029010.1-DJBAKER 1/20/0910:28 AM Olt ,(,? "C -7o ,o q C-Cc ROBERT P. ZIEGLEI -r-C,UyL ! D ' pojLkc? r'. (Ccrtr?beriand County, Penrreylvania) 5QI P pd'g- THIS MORTGAGE SECURES FUTURE ADVANCES ` r13 MORTGAGE AND SECURITY AGREEMENT dated! 21 (logether with a amendments or motions hereto In effect from time to time, the "Mortgage"), between AL ENTERPRISES, INC, a Maryland corporation having an office at 8017 Red Branch Road, Suite 201, 21045, Attaention: Todd Cope, controller ("Mort?gagW), and WACHOVIA BANK NATIOM ASSOCIATION, a national baNdng association, having an offtce at 1751 Pinnacle Drive, North Tower, 4* Floor, Mclean, Virginia 22102, Aftntion: Commercial Real Estate Portfolio Manage ("Mortgagee"). WITNESSEI'H: s Indebted WHEREAS, Allied Development Corporation, a Maryland corporation ("Borrower"), ("tIst thereon, to Mortgages in the maximum principal sum of $15,000,000 (the "Loan"), as evidenced by a certain Promissory Note dated June 30, 2004 from Borrower to the order of Mortgagee (the and all of Borrowers obligedons tD Mortgagee In accordance Mortgagor dated June 30, (the "Guarorrty"); and with the Guaranty WHEREAS, Agreement WHEREAS, Mortgagor is the owner of fee simple title to those certain tracts of land located In Cumberland County, Pennsylvania as more particularly described In Schedule "A" attached hereto and made a part hereof (the "Red E'cstall6l; and WHEREAS, to Induce Mortgagee to make the Loan and to secure payment of the Guaranty and the other obligations described below, Mortgagor has agreed to execute and deliver this Mortgage. GRANTING CLAUSES NOW, THEREFORE, to secure to Mortgagee p) the repayment of all surne due from Mortgagor the Guaranty (end an extensions, renewals, replacements and amendments thereof under this Mortgage, as such ton is defined in the Note, the "Loan Doe+>arrerKs"); 01) the and the other Loan DocurseMs ( performance of d terms, cortdtions and covenants set forth in the Loan Documents; (m) the payment of due under or in wMwcdOn with any Present or aA reimbursement Obligations due or that may became all o1her future letters of ctedft issued by Mortgage to for the Mortgagee of °f Sommer or er kind or character and )whenever obligations or indebtedness of Mortgagor and expenses, borrowed or incurred, including without limitation, principal, Interest, fees, late charges including attorneys' fees (subsections p), (P)- 01), and (Iv) collectively, the "Lidoo a Mortgagor has granted and corrveyed and by these presents DOES HEREBY MORTGAGE, GRANT AND CONVEY TO MORTGAGEE, ITS SUCCESSORS AND ASSIGNS, In fee $knple, all of Mortgagor's right, title and Interest now owned or hareafter acquired in and to each of the following (collectively, the "Proper Y"): (A) The Real Estate; (B) Any and all buildings and improvements now or hereafter erected on, under or over the Real Estate (the "Improvements"); (C) Any and all fixtures, machinery, equipment and other articles of real, personal or mixed property, belonging to Mortgagor, at any time now or hereafter installed In, attached to or situated in or upon the Real Estate, or the buildings and improvements now or hereafter erected thereon, or used or of the buildings and Intended to be used in connection with the Real Estate, or in the operation rebuilt or mixed improvements, plant business or dwelling situate thereon, whether or not such real, pens the fo mixed property Is or shall be affixed thereto, and all replacements, substitutions and proceeds of JA 12001 \1225412nwd - Cunlbe'WW Co PAW"Pr - Cumberland County.DOC C BK i 888PG3839 (all of the foregoing herein called the "Service Equipment"), IndudkV without Amitahen' (I wall cover appAan, restaurant a and furnishings; launddrry ??, utensils appliances,and egquuonent; all sup; all is and bar, kitchen decorations, awr*W, shr toils and accessories; ell storm and screen windows, sh building service tbdures, nlecltinenY binds, signs, trees, shrubbery and other plantings; (A) all equipment of any idnd whatsoever; all Aghting, heating, v i? ixric?dions, a Winkling, plumbing, socurity, irrigating, cleaning, Incinerating, we" fire proontion and wWnguWftl systems, i tires, apparatus, machinery and equ"ont; all eiew eecedatom I ft, cranes, hoists and platforms; all pipes, conduits, Virgo, boAers, tanks, molars, env; Vansformers and generators; (S) all building mm*Mb, bu furneces and OOm buM*V equipment all me dsAvered on site to the Real Estate doming the course of, machinery fittlings. and construction or repair or renovation of the bu9dngs and Improveimentr, (1w) thwat, and all connection aoo sac>r ft, accessions, substitutions and replacements therefor and ) all books ledgers, reports and records relating to arty of the foregoing; or flies, ' (p) Any and all lessee, subleases, tenancles, licenses, occupancy agreements or of the Real Estate, Improvements, Service Equipment or all or any agreements to ee all or any nation other portion of th the Properly and all extenskuns, renewals, amendmsr?ts ( and thereof, and any options. rights of lust refusal or guarantees accounts, M vas, Issue", profits, an rents, Income, recce, revenues, seau ty nil otherwise arWng guar the Real Estate, awards and payments of any kind payable under the Lessss 1 ?9+ Amilatlon, mprovWnents, rents, Santos additional Equiprnert or all or any other rents, portion or the Property ? and deflderwy minimum :the m personal prop state rants, additional rent nts, peraertsge Pang, referred to as ollacacts " , general ?a? s conVad rights ({ )9 arty right to pa " and Contracta'): all accounts ) of any nature relating to the Real Estate, thereunder, whether or not earned by or the use, occupancy, Improvements Service Equipment or all or any other Portion of the ProW all maneBemerd agreements, *WChise operation ihereot' maintenance. constru, repair or agreements, utility reeeements and deposits, building ?Ps contracts, ?; an construction contracts and arcllitect's agreerrrents; A and all Insurance policies, books of warranties and guaranties: all permits, licensee and approvals; to the use, construction upon, account and other documents, of whatever kind or character, relating nt or all or any other Equipment occupancy. n of the WMAng, sal e (E) Any and aorn estates, operation of rights, the Real Estate, Improvements, Service tenements, he fedliaments, priviiegas, errW"M a, reversions, remeNndere and appurtenances of any kind tenanting or wPPUrt rMd to the Real Estate, improvements or all or any other portion of the Property all means of access to and from the Real Estate, Improvements or of the Property, whether public or private; all streets, alleys, PONM % Wets, all or any other Portion or all or any oti>er water courses, water and mineral rights relating to the Real Estate, Improvements dada of the rtY:all rights of mortgagor as declarant or unit owner under any Po Property w including, without limitation, all to the development Estate, Improvements or all or any other portion of the condominium or association applicable mart and special dedarant rights; and all other rob In, or to the O)qmmft cde l demands of Mortgagor, either at law or in equity, In possession or the foregol nncy of of, , In In, or to this (all described In Real Estate, Improvements or all or any other potion of the Property subsection E herein called the "Appurbrrancsa"); and (F) Any and all 'proceeds" of any of the above-described Real Estate, Imp Are how the Service Equipment, Leases, Rents, Contracts and Appurtenances, which term 'proceeds- to It In the Uniform Commercial Code (the "Code") of the State In which the Pr the rty is use, meaning (givencollectively, the "Proceeds") and "I additionally Include whatever coceived n o 8r of the boated lease, , sale, excheunge, transfer, collection or other utilization or any disposition rtenarxses, voluntary Real Estate, Improvements, Service Equipment, Leases, Rents, Ca*octs APPu or involuntary, whether cash or non-cash, Including proceeds of insurance end condemnation awards, rental or lease Payments, accents, chattel paper, Instruments, documents, contract rights. general intangibles, equipment and inventory. JA12001a122540wd • Cw*oftnd Co PA*"IPP - c,**d d County.DOC 2 8K 1888PG3840 TO HAVE AND TO HOLD the above granted and conveyed Property unto and to the proper us and benefit of Mortgagee, Its success" and a% forever the express condition' that if (I) all th PROVIDED ALWAYS, and these presents are upon and any ottw amounts due under or i Liabilities, Including **OA ,imitation, all termkmtlon paymenla full, (,) each until Y eVYeP agroerrrarhts secured herehshder or by the Guaranty, are and the other Los qm, warranty, agreement and covenant of this Mortgage hereunder or th and a Documents am compiled with and abided by, and (IN) any swap aproe ? estate secured h ed?shall Guaranty have matured or been terrninated, then this Mortgage and to 410013Y Deese and be null and void and canceled of record. made s part of thk Mortgage to the same exden The teams of the Loan DocunWta are hereby fermis not otlhemM?ise defined herein at 05 If to the99 forth Wain. m in the Loan aDocuments- shaandh with have the the same meaning ng ascribed Mortgagor covensrb and agrees with and represents to Mortgagee as follows: AND . This Mortgage shah .acne any and all 1• under the t.bb?Nlbe made by Mortge9°°, indudlmg, without present or future advance. and readvarhoee limitation: (®) al, InWos% late charges, fan and other emourb due order the I.isbillties or this princip of =.; mortgage; (b) all advances by Mortgagee to Mores or any other Person Pay cost" completion of any Improvementalteration, pair, our tests incuyMMWWand 89es for ths PaY? of real estate taxes, property, (c) all an charges, maintenance charges, insurance Premiums, appraisal assessments or other governmental audR testing or comp,ace costs, and costs incurred by Mortgagee charges, environmentd inspection, of the Property or the Ilan of this Mortgage; and (d) all legcl fees, costs for the erdoroernent and ?e by °nn o f the by reason of any default or otherwise fn connectont with the and other expenses incu the term of ttds Mortgage or following a Llab,ldes. Mortgagor agrees that if, at any time during of foreclosure), Mortgagor falls to foreclosure hereof (whether before or alter the entry Of Odgment without,rritetw, payment perform or observe any covenant or obNgstlon under to Mortgage Including, as am ly may (but shal not be obligated to talks steps AN Mortgages nonobaenw= sprovide PeYmerht that'eof• of any of a foregoing. ) necessary by shall be added to the amount secured by this Mortgage and the other is edv Documents sn (and. Iadvanced ced after the entry of a )APOrd of ioredoeure, by such hrdg mt of Loan on demand, together with interest at the Default Retie wt forth foreclosure), and shah be due and payable from the data of such advance to the date of repsyment In the Note such Interest to be calculated at tam is defined in 42 Pa. C.SA thereof. This Mortgage is intended to be an "open-end mortgage th , M « hereby i revoc:ably and Section 8143. To the maximum extent permitted Mortgagor or anyone acting on unconditionally waives any right that may now or hereafter exist pteumni?gperty with reaped. to any future Its behalf, by notice or otherwise, to limit Mortgagee advance by Mortgages. 2. ...? -•? wsmsQANT1ES AeID COVENANTS. Mortgagor she, (a) Pay to Mortgagee all sums required to 2.1. with their stated terms and conditions; be paid by Mortgagor under the Loan Documents, in accordance Documents (b) Perform and comply with a, term., condtNons and coven all st of forth in each Mortgagors obligations the Loan and duties by which Mortgagor Is bound; and (C) Perform and comply as landlord under any Leases. 2.2. Saisln and_W?tBU&. Mortgagor hereby warrants that (a) Mortgagor is seized of an indefeasible estate in fee .Ih>pie in, and werWts the title to, the Property; (b) Mortgagor has the right, full and assign the same to Mortgagee In the manner and form power and lawful authority to grant, convey is a valid and enforceable first Ilan on the property. suthjed to the set forth herein; and (c) this mortgage issued to Mores In connection with exceptions set forth in Schedule B -1 of any title Insuren policy (preserve such title and the validity and the Loan. Mortgagor hereby covenants that Mortgago Priority of the lien of tis h Mortgage and shall forever warrant and defend the same to Mortgages against J:112001A122M412mod - Cumbert W Co PAWio %PP - Cumbedsnd cou*.DOc 3 8K i 888PG384 I all lawful claims whatsoever, and (b) execute, acknowledge and deliverl such fur ado ? > this assurances as may at any thne hereafter be required by MOV09ce Proted Mortgage. shall obtain and rhainigln at all times throughout the term of pensive gen pubde IiabiNty insurance covering ON 2.3. !lam- (a) Mortgagor eral this Mortgage the following insurance. (f) comprehensive of Mortgagor: (ti) -Ad-WW fire and extended coverage hazard Mhsuxance ( = Commerciol Property Ply witlh Special Cause of Lou form) covering property In , kidWing amount not less than 100% of the agreed upon full Mhsuralble replacement of the Prop", coverage for loss of rents or business Interruption; (ii) during the cohrse of any construction' recorhstrucgon, remodeling or repair of any Improvements, buklare' ad-riak extended coverage insurance VOW with Special Cause of Logs form) In amounts based upon the completed (o Corlplebed Va ciudIng roads, p areas' Paths' wdkwayg r"WOO!'nent vAde that occupancy by any person value of the improveneents (eho shall not void such and We M pvmmorsb) and endorsed to pr to the National Flood Ina narwe Reform (iv) if the property is required to be insured pursuant Act of 1994, and the regulations promulgated thereunder' flood Insurance In an amours at least to sWlbUtSbI0 value of the agreed upon full insurabb reptooement value of the baser the Property wthid with the compiles to the Real Estate) or tihe maximum limit of sae available; N) Insurance shall be required to e wooyers' wily laws of ad states In which Mortgagor wodwW compensation maintain such Insurarsce; and (v1) such other insurance as Mortgagee may roasormbly require- Each Insurance policy required under this Section shad. (i) be written by an insurance (d) company m*aixed or doensed to do business In the state within which the Property is s located having an K aftgory of not less than Alfred M. Best Company. Ina rating of -A= or higher and a ifnandal size reasonable approval of be for terms of a least one year, with Premium Pfd; (111) be expiratdates; and (iv) Mortgagee as to Insurance companies, amounts, content, tams of polloiss and Hama Mortgagee, its successors and assig. (1) as an additional Insured under an dabA ,tee policles, and (2) as the first mortgagee, under a standard non-contributory mhortgagee property instance policies and ell loss of rents or km of business income Insurance policies. (c) Mortgagor further agrees that each insurance Policy. (i) shad provide at bast 30 days' policy reduCilon or c?ncollation for any reason; (d) shell prior written notice to Mortgagee PW to any b the Insurer that any loin shall be payabb to Mortgagee contain an endorsement or afire policy Or n9gilge"ce of Mortgagor which might accordance with the terms of such py nolwif Inge end Vft ofd, aim, deduction otherwise result In forfeiture of such and i insurance; shall exclude Mortgages from the operation of any or subrogation against Mortgagor, coinsurance clause. prior to the expiration of any insurance podgy. Mortgagor shall (d) At asst 30 days b furnish evidence satisfacbry to Mortgagee that such policy has been renewed or replaced or Is no longer required. (e) Notwithstanding the foregoing' In the event that Mortgagor falls to maintain Insurance elects to obtain insurance to protect its Interests in accordance with this section obmi2•n•' Iansu?ranae ee y amount and of any type Mortgagee deems In an hereunder, MOF" ogee's Interest only and Mortgagee shad have no duty or obligation to the benwft Of Mortgagor. WopftW to g? maintain Insurance in any greater amount or of any other' type fs sole cost and expense In Mort AN Insurance premiums incurred or pat! by Mortgagee shall be at Mortgagor' accordance with Section 1 hereof. Mortgagee's eaction to obtain insurance shall not be deemed to waive any Event of Default (as hereinafter defined) hereunder. 2.4. Taxes and O Mortgagor shad promptly pay and dwdharge ad taxes, assessments, water and sewer rants, and other govern mental charges upon the property when due, but in no event afar interest or penalties comrnenc a to accrue tihereon or become a lion upon the shall have the right to contest, at its own expense' by property. Notwithstanding the c lorsping onducted. in good falth and with due diligence. the amount or validity of such taxesappropriate, beau pr assessmeniproceedings water and newer rents' or other govemrnental charges' (a) 412WI \1225 awd • CWnbsrland Co PAWlWVOI e - Cumberland C=".DOC 4 $K i 888PG3842 Mortgagor has established on its books or by deposit of cash with Naha ?) s m thereof le such amount as Mortgagee may sa reserve for the payrrrent whkfi may be iniftled to enforce Woperates to prevent CoUction . stay any P ? such kern. Mortgagor shall Promptly P? to item, and prevent a ease of the property pay wow of recelpted tax bills, canceled decks or other evidence sat3afactorY to mortgages, uponrrew o- such taxes, as..ment., water and sswW rents, and other governmental any c charges have been timely paid. Mortgagor shall not claim or demand or be er«OW to on account of the Usbilitiess for any part of the taxes paid with respect to the Property, wW part thereof an no deduction shall otherwlee be made or claimed from the taxable value of the Properly, or any P thereof, by reason Of this Mortgage. B uired by Ma%lagee, Mortgagor : Prey to Mortgages, Comnoncing on 2.5. rei and oontinuhrg on the first day of each the lust day of the first month after the data n such request sucoseding month, a sum equal to (a) the amount of the next InataNtrrent Of taxes and assessments levied On the Insurance or assaesed against the Property, and/or (b) the premiums which will next becoINS all me d sums already paid ides required by this Mortgage, all in amounts as estimated thereof. divided by Mortgagee, the number of payments therefor or deposited with Mortgagee for the payment eto become duel month prior to the data when such taxes and aesassn?errts and/or Pram as before app uch Dcebis, will become due, such store to be held by Mortgagee to pay the same when due. If s escrow kinds are not sufficient to Pay such taxes and aaoeesmerrts and/or insurance Premiums, as shell pay to Mortgagee, upon request, such additional to o be tgasuuffbiert to make up any deficiency. No amount paid to aPpNcable, as Mortgages the saute shall become due, estimate mortgagor amounts deemed to be trust funds but may be commingled with general funds of Mortgagee h9raundsr chap be be Payable thereon. Upon the occurrence of an Mortgagee shah have the right Evant of Default, Mortgagee and no Interests at HS 8019 discretion, to apply any tents so held agak* the Lisbiities. , n consent of Mortgagee in each instance, 2.8. Tyr of ft. WMXXA the prior writte whether vdulft*, Mortgagor shall not cause or permit any transfer of the Property or any part thereof, ra n to InvolurttarNy or by operation of law, nor shall Mortgagor enter tnto any WOOMM"t of the PrOPertY transfer, or accomplish in form or substance a transfer, of the property. induces: (a) the direct or indirect sale, transfer a conveyence of the Property or any portion all or ly interest therein: (b) the exam" of an hratallment sale contrad or similar irartrumw t oft tion portion of the Property; (c) If Mortgagor', or any general partner or member of Mortgagor, Is a caction or e partnership, United liability company or oilier business entity, the transfer (whether other In nersh? hrt tion o it partfor" ' Ifmi o liability W, (dd) if M), if Mwny r, or any general Partner o series of tra roa?ote) of any stock. such corporation, pwbersNp. limited NabNily company y or enntity; stock which an aggregate c member of Mortgagor. Is a corporation, the creation or issuance of new atocic by 's stcdk stmt be vested in a party or parties who are not nay more than 109b of such comport t by Mortgagor leasing all or a substantial Part Of the Property for OthE stockholders; and (9) an agree t or other transfer of or th, than actual occupancy by a space tenant thereunder or s sale, asstgnunen grant of a security interest in and to arty Leases. 2.7. ?.ELt9? .' mortgagor shall not create or permit t0 exist any mortgage,, deed c trtorey security rdw" trust, pledge, Den, security interest (including, without limitation, a Pu encumbrance, attachment, levy, distraint or other Judicial process on or against the Property any Pa thereof (induding, without limitation, fixtures and other personalty), whether superior or inferior the lie of this Mortgage, without the prior written consent of Mortgargee• K any Den or en :u nbrance Is tiled e entered without Mortgagors consent, Mortgagor shall have it removed of record within 15 days after it filed or entered. 2.8. Q l of FlOM. Mortgagor shah not remove the term reIssddefined by tt propoty any fixtures presently or In the future owned by Wlortg as law of the state where the Property Is located (unless such fixtures have been replaced with simil ibchrres of equal or greater utility and value). (a) Mortgagor shall (i) abstain from and r 2.9. i keep the Property, at Mortgagor's own cc permit the commission of waste in or about the Properly; () JA12001 4122542 - CwnbOd" Co PAWb IPP - CwrbOrWW CourdYM C 5 BI( 1888FG3843 and expense, In good and sum repair, working order and condition; (IN) make or cause to be made, whether or not insurance proceeds are avaNable as and when necessary, an rapaks and placements, therwFor, and v) not renme, Ns materially alter, discontinue the use of, Pem11t to bsoorre vacant deserted, (or otherwise dispose of al or any part of the Propwty All abberall", Old II renewals or additions made pursuant hereto shell automatically become a part of the Property be covered by the Nan of We Mortgag& autltortWd by mcnt , shall have the right, but not (b) Mortgagee, and any persons ble time to inspect and photograph its condition the obi enter upon the property at any reveals, In the sole discretion of Mortgagee, the and tots of of repair. In the event any sud? Inspection Mortgagor shall, at the necessity for any repair, altaretlcn rem, cis p or IMIRena ' be dfwW MWW, or (p) promptly establish discretion of ' e vuse such purpose an Merest bear4rg rsswm fund ? modMee in an amourd detemin by g99 of effecting such work. Mortgagor agrees to observe, conform and comply. 2.10. contorrrr and comply with all federal, stale, county, municipal and and to cause Its tenants to obeerva, , rules, regulations, ' codes, other gwammenital or q nnlaws ordftncn ft, approvala and restrictions, kckK ng wltitout limitation, covgnarft, conditions the r laws (gas defined below a the Americans with DigaMes Act of 19W (for the "Legal ' now or hereafter eflecting ail or any part of the GO(1te Within busk"a or operations now or hereafter conducted thereon and the pem rlats and warrants that R has uch Leo RWdrwnwft Mortgagor ca such time as required used the Property to be designed, and Property currently Is, in owV#ance with all Legal Requirements applicable to the Properly. Low. (a) If all or any part of the Property " be part of the Property shall damaged or destroyed, or If title to or the WMcrary use of the whole or any use or pose, tore shall taken or condemned by a oomrpelent authority tor any public or quasi-pubN in the amounts payable by Mortgagor under the Loan Docurrrents and be no abatement or reduction such Payments, Mortgagor shall continue to be obligated to nralce (b) If all or any Part of the Property Is Partially or may make Prod totally damaged of loss if nom' ONO notice thereof to Mortgagee, and Mortgagee mortgagor shah by M rtga prompt hereby authortzes.and directs any effected ?auranc9 company made pnomp,ly by plctpagor. Mortgagor return of unearned prerr ilums, to Mortpegee instead of to make payment under such Insrucnc9, including Its Mortgagee as Mortgagor's attorney-inded to to Mortgagor and ' ?t, being secxxt Y, is coupled with an interest a or endorse any draft thereof, which and empowered by Mortgagor' to 991119, adjust MorWagee is oonVAGV0n authorized claims for loss, damage or destrrx?on to the Property. irrevocable. in hereby with MortgaBa. any payable on account of such damage or any portion Mortgagor shall pay ail cysts of collection d Insurance BOO s or uction. Mortgagor shall have no claim against the kr9urarrce p proceeds s security for to the insurance proceeds are hereby discretion, of paying or applying all thereof, and all rights assigned to payment of the Llab YJW. MorOWO shall have the option, tin its he L o bNNies whether or not then due and or any part of the Insurance proceeds to: (1) reduction of with Mortgagee's standard payable; (11) restoration, replacement or repair of the Property won loen disbursement conditions and requirements; or (IN) Mortgagor- c) knowledge of the Institution of any proceeding for the (Irrarrny pay upon shall give notice tD Mortgagee- Mortgagor condemnation of all or any part of the Properly. or any such proceeding and shall consuR with shah. at its sole cost and expense, diligently prosecute with R In the defense of any such proc•,eedfng. Mortgagee, Its attorneys and experts, and shall cooperate me shah from time to time deNver to in any such proceeding and Mortgagor or shah lick without Mortgages may M.tMee all Insparticipate trumenttss requested by it to permit such poWPation• Mortgag in lieu thereof mortgagee's prior written consent, enter Into any agreement m for the tacking or conveyance I or adjust any proceeding. AD awards by of all or ?dsoofooorr4eproperty. ar a hhereby assigned mortgagee, an sMO? upon Qi) to comPrOM198, 890 request and proceeds 1122%%2mod - Cumberland Co PA1 04MO ' Onhwieo Coimty.DOC 6 SK 1888PG3844 Igoe, agrees to make, execute and deliver any additional assignments or documents necessa Moro ee to coiled the mm such awards and proceeds of then dand ftM time to *M to Onab? Mode on i to. (0 M&OW 6 In of the LWIt" whether or n Is app payable; M repleonnurrt or repair of the Propertq in accordance with M?gw Mandani ban disburwrat conditions and requirements; or (Nq Mwtgagor• construction (d) No#ft herein shall relieve Mortgagor of Its duty to repair, restore. rebuNd or reply the Property following damage or destruction or partial omxWrnation ti no or Inadequate Insurance proceeds or condemnation awards are evaNsble to defray the cost of repair. restoration, rebulding replacement. L-A Mortgagor shah notify Mortgagee within 3 days of. (a) receipt of an 212. Slf1Y?• to the structure, use or DIN" notice fiom any govertrrrrental a °'rem""pf 1thi authority P iremaM; (b) a substantial change in th of the property or g a violation of any Legal Requ oW of any notice from the hokler of any lien occupancy or use of all or any part of the Property; (e) r ?y ftedon affecting comm" of security interest In all or any part of the Property. (d) potel tteMy effecting the financial ablity of Mortgagor' a the value of the Property, (e) a pendtrn reatened condemnation of all or any pert of the property; (f) a fine or other cry cum*V FIB th s (g) recut of any notice with regard to any ft?e P all or any part of to Property; or other environmental matter affecting the Substances (as such temrs are defined below) any for i mor%pgoes interest therein; (h) recetp?t of any request potential ( any a '118160n. demand k" Or no"COW or on the P Pro ropeerty rlY Or at any other aft owned or operMed by Mortgagor; m reOMW o Hazardous substances of the Properly Melling a deft. fdure to perform or a any notice from any tenant of ON or any part notice of the of, or o NM to wmkm be its lease or to set-off rents; or (D r on, any Nan on or security interest in all or any part of the Properly. threatened or actual execution 2.13. . Mortgages shall keep and maintain (a) compi and NSibiedifto led accounting principles consistently accurate books and records, in accordance with generally sooW to property, and all items Of income and expense in connection with the operation Of wigagee or its applied, reflecting (b) copies of WNW contracts, leases and other agreements affecting the PmPwty doeignsted representatives shell, upon reasonable prior notice to MoVW. have (a) the right of entry business bows (which may be without notice in any case o and free access to the Property during and (b) the right to examine and audit all books, contracts and emergency) to Inspect the property, records of Mortgagor relating to the Property. Mortgagee shall have the right to conduct or have conducted by 2.14. $IsitlLt4.B appralaal9 of tin Property In form and substance an independent epprelsat' ecoeptabl to Mortgages of Mortgagor, , that Mortgagt satisfactory to Mortgagee at the sole ecost and expense xpense of rich appraisals so long as (a) no Event of Default exists, shaV not be ob1gated to bear the and ro such apphiSSIS are not required by applicable law, nee or regulation of any 9owem?tnenas authority having luriedicdon over Mortgegee• The cost Of such appraisals, If chargeable to Mortgagor 1he abresald, shall be added to the UablMUes and shall be secured by this Mortgage In acoordarm provisions of Section 1 hereof. under the Code and constibrtes a security a9roemertt 3. ABU= BEE?EdI ure financing fit. Mortgages hereby grants to Mortgagee a shall cty be interest deemed in to the personal corersonel and other property (other than real propertY) inctuded in the Prof r and the Proceeds all yereof replacements of, substitutions for, and executes eto, lluesuch Properaft any rty. nyfinaanci continuation Mortgagor shall, at Mortgagor's awn expense, execute flnt and time to time to perfect, coMNm or statements or other, security en1er'? os may q of an executed financing maintain the Non of this Mortgage with respect to such property. photocopy , Mortgagor limiting the fore9oleg Mortgagor hereby inevocatbly Joints attorrmynI an original to execute, deliver f such lies 1br or Mortgages n-fact car Mortgagor awn behalf of Mortgagor at Mortgagors expense, which appointment, for recording of this Interest and shell be krevooable. With resPed to goods that bec?msthis mortgage Is, and shah be Mortgage and before the completion of construction of the improvements, J:\12001-112254\2mod - Cumberland Co PAW WWV - Cumberland County.DOC 7 I BK 18.88PG3845 under the Code, and any mortgage given to refinance this be, a mortgage given to refinance a construction mortgage. Mconstrued ortgage to shah be, be, a a*Construction rld Const shall be be construed nr construed 4. sAS rrsrruENT OF FAA. conveys, transfers ? hereby absolutely. Pros&* and urxronditionaily in assigns t 11Mortgagee d of Mortgagor's right, We and interest. now existing or hereafter anam9. and to the Leases and Rents. that this assignment Is effective Immediately, so long as no shell have the prlvdsga under a revocable HcOr" , Event of De#t (as dedrred below) exist, Mortgagor granted harms to aid manage the property and to Dolled, as they, become due, but not Prig' to operate accrual, to Ra ft. Mortgagor shall receive and hold such Rents in bust as a fund to be awed, and covanartbs and agrees that such Rents shop be so applied. first to the operation, ? and repair of the Properly, and the peynaM of k*reet. PfiaIPV other stuns becoming before retdning ondlor disbursing any part of the Rends for arty other Purpose due under the Liabilities, to Mortgagor shad aulomaticely, without notice or any other action by ' The Boles, herein Wwftd of an Event of Default, and all Rends subsequently collected or i mortgage terminate upon the held in nce for the sole and exclusive benefit of Mortgagee. fruit by Mortgagor of Rents, sanaA be construed as reos vet by mortgagor shad be h bald in Nothing contained In this Section 4.1, and of the lessor collection niter the kr4o ng on Mortgagee any of the obligetlor?s Loans. 4.2. Mortgagor shall timely perform all of its obligations under the Lou". Mortgagor has tide to and fact right to assign presently, absohnt ly and represents ts that (a) Mortgagor and warran unconditionally the Leases and Rends; (b) no other assignrrterd any kdersst In any of the Leases or Rents has been made; (c) there are no leases or agreements to loose all or any portion of the Property now in effect except the Losses, true and complete Dopks Of which have been flanlahad to Mortgagee, and no written or oral modifiers he" been made thereto; (d) there is no existing default by oMoor time or by any tenant under any of the Leases, nor has any event occurred which due to the passage the giving or failure to ghre notice, or both, would constftute a default under any Of the Leases and, to the or countarclairnS against y W, MOrtgW best of Mortgagors knowledge, no tenors has any defenses s8 accepted Rent UrKW Lane its accrual, eaFxual, , and and payment M Mortgagor thereof has not otherwise been forgiven, dlacounded than (e) the 3o days Leases in are in full advance of force or compromised. 4.3. Mortgagor shall not, without the Prior written consent of Mortgagee: (a) order into a any all or y portion of the property, (b) amend, modify, terminate or accept a surrender of ar I se of ty all collect or accept rent from any tenant of the Properly for a period of more than one moneach Leese; f or (C) advaroe. Any of the foregoing ads, if done without the prior written consent of Assign instance, shall be null and void. 5. 5.1. Mortgagor hereby absolutely PrasW* and unconditionally conveys, transfers and assigns to mortgages all of Mortgagors rigid, title and Interest, now exkting or hersaater arkk+g, in and to all contracts for the sale of all or any part of the prop" ("Contrwft of testa")• Notwithstanding that this assignment Is effective Immediately, so long as no Event of Default (as defined below) eexists, M ?l shall have the privilege under a revocable low= granted hereby to colled all ? inn trust as a fund to ON or any part of the Property. Mortgagor shall receive and hold such sale proceeds sale proceed hereby oovenartts and agrees that such a shad be so applied, first be applied, and Mortgagor ipal and other sums becoming due under the Liabilities, before ruining to payment of interest. arrtof the sale proceeds for any other purpose. The license herein granted to and/or Mortgagor disbursing any, Pa automatically, without th notice or any other action by Mortgagee, terminate upon the Mortgagor shall vent of of collected or received by iris occurrence at trust Event of Defeat, a for the sole a exclusive benefit of Mortgagee. Nothing shall be held in n t by Mortgagor Mortgages, of sale proceeds, shall be construed as Imposing or oft Section 5.11, and no y of the obligations of Mortgagor under the Contrails of Sale. J112DO1a1=4Wwd - Cumberland Cc PAVAO"P9e - Cumberland County.DOC S BK! BB8PG38?6 52. Mortgagor shag Wn* perform all of Its obligations under the Contracts of Sale. Mortgagor represents and warrants that (a) Mortgagor has title to and tug right to assign presently. d) and tdgionally the Contracts of Safe; (b) no other assent of any interest In any of the Contracts of Sale has been made; (c) two are no contracts to ad to base ail or v Niatl tion ofbvethe have n copies Property now in effect wwW the Contracts of Bak, true and complete d there no furnished to Mortgagee, and no written or oral modtications have been made thereo; ( ) ft default by Mortgepor or by any tenant under any of the Contracts of Sak. nor has any event eAd occurred which due to the passage of time, the giving or failure to give notice, or both, would constitute a default under any of the Contracts of Sale and, to the best eft (e ce the C4nb Sale are inn f? farhas any defenses, set-offs or counterclakns against Mortgage' and effect. writtatl consent of Mortgagee: (a) enter Into any Qualifying Agreement or (b) amend, modify, terminate or accept a Corrtract 5.3. of Sale that Is Mortgagor not shall a Qualifying not, without surrender of any Contract of Sao. Any of the foregoing acts, if done without the prior written consent of Mortgagee In each Instance, shag be null and void. .+??. eoe,reesr OF NO OFFSET. Mortgagor represents to Morigepes that Mortgagor has no k any Im8 or defenses to the L ISWOtles either at law or In equity. Mortgagor lie of shy, within 3 days upon o4upw request In person or within 7 days upon request by mail, furnish to Mortgages or Mortgagee's designee a written statement In form satisfactory to Mortgagee meting the amount due under the Lisbgtties and whether there are offsets or defenses against the same, and If so, the nature and extent thereof. 7.1. Q0 go As used herein, "Environmental Laws" shall mean all existing or future rules, executive orders, standards and requirements, state and Including local the r stequiro, ms ordinances, knposgd by commIncluding on law, concerning or relating to industrial hygiene and the protection of health and the p environment but not limited to: (a) those relating to disposal, rebsse, emission or discharge of i the generation, antes actu storage, tr a on connection with the constriction, fuel supply, Hazardous Substances (as hereinafter hereinafter deAnedr (b) those in relating to the power generation and transmissionk waste disposal or any other operations or processes stream Property; and (c) ihose relating to the atmosphere, soli, surface and ground water, wetlands which are sediments and vegetation on, under, in or about the Property. Any terms mention herein laws; dented in any Environmental Lew shag have the meanings ascribed any totersuch terrns In aW m dented therein,, stroll broader However, that If any of such laws ? eve date to su?amendment meaning shag apply bseq W Mortgagor represents, warrants, 72. covenants and agrees as follows: (e) Neither Mortgagor nor, to Mortgagor's knowledge, the Property or or any occupant inquiry by any , thereof Is In violation of or jed to any existing, pending or threatened Investigation n to Environmental Law. Mortgagor shall not cause or permit the governmental authority per , or d do anything any Environmental which would subject the Property to any remedial obligations to be inviolation o ff PT Y under, any Environmental Lew, and shag promptly notify Mortgagee in writing of any exleting, pending or or inquiry by any govemrnental authortry In connection with any Environmental threatened addition, Investigation , shall Mme with coplas of any and all material written authority In connection with any Environmental Law, concurrently Low. Commun Communications adlations with Mortgagor any governmental provide with Mortgagor's giving or receiving of same. (b) Mortgagor has taken all steps reasonably necessary to determine and has determined, to Mortgagor's knowledge based on due inquiry, that there has bow noses")e, will, discharge, leak, disposal or emission (Individually a "Re eese" and collectively, sum products, Hazardous Materiel, Hazrdous sSubstance or olid wastes ands radioactive materials (collet, wHazardous - explosives, oxo substances, JA12001 A1225Wmcd - Cumberland Co PAWIWWOP - CumbWWW County.DOC ! BK I a88PG3847 The use which Mortgagor or any other occupant of Substancee) at, upon, under or within the Property. not result In Release of any Hazardous the Property makes or intends to make of the property wE shall take all steps on or to the Property. During the berm of this Mortgage, Mortgagor on or to the 0 of any Hazerdous substances new to determine finds a Release has occurred, Mortgagor shah remove or remedlete the same property and if Mortgagor promptly upon discovery at Its sole cost and expemse. (o) The property has never bourn used by the present or, to Mortgagor's knowledge+ nor waif be used in the future to refirne, produce, store, handle, annsfer, previous owners endlor operators Mom", transport, generate, r18mUf8CtUre, heat, treat, recycle or dispose of Hazardous Substances. (d) The Property. Q) Is being and, to Mortgagors IWMWNWPI has been operated in and oompNarrce with all Environmental Laws, and permits required t have Won obtained excepting an email compiled with in all respects; and (N) does not have any Hazardous that are new for the quenf $ of PeMAM and chemb products, proper and Its tenants, and the usual waste construction or operation of the oomnwdal busing" of Mortgagor products therefrom ('Permitted Subshnces'l• will and will cause Its tenants to operate the Property In comPAence (e) ms and, Mortgagor other than Pwmtbd Substances, w1N not place or permit to be pieced with all Environmental L.aws the Property. any Hazardous S No lien has been attached to or, to Mortgagor's lanowkdge, threatened to be Imposed upon the Property, and there is no basis for the Imposition of any such lien based on any Environmental Laws. Neither mmigagor to s knowledge, any ?? action under which could bed to the other person has been, Is or wen be Invotved in operations at the property iition of environmental liability on mortgagor, or on any subsequent or former owner of the Property, ormpos the creation of an wwkWmmtW lien on the properly. In the event that any such Ilan Is filed, Mortgagor shah, within 30 days from the date that the Mortgagor is given notice of such lien (or within such shorter the event that steps have commenced to have the Property sold), and in remove the men from the Property; or (N) furnish a cash deposit, bond or other Pe gMgr 0) pay riod of ayths? aunty saft%Cbory In form and substance to Mortgagee in an amount suMdent to discharge the claim out of which the lien erases. Mortgagee shall have the right to conduct or have 7.3. inspections, audits and tests as Mortgagee conducted by lts agents or contractors such environmerdai of , cost and W90 shah deem necessary or advisable from time to time at the ? to OWn of environments that Mortgagor shall not be obligated has no cause tc such inspections, audits and tests so long as (n no Event of Default exists, and (N) threatened Release o belleve In its sole reasonable lodgment that there has been a Release or or thre or that Mortgagor or the Property is In viotadon of and Hazardous Substances at the Property , audits and tests, If charge" to Mortgagor as Environmental Law. The cost of such ir?spedions p4p shall, any aforesaid, shall be added to the Liabilities and shall to secured by this Mortgage. such cooperation she such Inspection WMIft shall cause each tenant of the Property to, Include, without limitation, supplying Oil Information requested concerning the operations conducted ens the prop". In the event that Mortgagor fells to comply Hazardous substances located at in addition to any of Its other remedies under this Mortgage, caul Environmental Lew, Mortgages r with such laws and the cost of such c?rrrpilance shah be added to tin the property to be In compl w alone of Section 1 hereof. sums secured by this Mortgage In accordance with the provisions 8.rrrc pF DEFAULT. Each of the foibwing shah constitute a default (each, an "Event c pefauK") hereunder. due of any sum required to be paid to Mortgagee under any of tin -payment when 8.1. Nora Loan Documents, including without aimitatbn, PdndPa1 and Interest; 8.2. A breach of any covenant contained in Sections 2.3., 2.4., 2.6., 2.7. or 2.12. hereof; JA120o1a1ZM4Vmvd - Cu mbW.W Co PAV WtPga - W beri CmM-DOC 10 BK t 888PG3848 8.3. A breads by Mortgagor of any other tern, covenant, condition, obligation or agre under this Mortgage, and the continuance of such breach for a period of 15 days after written thereof shall have been even to M0rVW- 8.4. An Event of Default under any of the other Loan Documents, subject to any apWICaoi cure period set forth therein: WWWty made by Bowmr, Mortgagor or by any Guararntor in an 8.5. Any repressrntation or merrier Into the thatrsactbrrs conterrrplsded h 1rom to be faIlsese, , I nccoo rrect ereunder shaA Loan D or t or misleading Motding any material respect as of the date when made; , 8.8. The I" by or ageW Borrower, Mortgagor or any Guarantor of a petition seeking relief, or the grarrti V of relief, under the Federal Bankruptcy Coda or any similar fed" or state statute; a assignment for the benefit of creditors made by Borrower, Mortgagor or any ?rentor; the a of a custodian, receiver. liquidator or trustee for Borrower. Mortgagor or any Guarantor or for arrya a property of Borrower, Mortgagor or such Guarantor, or any action by ?Bor , Insolve #0 foregoing; or if Wrrow9r. Mortgagor or any WW*Dr WOMI Guarantor to effect of :4 (however defined) or rIs not paying Its debts generally as they boo" due, merger, consolidation or reorganization of Borrower, 8.7. The death, dissolution, fiquidatbn to effect any of th e foregoing; Mortgagor or any Guarantor, or the institution of any proceeding B.B. A default under any other obtigotlOn foil BORON' mwWW or any Guarantor In favor 0 M?9ages, including obligations arising under swap agreemants (as defined In 11 U.S.C. you or undo any document securing or evidW dng such obligation, whether or not such obligation is secured by the Property. of anY judgment, execution, gamishment+ attachment, 8.9. The filing, entry or Issuance distraint or Ilan against Borrower, Mortgagor or any Guarantor or their property. SUbjed to the provisions of Section 2.7 hereof, If applicable; or 8.10. A default under any other obligation secured by the Property or any part thereof. 9. B&MMU. If an Event of Default shall have occurred, Mortgagee may take any of the followirrc actions: 8.1. II• Mortgages may declare the entire amount of the Liabilities immediately without presentment, demand notice of any kind, protest or notice of protest, all of due and payable, noiwittisWH*V anything to the contrary contained in any of the Loan which are expressly waived, Documents. Mortgagee may charge and collect Interest from the date of default on the unpaid balance of t the the the Liabilities, a at Default Rate set forth in the Note. In addition, any and all accelerations foredoom by portion of the remaining principal balance of the Liabilities , without limitation, dashed and Mortgagee under this Mortgage) shall be subject to the Prepayment Consideration (as described in the Note), If any. Mortgagee may enter upon and take possession of the Property, with or 9.2. without legd action, lease the Property, oohed therefrom all rentals and, after deducting all eats o in, collection and administration expense, apply the net rentals to any one more of &ion ale he such manner and in such order of priority as Mortgagee, In Mortgagees sole d, may and calms. payment of any sums due under any prior lien, taxes. water and sewer rents, charges insurance premiums and all other carrying charges; to the maintenance, repair or restoration of the Property, or on account of the Liabilities. Mortgagee is given full authority to do any ad which Mortgagor and Operation of the Property. This coverrant is effective could In or wittwwithout any lewry with action the brought to management foreclose this Mortgage and without apsold plyinMortg g for a receiver of such rents. In addition to the foregoing, upon the occurrence appointed to, Event ?dDefault rents tide shell pail either with or and monthly In advance to Mortgagee or to achy receiv J:\12001-\12254\2mod • Cumbwiand Co PAWiorWV - Cumberland Y•DOC 11 iD?i%! $88PG3849 s use and occupation of the Property, and upon default In any sucry room" rental value for Mortgagor of the Property to Mortgagee or to su Mortgagor shall vacate and surrender the possession then Mortgage may be evicted recxiveP r. If Mortgagor does not vacate and surrender the Properly summary proceedings- _ Mortgagee may institute any one or more actions of 9.3. F011614111t1 Property, or take such other action at law, equity Corr by foreclosure against all or any part or the p the security herein or elsewhere providers for' for the arriorcomant of this for the entire unpaid bal the law may allow, and may hkwWp and proceed therein rea to fecal judgment and execution shag bear Interest at the greater of (a) the of the Liabilities. The unpaid belerece of any judgment kniting the tfegOing, Mortgagee rate provided for Judgments, or (b) the Default Rate. Without or my portion of the Liabl . secured party for all foreclose this Mortgage aril exercise Its trightS o as ming Non of this Mor?ge for the balanos not which due and pathen due ffrd yable- case'?ebJ the P11119 COr& roperty by )xIkAW proceedings, the Property may be sold In of any one parcel or in such genesis, manner or order as Mortgagee in its sole discretion may sled The sale shag not exhaust the right t o sell any remainder o the Mortgagee of less than the whole a the Property to make a successive sale or sales until the the Property and the Mortgagee is spend, if empowered of such sale of {me than the whole of th whole of the Property anal be sold; and, if the ge ft proceeds of hereby and the expense of executing bggationa Perly shall be leas than the aggregate of the o stied rop foreclosure as provided herein, this Mortgage and the Non hereof shall remain to full force and as to the unsold portion of the property h as though no sale had been made. Mortgagor, for itself and under it, hereby agrees that Mortgagee shall in no manner. In law or in anyone claiming by. through or or in any equity, be limited, except as herein provided, in the exerclse of its r other the obligation Properly secured by this security hereunder or otherwise appertaining to the Li?fgties or any o security to be Mortgage, whether by any statute, rule or precedent which may otherwise require said waives and marshalled in any manner and Mortgagor, for itself and others as aforesaid, he expressly foreclosure releases any right to or benefit thereof. The faiture to make any tenant a ant a to proceeding shall not be asserted by Mortgagor as a defense In any proceeding le of the Property. coped the Uabludes or any deficiency remaining unpaid after the fom*W petition a court of competent jurisdiction to 9.4. 9QJ1 °1R Mortgages be elther before or after sale, without regard the Property. Such appointment me& at the time of application for such appoint a roc elver h regard to the solvency or insolvency of Mortgagor shall be then occupied notice, without receiver, without regard to the than value of the Property or whether the Properly as a homestead or not, and without regard to whether Mortgagor has committed waste or allowed deterioration of the Property, and Mortgagee or any agent of Mortgagee may be and a as the receiver. Mortgagor hereby agrees that Mortgagee has a special interest in the Property sppohetrnent of such receiver the prop" shall suffer waste and deterioration and MorE9egor further agrees that it shag not contest the appointment of a receiver and hereby so stipulates to such Such receiver shall have the pourer to perform all of the ads appointment pursuant u this pa re which may be necessary or permitted Mortgagee pursuant to Section 9.2 above an Customary in such cases for the protection, possession, control, management and operation of the Property during such period. 9.5. Rjohm as s S!?'? Psriy. Mortgagee shall have, in addition to other rights and the rights and remedies of a secured party under the Code. remedies available at law or in e?.of the fly as then comprise fixtures p?? eBher to the Mortgagee may elect l foreclose applicable to personal property under law applicable to foreclosure of an interest in real estate f or ve to s tthat he right ny ? execution and the the Code. To the extent perrrdtted by law, Mort9a9o benefit of all exemption laws now or hereafter in effect. 9.6. FYI M9DWj• Mortgages may apply on account of the Liabilities any unexpended e that were paid by Mortgagor to Mortgagee: (a) for the payment of, or security monies still for the retained by Mot of des, moments or other governmental charges, Insurance premiums, payment or or (b or any other charges; s; or (b) to severe the performance of some ad by Mortgagor. J:X120o1a1225A2=d - Cumberrand CO PANOIVOP - WrbwW? CW*-DOC o{ i 8..88PG3850 Mortgagee shall have the right, from time to tMw, to bring a 9.7. ?CBcover sums required to be p? by Mortgagor under the terms of this appropriate action to recover oNa a or not any other' Liable *Wl be due, and other Mortgage, they become t regard h bring an adbn of toredosure, or any other action, without prefcrudos to the right of Mortaag thereafter action was commenced. In melon, for any default by Mortgagor existing at the time the earlier Mortgagor to Morl?gee Mortgagee shag have the e#d to set-off all or any part of any amount due by orNir>9 tg b any an liabillitles or obilgadons by Mortgages under any of the Ligor.Incl ding at y any obligation kd •? MOCWW anyan funds or other property on Capacity eposit with Otherwise in the possession, control or custody of M0rtgagee- d 10. .n.e?ef r st1lEAll$ writing this Mortgage sheds be in and 10.1. Hgftn. All notices and communka?or'?s under (c) roliable ovemigM shall be an by either (a) harxl Overy, (b) first class mail (postage PreP?? or commerci courier (drar+ges prspea), to the addresses tided in this mortgage. Notice 3 ?,bndar days M.% if to have been given and received: (8) If by hand deNvery, tow doUvW. (b) If courier, an the date after the date first deposited in the United Stafts mall; and (c) If by t overigh acheduied for degvery. A party may change its address by giving notice to the other party as specified herein. In this 10.2. R.eudies CumrrladJS??. The rights and remedies of Mortgagee as provided and oonaurrant, may be Pursued mortgage or In any other loan Document shall be cumulative therefor shall arise. and shad separately, successively or together, maybe exercised a? nm?gagee at law or r equity The and shat . , be In addition to any other rights or rerr?edies aconferred ssert the right to declare the Liabilities due, grant any at any one or more limas, Of Mortgagee payment thereof, extension of time for payment of the Liabilities, take other or additional security for the ts, or wd" or isM to exercise any rebm any security, change any of the terms of the Loan pocume or the rights of MM or remedy under any Loan Document shad not In any way affect this Mortgage mortgagee. moiled Ylfaf?i. Mortgage shall not be deemed to have modified or waived any of its rights or remedies hereunder less such modification or waiver is In writing and signed by Mortg89ea, and then only to the extent spec WWIy set forth tinerein. A? iv on event shall not be construed as continuing or as a waiver of or bar to such right or remedy subsecWent event. 10.4. . The invalidity or unenfor of arty one or more provisions of this r?bidty mortgage shad not render any other provision invalid or unenforceable. In lieu of anyn n lid or unenforceable provision, there shall be added automatically a valid and anforoeable pray in terms to such imafid or unenforceable provision as may be possible. 10 conditions, waivers, releases and agreements .5. BhKlin?? The covenantssnefidr th contained in this Mortgage shad bind, and the b ereof shall inure to, the Davits hereto and their respective helms, executors, administrators, successors and ash arnd we Intended the and shell be held to assigned be real covenants running with the land; provided, however, that this sMortga uch a caassignment of b or attempted Mortgagor without the prior written consent of Mortgagee, and any assignment by Mortgagor shad be void and of no effect with respect to Mortgagee. 10.6. • This Mortgage may not be supplemented, extended, modified or terminated except by an agreement in writing signed by the party against whom enbrcement of any waiver, change, modification or discharge is sought. 10.7. Mortgagor represents and warrants that the bans or other financial r•..nmerciat Loan. obtained solely for the purpose of accommodations included as Uabditias secured by this Mortgage were carrying on or acquiring a business or commercial Investment and not for residential, consumer or household purposes. J 112001a1225412mod - Cumberland Oo PAMAal" - Cumberland CounryDOC 13 BKI888PG385I 10.8. ggXSMk iL =. This Mortgage shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Pennsylvania wMxM Mferonoe to cordild of laws principles. 10.9. E1?l 0dj&hW. If mortgW oonsists of more then one person or entity, the word "ilAortpetW shall meetn each of tern and their Nebility shah be joint and several. 10.10. • In the event Mortgagee shall acquire We to the Property of the from mortgagor or as a result of foreclosure, ft Mortgage shall not merge in Ron for the Ua 681019 secured prolwty but shall remain and =111 tue as an existing and enforceabb hereby urrtil the same shall be released of moord by Mortgagee in writing. IN WfTNESB WHEREOF, Mortgagor, h1tan ng to be IegaNy bound, ties duly executed and delivered this mortgage and Security Agreement Note under seal as of the day and year first above written. WITNESS/ATTEST: STATE OF MARYLAND, CITY/COUNTY OF ALTIERI ENTERPRISES, INC., A Maryland CwPora+J MORTGAGOR: BY TO WIT: ' , 9 . I r?7 , the subscxlber, a NotM I HEREBY CERTIFY that on this -Ld yy of r an( IN um, INC., a Maryaam Ppea. of NV Public of the jurtscktW aforesa corporation, and admowleeddg d that he, being authorized so to do, executed the foregoing document in the aforesaid cq=lty for the Purposes ttrerein contained. IN WITNESS MY Hand and Notarial Seal. I?L(SEAL: NOTARY PUBLIC My Commission Expires: ife& 200 J:1MOiAi=40nod - Cumberland Co PA1M0%M' -11"4 0 C,u ,,DOC 14 BK'18`88PG3852 EXHIBIT "A" BEING KNOWN AND DESIGNATED as Lot Nos. 1-36 as shown on the fi al subdivision plan entitled "Gingerfields & Brook Meadow Clus er Developments" dated June 15, 1998 and recorded among the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plat Book 80, page 132E. PART OF T A X I. D. NO. 3 8- 2 1- 0 2 9 1- 1} 0 1 Certify this to be recorded Tn Cumberland County PA " Recorder of Deeds SK 1,888PG38513 Certificate of Residence: I, Kim Schertle, do hereby certify that the correct address of he within-named mortgagee is Wachovia Bank, National Association 1 51 j Pinnacle Drive, North Tower, 4th floor, McLean, Virginia 221 2. Witness my hand this 3rd day of September, 2004. I At Kim c ertle, Agent of Mortgagee B1888:PG3854 vl v r I P.,) r -. i ?.T't WACHOVIA BANK, NATIONAL ASSOCIATION Plaintiff, V. ALTIERI ENTERPRISES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-507 Civil Term Defendant. ACCEPTANCE OF SERVICE As of the date set forth below, I hereby accept service of the Complaint in a Mortgage Foreclosure and all related papers on behalf of the Defendant, Altieri Enterprises, Inc. and certify that I am authorized to do so. Dated: , 2009 Altieri ;n:ris)rJ4nc. By: ' _ Name: aren B. Altieri Title: President; Dated: f a -6- OF THWT PC% TARY 2009 APR -2 AM 1 E : 29 T_' . REED SMITH LLP By: Derek J. Baker, Esquire Identification No. 82207 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 215-851-8100 215-851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION Plaintiff, V. ALTIERI ENTERPRISES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-507 Civil Term Defendant. PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in the amount of three million, three hundred and thirty nine thousand, nine hundred and ten dollars and sixty two cents ($3,339,910.62) plus interest against the above-named Defendant and in favor of Wachovia Bank, National Association. Dated: ` o REED SMITH By: r Derek J. aker, uire Reed Smith LL 1650 Market S 2500 One Liberty Place Philadelphia, PA 19103-7396 Attorneys for Wachovia Bank, National Association -2- WACHOVIA BANK, NATIONAL ASSOCIATION Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-507 Civil Tenn V. ALTIERI ENTERPRISES, INC. Defendant. ANSWER AND CONSENT TO JUDGMENT Altieri Enterprises, Inc. (the "Defendant") hereby files this Answer And Consent To Judgment to the Verified Complaint in Mortgage Foreclosure (the "Complaint") filed by Wachovia Bank, National Association herein, and in support thereof, states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. -4- 9. Admitted 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. WHEREFORE, having fully answered, the Defendant hereby consents to the entry of judgment on the Complaint in favor of Wachovia and consent to a judgment in mortgage foreclosure in the amount pled in the Complaint. Alt ieri E ise c. By: Name: Da Title: President Dated:- M64 2Urxj 2009 -5- WACHOVIA BANK, NATIONAL ASSOCIATION Plaintiff, V. ALTIERI ENTERPRISES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY . NO. 09-507 Civil Term Defendant. CONSENT JUDGMENT IN FORECLOSURE AND NOW on this I day of , 2009, upon the Defendant's consent to the entry of judgment in foreclosure on the Complaint in Foreclosure in favor of Wachovia Bank, National Association Judgment in Foreclosure in the total amount of $3,339,910.62 plus interest (including the default rate), late fees and other charges accruing after January 15, 2009, costs of suit and attorneys' fees is hereby entered. - 0, 6? L- O Y Altieri EnterpYt eg, By: ? Name: D . Altieri Title: President Dated: 2009 REED Wrek J/Raker, Esquire (82207) 2500 a iberty Place 1650 t Street Philadelphia, PA 19103-7396 215-851-8100 215-851-1420 (telecopy) Attorneys for Wachovia Bank, National Association -3- rT . o CA) REED SMITH LLP By: Derek J. Baker, Esquire Identification No. 82207 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 215-851-8100 215-851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION Plaintiff, V. ALTIERI ENTERPRISES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-507 Civil Term Defendant. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT has been entered against you in the above-captioned proceeding. If you have any questions concerning this Notice, please call Derek J. Baker, Esquire, at (215) 851-8100. THO US ACTIVE-1013623681-D,lsAKER M5M l l1 5D AM w REED SMITH LLP By: Derek J. Baker, Esquire Identification No. 82207 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 215-851-8100 215-851-1420 (telecopy) WACHOVIA BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION CUMBERLAND COUNTY Plaintiff, NO. 09-507 Civil Term V. ALTIERI ENTERPRISES, INC. Defendant. PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 To the Prothonotary: Issue a writ of execution upon a judgment entered in the above matter: (1) directed to the Sheriff of Cumberland County; (2) against Altieri Enterprises, Inc., Defendant; and (3) and index such writ (a) against Altieri Enterprises, Inc., Defendant; and as a lis pendens against real property of the Defendant as follows: 1) Real Property as described on Exhibit "A" attached hereto; and 2) any other property of the Defendant (real and personal). (4) Amount due $3,339,910.62 Interest from January 15, 2009 $[to be determined] Attorneys' fees $[to be determined] Costs to be added $[to be determined] - n &A k10Z J Derek J. Baker, squire REED SMITH, LLP 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 Telephone: 215.851.8100 Telecopy: 215.851.1420 Attorney for Wachovia Bank, National Association Dated: May ? , 2009 2 6 ?4 ?,?j 14 EXHIBIT "A" BEING KNOWN AND DESIGMTED as Lot Nos. 1-36 as shown on the fir al subdivision plan entitled "Gingerfields & Brook Meadow Clus er Developments" dated June 15, 1998 and recorded among the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plat Book 60, page 1328. PART OF TAX I.D. NO. 38-21-0291-1?0 I Certify this to be recorded In Cumberland County PA • x4 Recorder of Deeds i 1 r BI- -1, 88.8.PG 3 8 5%3 i Certificate of Residence: I, Kim Schertle, do hereby certify that the correct address of he within-named mortgagee is Wachovia Bank, National Association 1 51 i Pinnacle Drive, North'Tcwwer, 4th floor, McLean, Virginia 22112. Witness my hand this 3rd.diy•of September, 2004. Kim c ert e, Agent of Mortgagee SKI 88UG3854 RE (' MAY n 2CP9 A i _4 viii ?; = u:) ',vl' ?'"r'tY 1+(.OG PIN A?TY 78 :.50 CSF a•so tt4.oa - Po Ajr4 *a.oo "Co • 5o LL c0t71ofa.g01 aay (005 REED SMITH LLP By: Derek J. Baker, Esquire Identification No. 82207 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 215-851-8100 215-851-1420 (telecopy) WACHOVIA BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION CUMBERLAND COUNTY Plaintiff, V. ALTIERI ENTERPRISES, INC. . NO. 09-507 Civil Term Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Wachovia Bank, National Association, Plaintiff, in the above action sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property known as Lot Nos. 1-36, Gingerfields & Brook Meadow Cluster Developments, Cumberland County, PA, Part of Tax I.D. No. 38-21-0291-110 and further described as the real property in Exhibit A attached hereto: 1. Name and address of owner(s) or reputed owner(s): Name Address Altieri Enterprises, Inc. 9017 Red Branch Rd., Suite 201 Columbia, MD 21045 2. Name and address of defendant(s) in the judgment: Name Address Altieri Enterprises, Inc. 9017 Red Branch Rd., Suite 201 Columbia, MD 21045 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name John H. Myers & Sons, Inc. Mackley, Inc Eisenhart Crane Service, LLC Address 2200 Monroe St. York, PA 17404-5521 12101 Belair Rd Kingsville, MD 21087-1107 P.O. Box 2843 York, PA 17405 Mid-Atlantic Materials, Inc. 6813 Quad Avenue Baltimore, MD 21237 Scott A. Phillips 495 Wolf Ledges Parkway Akron, OH 44311 Meyers 2200 Monroe St. York, PA 17404-5521 4. Name and address of the last recorded holder of every mortgage of record: Name Wachovia Bank, National Association Key Bank & Trust John H. Myers & Son, Inc. Address 123 S. Broad Street Philadelphia, PA 19103 P.O. Box 429 Owing Mills, MD 21117-0428 2200 Monroe St. York, PA 17404-5521 5. Name and address of every other person who has any record lien on the property: Name Address N/A N/A 2 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 N/A 7. Name and address of every other person of whom the Plaintiff has knowledge who may have any interest in the property which may be affected by the sale: Name Address N/A N/A I verify that the statements made by me in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA. Cotes. STAT. ANN. § 4904 relating to unsworn falsification to authorities. Dated: May i , 2009 Sworn and Subscribed before me this / 4"- day of May, 2009. F Public _ MIWiALTMCUMINA? M CE Mme. TKARAL Uft O?EA, ?1o1MyPd k ft: Aft 16,)OI3 3 ,//iA4J 6h6 Jennifer P. ox, Esquire ?A"?,z_,...F__ • ..,,,_... ?.., ' [ 11+? 1A; *iwck ymw Ali v -A"" y 6YAILI-i )4 EXHIBIT "A" BRING KNOWN AND DB$IMOARD as Lot Nos. 1-36 as shown on the fit subdivision plan entitled "dingerfields & Brook Meadow Clus1 Developments" dated June 15, 1998 and recorded among the Office the Recorder of Deeds in and for Cumberland County, Pennsylvania Plat Book 80, page 1328. PART OF TAX I. D. NO. 38-21-0291-1 i I 3 f t i al er ' of in 0 i I Certify this to be recorded In Cumberland County PA Recorder of Deeds BK -1, &88.FG 3 8 53 Certificate of Residence: i i i I I, Kim Schertle, do hereby certify that the correct address of he within-named mortgagee is Wachovia Bank, National Association 1751 Pinnacle Drive, North Towwer, 4th floor, McLean, Virginia 22102. Witness my hand this 3rd day of September, 2004. 11 ?IMJW ht Lk Kim c ertle, Agent of Mortgagee i NO V V y {' V V V 5 4 ?,..tJa ...'I t il?l. Or' T ,GARY 2cic 9 z =o f -`, A 1 D: 5 1i REED SMITH LLP By: Derek J. Baker, Esquire Identification No. 82207 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 215-851-8100 215-851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION Plaintiff, V. ALTIERI ENTERPRISES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-507 Civil Term Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held Date: Wednesday, September 2, 2009 Time: 10:00 a.m. Eastern Time Location: Sheriffs Office Cumberland County Courthouse One Courthouse Square, Room 303 Carlisle, PA 17015 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED.) THE LOCATION of your property to be sold is: Lot Nos. 1-36, Gingerfields & Brook Meadow Cluster Developments, Cumberland County, PA, Part of Tax I.D. No. 38-21- 0291-110. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Number 09-507 Civil Term THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: ALTIERI ENTERPRISES, INC. A SCHEDULE OF DISTRIBUTION, being a list of the persons, and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff twenty (20) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Cumberland County Court of Common Pleas, Carlisle, Pennsylvania, at the address specified herein. YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have meritorious defense against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two (2) business days before presentation to the Court and a proposed order or rule must attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office -Civil Division before presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto. 2 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ( EXHIBIT "A° ; BEING KNOWN .AND DESIMVJED as Lot Nos. 1-36 as shown on the final subdivision plan entitled "Gingerfields & Brook Meadow Cluster Developments" dated June 15, 1998 and recorded among the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plat Book 80, page 1328. ; PART OF TAX I.D. NO. 38-21-0291-1"0 1 i i 1 1 i i i I I . 1 Certify this to be recorded 1n Cumberland County PA 1 Recorder of Deeds W -1, 88.8. PG 3 8 5°3 - Certificate of Residence: I, Kim Schertle, do hereby certify that the correct address of he within-named mortgagee is Wachovia Bank, National Association 1 51 Pinnacle Drive, North Tower, 4th floor, McLean, Virginia 221 2. i Witness my hand this 3rd day of September, 2004. 'i?IMS2 uatu Agent o Mortgagee K m c ert e, If 188&RG3854 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-507 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, NATIONAL ASSOCIATION, Plaintiff (s) From ALTIERI ENTERPRISES, INC. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,339.910.62 Interest from 1/15/09 - to be determined Atty's Comm Atty Paid $119.00 Plaintiff Paid Date: 5/04/09 % to be determined (Seal) REQUESTING PARTY: Name: DEREK J. BAKER, ESQUIRE Address: REED SMITH LLP 2500 ONE LIBERTY PLACE 1650 MARKET STREET PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-851-8100 Supreme Court ID No. 82207 L.L. $.50 Due Prothy $2.00 Other Costs to be added / R. -I C R. Long, Prothonotary By: Deputy Steven J. Schiffman, Esquire Attorney ID No. 25488 Merritt C. Reitzel, Esquire Attorney ID No. 92069 SERRATELLI, SCHIFFMAN, BROWN & CALHOON P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 F1L~D~_t~,~:r ~4 2010 FES 17 °!~ !2~ ~9 C~'i ~` - , . - ~ ~~~''`a~Y ;;`~, ,~ ~F,~,; TRIPLE CROWN CORPORATION, INC., Plaintiff v. ALTIERI ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-0507 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 I, Merritt C. Reitzel, Esquire, attorney for Triple Crown Corporation, Inc., plaintiff in the above action, set forth the following information regarding real properties located at concerning certain real property located in Silver Spring Township, Cumberland County, Pennsylvania, being more fully described in the legal description attached hereto: 1. Name and address of owner(s) or reputed owner(s): Altieri Enterprises, Inc. 1700 Westgate Drive York, PA 17315 2. Name and address of defendant(s) in the iudsment: Altieri Enterprises, Inc. 1700 Westgate Drive York, PA 17315 3. Name and address of every iudsment creditor whose iudgment is a record lien on the real property to be sold: John Myers & Sons, Inc. 2200 Monroe Street York, Pennsylvania John Myers & Sons, Inc c/o Jeffrey Lobach, Esq. 126 East King Street Lancaster, PA 17602 Mackley, Inc. 6 West Market Street Hellam, PA 17406 Rees Griffiths, Esq. 135 North George Street York, PA 17401 Builder Services Group, Inc. American Baltimore Homes Insulation 2312 Eskow Avenue Baltimore, MD 21227 Builder Services Group, Inc. American Baltimore Homes Insulation c/o Evan Pappas, Esq. SHUMAKER WILLIAMS, P.C. PO Box 88 Harrisburg, PA 17108 Lezzer Holdings, Inc. 332 Schofield Street Curwensville, PA 16833 Lezzer Holdings, Inc. c/o Elizabeth Dupuis, Esq. 328 Innovation Blvd, Suite 200 State College, PA 16803 Mid-Atlantic Materials, Inc. 6813 Quad Avenue Baltimore, MD 21237 Mid-Atlantic Materials, Inc. R&L Drywall & Paint c/o Larry Miller, Esq. 1423 State Road Duncannon, PA 17020 2 Gary & Michelle Stover 311 Liberty Court Mechanicsburg, PA 17050 Ronald L. Finck, Esq. 3401 North Front Street PO Box 5950 Harrisburg, PA 17110-0959 Scott A. Phillips Phillips Masonry c/o John M. Ogden, Esq. 34 North Queen Street York, PA 17403 Ritner Steel, Inc. 131 Stover Drive Carlisle, PA 17015 Ritner Steel, Inc. c/o Anthony W. Parker, Esq. 300 North Second Street, 10th Floor Harrisburg, PA 17106-2003 Biscon Land Surveying Co, Inc. c/o Jeffrey C. Clark, Esq. 508 North Second Street Harrisburg, PA 17108-0845 4. Name and address of the last recorded holder of every mortgage of record: Triple Crown Corporation, Inc., as Assignee of Wachovia Bank, N.A. 5351 Jaycee Avenue Harrisburg, PA 17112 5. Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Eisenhart Crane Services PO Box 2843 York, PA 17405 Altieri Enterprises, Inc. 9017 Red Branch Road, Suite 105 Columbia, MD 21045 7. Name and address of every uerson of whom the ulaintiff has lcnowledse who has any interest in the prouerty which may be affected by the sale: Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Dept of Public Welfare PO Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Inheritance Tax Office 1400 Spring Garden St. Philadelphia, PA 19130 PA Dept of Revenue Inheritance Tax Division 6th Floor, Strawberry Square Dept # 280601 Harrisburg, PA 17128 PA Dept of Revenue Bureau of Compliance-Lien Section PO Box 280948 Harrisburg, PA 17128 IRS-Technical Support Green Federal Building Room 3259, 600 Arch St. Philadelphia, PA 19106 Tracey Dey Tubbs, Esq. Office of Attorney General Bureau of Consumer Protection 301 Chestnut St, Suite 105 Harrisburg, PA 17101 Attorney General of Maryland Consumer Protection Division 200 St. Paul Place Baltimore, MD 21202 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsown falsification to authorities. Dat Merritt ei z sq. Attorney for Plaintiff 6 ALL THOSE CERTAIN Units, Being Unit Nos. 4, 9, 10, 11, 12, 13, 14, 15, 16 and 27 ("Units"), of The Brook Meadow Townhomes, A Condominium ("Condominium") located in the Township of Silver Spring, Cumberland County, Pennsylvania, which Units are designated in the Declaration of Condominium of Brook Meadow Condominium ("Declaration") dated March 15, 2005 and recorded March 15, 2005 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 715, Page 4681, and as shown on the Declaration Plats recorded in Cumberland County Record Book 80, Pages 132, et sec .., and as amended by a First Amendment to Brook Meadow Condominium ("Amendment"), now known as "Brook Meadow Townhouses, A Condominium," dated August 30, 2006 and recorded on August 31, 2006 in Cumberland County Record Book 730, Page 177, and as shown on the Plan incorporated by reference therein as Exhibit "B" to the Amendment, which Plan was recorded in Cumberland County Right-of--Way Book 14, Page 6. TOGETHER with an undivided percentage interest in the Common Elements appurtenant to the Units as more particularly set forth in the Declaration, as the same may be amended from time to time. TOGETHER with the right to use the Limited Common Elements applicable to the Units being conveyed herewith, pursuant to the Declaration and the Plat and Plans, as amended from time to time. UNDER AND SUBJECT to The Final Subdivision Plan for Gingerfields and Brookmeadows Cluster Development, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 80, Page 132 and to the Brook Meadows Condominium Association Bylaws, as now or hereinafter amended or supplemented. BEING PART OF THE SAME PREMISES which Shah Mathias a/k/a Shahnawaz M. Mathias t/a Eastern Development and Design and Debra A. Mathias, his wife, by deed dated November 9, 2001 and recorded November 20, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 249, Page 1377, granted and conveyed unto Altieri Enterprises, Inc., a Maryland Corporation. BEING the following tax parcel numbers: 38-21-0291-110.U4 3 8-21-0291-110.U9 38-21-0291-110.U10 38-21-0291-110.U11 38-21-0291-110.U12 38-21-0291-110.U13 38-21-0291-110.U14 38-21-0291-110.U15 3 8-21-0291-110.U 16 3 8-21-0291-110.U27 7 s 4- Steven J. Schiffman, Esquire Attorney ID No. 25488 Merritt C. Reitzel, Esquire Attorney ID No. 92069 SERRATELLI, SCHIFFMAN, BROWN & CALHOON P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 Z~10 FED t 7 P~ ~ i2~ 29 v~~~~ ~U'v: ~ WACHOVIA BANK, NATIONAL ASSOCIATION, Plaintiff v. ALTIERI ENTERPRISES, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-CV-0507 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2(c) I, Merritt C. Reitzel, Esquire, attorney for the Plaintiff in the within matter, hereby certify that I served copies of the Notice of Sheriff's Sale of Real Property, attached hereto as Exhibit A, on the parties set forth in the Amended Affidavit Pursuant to 3129.1 by U.S. Mail at least 30 days prior to the sale scheduled for February 10, 2010, which service is evidenced by the U.S. Postal Service Certificates of Mailing attached hereto as Exhibit B. As the sale in this matter has been continued to February 17, 2010 due to the weather- related courthouse closing on February 10, 2010, a Notice of Sheriff's Sale containing the continued sale date, a copy of which is attached hereto as Exhibit C, was sent to all parties set forth in the Amended Affidavit Pursuant to 3129.1 by U.S. Mail on February 12, 2010, as evidenced by the attached U.S. Postal Service Certificates of Mailing attached hereto as Exhibit D. Date: ~J~ ~ /a 0 ~ ~ Attorney for Plaintiff '',,,,,~ Steven J. Schiffman, Esquire Pa. Supreme Court ID No. 25488 Merritt C. Reitzel, Esquire Pa. Supreme Court ID No. 92069 SERRATELLI, SCHIFFMAN, BROWN AND CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, Pennsylvania 17110 (717) 540-9170 Attorney For Wachovia Bank's Assignee, Triple Crown Corporation, Inc. WACHOVIA BANK, NATIONAL ASSOCIATION, Plaintiff v. ALTIERI ENTERPRISES, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-CV-0507 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO Pa R.C.P. 3129.1 TAKE NOTICE that the Sheriff s Sale of Real Property (real estate) will be held: DATE: Wednesday, February 10, 2010 TIME: 10:00 a.m. LOCATION: CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property (SEE LEGAL DESCRIPTION ATTACHED) THE LOCATION of the property to be sold is commonly known as Unit Nos. 4, 9, 10, 11, 12, 13, 14, 15, 16 and 27 of The Brook Meadow Townhomes, A Condominium, located in the Silver Spring Township, Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and county to: 2009-CV-0507 PLAM17ffF'8 EXMIBtT °~ v THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Altieri Enterprises, Inc. A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that axe owed taxes) will be filed by the Sheriff of this County 30 days after the sale and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within 10 days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE: 1. You may file a petition with the Court to open the judgment if you have a meritorious defense against the judgment that has been entered against you. You may also file a petition with the court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale, you may file a petition to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE BILED BEFORE THE SHERIFF' S DEED IS DELIVERED. ~ ~~ 3. A petition raising the legal issues or rights mentioned above must be presented to the Court, and must be served on the attorney for the creditor or the creditor itself before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Civil Division, of Cumberland County, before a presentation to the Court. SHERIFF'S OFFICE Exhibit A -Legal Description ALL THOSE CERTAIN Units, Being Unit Nos. 4, 9,10, 11, 12, 13, 14, 15, 16 and 27 ("Units"), of The Brook Meadow Townhomes, A Condominium ("Condominium") located in the Township of Silver Spring, Cumberland County, Pennsylvania, which Units are designated in the Declaration of Condominium of Brook Meadow Condominium ("Declaration") dated March 15, 2005 and recorded March 15, 2005 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 715, Page 4681, and as shown on the Declaration Plats recorded in Cumberland County Record Book 80, Pages 132, et se ., and as amended by a First Amendment to Brook Meadow Condominium ("Amendment"), now known as "Brook Meadow Townhouses, A Condominium," dated August 30, 2006 and recorded on August 31, 2006 in Cumberland County Record Book 730, Page 177, and as shown on the Plan incorporated by reference therein as Exhibit "B" to the Amendment, which Plan was recorded in Cumberland County Right-of--Way Book 14, Page 6. TOGETHER with an undivided percentage interest in the Common Elements appurtenant to the Units as more particularly set forth in the Declaration, as the same may be amended from time to time. TOGETHER with the right to use the Limited Common Elements applicable to the Units being conveyed herewith, pursuant to the Declaration and the Plat and Plans, as amended from time to time. UNDER AND SUBJECT to The Final Subdivision Plan for Gingerfields and Brookmeadows Cluster Development, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 80, Page 132 and to the Brook Meadows Condominium Association Bylaws, as now or hereinafter amended or supplemented. BEING PART OF THE SAME PREMISES which Shah Mathias a/k/a Shahnawaz M. Mathias t/a Eastern Development and Design and Debra A. Mathias, his wife, by deed dated November 9, 2001 and recorded November 20, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 249, Page 1377, granted and conveyed unto Altieri Enterprises, Inc., a Maryland Corporation. BEING the following tax parcel numbers: 3 8-21-0291-110.U4 38-21-0291-110.U9 38-21-0291-110.U10 38-21-0291-110.U11 38-21-0291-110.U12 3 8-21-0291-11 O.U 13 3 8-21-0291-110.U 14 38-21-0291-110.U15 3 8-21-0291-110.U 16 38-21-0291-11 O.U27 ai w o T o. ~ ~ z .6 c ~ ~~ ~ ~~ ~ ~~ m m ~ ~o o ~~ N °3 °: ~ ~$ Q. ~ _v ... m m ~e O 0 d 0 s M 3 N W m m n N d O 3 f~ m ~~ V 01 U1 N ~ ~ 3 m o . w D ~ a m ~ - ~„ x ~^ ~ C~' c ~ ~ Qp ~ ~ w ~v cn n7 v w ~ ~J 1 - ~/ ~ ~ p~~Jx~ b~~ °O °,c"i ~ uu ~ r ~ ~ ~co ~ p~~®~w~~ mm ~ x o, Q.~ f9 ~o ~3~wp ~ w.~'~ e, ~ o x crbdw ~•ri~•~ ~~ $ _: ~ ~ ~ c'~a~ ~o ate' hyoo~y ~~ =^ ~ '~~ yon~DQ~ ~~ a~N a ~~ ~by~~• N .~., ti O~ ~~ N '~ '~ d w O !'d co N co N p O 1-° ky ~ p H b p to .~ o°OO ~ n ^ C N 00 ~ ~ ~ ~ ~. '<' a - -- g ----- _-_,-. -_ _ -__._ __ m j ~ DD mO~~~~~t ~nm ~5i ~m y _•~~9 =~•4a~mmt=D ~~-.. ~ ~ mm ~~~ ~ A g'F~ ~ c ~ r~ ~ 4 4, ~ ~ OHO ~~ ~ C i ~. m G d~ ~ s m ~ a ~~ 9~ O ~~ ~ o i ~~j - Q ~ ~~ ;~ (7 to O V~ 9 DO m i~ oo A --~ -----~--.-- T N _ ~ '~ ~ $ Q - -- --~-- ~t y __ - $ _ ~ ~ I ~ Q~ S~rw~~ v O W Qo V ~I T Q ~L' m S N ~~ r v 3 O 1 O w 3 C. c OD ~ ~ tT ~ W I N ~ -+ N m m m ? , ~ W ~ ~ y ~g a ~ $. a ~~ a ~ N N O n m ~ ~ Z ~ ~ -i ~ ~ 3 a m ~ g $ •V C a~ m vm N ~ _ . m ---- --- ?: ooK~i' o k y.c~ o .PO ~p xbo ~ w W~ x`d~o ~~ ~ ~ ~ ^ ~ y• .~ ~ ~ ~ ~°~ ~ ~ ~y z° ~ ~~ ~ o~ ~ d a~~o ~~~ ~ ~ ~& w ~ b~ ~ ~ ~ x r y " ~ ~ a o .~ ~ ° ` 3 b~ ~ r .may ~.1~ N ~] ~ ° ,= N Vj Acne •~- 'bOA 'd ' d t-r w~.~ ~ ~ 'dch~~ ~ n ~ p W ~ c r''y e `''~ ~~ a'~ ~ o ~ ~~ y~~ ~ , 00 ,° ~ cCDO trl ~, v, .. ~. ~ ~ ... 3. W .G+ ~ ~+ ~ .G a ~ N N „'~' ~ C ~ M• N J N ~ l D N y'. r ~ O r O ~" Ki • ~ to 0 O ~ ~ O W O fD O ) ~ O ~' by m • `~ O ~i ` O m m 7 f f ~ y fD m 'O Q a N m 0 w ~~ ~ ~ ~ ~~ 000 p~N qG 9 _ ~~ ~ ~ _~ ~ t __~ !- - _ ~__ ~ m_O•~.~„~"'~ ~ ~ `0 c x Aar ga°~,,~~u'~ ~~ ~~ m ~ m ~ ~4 ~ m ~ ~ mm ~~ a~ ~i m m ~. m d ~~<~ ~ ~ 0 ~~ v~ ~n r ~A {pT (p fD = T T •~ v OWD y ~r oN N Y 0 N ,~ 1 .7 1 0 N m ~o Q? 3 ~$ ~~ 'mho O m_ Z a~ m ~ ov -. N m w ~~~F ~~Wa O p ~~a~~». a~ N G N N M w w. J y 5 K W id3 `'d O ~~ ~~~~ .~ ~ ~ ~ O~ ~ '-' ~ m ~l .O ~~ n c~ Gn x~~ ~ O~ ~ ~ h ~ '~ ~-r O NO p O~ c i ~ y y n a ' ~ ~ ~ ~ ~~ ~ o ~5 ~ ~ a~ ~~ o ~ ~ "* ado a• R° ~ "' ~ ~ ~ °' d ~ ~ 1 C1' A O ~ p ~ ~ p d ~ ~ m' ~ o ,~.' C ~ y Y.1 N '~ . . ~ ~ ~ N ~' y ~ ~ .O f' d U N .f~i = o m ~' ~° c ^o^ o ~~ ~~~ ~ ° _~ '~ ~ o~ ~ . ~ Q j ~ ~ n d wo ~~~=D „ ~3 ~'a~~ ~g ~~~_ ~~~ _ ~.C a~~m '~ DODO QN ~ ~ Ot G ~ ~ o`~+.$~ , 0 ~. ~~ 3 ~ O ~ -m O~ ~ i ~A --}- - '.. ~ ~ A ,___. _ .._-- r ~_._.. ~f ~ y ___-rt-- T ~v ~z s 0 ODD V V T m gi C d `~Np O N W W r O 9 m ~ ~ 0 m 0 3 rp Q? ~~ m ~~ '~ O C N» ~ ~ a 'O rn ---t-- ~-' ~ H who., ~ ~ ~ ~ ,.. ~~ o w f')w cOn~ ~'~~ ~ ~• ~~ d R' '~ 7^ " .N '~ ~ ~ ~ N N n ~ " ~ ~ G ~~} p ° G' O C 'TS ~ ~ O W ~ v' O O ~ ~ A ~ G. ~ CAD C ~ ~ faD ~ O ~ ~ ~ R ~ ~ ~ ~ ~ ~ ~ ~ ~ n ~ O ~-S n, 'TJ "J' ~ o w oc cu w ~ ~ `D ~ '+ 47 0 ~ ~ ~ N n ~ o cn c~ ,.,, va o, c ~ -.. .-. ~ ~Oy ,..,., ~-• ~ ~:b~ n, ~ o .~ 'J ~• c9 ~G ~' ~ oo "d O ~ to C7 ~ ..r ~ O w~0 ~ ° °° ~ O ~ ~' ""~tidp.c N n ~ oNO v~m.co o ~ ~ Z ~+ _ y C O~~ ~O ~ N N < )^ ~. o a ~ ~ ~. m o ° m z s ~ ~ ~i $ ~ ~ ~. m rte. C n .~ N 7 .- O 3 W `7~~ v„ D ~~ ~O ~v~ i __ _i ----- -'-- I i I ----1----- --j ~~ ~~ G ~~QQN ~i'j9~0 oo~~~ ~' ~ ~~9 ~~ p ~ i~` ~,~ o~~~~ -•am ~~ N ~ d ~ .W ~ W ~~ ~D ~c o m m d ~~ d ~c m 0 ON O~qq A ~ ~ mn 2 ~~ mo m~ .~ =~.ti=,~_.i~ =x. -~-~ - _.« Gary ~ Michelle Stover 311 Liberty Court Mechanicsburg, PA 17050 X 176 NFE 1 8OS2 00 O1li; FORWARD T2ME EXP RTN TO SEND STOVER 401 CHESTNUT DR BO2LING SPRGS PA 17007-9672 • -?:' ~~:•': ~ +=.erg-e ~'':-i~ ~~ RETURN TO SENDEF? i~~ s o@~6~0 I,,,111,,,1,,,I1,,,111),,,l,l,,, ll,,l,,,lll,,,,I,1„„11„1,1 S~OlZ QJ+~l `Liqumt0~ SOI a;mS `p8o~ gauezg pag L106 •aul sasudlaxug ttauty ~. , *,f _" OL96-0 L lL l Hd '~a:~ssiaavy O\'CJ2J ~,\\0153Utiil LOZ 31i,~S 11s1s[11:[[rle{r[r[111[teltellrseltlr[t{{llr[t{ltt[I[,tlll[rrl OL~6t~CF~~€t~?~:~.:." ~'.=_.':~..•'- -f--T~-258E~sO-6'LtO:t; tSOL96O'CTL'C =D6 OLidf'lZ'!Od 01 3"~9tfNf1 .L33ZIlS HOf1S ON ~i3~QN3S Ol N2if1.L32~ atlE'~l~O 00 'C 3Q 9L~ 32X2N S [ £L i dd `~IIOJC anuQ a~e~3saM OOL? •aul sasudaa~ug uauTd Q ' 96-0 i a\~o~ v:y~o~s3 ioz 31 ~ ~ i C" ~.~~~ i ~F O i F+ ~~ -~ 10 VO ~ ~; tD z n ~ .. X Z H _ F' O ~ _ ~ ~ µ F+ O ~ C f ~! O mmC 0~ w rz~m µ maz _ -~r~0'-~ r~i _ oma _ a, % 'RD(A - o O~nm r m z - a+ EDD _ ~ avm _ ~ ~ov~r ~ °m ~ A FA O U! O - a m F~ _- , o ~ - F+ ~ = F+ Oi I ~ ~ N ~ O x. 09 O O'O ;o' '~ v~ . ~d ~ a ~o ~~ ., ~ ~ Cyi N „+ G O .r ~• ~ O ~ ">•1 C O M TRIPLE CROWN CORPORATION, INC., Plaintiff v. ALTIERI ENTERPRISES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-0507 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO Pa R.C.P. 3129.1 TAKE NOTICE that the Sheriff s Sale of Real Property (real estate) will be held: DATE: February 17, 2010 TIME: 10:00 a.m. LOCATION: CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property (SEE DESCRIPTION ATTACHED). THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and county to: 2009-CV--0507 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: ALTIERI ENTERPRISES, INC. A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County 30 days after the sale and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within 10 days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD, OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE: 1. You may file a petition with the Court to open the judgment if you have a meritorious defense against the judgment that has been entered against you. You may also file a petition with the court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE BILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition raising the legal issues or rights mentioned above must be presented to the Court, and must be served on the attorney for the creditor or the creditor itself before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Civil Division, of Cumberland County, before a presentation to the Court. SHERIFF'S OFFI PLAINTIFF'S EXHIE~T Exhibit A -Legal Description ALL THOSE CERTAIN Units, Being Unit Nos. 4, 9, 10, 11,12, 13, 14, 15,16 and 27 ("Units"), of The Brook Meadow Townhomes, A Condominium ("Condominium") located in the Township of Silver Spring, Cumberland County, Pennsylvania, which Units are designated in the Declaration of Condominium of Brook Meadow Condominium ("Declaration") dated March 15, 2005 and recorded March 15, 2005 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 715, Page 4681, and as shown on the Declaration Plats recorded in Cumberland County Record Book 80, Pages 132, et sec .., and as amended by a First Amendment to Brook Meadow Condominium ("Amendment"), now known as "Brook Meadow Townhouses, A Condominium," dated August 30, 2006 and recorded on August 31, 2006 in Cumberland County Record Book 730, Page 177, and as shown on the Plan incorporated by reference therein as Exhibit "B" to the Amendment, which Plan was recorded in Cumberland County Right-of--Way Book 14, Page 6. TOGETHER with an undivided percentage interest in the Common Elements appurtenant to the Units as more particularly set forth in the Declaration, as the same may be amended from time to time. TOGETHER with the right to use the Limited Common Elements applicable to the Units being conveyed herewith, pursuant to the Declaration and the Plat and Plans, as amended from time to time. UNDER AND SUBJECT to The Final Subdivision Plan for Gingerfields and Brookmeadows Cluster Development, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 80, Page 132 and to the Brook Meadows Condominium Association Bylaws, as now or hereinafter amended or supplemented. BEING PART OF THE SAME PREMISES which Shah Mathias a/k/a Shahnawaz M. Mathias t/a Eastern Development and Design and Debra A. Mathias, his wife, by deed dated November 9, 2001 and recorded November 20, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 249, Page 1377, granted and conveyed unto Altieri Enterprises, Inc., a Maryland Corporation. BEING the following tax parcel numbers: 3 8-21-0291-1 l O.U4 3 8-21-0291-11 O.U9 38-21-0291-110.U10 38-21-0291-110.U11 3 8-21-0291-110.U 12 38-21-0291-110.U13 38-21-0291-110.U14 38-21-0291-110.U15 38-21-0291-110.U 16 3 8-21-0291-110.U27 ~.,.,~ , 'O r -iI ~ m O W ~ o ~z 3 ,{ c ~3 W m@ 3 ~ Q O y ~ ,~ l 'O ..n (D lD C tit O ~``C N N1~ w I Q v C1 O 'O R K '~ m m -. 3 x O m O 7 .p 3 z a~ m v vm N ~ 0 N In W ~ ~j~i,N )' ~ ~~f ~'- ~ a. ~~ w 9 o ~ ~ ~77p.~ rte-. 9 n. C tp ~ N ~ ~ J cn (~"> d n .. .. m m 3 a m m rn m ~i ~ ~W~3~ c~ ~ ~ p~~ ~~ b o (C C1 ~ 7~ . ~ ~~~~ ~ t .-. AOD ; t o 0 7 n : ~. ~. w ~ ~ ~ ~ ~ ~ L. N ~ .-r OS ~` 2 _ ~C ~1 O M O ~ p M o O ~ 3 ~ ^ .. 0.9 3 N. nro o CO ~ ~7 ~ ~ c°n u i .. r N c~ ~ N v c 'r ~ m x°`~/~( r~~ ~-{'~ cc~~rvl~L7x„ t"a`°~ ,.Cn'o g~ C~`Da sv ~ '~ f i H ~ y b r `', .y Sn o `~ '9 `~ ,~,t a'' co Cri W ~ ~ m '<' v ~; m ~ a ~ C t ' '~' oq ~~~ o o~~ d~ ~ ~~~ o,cn ~~ ~`~ ~~' o N~-c~u • 3 ~ Q ~ rn N ~ ~ to ..7 `"- ,.... cn O ~ w Cr ~ (7 r-ti ~ '~ p. ~ A~ n 3 F, _ ~+ ~ ~ ^~~^ ~ C ~ O ~-+ ~ • tU m C = ~ ~ ~ m ~ ~ a o ~. m ~» ~ ~ ~ a• m s _~ 3 3 d m ~ '. _~ -p m m m a o m m ~" d ~ a ~ & ` ~ ~ f ; .. ~~' ~~ 74 n IIl y a SD4am d ~- ~ dn .w Gti~L° c y w m am <~ ~, ~~ m a 0 ~~ n rn o~ an m ~o ~~ m ~ ~ A i 1 e_,.. s ~ r -i (n y O '71 W m ~ 6Z 3 ,~ c w ~g w ~, v o_ o N ~ ~ ~_ T ~ fD a y c m o m° N m ~- ~ ~ n m .9 m -~ 0 0 o ~ ~' Om ~o n co N y n 3 ~ m '~ lD a 9 N -~ N 3 O W d V O 9 N 3 c_ W, a m fD N G d A K C~1 N 61 et 3 3 fD G fD fD ~I ~ ~ ~ N ' ~ ~ ~ 7 d d a N ~ O n (A m (p Z ~ c ~- ~ ~ W ~ ~ -~\J a' ,~' ~. °° ~ o n~i N on ~ D ° o H ~• ~ ~ ~ ~O^ ~ cn ~ b ~~ N ~. ~ n C~'~o ~ ° p~j 6' y (~') ~ ',°-~.. N~ ~ p ~ ~ ~ h ~ ~ ~ a G ~ K `mod ~ O ~ ~ ~ ~ .~.., .t° Q° rn ~ `~~ U~ ~ m Sp ~ 'bum Y w ~ da ~•~ N ~ ~ ~ O ~ ~ ~ NO ~, w ~ n J ° .b .. N ~ tt33 • O ~, O n n ~ v, i° o ? ~ m a N (~I rt m o. O ~ m m I d d ~ .. a o o ~ m y v m a OC 2 D O ~ N ~ ~m ~ N '~i o~~i T f7 C ~;n D673 ~N W ~ o~~ D ZNO~~~ ` '~ ~ ~~ ~r ~ ~ ~ o x m N 9 .. ...> :. : r ~' a:, ___- - i __ - ~ '. I .~ o W O O ? ~i ~ ? y _ T O~ y~ m~ x m ~ m ''. °~ °, n m a o~ .\~r` ~3 y~~m"O m Q g m m 2 ~~ n. °~ - ~r~ !o ~ n 1 r ~ ~ m ~ /~ ~ -!;~..~~. ~ C V~~ "~ t0 d N N d ac~o <~ N C C ~ N a N ~: n ~ O o. N T ~ N C7 T (n N ~ T (Jj fD = T ~ N ~ N ~ ~ .: ~ .~ aD :~ ~ "O r -i ~ m o_ ~ m d O ~ Z ~ ,~ c 3 W ~m v m o ~ ~ ~ 1-. m 6 C d O '~ O_ N N ~ ~ Z ~ n ~ ~O m -+ o N n m w ~ ~'~--t~r~ _ (~~ M W ~ O x b ~ ..,y ~ Q^ '"'i yb,~ M r'd d ~,c~ n `d~~o~~o ~~'`..J~°p ~~ ~ o~ ~ ~ ~•~~ Ewa ~~~~ q ~d ~V ~~ ~ w OCD ~ o-~ ~ ~ G'U~~ ~ CMG o`~ dp~~ ~C cr~o wed ~~ ~,o j~ m ~°-`~ ~ ~ ~~a~ ° ~d~`< ac g'"'y,< ~ ~,"'~ av ova cu °, ac or',~ ~ a ~ .-•~ ~ Coco ..• ~ w ~ ~ ~~ oo(~~ o,~ ,..~ ~~w m .~ cv cu w'" ~ w ~-r-d~ ~dr+ o o ~ bpO N 'bow ~ ~ ~dv, ~ .~ ~ ~ ~ c~ ~ ~ ~ ~ off" y ~~°° N d~ ~~~ ~~• r~ H ~~ ~o ~ ~ _ o ~ ~, ~ ~ ~ a ~ a -~ p~ ~ n ~ ' "" p co ~ ~ <- c: ,Z m ~ fD x ~ ~ ~ d O n o ~ ~ N ~ N N m m ~ o ~. O'U o ~ m ;D ~ m O a ~ y m ~ •~q •n ~ " 1D m =' y ~ 3 tit ~° 03 oamm o r w ~ c:j ~- m -•, m -. a m m N Z ° ~n (1? r m~ am3mS T N ~ .tea ~ d y 3 fD ~ 7 ~O ~. _.~ V d \\\ `` (~ GV ~ t0 ~ ~'_ ~: D ~ O ~ P? C °~ ~~ n C N ~ 6t N~ 3Q `.a m d K ~~N o. m ~ ~j ~ ZNO2ti D W ,,,,,r00 r (n < ~ fA N ° D m c ~ ~ m m ma A ~ ~ 3 ~; m 3 ~~ ~n ~ ~ fD T N 1D ~ T ~ ~ n .. T fn __ - ~ _ ~~ ~ _-_ ~l Z7 ~ O rn _. ~ -.-- ,.. m ~ ,., 1. , 0 3 v m N "~ •~ N W -~ 3 x O -~ d '~ ' 0 ~_ m 3 ~ N o .n ~ m o °• Z ,P G w ~ m v ~ O ~ -. ~ T m m 6 C N 0 No ~ o N mm ac m ^'m v, 'i m D O ...Q N ~I ~I s ~ ~ W N ~ ' ~ m d d CD N N D ~ O ~ N Z ~ c n 3 ~ n •. ~Ntn w O~ `'C~``d~ ~•+. wY ~ w~ ,~ \ ro ~ J co R, ~ co dq ~ 'O '~ n0 ~ J C' n ~..J 9~~, o~ ~ ~,~~ N ~Q~~ ocu w o~~ ~ `' ~ ° rn~fi N ' W O S O 71 O O .t N A m G w A 'G A Oi K ~3 7 3 .. 0 3 l~D N y fD w ~ !-duo w ~~w o~ ~ ~ ~ a ~ z ~ ~ k ° r ~ ~ " ~ ' ~ ny v, 6 n Y 0 0 n OC O (~- ~i ~~ co ~~ ~ ,~ y o cn ~ r+ ~ ~ < ~ •, o ~ O N ~ O O T O N d m N ~ I r / ~ y O b ~ ~ ~ - ~ D rf$~ ti N ~ (t7 , f ., =='I __ ~ ~ry ~(/) I „_ ~ \ ~ ~ m .. ~ ~ ~ m \ _- ~ n 1 tiJ' ~ Y ~ 3 ~o ~a~ 3 ~n co w N C3r~--•U~• ~ to ~! - CNO=i .~ ~- ~ =oo m m a m cn _. i r -N-I ~ N ~ c' v cDi ~ m ~5 N C C ~ (D d v ~~ A U7 OW oQ m ~t p m C7 m _ - - _ ~ _ _ ~ .., ~.. T (1) ~ ~ lD _ _ _. i_. _ ' ~ T1 (/~ (D = ~ _ TI ~ N ~ T ~ 1 N ~ w n ]^ " >m m ~~ o m Q d O N m )m •O •a n O m m Z m m ~_ 7 N d O N 3 N d ~o~~D o a a. y ~ ~ " o m ~ x m l~ ~ °.am nm ~g=pd~ m v; ~ w v °-Q_wm m Steven J. Schiffman, Esquire Attorney ID No. 25488 Merritt C. Reitzel, Esquire Attorney ID No. 92069 SERRATELLI, SCHIFFMAN, BROWN & CALHOON P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 T 201 F€B 17 Pr3 i2~ 29 WACHOVIA BANK, NATIONAL : IN THE COURT OF COMMON PLEAS OF ASSOCIATION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. ALTIERI ENTERPRISES, INC. : No. 2009-CV-0507 Defendant CERTIFICATION I, Merritt C. Reitzel, Esquire, attorney for the Plaintiff in the within matter, hereby certify that notice of the sale of real property was published in accordance with the provisions of Pa.R.C.P. 3129.2(d), as evidenced by the Proofs of Publication attached hereto. ~ ~n Attorney for Plaintiff February 16, 2010 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 15, January 22, and January 29, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ..~ ,f'L' ' M e Co ,Editor `, Sw TO AND SUBSCRIBED before me this 29 day of January, 2010 Not ~'Y NOTARIAI. SEAL DEBORAH A COLUNS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 - ~'~--F-patriot-News Co. r~ 812 Market St. ~ a 110 ~ Q~~ Harrisburg, PA 17101 NOW y0U knOW Inquiries - 717-255-8213 SERRATELLI,SCHIFFMAN,BROWN,CALHOON 2080 LINGLESTOWN ROAD SHERRIF's"SALE Wedhesd8y,`February 10, 2610 By vlrtue'ot u certdln Wrlt ai Exgcutioniis`sbed`out of the Court of Co'rnmon~sPleds'bkCUmbe~la`ndCoJnty,r PA 17110 Perinsvlvpe,~d;{tFiecedl estate iJesalbed -below WIH-be`ezposed for sale~at tFe Cumberland CbunTV CourTHousR, ; CaFllsle enri3ylvanla; at 10:00 p.m. on tfi? ab -~ ; pvee Ai~p°r11es In Interest °ndC a~ Iindnts dte'herebynoTlfled Thar ° Schedule of Djsirlbutlonwlll be made In accordance wlin said schedule unless exc~,'~°nsare.flledxhe~etawlthlnten (10)'~dhyi'tberelnaTter:`:z i a ~'-' -; THE PATRIOT NEWS oake+~w~ItN°.~oa9-0~,,~~~~~~rerm ~~ THE SUNDAY PATRIOT NEWS WachaJla Bank, National Assoclatlon I' , Allferl;Enterprlses, Inc. ,;Afty:~MerrlttC.RelTzel,Esq, Proof of Publication ~~ALLTHOSE CERTAIN Units, Idelny _.. Un1f.Nos. 4, 9, 10, 11, 12,13, 14, 15, 16 antl Under Act No. 587, Approved May 16, 1929 vcvnlt5")spfTneBrookMeadaw_ Fownhomes; A Condbmlfllum -,< Commonwealth Of Pennsylvania, County of Dauphin} ss w~ uiv, wmcenana County Pepnsyivanla,whlchlfnltsare g duly sworn according to law, deposes and says: deslpna}ed Inihe,Decldcdtlon of'f~= ~ ti Condomlriluin of Brook'NV'eadow CondomlMumY("D~clargYlon") hated Marchi52005andrecorded'Mbrch.l5, accountant of The Patriot News Co., a corporation organized and existing under the laws of the 2005 1n the OTftce of•tbe,R@cor8er;ot DeedsofCurtiberlaridCounty, :~; ~ania, with its principal office andplaceof business at 812 to 818 Market Street, in the City of Penn$ylvanlp, In Record Book 775, page 46e1,andasstwovnoniheDeciaratlon nln, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News PlatsrecocdedlnCuMberlandCounty llatlOn, rioted and ublished at 812 to 818 Market Street, in the Cit Count and State aforesaid; that Record Boak,80,;Payes.,132, et seq:; and p P Y, Y BrookMeadofvt ndomplnumme°t'° .>unday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and c°AmendmenT'.'),~owknownas''Broak aublished ever since; Meadow Tbwritiouses;'A~COndominlum," datedAusUSt30,2006andrecordedon ;ICe Of ublication which is secure) attached hereto is exact) as anted and ublished in their re ular August 31, 2006'In Cumberland County p Y Y p~ P 9 Recarc}Baok730'~Pay~'177,andas.:r ,~ editions which appeared on the date(s) indicated below. That neither she nor said Company is shown on ihe~lan Incorporated b"v referencetherelndsExhlblt'B'•taThe ' ''tter of said printed notice or advertising, and that all of the allegations of this statement as to the time, Amendment, ivhlch Plpn was recorded IdCumberlandCourityRlvhTof-Way JCatlOn are tfue; and Book 14 P fled. ~~,,>,f~~~~ ~ r~ ~ ~ nal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on ~OGEF~HE~ky[th~an'~uridlvlded ;~ ~' percen4avelnt s"tln~he;carn an';! Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the Elemgnts ap ut{e~~ to%,f~e ~ihlts,as . " ~ ~, "m~rSaa!"t~~~kirsetrthfnihe. ~,~ ~; iirectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds Declarafloh, ast ,,sdme. ma be ' ~' amendedtrom~~~Totlme'~rQ' y- `~~: ~uphin in Miscellaneous Book "M", Volume 14, Page 317. . . ~ ~ ~r~ . TOGETHE~Wth,he IohYtousethe LlmRedComrrior~';Elemen}sappllcuble This ad # 0002039003 ran on the dates shown below: to the Units belrip conveyed herewlih, pursuant to The`Declaratlon,ar~the Plat and Plans, as 5$ded from time to January 19, 2010 time.' :f., ~r ,. >~, ,~ ~,_~ ~~ ~ ~ January 29, 2010 -UNDER ANDSU CTto The Final February 05, 2010 ,Sulxllvlslon PI$q to~nyertlelds and 'Brookmeadows~CtusterDevelopment, % ~/y//~ / recorded In the Office of the Recorder oT ~~y%~/:'V ~f~'Y Y . peens of Cumberland Cquhty PennsYlvanla, In Recor~d~ook 80, Pape ~ ~ ~ ~ ~ - 132.and To the Brook Meadows r~,l, - ~ Condominlumpssoclatlon Bylaws, as - now or, herelnatter amended or Supplemented= Sworn to afid~ubscribed before a is day of February, 2010 A.D. t ~ ,~ . ~ : - .:: -l' ~ - BEING PART OF TyESAME .. ~`•.~ PREMISES welch shah Mathias a/k%d '~~ ; S',twhnawpz M'Mathlas.tla.Easfern '" E~evelopment~ndDes[vn'pnd"Debra :4. 1/~i~~'i Matnlas hlswlfe,bydeedAatetl November 9, 2UOl and recorded ~ N Ota ry P U bI IC November 20,+x(101 In the Ofilce of~ihe' - ~tecorder of Deeds In and'tor ~ - Cu~berland ~ounivM1~Perinsylvanla In . cdnveyed Uhto AITIerI EnTerp~ISes, Inc; a Maryland~CohporaTton.-,"c ., BE I NG The fol lowln4 idz parcel ~ ' ' nu hers. ~: 3&21-0291-110.04 38=21,-029T-110.09 3&21-0291-110.070 - ,3&21-0241-110.017 . J8-1}=f1291-aQ.U12 y 3&21-0291-170-U 73 ~j3&'27~-0291-110G114 ~.3E-21=0291:11 Pa u7S i~3&~1=a24~+10:1~ ~ `~ '38-27.4291-110: <~'v~r~'~'-~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor try f~F 7N~~Ti`lGMt4TARY 1Q10 MAR -2 PM 12~ 17 CUM~~`~L~,~ tG ~.,~~ gE~I~vSY~lfl~i~ .1NTY Wachovia Bank National Association vs. Altieri Enterprises Inc Case Number 2009-507 SHERIFF'S RETURN OF SERVICE 06/20/2009 01:31 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 20 2009 at 1330 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Altieri Enterprises, Inc., located at, 301 Brook Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 07/13/2009 Not Found Return, R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested to the within named defendant to wit: Altieri Enterpirses to their last known address of 9017 Red Branch Road, Suite 201, Columbia, Maryland 21045, on 6/9/09, item returned unclaimed on 7/14/09. 08/25/2009 Property sale postponed to 10/7/2009. 10/07/2009 Property sold to Atty Derek J. Baker for $ 1.00 on 10/7/09 12/14!2009 Order of Court to set aside Sheriffs Sale of Real Estate held on October 7, 2009 and reschedule for next available sale date prior to February 2, 2010, with only the parties listed on the amended Affidavit 3129 permitted to bid. Sale Rescheduled for 1/6/2010, cab. 01/08/2010 Order of Court received 1/8/10 to hold sale for Jr. Lienholders bidding purposes only on 2/10/10 02/17!2010 Due to Snow Emergency, the Cumberland County Courthouse was closed on 2/10/10- sale rescheduled to 2/17/10 in order to allow time for plaintiffs attorney to inform all Jr. Lienholders. CAB 02/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on February 17, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Merritt Reitzel, on behalf of Triple Crown Corporation, Inc., 5351 Jaycee Avenue, Harrisburg, PA 17112, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 860.38 SHERIFF COST: $860.38 SO ANSWER ~Y. February 17, 2010 ~~ ~ NNY R ANDERSON, SHERIF.F~~ r~ ~zc' ~~~ D ~ ~" ~ ~ Gv Cb .5 , ~~ pL ~r ~ 7y 3~' ~-'~ " f { ~ REED SMITH LLP By: Derek J. Baker, Esquire Identification No. 82207 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 215-851-8100 215-851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION : Plaintiff, . v. : ALTIERI ENTERPRISES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-507 Civil Term Defendant. ' AFFIDAVIT PURSUANT TO RULE 3129.1 Wachovia Bank, National Association, Plaintiff, in the above action sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property known as Lot Nos. 1-36, Gingerfields & Brook Meadow Cluster Developments, Cumberland County, PA, Part of Tax I.D. No. 38-21-0291-110 and further described as the real property in Exhibit A attached hereto: 1. Name and address of owner(s) or reputed owner(s): Name Address Altieri Enterprises, Inc. 9017 Red Branch Rd., Suite 201 Columbia, MD 21045 2. Name and address of defendant(s) in the judgment: Name Address Altieri Enterprises, Inc. 9017 Red Branch Rd., Suite 201 Columbia, MD 21045 t 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address John H. Myers & Sons, Inc. 2200 Monroe St. York, PA 17404-5521 Mackley, Inc 12101 Belair Rd Kingsville, MD 21087-1107 Eisenhart Crane Service, LLC P.O. Box 2843 York, PA 17405 Mid-Atlantic Materials, Inc. 6813 Quad Avenue Baltimore, MD 21237 Scott A. Phillips 495 Wolf Ledges Parkway Akron, OH 44311 Meyers 2200 Monroe St. York, PA 17404-5521 4. Name and address of the last recorded holder of every mortgage of record: Name Wachovia Bank, National Association Key Bank & Trust John H. Myers & Son, Inc. Address 123 S. Broad Street Philadelphia, PA 19103 P.O. Box 429 Owing Mills, MD 2 1 1 1 7-0428 2200 Monroe St. York, PA 17404-5521 5. Name and address of every other person who has any record lien on the property: Name Address N/A N/A 2 c T 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 N/A 7. Name and address of every other person of whom the Plaintiff has knowledge who may have any interest in the property which may be affected by the sale: Name Address N/A N/A I verify that the statements made by me in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA. Cotes. STAT. AIVN. § 4904 relating to unsworn falsification to authorities. Dated: May 1 , 2009 Sworn and Subscribed before me this ~ day of May, 2009. Public ur+oRwo~anw NOTARIAL SEAI. JANICE M. KOLEA, Nohry Pufblic ~/ of Philadelphia, Phils. County Mh ConrniMion Expires January 16.2 Jenn fer P. ox, Esquire 3 ~ t ' ~ EXHIBIT IIAIt BEING KNOWN AND DESIGNATED as Lot Nos. 1-36 as shown on the fi al subdivision plan entitled "Gingerfields & Brook Meadow Clus er Developments" dated June 15, 1998 and recorded among the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plat Bovk 80, page 132E. 38-21-0291-i 100.-U27 Silver Spring Township 301 Brook Meadow Drive Mechanicsburg 1 US ACTNE-'1016695512.1 ~ ~ ~: ~, e?. ~ << }t\ _ 4 `` Si " Recorder of Deeds i .' I 17asa S~ ~~. 8 ~~ 8 P~ 3 8 5°~ r ~~ . ~ Certificate of Residence: ~ I, Rim Schertle, do hereby certify that the correct address of he within-named mortgagee is Wachovia Bank, National Association 1 51 Pinnacle Drive, North Towwer, 4th floor, McLean, Virginia 221 2. Witness my hand this 3rd day of September, 2004. °1C 1/YYl ~~~.~ p h .~" ~' Kim Schertle, Agent of Mortgagee REED SMITH LLP By: Derek J. Baker, Esquire Identification No. 82207 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 215-851-8100 215-851-1420 (telecopy) WACHOVIA BANK, NATIONAL ASSOCIATION Plaintiff, v. ALTIERI ENTERPRISES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-507 Civil Term Defendant. ' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff s Sale of Real Property (Real Estate) will be held Date: Wednesday, September 2, 2009 Time: 10:00 a.m. Eastern Time Location: Sheriff s Office Cumberland County Courthouse One Courthouse Square, Room 303 Carlisle, PA 17015 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED.) THE LOCATION of your property to be sold is: Lot Nos. 1-36, Gingerfields & Brook Meadow Cluster Developments, Cumberland County, PA, Part of Tax I.D. No. 38-21- 0291-110. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Number 09-507 Civil Term THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: ALTIERI ENTERPRISES, INC. A SCHEDULE OF DISTRIBUTION, being a list of the persons, and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff twenty (20) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Cumberland County Court of Common Pleas, Carlisle, Pennsylvania, at the address specified herein. THIS PAPER IS A NOTICE OF "I'HE "LIME ANll rLAC;~ ur i n~ ~AL~ ur YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have meritorious defense against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff s Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two (2) business days before presentation to the Court and a proposed order or rule must attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office -Civil Division before presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto. 2 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 LEGAL DESCRIPTION i Certificate of Residence: ~ I, Kim Schertle, do hereby certify that the correct address of he within-named mortgagee is Wachovia Bank, National Association 1 51 Pinnacle Drive, North Towwer, 4th floor, McLean, Virginia 221 2. ~ witness my hand this 3rd day of September, 2004. Kim Schertle, Agent of Mortgagee P ' j 1 . ' ~ i i EXHIBIT "A" BEING KNOWN AND DESIGNATED as Lot Nos. 1-36 as shown on the fi al subdivision plan entitled "Gingerfields & Brook Meadow Clus er Developments" dated June 15, 1998 and recorded among the Office of i the Recorder of Deeds in and for Cumberland County, Pennsylvania in ~ Plat Book 80, page 132E. 38-21-0291-1100.-U27 Silver Spring Township 301 Brook Meadow Drive Mechanicsburg 17050 i US ACTNE-10168'9542.1 ~} ~' ••r~ ~.4- N !a e + s' ~`. Recorder of Deeds ~(~~.8~8~~385°3 WRIT OF EXECUTION and/or ATTACHMENT -' ~ ., COMMONWEALTH OF PENNSYLVANIA) NO 09-507 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, NATIONAL ASSOCIATION, Plaintiff (s) From ALTIERI ENTERPRISES, INC. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,339.910.62 L.L. $.50 Interest from 1/15/09 -- to be determined Atty's Comm % to be determined Due Prothy $2.00 Atty Paid $119.00 Other Costs to be added Plaintiff Paid Date: 5/04/09 R. Long, Prothonotary (Seal) By: (!... IJ Deputy REQUESTING PARTY: Name: DEREK J. BAKER, ESQUIRE Address: REED SMITH LLP 2500 ONE LIBERTY PLACE 1650 MARKET STREET PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-851-8100 Supreme Court ID No. 82207 Real Estate Sale # On June 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as, 301 Meadow Brook Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 9, 2009 B: Real Estate Coordina~o: '~, ~ 0 ~Gl ~`' cj - ' l~,re ~Q~ Z ~~ ~`„ ~ ~, ~> . ~ ~~~~ The Patriot-News Co. 812 Market S~. ' Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ~he~Jatriot-News NOw you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither 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 in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 g00Y~07 Z Writ No. CIvUTirm 07/31/09 YYecho~la Bank Nat1°nwl .- 08/07/09 Assoclatlon AltNrl EMerprlsss Inc Atty:' D~r~h 8aksr .. .... . BEING KNOWN AND DBSIG$ATED as Lot • Nos.1.36assipamonthefinalsybdivisionplan Sworn to and sub gibed before me this 1 d o Au ust, 2009 A.D. emided "Cringerfields & Brook Meadow ;,,.~ ~ <g Clustser Developments" datcd June 15, 1998 ~ ~,~._- . ,- and recorded among the office of dx Recorder I , / ~of Desds in ~d for Cumberland County. ~ '~~~ _~-lA~~--E `C~- ~ .~~1- ~--~. Pennsylvania io Plat Book 80, page 132E. Silver N Otary PU b I iC Spring P 301 Brook Meadow Drive Mechaaiesbarg 170503&21.0291-1100-U27 COMMONWEALTH OF pENN8YLVANIA Nq~larial Seal Sheirb L Kisner, Notary Publ~ nM Ca ~~ ~ 2~s, 2~0~ 1 Member, Pennsylvania AasodaUon of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 2 Writ No. 2009-507 Civil Wachovia Bank National Association vs. Alfieri Enterprises Inc Atty.: Derek Baker BEING KNOWN AND DESIG- NATED as Lot Nos. 1-36 as shown on the final subdivision plan entitled "Gingerfields & Brook Meadow Clust- ser Developments° dated June 15, 1998 and recorded among the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plat Book 80, page 132E. Silver Spring Township, 301 Brook Meadow Drive, Mechanicsburg 17050. 38-21-0291-1100-U27 ~- isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 7 da of Au ust 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which TRIPLE CROWN CORP INC is the grantee the same having been sold to said grantee on the 17TH day of FEB A.D., 202010, under and by virtue of a writ Execution issued on the 4TH day of MAY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 507, at the suit of WACHOVIA BANK N A against ALTIERI ENTERPRISES INC is duly recorded as Instrument Number 201005272. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~/ day of -6C , A.D. ~ Ola w 1~i~cl~~~F~ii~i€yi~.M M~4YSa+~~~#liaiw~'~.u5 Steven J. Schiffman, Esquire Attorney ID No. 25488 Merritt C. Reitzel, Esquire Attorney ID No. 92069 SERRATELLI, SCHIFFMAN & BROWN P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 sschiffman@ssbc-law. com mreitzel@ssbc-law. com (717) 540-9170 TRIPLE CROWN CORPORATION INC., Plaintiff v. ALTIERI ENTERPRISES INC., Defendant TO THE PROTHONOTARY: c~F 1NC P ~~'~~~aT~?Y 20f0 JUG 2~ P~1 ~ ~ ~~ CUM' ' ~,,;~~~: ~:v`~NTY ~t..=,~. i'~ha~:~`s i-t~'~~skA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-0507 PRAECIl'E Please file the attached Release of Lien in the above-captioned matter. Date l~ TELLI, SCHIFF~viA+N ~4i BROWN P.C. Attorney I.D. No. 9206 2080 Linglestown Road, u to 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff ~8.op PiD Am Crt 5038(0 P.~ ay4 a37 By RELEASE OF LIEN Altieri Enterprises,Inc. a Pennsylvania Corporation, is seized and possessed of certain real estate, the subject matter of this Release, specifically described as follows: SEE, EXHIBIT B This real estate is subject to Pennsylvania Corporate Tax debits in the amount of $ 49,720, which debits are paramount priority liens upon this real estate. Consideration in the amount of $4,000 has been submitted for the purpose of effecting the release of this real estate from the above-mentioned liens under Section 1401 of the Fiscal Code (Act of April 9, 1929, P.L. 343, as amended and re-enacted). NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the COMMONWEALTH OF PENNSYLVANIA, for the above-stated consideration, lawful money of the United States in hand paid, receipt of which is hereby acknowledged, does hereby release, remise, quitclaim and discharge the above-mentioned tax liens from the above- described parcel or parcels of real estate; PROVIDED, that nothing herein contained shall affect the said liens or their legal validity insofar as respects all other lands and tenements, personal property or franchise of said corporation wheresoever situated which are not herein expressly exonerated therefrom. IN W~TNESS WHE EOF, the sai this ~ ~ day of to be executed by t Department Auditor General and the Attorney d, COMMONWEALTH OF PENNSYLVANIA, 20JQ caused this Release of Revenue and approved by the General. COMMONWEALTH OF PENNSYLVANIA Robert P. Coyn Deputy Secretary for Compliance and Collections For Secretary of Revenue Approved: Fran averka Director, Bureau of Corporation Tax Audits For Auditor General ~~~~ /~ Michael A. Roman Chief Deputy Attorney General For Attorney General t ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF DAUPHIN . On this `~' day of 20 /6 before me, a Notary Public in and for the county and state aforesaid, personally appeared Robert P. Coyne, Deputy Secretary for Compliance and Collections, Commonwealth of Pennsylvania, Department of Revenue, Michael A. Roman, Chief Deputy Attorney General, Commonwealth of Pennsylvania, Office of Attorney General, and Frank Waverka, Director of Corporate Tax Audits, Commonwealth of Pennsylvania, Office of Auditor General, known to me to be the persons whose names are subscribed to the above release, and acknowledge that, being authorized to do so, they executed the foregoing release for the purpose therein contained by signing. on behalf of the Commonwealth of Pennsylvania. WHEREOF, I have hereunto set my hand and official seal. o ary Public My Commission Expires: ~~~~ S~YANL4 aty a -~-~ Hoary Peak melon u% Dauphki County fiber, PennslManla Assotlalipn2014 Notaries Exhibit B Exhibit A -Legal Description ALL THOSE CERTAIN Units, Being Unit Nos. 4, 9,10,11,12,13,14,15,16 and 27 ("Units', of The Brook Meadow Townhomes, A Condominium ("Condominium") located in the Township of Silver Spring, Cumberland County, Pennsylvania, which Units are • designated in the Declaration of Condominium of Brook Meadow Condominium ("Declaration's dated March 15, • 2005 and recorded March 15, 2005 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 715, Page 4681, and as shown on the Declaration Plats recorded in Cumberland County Record Book 80, Pages 132, et sea., and as amended by a First Amendment to Brook Meadow Condominium ("Amendment', now known as `Brook Meadow Townhouses, A Condominium," dated August 30, 2006 and recorded on August 31, 2006 in Cumberland County Record Book .730, Page 177, and as shown on the Plan incorporated by reference therein as Exhibit `B" to the. Amendment, which Plan •was recorded in Cumberland County Right-of-Way Book 14, Page 6. TOGETHER with an undivided percentage merest in the Common Elements appurtenant to the Units as more particularly set forth in the Declaration, as the same maybe amended from time to time. TOGETHER with the right to use the Limited Common Elements applicable to the Units being conveyed herewith, pursuant to the Declaration and the Plat and Plans, as amended from time to time. UNDER AND SUBJECT to The Final Subdivision Plan for Gingerfields and Brookmeadows Cluster Development, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 80, Page 132 and to the Brook Meadows Condominium Association Bylaws, as now or hereinafter amended or supplemented. BEING PART OF THE SAME PREMISES which Shah Mathias a/k/a Shahnawaz M. Mathias t/a Eastern Development and Design and Debra A. Mathias, his wife, by deed dated November 9, 2001 and recorded November 20, 2001 in the Office of the. Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 249, Page 1377, granted and conveyed unto AItieri Enterprises, Inc., a Maryland Corporation. • BEING the following tax pazcel numbers: 38-21-0291-110.U4 38-21-0291-110.U9 3 8-21-0291-110.U10 38-21-0291-110.U11 38-21-0291-110.U12 38-21-0291-I 10.U13 38-21-0291-110.U14 38-21-0291-110.U15 38-21-0291-110.U16 38-21-0291-110.U27 TCC Parcel No. 3 Sold to the listing creditor, Triple Crown Corporation, at the Cumberland County Sheri£li's Sale on February ~7, ~,oio under Docket/Writ No. Zooq- oso~. •' Exhibit B BEGII Ti`iING at a pout oa the aorthcrn right-of-way Iint of NCulberry Drive at tbe' ~ southemcomcrofLotlQo_ 38 as shown oa the hereinafter mentioned PlanofLots, tl}ence a[on ;said B'~NG $e foJlowiag tax parcel ~¢bcrs: LotNo. 38 North 54 dcgrtcs 57 tninetes 27 secaads Wes4 a distance of I091S9 fact to a point; . thence North 35 degrees 23 mutates 54 seconds East, a distance of 764.86 feet to a pa'tn~ thca~:e South 55 degrees 30 mim~ira 27 seconds East; a distance of 891.00 feetto apain~ tIrenceNorth 4I 38-08-0565-0I O de~ees 49 miuutcs 24 seconds East; a distance of 548.67 feet to a point; thrnce North 5I degrees . 50 minutes 49 seconds~ast, a d'tstaace oF504.27 fact to a point; thence South 34 degrees 47 minutes 3 8-O 5-0565-096 5$ seconds East, a distance of52531 feet to a point on flue northern right-of-way Line of Mulberry 3 8-05-0565-097 -Drive, thence along said right-of-way Iinc of biulbciry Drive South 58 degrees 25 muontes 18 seconds West, a distance of 616.45 Fart to a poitd~ thence caatiaumg aIoag Mulbery Drive by a . 3 8-08-0565-098 curse having a radius of 300.00 feet and. an arc length of Li6.64 feet to a point; thence ~,,,,ti,,,~+*+R . South 32 degrees 20 miatffrs 32 seconds West adistance of 189.22feet to a point; thence bya curve 3 8-08-0565-099 having a radius of 595.00 fret end. an arc length of 149.65 feet to a point; tbCACC South 46 degrees 3 8-08-0565-10 i .45 mmutrs 12 seconds West, a distance of 13'1.67 Foot m a point; theatre by a curve having aradius - • of 125.00 feet aced as arc length of 64.88 feet m a point thence South 75 degrees 1Z mintates 57 3 8-08-0565-102 seconds West, a distance of 15959 feet to apoirtt; thence by a corn having a radius of 155A0 feet 3 8-08-0565-103 aced an arc length of 76.66 fur to a point thenra South 46 degrees 52 minutes 44 seconds West; a distance of 102.71 feet to a pain ;thence 5avth46 dagreas 52 minutes 44 seconds West a distance 3 i1-08-0565-I04 of 103.84 feet to a point; thence South 48 degrees 32 mintri~s 33 seconds West, a distance of 4.71 fceito apoin~ saidpoiadbeiagthePlace of BEGINNING. 38-08-0565-105 Thesnbject tsbeingconveyedbyaperimetcrbauadarydcscription,butthis properly 38-08-0565-IQ6 conveyance is not intended to merge the lots or stmt rights-of-way or is anY other manner negate 3 8-08-0565 t C7 or undo the affect of the Foxwood Plan and the casticacc of the lots and street rights-af-way as separately subdivided parcels. 3 8-08-0565-108 BEING Lot No. 2 anti a poatioa of Lot No. 1 oa the math side of Mulbeuy Dine - 3 8-08-0565-I09 as shown in subdivision plan done fnrAlmeda 5_ Ward aced accorded is Play Book 69, Page 126_ 38-08-0565-1 I O BI+7NG all of the area encompassed by Lot Nos_ 1 though 38 oat the 38-08-0565-I11 . Preliminary/Fimal Sobdi.VisioII Plaai far Foxwood recorded Ia.Plan Book 40, Page 18, ex['+hadlag ~~~, L~yjag ~ ~wimna parcels desca-bed in F~cba-bit `B•• attachad Jzeretn• • 38-08-0565-112 • ' BEIPTG T13E SAlY18 prcmis~s which Edwazd ]. VJazd, I~daailyn W. Pomroy`sad 38-08-0565-113 BeverlyL.Rowe, personal repaesentativ~coftheEstateafAlmedaS.Ward,deceasedandBeveriy. . 3 8-08-0565-114 L_ Rowe aced Charles E. RovrS her husband, in their individual opacities, by thaat deed dated December 23, 2DD4 aced recorded January 3, 2005 in. the Office of the Recorder of Deeds is and for 38-08-056521 IS Cvatberland County, Peansylva~ia is Deed Book 266, Page 4858, granted and corneyed unto EastcraCommtmitiesLimitedPattaership,aPennsylvaniaLimitcdPsrtnership,GRAN'fORhe4eaL 38-08-0565-116 38-08-0565-117 TOGET~R with all and singtilar the bni[dings, impravemea8_s, ways, goods, ~_ watea, watercourses, rights, L3crlies, privileges, bereditamcnts and appurtC„anrrc to the same 3$-D8-0565-118 belonging or is anywise appertaining; aced the rcveaion aced reversitons, rcmaiadcr aced aemaiaders, 38-08-0565-7 ] 9 .rents, issues and profits ihereo~•and of every part and parcel thereof; ATfD .AYSO aIl $e estates' nghf; ~ inteaesf;,tue, pos~ssion, property, claim anddemandwhatsocvac ofthe Graatorbothin •r ~ 38-08-0565-120 law and iII equity, of, is ~d to the p.",,;R~ herein described and every part and parce[ Ylureof with the appurtcnaaces. TO HAYS AIYD 'Z'O HOLD ali and singular the gannises hetzia described 38-08-0565-I21 tagethcrtiviththehcreditamenuinndagpvrtertancesnntoBieGranteeandtoUaeGranXee'spropecusa • 38-08-0565-I22 and benef;t forever. - 38-08-0565-124 Designated by the Cumberland Cotmiy Tax Mapping Office with_aa address of `~Inut Place,a being situated along MuI6eay Drive in the area of its iatersectiaa with Stone Rua Derive, Stlves 3 8-08-0565-125 Spriatg Tovva~sbip, Cumberland Conniy, Peaasylvania. 3 8-08-0565-126 38-08-D565-127 . 38-08-0565-128 •• 38-08-0565-I29 • 38-08-0565-130 38-08-D565-132 TCC Parcel No. _ Sold to the listing creditor, Triple Crown Corporation, at the Cumberland County Sheriff's Sale on December q, ~ooq under Docket/Writ No. Zooq- 586q.