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HomeMy WebLinkAbout09-31871 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, NO.: 09-3187 Plaintiff, VS. TYPE OF PLEADING EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SER ICE HEREOF OR A DEFAULT JUDGMENT MAY BE E FRED AGAINST YOU. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Farmers and Merchants Trust Co. of Chambersburg, Plaintiff, COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 FORYCAINTI I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 20 South Main Street Chambersburg, PA 17201 AND THE DEFENDANT(S): 707 Thompson Road Little Falls,11336?5-411005 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 ATTORNEY F CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 26 Moweryk'age, Newkurg, PA 17240 (717) 533-3280 ATTORNEY F IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.. VS. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicando en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO 1MMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 4 9- 31 p 7 Cwt VS. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Farmers and Merchants Trust Co. of Chambersburg, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Farmers and Merchants Trust Co. of Chambersburg, which has its principal place of business at 20 South Main Street, Chambersburg, Pennsylvania 17201. 2. The Defendants, Emanuel Z. Stoltzfus and Susan S. Stoltzfus, are adult individuals whose last known address is 707 Thompson Road, Newburg, Pennsylvania 17240. 3. On or about March 29, 2007, Defendants executed a Note in favor of Plaintiff in the original principal amount of $520,000.00. 4. On or about March 29, 2007, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $520,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on April 2, 2007, in Mortgage Book Volume 1987, Page 690. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. Plaintiff was not required to send Defendant(s) written Notice pursuant to 35 P.S. § 1680.403 (c) (Homeowners' Emergency Mortgage Assistance Act of 1983, - Act 91 of 1983), prior to commencement of this action for the reason that the aforesaid mortgaged premises is not the principal residence of Defendant. 8. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that the original principal balance of the aforesaid Mortgage is more than $50,000.00, and therefore: (a) said Mortgage is not a "residential mortgage" as defined in 41 P. S. §101; (b) the Defendant(s) is/are not "residential mortgage debtor(s)" as defined in 41 P.S. §101, and; (c) the mortgage premises is not "residential real property" as defined in 41 P.S. §101. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 201,217.56 Interest through 5/13/2009 $ 4,332.01 Late Charges $ 203.06 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 207,462.63 plus interest on the principal sum ($201,217.56) from May 13, 2009, at the rate of $19.56 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $207,462.63, with interest thereon at the rate of $19.56 per diem from May 13, 2009 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises & CONNELLY LLP BY PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" Parcel Identification ? F Number: C''.' . . REC I EQU STED BY: 107 RPR 2 AM 11 15 Farmers and Merchants Trust Co. of Chambersburg Commercial Services Department 20 South Main Street P. O. Box 6010 Chambersburg, PA 17201-6010 WHEN RECORDED MAIL TO: Farmers and Merchants Trust Co. of Chambersburg Commercial Services Department 20 South Main Street P. 0. Box 6010 Chambersburg, PA 17201-6010 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $520,000.00 THIS MORTGAGE dated March 29, 2007, is made and executed between Emanuel Z. Stoltzfus and Susan S. Stoltzfus, whose address is 26 Mowery Lane, Newburg, PA 17240 (referred to below as "Grantor") and Farmers and Merchants Trust Co. of Chambersburg, whose address is 20 South Main Street, P. 0. Box 6010, Chambersburg, PA 17201-6010 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration. Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit A, which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 26 Mowery Lane, Newburg, PA 17240. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $520,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and 13) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its va:ue. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3)' Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the 3K1987;;;1 90 MORTGAGE (Continued) Page 2 Property with this section of the Mortgage. Any inspections or teats made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and 12) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance. Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE • CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three 13) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage Payment. Grantor shall pay when due land in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen 05) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to 8K 1987`1"-; 0 S9 1 MORTGAGE (Continued) Page 3 give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice Is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either 0) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtadness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding- by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net onI9371©692 MORTGAGE (Continued) Page 4 proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; 12) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either 11) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained leach as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, rallied, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. BK 19 8? ",0393 MORTGAGE (Continued) Page 5 Death or insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 115) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law; Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Noryudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Q!N;987"N, 6 94r MORTGAGE (Continued) Page 6 Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten 110) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any parry may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amandmertts. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal low, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonweafth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County, Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabil'rty. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. N 1, 9371"AE95 MORTGAGE (Continued) Page 7 Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Emanuel Z. Stoltzfus and Susan S. Stoltzfus and includes all co-signers and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 1"SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word "Grantor" means Emanuel Z. Stoltzfus and Susan S. Stoltzfus. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to the date of this Mortgage. Lender. The word "Lender" means Farmers and Merchants Trust Co. of Chambersburg, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated March 29, 2007, in the original principal amount of $520,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. 3 K 19 67''"16696 MORTGAGE (Continued) Page 8 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: XA1 (Seal) sous Z. Sto f X t { a. ISeal) Susan S. Stoltzfus Signs , acknowledge 3s'vered presence of: X nass ?{J X U A d J A Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Farmers and Merchants Trust Co. of Chambersburg, herein is as follows: Commercial Services Department. 20 South Main Street, P. O. Box 6010, Chambersburg, A 17201-6010 K/AAttttro'rnLey or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) )SS COUNTY OF t'` (. I t } ) On this, the ( )h I day of I ?1'kA t 20 C` ? 1 before me ;j, the undersigned Notary Public, personally appeared Emanuel Z. Stoltzfus and Susan S. Stoltzfus, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. CpMMW11111EALnl of PEN riVAN A 1Nut 'U e Lkdfiµ? WAYPtNotary Public in and for the State of `C:1 ,l??i(';1 1 CL.. Cm - WonLV:bw ch24,2011 of NotrNs LA9[91110 L,nCwy v,,. 9.39.9D.W[ CeP. KNnO FYiuuY SaVWn[. Yw. 1993, Zp). NN[M,MwvN. .M a:1CRNK1W3.FC 1M113391 M33 EXHIBIT A ALL the following described real estate locally known as 25 Mowery Drive, Newburg, lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a white oak; thence by lands. of Andrew Mowery, now or formerly of Abram Basore, north 66 degrees' east 194.5 perches to a post; thence by lands formerly of Fanny Hoover, now or formerly of Frank Heberlig, south 24 1 /2 degrees east 64.2 perches to a post; thence by lands formerly of C. Hoover, now or formerly of Aaron C. Book's heirs, south 67 1 /2 degrees west 57.2 perches to a post; thence by the same, south 35 degrees east 36.5 perches to a stone; thence by the same, south 80 degrees west 15.9 perches to a stone; thence by the same, south 11 1 /2 degrees east 55.6 perches to a post; thence by lands formerly of David Myers, now or formerly of David Hann, south 76 1 /2 degrees west 77.2 perches to a post; thence by lands formerly of Samuel Myers, now or formerly of David Myers, north 41 degrees west 52.5 perches to a post; thence by lands now or formerly of David Neusbausns' heirs, north 40 1 /2 degrees west 88.3 perches to the place of BEGINNING. CONTAINING 122 acres and 68 perches. TOGETHER WITH the following described small tract of land adjoining the above described tract: BEGINNING at a stump at comer of above described lands, thence with said lands, north 80 degrees east 4.7 perches to a lime stone; thence by lands now or formerly of Christian Hoover, south 1 degree west 25.6 perches to a pine stump; thence by lands above described north 11 1 /4 degrees west 23.6 perches to the place of BEGINNING. CONTAINING 54 perches, more or less. The total acreage being 122 acres and 122 perches. LESS, HOWEVER, the following tracts of land: 1. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1969, recorded In Cumberiand County Deed Book "W", Volume 23, Page 834. 2. Tract conveyed to Robert Sherwood.. gwgry.add. S.harQn,Ann Mowarv_ hu_,"1fA. by deed dated March 31, 1970, recorded in Cumberland County Deed Book "O", Volume 23, Page 879. 3. Tract conveyed to Robert S. Mowery, dated May 31, 1985, and recorded in Cumberland County Deed Book "H", Volume 31, Page 483. Being the same real estate conveyed to Emanuel Z. Stoltzfus and Susan S. Stoltzfus, husband and wife, mortgagors herein, by deed of Robert S. Mowery and Patricia L. Mowery, husband and wife, and Judy P. Fogelsanger and Edward L. Fogelsanger, a/k/a L. Edward Fogelsanger, dated July 20, 1999, and recorded in. Cumberland County Deed Book Volume 204, Page 741. I Certify this to SUBJECT TO all conditions, reservations and restrictions of record. T'' CUrr.?,,erla.nd 098 BK i 98?Pr be recorded County PA ?` `- Rccorcler of Deeds e ? VERIFICATION I, Lorie Heckman, Assistant Vice President, on behalf of Farmers and Merchants Trust Company of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Pleading are true and correct to the best of my information, knowledge and belief. oHeckman, Assistant Vice President 09 ?•? ? -,rte '!r,•s,+?F?? 2 ,'!71:ill 'A { 19 ( 1112' I j c*-.It ?„Zs338 Sheriffs Office of Cumberland County R Thomas Kline }1??7 04, C 111rtber/, ? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE';' Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/29/2009 08:03 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 29, 2009 at 2003 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupants, by making known unto Troy Mills, Occupant at 26 Mowery Lane Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 June 01, 2009 SO ANSWERS, R TH M S INE, SHERIFF y Sheriff 2009-3187 Farmers & Merchants Trust V Emanuel Stoltzi r-, rv 6 777- -i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, vs. NO.: 09-3187 ISSUE NO.: EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. TYPE OF PLEADING: AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO Pa.R.C.P., 404 CODE: FILED ON BEHALF OF: Farmers and Merchants Trust Co. of Chambersburg, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA I.D. # 55650 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 09-3187 vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, ; Defendants. AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANTS PURSUANT TO Pa.RC.P 404 I, Scott A. Dietterick, Esquire, attorney for Plaintiff, Farmers and Merchants Trust Company of Chambersburg, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Complaint in Mortgage Foreclosure on Defendants pursuant to Pa.R.C.P. 404 as follows: 1. Defendants, Emanuel Z. Stoltzfus and Susan S. Stoltzfus, are the record owners of the real property. 2. On or about May 23, 2009, the counsel for Plaintiff served Defendants with a true and correct copy of Plaintiff's Complaint in Mortgage Foreclosure, via Certified Mail, Return Receipt Requested to 707 Thompson Road, Little Falls, New York 13365-4105. A true and correct copy of said Certified Mail Receipt and Return Receipt is marked Exhibit "A", attached hereto and made a part hereof. 3. Plaintiff's counsel hereby certifies that Defendants, Emanuel Z. Stoltzfus and Susan S. Stoltzfus, were served with Plaintiff's Complaint in Mortgage Foreclosure in accordance with Rule of Civil Procedure 404, regarding service outside the Commonwealth. Respectfully Submitted: JAMES, SA CONNELL By: P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this 8t' day of June 2009. Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 CK & Attorney I.D. #55650 EXHIBIT "A" ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: V . ?- ?R,? . ?a. 133 % d A. Signature x\' ? Agent ?i ? Addressee Received by (Printed Name) C. Date of Delivery I ? - a-? D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No 3.. Service Type ,,,, certified mail 13 Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Artidle Number 7008 1300 0001 8 217 9605 (Transfer ft m service A PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: ?V "76-7 410 2 A. Signature p _ Q . p-h ? Agent X O ... Y BR ceived by (Printed Name) j C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type mffed Mail ? Express Mail egiistered ' ? Return Receipt for Merchandise - ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7008 1300 0001 8217 9599 (Transfer horn service labs!) PS Form 3811, February 2004 Domestic Return Receipt 102595-024M-1540 U.S. Postal Service CERTIFIED MAIL,.. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) F Fo• delivery information visit our website at .vw w.usp".com>. ¦A7•It_ s _ --- Restricted Delivery Fee (Endorsement Required) U.S. Postal Service, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No insurance Coverage Provided) f-'c,r delivery information visit our website at 7777o77 r1-- rq ru CID O O M ra Q tcnaorsement Hequlred) 0 Restricted Delivery Fee (Endorsement Required) ED 0 0 P- FILED-01-FOR OF THE PLO HONOTAPY 1009 juN --9 Ph 12= 4 a WIV : Nnn `Y{{!.}j ` f `?r ~ ~ u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO.OF CHAMBERSBURG, Plaintiff, N0.:09-3187 vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. ISSUE NO.: TYPE OF PLEADING: Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Farmers and Merchants Trust Co. of Chambersburg, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 09-31.87 vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Farmers and Merchants Trust Company of Chambersburg, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendants/Owners and Other Parties of Interest as follows: 1. Defendants, Emanuel Z. Stoltzfus and Susan S. Stoltzfus, are the record owners of the real property. 2. On or about July 11, 2009, Defendants, Emanuel Z. Stoltzfus and Susan S. Stoltzfus, were served with Plaintiff s Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, via Certified Mail -Return Receipt Requested at 707 Thompson Road, Little Falls, New York 13365-4105. True and correct copies of said Notices and Certified Mail Receipts are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about August 10, 2009, Plaintiff's counsel served all other parties in interest with Plaintiff s Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAN Dated: August 13, 2009 BY: Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this 13~' day of August 2009. Cpl ~ 5 }~ ~ IL ~~~(~_~~DC.~ Not P ary ublic MY COMMISSION EXPIRES: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 ~ONNELLY LLP Scott A. Dietterick, Esquire ~~~ EXHIBIT "A" ~~ a v ^ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X , ^ Agent ^ Print your name and address on the reverse Addressee so that we can return the card to you. B. calved by (P ', t Name) C. Date of Delive ^ Attach this card to the back of the mailpiece, ~- ~ ~~~ l ~i1 /~ or on the front if space permits. D. Is delive from item 1? ^ Yes 1. Article Addressed to: If YE nter delivery ~6 fi below: ^ No (; 4 ~~ ~ ` .~ y` ~ 1 J ~ 3. Service 1' ,. 666 ( ~ ( ~, ~allyw°,{~~cpfess Mail ` /I ! ~ 2 ~ /„ ~ E] Regrstered ~ ~I Retum Receipt for Merichandise ~~Z~/ VVV iJ U/ / ^ Insured Mail ^ C.O.D. "111......CCC~ii /Ilol 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7 0 0 8 13 0 0 -1070 01 8 2 ]~ 8 2 6 5 0 (Transfer from s PS Form 3811, February 2004 Domestic Retum Receipt to25ss-o2-M-tsao ^ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ^ Print your name and address on the reverse so that we can retum the card to you. B. ived by (Printed ^ Attach this card to the back of the mailpiece, or on the front if space permits. _ ~ D. Is ' er~i.aii~re`s~dfif 1 Article Addressed to: A -~ i V ~~ N [33~~; ~~ fES, enter delivery addr 4' ^ Agent a) ~ C. Date of C ,~ r- from item 11 ^ Yes ~s below: ^ No 'F~ Certifiedl~far"'f ^ Egress Maii r`he Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7 0 0 8 13 0 0 O 0 01 8 218 2 6 4 3 (Transfer from servic PS Form 3811, February 2004 Domestic Retum Receipt ~ ~o25s5-o2-M-t5ao 7 i ^ . ^ , . ~ ...~ ~ Postage U ertifted Fee ,.~ _ ~ .~'~~ ~ ~ adr 0 arum Receipt Fee ,~,, (Endorsement Required) ~"`"~ Here ~ Restrcted Delivery Fee ~ ~°~~~ (Endorsement Required) D ~ aj's m T ostage & Fees r~ ant o '- -r- ~ .. .... ..~- --------~ - m n~ ~~/` Postage fjx' rdfied Fee ~ m Receipt Fee ~ (En orsement Required) D ~ Restricted Delivery Fee (Endorsement Required) O ~ of Postage & Fees m a ~ __ o - lV - --• ~ ~ t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO.OF CHAMBERSBURG, Plaintiff, NO.: 09-3187 vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Susan S. Stoltzfus 707 Thompson Road Little Falls, NY 13365-4105 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 9, 2009, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 26 Mowery Lane Newburg, Pennsylvania 17240 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-3187 CIVIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Emanuel Z. Stoltzfus and Susan S. Stoltzfus 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 thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover- Street, Carlisle, Pennsylvania 17013. 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 beheld, 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 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 a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the 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. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DIETT ONNELLY LLP DATED: July 7, 2009 BY: Scott A. Die enc ,Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED LEGAL DESCRIPTION ALL THE FOLLOWING described real estate locally known as 26 Mowery Drive, Newburg, lying and being situate in Hopewell Townslup, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a white oak; thence by lands for Andrew Mowery, now or formerly of Abram Basore, North 66 degrees East 194.5 perches to a post; thence by lands formerly of Fanny Hoover, now or formerly of Frank Heberlig, South 24'/2 degrees East 64.2 perches to a post; thence by lands formerly of C. Hoover, now or formerly of Aaron C. Book's heirs, South b7 %2 degrees West 57.2 perches to a past; thence by the same, South 35 degrees East 36.5 perches to a stone; thence by the same, South 80 degrees West 15.9 perches to a stone; thence by the same, South 11 % degrees East 55:6 perches to a post; thence by lands formerly of David Myers, now or formerly of David Hann, South 76 %2 degrees West 77.2 perches to a post; thence by lands formerly of Samuel Myers, now or formerly of David Myers, North 41 degrees West 52.5 perches to a post; thence by lands now or formerly of David Neusbausns' heirs, North 40 %2 degrees West 88.3 perches to the place of BEGINNING. CONTAINING 122 acres and 68 perches. TOGETHER WITH the following described small tract of land adjoining the above described tract: BEGINNING at a stump at corner of above described lands, thence with said lands, North 80 degrees East 4.7 perches to a lime stone; thence bylands now or formerly of Christian Hoover, South 1 degree West 25.6 perches to a pine stump; thence by lands above described North 11 '/ degrees West 23.6 perches to the place of BEGINNING. CONTAINING 54 perches, more or less. THE TOTAL ACREAGE BEING 122 ACRES AND 122 PERCHES. LESS, HOWEVER, the following tracts of land: 1. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1969, recorded in Cumberland County Deed Book "D", Volume 23, Page 834. 2. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1970, recorded in Cumberland County Deed Book "O", Volume 23, Page 879. 3. Tract conveyed to Robert S. Mowery, dated May 31,1985, and recorded in Cumberland County Deed Book "H", Volume 31, Page 483. 4. Lots #3B, 3C and 3E of the Subdivision Plan of Emanuel Z. Stoltzfus, said .Plan being recorded in the Office of the Recorder of Deeds of Cumberland County on May 29, 2007 at Plan Book 94, Page 64 with said Lots subsequently released from the lien of the Mortgage of Farmers and Merchants Trust Company of Chambersburg, recorded Apri12, 2007 at Mortgage Book Volume 1987, Page 690. HAVING thereon erected a dwelling house being known and numbered as 26 Mowery Lane, Newburg, PA 17240. BEING part of the same premises which Robert S. Mowery and Patricia L. Mowery, his wife and Judy P. Fogelsanger and Edward L. Fogelsanger a/k/a L. Edward Fogelsanger, wife and husband, by Deed dated July 20,1999 and recorded on July 28, 1999 in and for Cumberland County, in Deed Book Volume 204, Page 741, granted and conveyed unto Emanuel Z. Stoltzfus and Susan S. Stoltzfus, his wife. Tax Map No.: 11-07-0493-017 and 11-07-0493-035 Exhibit "A" 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CNIL DNISION CO.OF CHAMBERSBURG, Plaintiff, NO.: 09-3187 vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. NOTICE OF SIiERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Emanuel Z. Stoltzfus 707 Thompson Road Little Falls, NY 13365-4105 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 9, 2009, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRII'TION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 26 Mowery Lane Newburg, Pennsylvania 17240 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-3187 CNIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Emanuel Z. Stoltzfus and Susan S. Stoltzfus 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 thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. 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. 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. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 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 a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the 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. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the. petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, & CONNELLY LLP DATED: July 7, 2009 BY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED LEGAL DESCRIPTION ALL THE FOLLOWING described real estate locally known as 26 Mowery Drive, Newburg, lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a white oak; thence by lands for Andrew Mowery, now or formerly of Abram Basore,-North 66 degrees East 194.5 perches to a post; thence by lands formerly of Fanny Hoover, now or formerly of Frank Heberlig, South 24'/Z degrees East 64.2 perches to a post; thence by lands formerly of C. Hoover, now or formerly of Aaron C. Book's heirs, South 67 '/z degrees West 57.2 perches to a post; thence by the same, South 35 degrees East 36.5 perches to a stone; thence by the same, South 80 degrees West 15.9 perches to a stone; thence by the same, South 111/? degrees East 55:6 perches to a post; thence by lands formerly of David Myers, now or formerly of David Hann, South 76 %2 degrees West 77.2 perches to a post; thence by lands formerly of Samuel Myers, now or formerly of David Myers, North 41 degrees West 52.5 perches to a post; thence by lands now or formerly of David Neusbausns' heirs, North 40 %Z degrees West 88.3 perches to the place of BEGINNING. CONTAINING 122 acres and 68 perches. TOGETHER WITH the following described small tract of land adjoining the above described tract: BEGINNING at a stump at corner of above described lands, thence with said lands, North 80 degrees East 4.7 perches to a lime stone; thence by lands now or formerly of Christian Hoover, South 1 degree West 25.6 perches to a pine stump; thence by lands above described North 11 '/ degrees West 23.6 perches to the place of BEGINNING. CONTAINING 54 perches, more or less. THE TOTAL ACREAGE BEING 122 ACRES AND 122 PERCHES. LESS, HOWEVER, the following tracts of land: 1. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1969, recorded in Cumberland County Deed Book "D", Volume 23, Page 834. 2. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1970, recorded in Cumberland County Deed Book "O", Volume 23, Page 879. 3. Tract conveyed to Robert S. Mowery, dated May 31, 1985, and recorded in Cumberland County Deed Book "H", Volume 31, Page 483. 4. Lots#3B, 3C and 3E of the Subdivision Plan of Emanuel Z. Stoltzfus, said Plan being recorded in the Office of the Recorder of Deeds of Cumberland County on May 29, 2007 at Plan Book 94, Page 64 with said Lots subsequently released from the lien of the Mortgage of Farmers and Merchants Trust Company of Chambersburg, recorded April 2, 2007 at Mortgage Book Volume 1987, Page 690. HAVING thereon erected a dwelling house being known and numbered as 26 Mowery Lane, Newburg, PA 17240. BE1NG part of the same premises which Robert S. Mowery and Patricia L. Mowery, his wife and Judy P. Fogelsanger and Edward L. Fogelsanger a/k/a L. Edward Fogelsanger, wife and husband, by Deed dated July 20,1999 and recorded on July 28, 1999 in and for Cumberland. County, in Deed Book Volume 204, Page 741, granted and conveyed unto Emanuel Z. Stoltzfus and Susan S. Stoltzfus, his wife. Tax Map No.: 11-07-0493-017 and 11-07-0493-035 Exhibit "A" EXHIBIT "B" i UlYlTEDSTdTES ~~'~~~• Certificate Of Mai T.h~s Certificate of Mailing provides evidence that mail has been presented to USPS®fwm Thls form maybe usetl for tlomestid and intemetional mail. From: JAMES, SMITH, DIETTERICK 8 CONNELLY LLP - ATTN: CHRIS SPURLOCK - P.O. BOX 650 T,.: _ ,~IERSHEY, PA 17033 PS '-'am 3817, April 2007 ~J~tz~w.v ~ ~~~o~,~ _ ~~'~FO Certificate Of Mz This Cedificate of Meiling provides evidence that mail has.been presented to USPS®for This form may be used for domestic and international mail From: _ JAMES, SMITH, DIETTERICK & CONNELLY LLP - ATTN: CHRIS SPURLOCK P.O. BOX 650 To ~, HERSI~Y, PA, 1763 , PS Form 3817 ril 200 PSN ~~ ~~~~ _ • Certificate Of Mai This Certificato of Meiling provides evidence that mall has been presented to USPS~ fan This form may be used for tlomestic and international mail. From: ,,.~ JAMES, SMITH, DIETTERI - CONNELLY LLP - ATTN: CHRIS SPURLACI~ _ P.O. BOX 650 l 0 HERSHEY, PA 17033 ~%.~ To: ~ ~~ ilAflTEDSTdT>cS P0~71lL SERVK~' ~~ ~ ~ < , PS Form 381 , Aprii 2007 PSN 7530-02-000-9065 ,.,~,..,...~T ~'~ 4AF~ a`' ~ ~'..~ ~ ~ r a h ~~-'~ r ~~ +"RC1f~`~. r?.~.r a3~~~~~X~e A '~ 4 ~~.l~~'s~Y 'y ~+ ~.., V •+ _ _P' ~ _ . C~ m' ,~'- ' CJ ~~ _ ."~ LY G~ ~ ;,n -# I~ v ~`~ ~~ ~ i ~ w r..rr ...-~ m .-• . ,-~~~~ a~ler ;°~ - ~ ~ C' V1 ~ ~' a \~~^i ~~..__.._. .. ,/J ~~ c~$`~ 1 11'(/ ~~ ~ e ~ ~~ l r `''~~. I ±...~- ~ m "~ O a TI ~ rn S ,.,...... Q 3 ...# rn , `'. v ~, io ~ • UM/TFDSTdTES ~ • " • ~ • ~~'~~~~• Certificate Of Ma _s "" This Certificate of Ma~inq provides evidence that mail has been presented to USPS®for ,.~ ~ ~-- This form maybe used for domestic and intemational mail. f'~`:' _7~ ~ • From: k~ ~ t ' .. ; r.•: ~~%y.~ JAMES, SIVIITH, DIETTERICK - CONNELLY LLP ~'' - ATTN: CHRIS SPURLACK ` ~~ 1 P.O. BOX. 650 " <~^ r, To: t HERSHEY, PA 1703 ~ r l ` ~~~~ ~ r - 1C/ n (r ~Z r a~`C ., ~~ I Q V~ i J ~ PS Fwm 3817, S 753 - 00-9 6 '~ } ~`-~ f V ~ ~~ ~ ~~ ~A' ~U 5 ulvrrEVSrarFS ~ ~•,~ _ ~'~• Certificate Of Mai This Cedificate of Mailing provides evidence that mail has been presented to USPS®forh ~,- This form may be used for domestic and internatbnal mail. G V From: j JAMES, SMITH, DIETTERICK+I CONNELLYLLP ~ ,,. ~ I - ATTN: CHRIS SPURLOCK ~ ~~_ SI~i' P.O. BOX 650 G _ HERSHEY, PA 17033 c~ C d Ta: n _ -(f j . ~ ~ n ~, .~ (n 3 /~ , ~ ;D ~1 .~ N rn V ~~~ 1 (ay PS Form 3817, Aprii 2 7 PSN 7530-02-000-9065 _. UN/7EDSTdTES ~~~~~• f Certificate Of Ma This Certificate of Meiling provides evidence that mail has been presented to USPS®for 1 his form may he used fcr domestic and intemational mall. . ""` ' From: ~~~1` ~ ~' N . .. ~ ,~ JAMES, SMITH, DIETTERICK-- & / _ CONNELLY LLP ;! ~ ! i . Hader ATTN: CHRIS SPURLOCK r;; ~ ,- ~ P.O. BOX 650 ~c ~~,L; ~ ~ Te: HERSHEY, PA 17033 `o;ps` N ~ a ~ rn ~...__ -p .~ C~ ~ Q o ..a ~ - ~ rn cn 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. NO.: 09-3187 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Brian K. Blevins Georgia A. Blevins Blevins Blue Mountain Finishing Farm, LLC 10315 Otterbein Church Road Newburg, PA 17240 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 9, 2009 at 10:00 a.m., the following described real estate which Emanuel Z. Stoltzfus and Susan S. Stoltzfus are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 26 Mowery Lane Newburg, Pennsylvania 17240 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG, Plaintiff, vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. at EX. NO. 09-3187 in the amount of $208,452.27, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & Dated: August 10, 2009 Byt f ~( / Scott A. Dietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THE FOLLOWING described real estate locally known as 26 Mowery Drive, Newburg, lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a white oak; thence by lands for Andrew Mowery, now or formerly of Abram Basore, North 66 degrees East 194.5 perches to a post; thence by lands formerly of Fanny Hoover, now or formerly of Frank Heberlig, South 24 %2 degrees East 64.2 perches to a post; thence by lands formerly of C. Hoover, now or formerly of Aaron C. Book's heirs, South 67 %Z degrees West 57.2 perches to a post; thence by the same, South 35 degrees East 36.5 perches to a stone; thence by the same, South 80 degrees West 15.9 perches to a stone; thence by the same, South 11 % degrees East 55.6 perches to a post; thence by lands formerly of David Myers, now or formerly of David Hann, South 76 % degrees West 77.2 perches to a post; thence by lands formerly of Samuel Myers, now or formerly of David Myers, North 41 degrees West 52.5 perches to a post; thence by lands now or formerly of David Neusbausns' heirs, North 40 %2 degrees West 88.3 perches to the place of BEGINNING. CONTAINING 122 acres and 68 perches. TOGETHER WITH the following described small tract of land adjoining the above described tract: BEGINNING at a stump at corner of above described lands, thence with said lands, North 80 degrees East 4.7 perches to a lime stone; thence by lands now or formerly of Christian Hoover, South 1 degree West 25.6 perches to a pine stump; thence by lands above described North 11 '/ degrees West 23.6 perches to the place of BEGINNING. CONTAINING 54 perches, more or less. THE TOTAL ACREAGE BEING 122 ACRES AND 122 PERCHES. LESS, HOWEVER, the following tracts of land: 1. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1969, recorded in Cumberland County Deed Book "D", Volume 23, Page 834. 2. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1970, recorded in Cumberland County Deed Book "O", Volume 23, Page 879. 3. Tract conveyed to Robert S. Mowery, dated May 31, 1985, and recorded in Cumberland County Deed Book "H", Volume 31, Page 483. 4. Lots #3B, 3C and 3E of the Subdivision Plan of Emanuel Z. Stoltzfus, said Plan being recorded in the Office of the Recorder of Deeds of Cumberland County on May 29, 2007 at Plan Book 94, Page 64 with said Lots subsequently released from the lien of the Mortgage of Farmers and Merchants Trust Company of Chambersburg, recorded April 2, 2007 at Mortgage Book Volume 1987, Page 690. HAVING thereon erected a dwelling house being known and numbered as 26 Mowery Lane, Newburg, PA 17240. BEING part of the same premises which Robert S. Mowery and Patricia L. Mowery, his wife and Judy P. Fogelsanger and Edward L. Fogelsanger a/k/a L. Edward Fogelsanger, wife and husband, by Deed dated July 20, 1999 and recorded on July 28, 1999 in and for Cumberland County, in Deed Book Volume 204, Page 741, granted and conveyed unto Emanuel Z. Stoltzfus and Susan S. Stoltzfus, his wife. Tax Map No.: 11-07-0493-017 and 11-07-0493-035 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CNIL DIVISION CO.OF CHAMBERSBURG, Plaintiff, NO.: 09-3187 vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 9, 2009 at 10:00 a.m., the following described real estate which Emanuel Z. Stoltzfus and Susan S. Stoltzfus are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 26 Mowery Lane Newburg, Pennsylvania 17240 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"}. The said Writ of Execution has been issued on a judgment in the action of FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG, Plaintiff, vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. at EX. NO. 09-3187 in the amount of $208,452.27, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date, when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & Dated: August 10, 2009 PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THE FOLLOWING described real estate locally known as 26 Mowery Drive, Newburg, lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a white oak; thence by lands for Andrew Mowery, now or formerly of Abram Basore, North 66 degrees East 194.5 perches to a post; thence by lands formerly of Raney Hoover, now or formerly of Frank Heberlig, South 24 % degrees East 64.2 perches to a post; thence by lands formerly of C. Hoover, now or formerly of Aaron C. Book's heirs, South 67 '/z degrees West 57.2 perches to a post; thence by the same, South 35 degrees East 36.5 perches to a stone; thence by the same, South 80 degrees West 15.9 perches to a stone; thence by the same, South 11 'h degrees East 55.6 perches to a post; thence by lands formerly of David Myers, now or formerly of David Hann, South 76 % degrees West 77.2 perches to a post; thence by lands formerly of Samuel Myers, now or formerly of David Myers, North 41 degrees West 52.5 perches to a post; thence by lands now or formerly of David Neusbausns' heirs, North 40 degrees West 88.3 perches to the place of BEGINNING. CONTAINING 122 acres and 68 perches. TOGETHER WITH the following described small tract of land adjoining the above described tract: BEGINNING at a stump at corner of above described lands, thence with said lands, North 80 degrees East 4.7 perches to a lime stone; thence by lands now or formerly of Christian Hoover, South 1 degree West 25.6 perches to a pine stump; thence by lands above described North 11 '/ degrees West 23.6 perches to the place of BEGINNING. CONTAINING 54 perches, more or less. THE TOTAL ACREAGE BEING 122 ACRES AND 122 PERCHES. LESS, HOWEVER, the following tracts of land: 1. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1969, recorded in Cumberland County Deed Book "D", Volume 23, Page 834. 2. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1970, recorded in Cumberland County Deed Book "O", Volume 23, Page 879. 3. Tract conveyed to Robert S. Mowery, dated May 31, 1985, and recorded in Cumberland County Deed Book "H", Volume 31, Page 483. 4. Lots #3B, 3C and 3E of the Subdivision Plan of Emanuel Z. Stoltzfus, said Plan being recorded in the Office of the Recorder of Deeds of Cumberland County on May 29, 2007 at Plan Book 94, Page 64 with said Lots subsequently released from the lien of the Mortgage of Farmers and Merchants Trust Company of Chambersburg, recorded April 2, 2007 at Mortgage Book Volume 1987, Page 690. HAVING thereon erected a dwelling house being known and numbered as 26 Mowery Lane, Newburg, PA 17240. BEING part of the same premises which Robert S. Mowery .and Patricia L. Mowery, his wife and Judy P. Fogelsanger and Edward L. Fogelsanger a/k/a L. Edward Fogelsanger, wife and husband, by Deed dated July 20, 1999 and recorded on July 28, 1999 in and for Cumberland County, in Deed Book Volume 204, Page 741, granted and conveyed unto Emanuel Z. Stoltzfus and Susan S. Stoltzfus, his wife. Tax Map No.: 11-07-0493-017 and 11-07-0493-035 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 09-3187 vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Department of Revenue PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 9, 2009 at 10:00 a.m., the following described real estate which Emanuel Z. Stoltzfus and Susan S. Stoltzfus are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 26 Mowery Lane Newburg, Pennsylvania 17240 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG, Plaintiff, vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. at EX. NO. 09-3187 in the amount of $208,452.27, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & CONNEId.,Y Lb,P Dated: August 10, 2009 By: ~ 1~~/ Scott A. Dietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THE FOLLOWING described real estate locally known as 26 Mowery Drive, Newburg, lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a white oak; thence by lands for Andrew Mowery, now or formerly of Abram Basore, North 66 degrees East 194.5 perches to a post; thence by lands formerly of Fanny Hoover, now or formerly of Frank Heberlig, South 24 '/2 degrees East 64.2 perches to a post; thence by lands formerly of C. Hoover, now or formerly of Aaron C. Book's heirs, South 67 'h degrees West 57.2 perches to a post; thence by the same, South 35 degrees East 36.5 perches to a stone; thence by the same, South 80 degrees West 15.9 perches to a stone; thence by the same, South 11 %2 degrees East 55.6 perches to a post; thence by lands formerly of David Myers, now or formerly of David Hann, South 76 % degrees West 77.2 perches to a post; thence by lands formerly of Samuel Myers, now or formerly of David Myers, North 41 degrees West 52.5 perches to a post; thence by lands now or formerly of David Neusbausns' heirs, North 40 degrees West 88.3 perches to the place of BEGINNING. CONTAINING 122 acres and 68 perches. TOGETHER WITH the following described small tract of land adjoining the above described tract: BEGINNING at a stump at corner of above described lands, thence with said lands, North 80 degrees East 4.7 perches to a lime stone; thence by lands now or formerly of Christian Hoover, South 1 degree West 25.6 perches to a pine stump; thence by lands above described North 11 % degrees West 23.6 perches to the place of BEGINNING. CONTAINING 54 perches, more or less. THE TOTAL ACREAGE BEING 122 ACRES AND 122 PERCHES. LESS, HOWEVER, the following tracts of land: 1. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1969, recorded in Cumberland County Deed Book "D", Volume 23, Page 834. 2. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1970, recorded in Cumberland County Deed Book "O", Volume 23, Page 879. 3. Tract conveyed to Robert S. Mowery, dated May 31, 1985, and recorded in Cumberland County Deed Book "H", Volume 31, Page 483. . , 4. Lots #3B, 3C and 3E of the Subdivision Plan of Emanuel Z,. Stoltzfus, said Plan being recorded in the Office of the Recorder of Deeds of Cumberland County on May 29, 2007 at Plan Book 94, Page 64 with said Lots subsequently released from the lien of the Mortgage of Farmers and Merchants Trust Company of Chambersburg, recorded April 2, 2007 at Mortgage Book Volume 1987, Page 690. HAVING thereon erected a dwelling house being known and numbered as 26 Mowery Lane, Newburg, PA 17240. BEING part of the same premises which Robert S. Mowery and Patricia L. Mowery, his wife and Judy P. Fogelsanger and Edward L. Fogelsanger a/lc/a L. Edward Fogelsanger, wife and husband, by Deed dated July 20, 1999 and recorded on July 28, 1999 in and for Cumberland County, in Deed Book Volume 204, Page 741, granted and conveyed unto Emanuel Z. Stoltzfus and Susan S. Stoltzfus, his wife. Tax Map No.: 11-07-0493-017 and 11-07-0493-035 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. NO.: 09-3187 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 9, 2009 at 10:00 a.m., the following described real estate which Emanuel Z. Stoltzfus and Susan S. Stoltzfus are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 26 Mowery Lane Newburg, Pennsylvania 17240 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). + i:, The said Writ of Execution has been issued on a judgment in the action of FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG, Plaintiff, vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. at EX. NO. 09-3187 in the amount of $208,452.27, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30} days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & Dated: August 10, 2009 PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ! Ir ~ LEGAL DESCRIPTION ALL THE FOLLOWING described real estate locally known as 26 Mowery Drive, Newburg, lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a white oak; thence by lands for Andrew Mowery, now or formerly of Abram Basore, North 66 degrees East 194.5 perches to a post; thence by lands formerly of Fanny Hoover, now or formerly of Frank Heberlig, South 24 1/2 degrees East 64.2 perches to a post; thence by lands formerly of C. Hoover, now or formerly of Aaron C. Book's heirs, South 67 1/2 degrees West 57.2 perches to a post; thence by the same, South 35 degrees East 36.5 perches to a stone; thence by the same, South 80 degrees West 15.9 perches to a stone; thence by the same, South 11 1/2 degrees East 55.6 perches to a post; thence by lands formerly of David Myers, now or formerly of David Hann, South 76 1/2 degrees West 77.2 perches to a post; thence by lands formerly of Samuel Myers, now or formerly of David Myers, North 41 degrees West 52.5 perches to a post; thence by lands now or formerly of David Neusbausns' heirs, North 401/2 degrees West 88.3 perches to the place of BEGINNING. CONTAINING 122 acres and 68 perches. TOGETHER WITH the following described small tract of land adjoining the above described tract: BEGINNING at a stump at corner of above described lands, thence with said lands, North 80 degrees East 4.7 perches to a lime stone; thence by lands now or formerly of Christian Hoover, South 1 degree West 25.6 perches to a pine stump; thence by lands above described North 11 1/ degrees West 23.6 perches to the place of BEGINNING. CONTAINING 54 perches, more or less. THE TOTAL ACREAGE BEING 122 ACRES AND 122 PERCHES. LESS, HOWEVER, the following tracts of land: 1. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1969, recorded in Cumberland County Deed Book "D", Volume 23, Page 834. 2. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1970, recorded in Cumberland County Deed Book "O", Volume 23, Page 879. 3. Tract conveyed to Robert S. Mowery, dated May 31, 1985, and recorded in Cumberland County Deed Book "H", Volume 31, Page 483. t tr ~ 4. Lots #3B, 3C and 3E of the Subdivision Plan of Emanuel 7,. Stoltzfus, said Plan being recorded in the Office of the Recorder of Deeds of Cumberland County on May 29, 2007 at Plan Book 94, Page 64 with said Lots subsequently released from the lien of the Mortgage of Farmers and Merchants Trust Company of Chambersburg, recorded Apri12, 2007 at Mortgage Book Volume 1987, Page 690. HAVING thereon erected a dwelling house being known and numbered as 26 Mowery Lane, Newburg, PA 17240. BEING part of the same premises which Robert S. Mowery and Patricia L. Mowery, his wife and Judy P. Fogelsanger and Edward L. Fogelsanger alk/a L. Edward Fogelsanger, wife and husband, by Deed dated July 20, 1999 and recorded on July 28, 1999 in and for Cumberland County, in Deed Book Volume 204, Page 741, granted and conveyed unto Emanuel Z. Stoltzfus and Susan S. Stoltzfus, his wife. Tax Map No.: 11-07-0493-017 and 11-07-0493-035 Exhibit "A" c ~~ • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. NO.: 09-3187 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Current Occupants/Tenants 26 Mowery Lane Newburg, PA 17240 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 9, 2009 at 10:00 a.m., the following described real estate which Emanuel Z. Stoltzfus and Susan S. Stoltzfus are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 26 Mowery Lane Newburg, Pennsylvania 17240 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") c ~~ The said Writ of Execution has been issued on a judgment in the action of FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG, Plaintiff, vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. at EX. NO. 09-3187 in the amount of $208,452.27, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & CONNELLY LLP Dated: August 10.2009 By Scc PA Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1 ~q • LEGAL DESCRIPTION ALL THE FOLLOWING described real estate locally known as 26 Mowery Drive, Newburg, lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a white oak; thence by lands for Andrew Mowery, now or formerly of Abram Basore, North 66 degrees East 194.5 perches to a post; thence by lands formerly of Fanny Hoover, now or formerly of Frank Heberlig, South 24 '/2 degrees East 64.2 perches to a post; thence by lands formerly of C. Hoover, now or formerly of Aaron C. Book's heirs, South 67 'h degrees West 57.2 perches to a post; thence by the same, South 35 degrees East 36.5 perches to a stone; thence by the same, South 80 degrees West 15.9 perches to a stone; thence by the same, South 11 %2 degrees East 55.6 perches to a post; thence by lands formerly of David Myers, now or formerly of David Hann, South 76 'h degrees West 77.2 perches to a post; thence by lands formerly of Samuel Myers, now or formerly of David Myers, North 41 degrees West 52.5 perches to a post; thence by lands now or formerly of David Neusbausns' heirs, North 40 '/2 degrees West 88.3 perches to the place of BEGINNING. CONTAINING 122 acres and 68 perches. TOGETHER WITH the following described small tract of land adjoining the above described tract: BEGINNING at a stump at corner of above described lands, thence with said lands, North 80 degrees East 4.7 perches to a lime stone; thence by lands now or formerly of Christian Hoover, South 1 degree West 25.6 perches to a pine stump; thence by lands above described North 11 '/ degrees West 23.6 perches to the place of BEGINNING. CONTAINING 54 perches, more or less. THE TOTAL ACREAGE BEING 122 ACRES AND 122 PERCHES. LESS, HOWEVER, the following tracts of land: 1. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1969, recorded in Cumberland County Deed Book "D", Volume 23, Page 834. 2. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1970, recorded in Cumberland County Deed Book "O", Volume 23, Page 879. 3. Tract conveyed to Robert S. Mowery, dated May 31, 1985, and recorded in Cumberland County Deed Book "H", Volume 31, Page 483. ~ ~ r 4. Lots #3B, 3C and 3E of the Subdivision Plan of Emanuel Z. Stoltzfus, said Plan being recorded in the Office of the Recorder of Deeds of Cumberland County on May 29, 2007 at Plan Book 94, Page 64 with said Lots subsequently released from the lien of the Mortgage of Farmers and Merchants Trust Company of Chambersburg, recorded Apri12, 2007 at Mortgage Book Volume 1987, Page 690. HAVING thereon erected a dwelling house being known and numbered as 26 Mowery Lane, Newburg, PA 17240. BEING part of the same premises which Robert S. Mowery and Patricia L. Mowery, his wife and Judy P. Fogelsanger and Edward L. Fogelsanger a/k/a L. Edward Fogelsanger, wife and husband, by Deed dated July 20, 1999 and recorded on July 28, 1999 in and for Cumberland County, in Deed Book Volume 204, Page 741, granted and conveyed unto Emanuel Z. Stoltzfus and Susan S. Stoltzfus, his wife. Tax Map No.: 11-07-0493-017 and 11-07-0493-035 Exhibit "A" ~ • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG, Plaintiff, vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. CIVIL DIVISION NO.: 09-3187 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 9, 2009 at 10:00 a.m., the following described real estate which Emanuel Z. Stoltzfus and Susan S. Stoltzfus are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 26 Mowery Lane Newburg, Pennsylvania 17240 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") a ~ r The said Writ of Execution has been issued on a judgment in the action of FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG, Plaintiff, vs. EMANUEL Z. STOLTZFUS and SUSAN S. STOLTZFUS, Defendants. at EX. NO. 09-3187 in the amount of $208,452.27, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMI~Ii, DI~TTERICK & CONNELLY LP Dated: Au~,ust 10, 2009 By: ,~' ~j`---''`/ Scott A. Dietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1 1 ~ LEGAL DESCRIPTION ALL THE FOLLOWING described real estate locally known as 26 Mowery Drive, Newburg, lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a white oak; thence by lands for Andrew Mowery, now or formerly of Abram Basore, North 66 degrees East 194.5 perches to a post; thence by lands formerly of Fanny Hoover, now or formerly of Frank Heberlig, South 24 % degrees East 64.2 perches to a post; thence by lands formerly of C. Hoover, now or formerly of Aaron C. Book's heirs, South 67 'h degrees West 57.2 perches to a post; thence by the same, South 35 degrees East 36.5 perches to a stone; thence by the same, South 80 degrees West 15.9 perches to a stone; thence by the same, South 11 % degrees East 55.6 perches to a post; thence by lands formerly of David Myers, now or formerly of David Hann, South 76 1/z degrees West 77.2 perches to a post; thence by lands formerly of Samuel Myers, now or formerly of David Myers, North 41 degrees West 52.5 perches to a post; thence by lands now or formerly of David Neusbausns' heirs, North 40 '/2 degrees West 88.3 perches to the place of BEGINNING. CONTAINING 122 acres and 68 perches. TOGETHER WITH the following described small tract of land adjoining the above described tract: BEGINNING at a stump at corner of above described lands, thence with said lands, North 80 degrees East 4.7 perches to a lime stone; thence by lands now or formerly of Christian Hoover, South 1 degree West 25.6 perches to a pine stump; thence by lands above described North 11 1/ degrees West 23.6 perches to the place of BEGINNING. CONTAINING 54 perches, more or less. THE TOTAL ACREAGE BEING 122 ACRES AND 122 PERCHES. LESS, HOWEVER, the following tracts of land: 1. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1969, recorded in Cumberland County Deed Book "D", Volume 23, Page 834. 2. Tract conveyed to Robert Sherwood Mowery and Sharon Ann Mowery, his wife, by deed dated March 31, 1970, recorded in Cumberland County Deed Book "O", Volume 23, Page 879. 3. Tract conveyed to Robert S. Mowery, dated May 31, 1985, and recorded in Cumberland County Deed Book "H", Volume 31, Page 483. i .~ • 4. Lots #3B, 3C and 3E of the Subdivision Plan of Emanuel L. Stoltzfus, said Plan being recorded in the Office of the Recorder of Deeds of Cumberland County on May 29, 2007 at Plan Book 94, Page 64 with said Lots subsequently released from the lien. of the Mortgage of Farmers and Merchants Trust Company of Chambersburg, recorded April. 2, 2007 at Mortgage Book Volume 1987, Page 690. HAVING thereon erected a dwelling house being known and numbered as 26 Mowery Lane, Newburg, PA 17240. BEING part of the same premises which Robert S. Mowery and Patricia L. Mowery, his wife and Judy P. Fogelsanger and Edward L. Fogelsanger a/k/a L. Edward Fogelsanger, wife and husband, by Deed dated July 20, 1999 and recorded on July 28, 1999 in and for Cumberland County, in Deed Book Volume 204, Page 741, granted and conveyed unto Emanuel Z. Stoltzfus and Susan S. Stoltzfus, his wife. Tax Map No.: 11-07-0493-017 and 11-07-0493-035 Exhibit "A" .. A~~' OF 3TriC3~7ARY Z~4 AUG t 4 PM ~: 5~ C