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HomeMy WebLinkAbout09-5869 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK 924 Eaton Avenue Bethlehem, Pennsylvania 18018, * * * Plaintiff V. RCP&P,LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 * * * * * * * Civil Action - Confessed Judgment * * Case No.: * PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary of Cumberland County, Pennsylvania: Issue Writ of Execution in the above matter on the following described real property: The Real Property owned by RCP&P, LLC and generally known as The Manor at Westport located at the northern end of Manor Drive, Lower Allen Township, Cumberland County, District 13, Map 10-0256, Tax Id 13-10-0256- 005 and more particularly described on Exhibit A attached hereto and incorporated by reference herein. ,n AMOUNT DUE: Principal: $755,073.93 Interest (as of 8/26/09): $31,833.46 (per diem = $61.02) Attorney's fees: (10% of $786,907.39) $789690.00 TOTAL DUE UNDER THE NOTE: $865,597.39 ? t7 /?j owA Dated C 12 )uc% Michael D. Nord, Esquire Pa Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 (410) 385-5072 Counsel for the Plaintiff S:\MDN\27461 RCP&P\Praecipe for Writ of Executionl.doc 2 EXHIBIT A ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being shown on survey prepared by James C. Hockenberry, P.L.S. dated September 15, 2003 and more particularly bounded and described as follows, to wit: BEGINNING at a terminus point on the Western right-of-way line of existing Manor Drive and crossing Manor Drive in a Northeast direction North 55 degrees 06 minutes, 00 seconds East a distance of 75.00 feet to a point on the Eastern right-of-way line of Manor Drive; THENCE along existing Lots #12, #15 and #6A of Westport of the following courses and distances: 1) South 82 degrees, 58 minutes, 53 seconds East, a distance of 1,048.76 feet a point; 2) THENCE, North 73 degrees 34 minutes, 21 seconds East a distance of 120.00 feet to a point; 3) THENCE, South 14 degrees 11 minutes 37 seconds East a distance of 779.21 feet to a point; thence along lands of others South 53 degrees, 39 minutes, 30 seconds West a distance of 230.37 feet to a point on the Northern right-of-way line of Pennsylvania Turnpike; THENCE along the Northern right-of-way line of the Pennsylvania Turnpike along an arc of a curve curving to the left having a radius of 2,391.83 feet and an arc length of 548.41 feet to a point; thence along lands now or formerly of Richard and Linda Hammon the following courses and distances: 1) North 44 degrees 02 minutes 01 seconds West a distance of 90.46 feet to a point; 2) THENCE North 34 degrees, 40 minutes 55 seconds West a distance of 1,077.25 feet to a point on the Western right- of-way line of the existing terminus of "Manor Drive", the point of beginning. Containing 20.51 acres. UNDER and subject to any easements of public record. The improvements thereon begin known as 20.33 acres Manor at Westport. Parcel ID. No. 13-10-0256-005 Save and Excepting 4502 Woods Way, Parcel ID 13-10-0256-062 4538 Woods Way, Parcel ID 13-10-0256-071 4550 Woods Way, Parcel ID 13-10-0256-074 4589 Manor Drive, Parcel ID 13-10-0256-047 4549 Manor Drive, Parcel ID 13-10-0256-057 4521 Woods Way, Parcel ID 13-10-0256-082 4537 Woods Way, Parcel ID 13-10-0256-085 Parcel ID 13-10-0256-077 4534 Woods Way, Parcel ID 13-10-0256-070 4510 Woods Way, Parcel ID 13-10-0256-064 4526 Woods Way, Parcel ID 13-10-0256-068 4564 Manor Drive, Parcel ID 13-10-0256-081 Parcel ID 13-10-0256-075 4597 Manor Drive, Parcel ID 13-10-0256-005 4530 Woods Way, Parcel ID 13-10-0256-069 4542 Woods Way, Parcel ID 13-10-0256-072 4546 Woods Way, Parcel ID 13-10-0256-073 4525 Woods Way, Parcel ID 13-10-0256-083 4576 Manor Drive, Parcel ID 13-10-0256-079 4593 Manor Drive, Parcel ID 13-10-0256-046 Lot 34 OF 2009 A JG 26 2. J 4 al-/-a-) aas?a? .sv u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK 924 Eaton Avenue Bethlehem, Pennsylvania 18018, * * Plaintiff V. RCP&P,LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 * * * * * * * Civil Action - Confessed Judgment * M * Case No.: _04 3r 6vm/ * * * * * * * * CONFESSION OF JUDGMENT OF MONEY TO THE PROTHONOTARY: I, MICHAEL D. NORD, hereby file this Statement for Confession of Judgment of Money in connection with the Complaint for Confession of Judgment of Money (the "Complaint") filed by the Plaintiff on or about August 26, 2009 in the above-captioned matter. I .41ow 7 Pursuant to the authority contained in the warrant of attorney in the Note, a photostatic copy of the original of which is attached to this Complaint for Confession of Judgment for Money filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant as follows: DEFENDANT, RCP&P, LLC: Principal: Interest (as of 8/26/09): (per diem = $61.02) Attorney's fees: (10% of $786,907.39) TOTAL DUE UNDER THE NOTE: Date: August 26, 2009 $755,073.93 $31,833.46 $78,690.00 $865,597.39 L^- 0 IQ 0-7"' Michael D. Nord Pennsylvania Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202 410-385-5072 Counsel for Defendant, RCP&P, LLC 2 FLED- Or' THE °;:; . I Tr?Y 2MAUG 26 Pnl 2= 53 `ate, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK 924 Eaton Avenue Bethlehem, Pennsylvania 18018, * * Plaintiff V. RCP&P,LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 * Civil Action - Confessed Judgment * * Case No.: c9? - * * * * * * * * * * * * * * COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY 1. The Plaintiff and the last known address thereof is: SOVEREIGN BANK 924 Eaton Avenue Bethlehem, Pennsylvania 18018 2. The Defendant and its last known address is: RCP&P,LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 I COUNTI 3. Plaintiff, Sovereign Bank ("Plaintiff'), provided a loan to Defendant, RCP&P, LLC (the "Borrower"), in the original principal amount of $2,400,000.00 which is evidenced by, among other things, a Two Million Four Hundred Thousand Dollar ($2,400,000.00) Promissory Note, dated October 1, 2004, as modified by various modification agreements (collectively, the "Note"), executed and delivered by the Borrower to the order of Plaintiff. True and accurate copies of the Note and the modifications of same, which evidence the obligations on which the judgment is herein confessed and which show the signature of the Borrower, are attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Borrower defaulted on its obligations to the Plaintiff under the Note for, among other things, having failed to pay the Plaintiff certain amounts that were owed to the Plaintiff under the Note when and as due thereunder. 5. Plaintiff, in accordance with the terms and conditions of the Note, declared a default and demanded payment of all indebtedness owed thereunder. A true and accurate copy of Plaintiff's March 6, 2009 demand letter to the Defendant, is attached hereto as Exhibit "B" and is incorporated herein by reference. Despite such 2 demand, the Borrower has failed to pay the indebtedness owed to Plaintiff under the Note. 6. There has been no assignment or transfer of the Note. 7. Pursuant to Rule 2951 of the Pennsylvania Rules of Civil Procedure, the judgment entered in connection with the Complaint for Confession of Judgment for Money (the "Complaint") against the Borrower set forth herein are for business transactions and have not been entered against a natural person in connection with a consumer credit transaction. 8. Judgment has not been entered on the Note in any jurisdiction. 9. The itemization of the amount due under the First Note is as follows: Principal: $755,073.93 Interest (as of 8/26/09): $31,833.46 (per diem = $61.02) Attorney's fees: (10% of $786,907.39) $78,690.00 TOTAL DUE UNDER THE NOTE: $865,597.39 10. The Note with the confession of judgment and warrant of attorney was executed by the Borrower on October 1, 2004, along with a Disclosure for Confession of Judgment. 3 11. Under the confession of judgment set forth in the Note, the Borrower authorized and empowered any attorney of any court of record to appear on behalf of the Borrower and to confess judgment against the Borrower in favor of the Plaintiff for and in the full amount outstanding under the Note (including principal, accrued interest and any and all charges, fees and expenses) plus court costs and attorneys' fees equal to ten percent (10%) of the unpaid balance of principal and interest outstanding thereunder. WHEREFORE, the Plaintiff, as authorized by the warrant of attorney and confession of judgment clause contained in the Note, requests judgment be entered against RCP&P, LLC in the total sum of $865,597.39 plus interest after August 26, 2009 at the rate of $61.02 per day and brings the attached Note into Court to recover the said sum. Date: August 26, 2009 l v' 0 A7 o?-J' Michael D. Nord Pennsylvania Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 410-385-5072 Counsel for Plaintiff, Sovereign Bank 4 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ii ,,,,'_61 I k ) TO WIT: CITY/COUNTY OF L Personally, before me, the undersigned authority, appeared Kevin R. Cornwall, who, being duly sworn according to law, was deposed and said that the attached Note-aRd mss- (as those terms are defined above in this Complaint) with the warrants of attorney are true and correct copies of the originals with warrants of attorney and that the averments contained in the foregoing Complaint for Confession of Judgment for Money are true and correct upon the affiant=s personal knowledge, and certifies that the addresses set forth in paragraphs 1 and 2 hereof are the respective principal address of the Plaintiff and the last known addresses of the Defendant. Sworn and subscribed before me this,?J day of August, 2009. Notary Public My Commission expires: -kC J, Ao)tJ OOM pENN$Y ANIA Notarial Seal Lisa A Sdu der, Notary pubk City Of Betllle wn, LAhiph County My Comrrttseton EWM Dom S, 2010 M?mbsr, Penns*a trt Assoolatlon of Notafte VERIFICATION Understanding that false statements made in this verification are subject to the penalties of 18 Pa C.S.A. ' 4904 relating to unsworn falsification of authorities, I verify that I am a Senior Vice President of Sovereign Bank, the Plaintiff in the above-captioned matter, and that I am authorized to make this verification on the Plaintiff=s behalf. 4 P. ?? VIN R. C NWALL Page 1 of 4 5 I (_p F 3 C)z 2.1 V [2?_ PROMISSORY NOTE Borrower: RCP&P, LLC 5053 Ritter Road, Suite 200 Mechanicsburg, PA 17055 Lender: Waypoint Maroc 235 North Second Street P.O. Box 1711 HarrWxwg, PA 17105 Principal Amount: $2,400,000.00 Date of Note: October 1, =K PROMISE TO PAY. RCP&P, LLC ("Borrower") promises to pay to Waypolnt Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Two Million Four Hundred Thousand & 001100 Dollars ($2,400,000.00), together with Interest on the unpaid principal balance from October 1, 2004, until paid in full. PAYMENT. Borrower will pay this loan in one principal payment of $2,4NAW.00 plus interest on October 1, 2006. This payment due on October 1, 2006, will be for all principal and all accrued Interest not yet paid. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment daft, beginning November 1, 2004, with all subsequent interest payments to be due on the same day of each month alter that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 365Y.is0 basis; thal Is, by applying the ratio of the annual Interest raft over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. The Interest rate on this Note is subject to change from time to time based on changes in an Index which is Lander's Prime Rate (the "index"). This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from tender at any given time. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each Day. Borrower understands that Lender may make loans based on other rates as WON. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 0.500 percentage points over the Index_ NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the f?er may pay without penalty all or a portion of the amount owed earlier than 0 is due. Early payments will not, unless agreed to by under in writing, ieve Borrower of Borrowers obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked *paid in fuir, "without recourse", or similar language. If Borrower sends such a payment, Lender may accept It without losing any of Landers rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Waypoint Bank. 235 North Second Street, P.O. Box 1711, Harrisburg, PA 17105. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.M% of the regularly scheduled payment or $10.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 2500 percentage pants over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Nate, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults 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 Borrowers property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrowers behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrowers property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at Its option, may, but shall not be required to, permit the Guarantors 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 Borrower's financial condition, or Lender behaves the prospect of payment or performance of tits Note is impaired. Cure Provisions. It any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured 9 Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately Initiates steps which Lender deems in Lenders sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable - --- -- ---- -- ------ - 8/19/2008 http://columblgaop4/lq/lmagePrinter.aspx?P=1 &L=0&Sca1e=90 Page 2 of 4 8/19/2008 PROMISSORY NOTE Loan No: 8873006355 (Continued) Page 2 LENDER'S RIGHTS. Upon default, Lender may. after giving such notices as required by applicable taw, declare the entire unpaid principal balance on this Note and all accrued unpaid Interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any Rolls under applicable law, Lender's attomeys' fees and Lender's legal expenses, whether or not there is a' lawsuit. Including attorneys' fees, expenses for bardwptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in arty action, proceeding, or counterclaim brought by elther Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by, construed and enforced In accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender to the Commonwealth of Pennsylvania CHOICE OF VENUE. It there is a lawsuit, Borrower agrees upon lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrowers accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. SECURITY. All collateral (as herein defined) Is security for this Note and any renewals, extensions and modifications thereof, and the payment, performance and discharge of all other present or future indebtedness, obligations and undertakings (whether individual, joint, several, direct, contingent or otherwise) of the Borrower to or for the benefit of Lender, whether arising directly to Lender under this Note or under any other agreement, promissory note or undertakings now existing or hereinafter entered into by the Borrower to the Lender. The term "Collateral" includes all tangible and Intangible property (i) described in any mortgage, assignment or other security document separately executed in favor of Lender, and (h) in which a security interest has been granted to Lender pursuant to this Note. LETTER OF CREDIT. Waypoint Bands, in conjunction with the writing of this Note, will Issue a Letter of Credit in an amount not to exceed the Note amount. CRO45-COLLATERALIZE/CROSS4)EFAtLT. The Note will be cross-collateralized/cross-defaulted with all other loans from Borrower, or any of Borrowers related entities, to Waypohnt Bank. If at any Urns there is a default under this Note, all loans will be considered in default and all outstanding amounts under the loans will be irmmediately due and payable in full. A default in one loan shall constitute a default In all others. DISCLOSURE TO BORROWER FOR CONFESSION OF JUDGMENT. An exhibit, tilted "Disclosure for Confession of Judgment," is attached to this Note and by this reference is made a pant of this Note just as N all the provisions, terms and conditions of the Exhibit had been fully set forth in this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrowers heirs, personal representatives, successors and assigns, and shah Inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lenders security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason deterrtdned to be unenforceable, N will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. http://columblgaop4/lq/ImagePrinter.aspx?P=1 &L=0&Sca1e=90 Page 3 of 4 PROMISSORY NOTE Loan No: 8873006355 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: RCP&P, LLC ALTI RPRI , INC., Manapino Member of RCP&P, LLC By. _ (Seal) en B of AIgeA EnTerprlx" inc. LENDER: WAYPOINT BANK X ka AUtl Zed Officer LASl,1 ?Iq l,nM?.Vr.S.N.lV.AOt Car.lYrYM F_.iW ie4nb,,. Inc.?N). 2- As AWM, PA J:%CR%RQ26FC TR- http://columblgaop4/lq/ImagePrinter.aspx?P=1 &L=0&Scale=90 8/19/2008 Page 4 of 4 11111 111 1II1 fill IIII18aI'll' tU. 5 Ir"22 -1 SHORT NAME- Rip & P Lk CORN-NUMnER: 516eKpp p7g Nf W WT4 NUMBCR X, CODE: R[-1 UO(:r Promis.orv Nrrte 1SLR: J(iFANEY Onre: m 1b :'(If)8 0,3104-Of FM 8/19/2008 http://columblgaop4/lq/ImagePrinter.aspx?P=1 &L=0&Scale=90 Page 1 of 2 RCP&P, LLC #51683022-18 Sovereign Bank SECOND PROMISSORY NOTE MODIFICATION AGREEMENT This Agreement made this IQ day of October, 2007 by and between, RCPAP, LLC, having an address of 9017 Red Branch Road, Suite 201, Columbia, MD 21045 (the "Borrower"); and Daren B. Attieri, having an address of 6116 Nightrose Court, Elk Ridge, MD 21075 and Greig G. Alfieri, having and address of 6117 Nightrose Court, Elk Ridge, MD 21075 (the "Guarantors"); and Sovereign Bank, having an address of 235 N. 2nd Street, Harrisburg, PA 17101 (the "Lender'); and Whereas, on October 1, 2004, the Borrower obtained from Lender a Time Note evidenced by a Promissory Note in the sum of Two Million Four Hundred Thousand and 001100 Dollars ($2,400,000.00) (the "Principal Amount") bearing the same date (the "Note"). The Note has a Maturity Date due and payable in full on October 1, 2006 (the "Maturity Date"); and Whereas, the interest rate applied to the Note is a variable rate equal to Lender's Prime Rate plus .50%, said rate to change as and when the Bank's Prime Rate changes (the "Interest Rate"); and Whereas, on December 14, 2006, Borrower obtained from Lender a Note Modification, which Modification extended the Maturity Date on the Note from October 1, 2006 to December 31, 2007 (the "First Modification"); and Whereas, the outstanding principal balance owing on the Note as of October 9, 2007 is Nine Hundred Thirty Three Thousand Eight Hundred Twenty Five and 751100 Dollars ($933,825.75)(the "Outstanding Balance"); and Whereas, at the request of the Borrower and in agreement of Lender, the Note will be further modified. Now Therefore, in consideration of the mutual benefits inuring to Borrower and Lender and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, it is agreed that the Note is hereby modified as descrioed below. 1. Upon execution of the within Agreement, the Interest Rate on the Note shall be changed from Sovereign Bank Prime plus 50%, to a floating rate equal to 2.50% above the 30 day London Interbank Offered Rate ("LIBOR"), subject to change as and when the 30 day LIBOR Rate changes. "LIBOR" shall mean, as applicable to any LIBOR Advance and LIBOR period applicable thereto, (i) a rate per annum (rounded upward, if necessary, to the nearest 1132 of one percent) equal to the composite London Interbank Offered Rate which appears on the Telerate page 3750 as of 11:00 a.m. London time on the day that is two (2) London Banking Days preceding the first day of such LIBOR Period (or if not reported thereon, then as determined by Bank from another recognized source or interbank quotation). In the event that the Board of Governors of the Federal Reserve System shall impose a Reserve Percentage with respect to LIBOR deposits of Bank, then for any period during which such Reserve Percentage shall apply, LIBOR shall be equal to the amount determined above divided by an amount equal to 1 minus the Reserve Percentage. "LIBOR Advance" shall mean, any advance hereunder (or any portion of the outstanding principal balance hereof) that the parties have agreed shall bear interest at a rate, which refers to LIBOR. "London Banking Day" shall mean, with respect to LIBOR Advances, any day on which commercial banks are open for international business (including dealings in U.S. Dollar ($) deposits) in 8/19/2008 http://columblgaop4/lq/lmagePrinter.aspx?P=1 &L=0&Scale=90 Page 2 of 2 RCP&P,LLC #51683022-18 London, England and the United States of America. "Reserve Percentage" shall mean the maximum aggregate reserve requirement (including all basic, supplemental, marginal and other reserves) which is imposed on member banks of the Federal Reserve System against "Euro-currency Liabilities" as defined in Regulation D Guarantors acknowledge and consent to the Borrower's execution and delivery of this Note Modification Agreement and hereby ratify and affirm the actions taken therein. The Guarantors affirm that as of the date herein, the obligations and liabilities of the Guarantors under the Guarantees remain absolute, unconditional and in fill force and effect. All terms of the Note will continue to be fully effective, except to the extent that any of them are expressly changed by this Agreement. The undersigned Borrower hereby confirms and acknowledges that they have no defense, counterclaim or setoff, which could affect the enforceability of the Note, and other Loan Documents and hereby reaffirm the validity of the Note and all other Loan Documents. This Agreement will be binding upon the Parties hereto, as well as their Successors and Assigns, as the case may be. A In Witness hereof, the parties hereto have hereunto set their hands and seal this day of October, 2007. ATTEST: JAW ATTEST TO ALL: WITNESS TO ALL: 8/19/2008 LENDER: SOVEREIGN BANK By: BORROWER: RCP&P, LLC Altieri Enterprises, Inc., Managing Member of RCP&P By: Daren eri, President , Greig Da-re "Altierl, Individually 1-10 Gre' G. Altieri, dividu I CD http://columblgaop4/lq/lmagePrinter.aspx?P=1 &L=0&Scale=90 Page 1 of 2 RCP&P, LLC Loan #51683022-18 Page 1 *Sovereign Bank THIRD NOTE MODIFICATION AGREEMENT This Agreement made this -7 day of be(tf1b+^/ 2007 by and between, RCP&P, LLC, having an address of c/o Altied Enterprises, Inc., 9017 Red Branch Road, Columbia, MD 21045-2112 (the "Borrower"); Daren B. Altied, having an address of 6116 Night Rose Court, Elkridge, MD 21075-6446; Greig G. Altled, having an address of 6117 Night Rose Court, Elkridge, MD 21075-6446 (the "Guarantors"); and Sovereign Bank, a Federal Savings Bank, (successor by merger to Waypoint Bank) having an address of 235 North 2nd Street, Harrisburg, PA 17101 (the "Lender"); Whereas, on October 1, 2004, the Borrower obtained from Lender a Revolving Line of Credit evidenced by a Promissory Note in the amount of Two Million Four Hundred Thousand and 00/100 Dollars ($2,400,000.00) (the "Principal Amount") bearing the same date, (the "Note"). The Note had a maturity date due and payable on October 1, 2006, which date was subsequently extended to December 31, 2007 (the "Maturity Date"); and Whereas, the rate of interest applied to the unpaid principal balance on the Note is equal to Lender's Prime Rate as same may change from time to time, and Whereas, on December 14, 2006, the Borrower executed a Note Modification Agreement; and Whereas, on October 10, 2007, the Borrower executed a Second Note Modification Agreement; and Whereas, the outstanding principal balance owing on the Note as of November 29, 2007 is Eight Hundred Sixty Five Thousand One Hundred Thirty Five and 70/100 Dollars ($865,135.70) (the "Outstanding Balance"); and Whereas, at the request of the Borrower and in agreement of Lender the Note will be modified. Now Therefore, in consideration of the mutual benefits inuring to Borrower and Lender and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and intending to be legally bound hereby, it is agreed that the Note is hereby modified as described below. The Maturity Date on the Note is hereby extended to December 31, 2009, at which time the outstanding principal balance, together with all accrued unpaid interest, late fees and unpaid loan charges, if any, will be due and payable in full. Guarantors acknowledge and consent to the Borrower's execution and delivery of this Agreement and hereby ratify and affirm the actions taken therein. The Guarantors affirm that as of the date herein, the obligations and liabilities of the Guarantors under the Guarantees remain absolute, unconditional and in full force and effect. ct 8/19/2008 http://columblgaop4/lq/lmagePrinter.aspx?P=1 &L=0&Scale=90 Page 2 of 2 RCPBP, LLC Loan #51683022-18 Page 2 All terms of the Note will continue to be fully effective, except to the extent that any of them are expressly changed by this Agreement The undersigned Borrower and Guarantors hereby confirm and acknowledge that they have no defense, counterclaim or setoff, which could affect the enforceability of the Note, and other Loan Documents and hereby reaffirm the validity of the Note and all other Loan Documents. This Agreement will be binding upon the Parties hereto, as well as their Successors and assigns, as the case may be. (n Witness hereof, the parties hereto have hereunto set their hands and seal this -7 day of 0f&944W , 2007. LENDER: Attest: SOVEREIGN BANK By: BORROWER: RCP&P,LLC Altieri erp ' eonc., Managing Member By:_ By: By: By: Ct http://columblgaop4/lq/ImagePrinter.aspx?P=1 &L=0&Scale=90 8/19/2008 EXHIBIT B LAW OFFICES GEBHARDT & SMITH LLP SUITE 2200 ONE SOUTH STREET BALTIMORE, MARYLAND 21202-3281 TELEPHONE: 14101 752-5830 FACSIMILE: (410) 385-5119 WRITER'S DIRECT DIAL NUMBER: (410) 385-5072 WRITER'S E-MAIL ADDRESS: MNORDfrDgebsmith.com MICHAEL D. NORD Member of the Bars of MD, VA, PA and the District of Columbia WILMINGTON OFFICE: SUITE 451 901 MARKET STREET WILMINGTON, DELAWARE 19801 TELEP OtfE: O >-6 6-9002 - FACSIMILE: 13021 429-5953 March 6, 2009 VIA CERTIFIED MAIL - RETURN RECEIPT REOUESTED AND VIA FIRST CLASS MAIL RCP&P, LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 Altieri Enterprises, Inc. 9017 Red Branch Road, Suite 201 Columbia, Maryland 21045 Daren B. Altieri 1813 Morning Walk Drive Catonsville, Maryland 21228 Greig G. Altieri 1815 Morning Walk Drive Catonsville, Maryland 21228 Re: $2,400,000.00 commercial loan ("Loan") to RCP&P, LLC (the "Borrower") from Sovereign Bank successor-in-interest to Waypoint Bank (the "Bank") Our File No.: 27461 To the Parties Addressed: Please be advised that I have been retained by the Bank to represent the Bank in connection with the above-referenced Loan, and the various loan documents evidencing, securing, guarantying or otherwise documenting the same (collectively, the "Loan Documents"). GEBHARDT & SMITH LLP To the Parties Addressed March 6, 2009 Page 2 My review of the Loan Documents for this matter indicates that: (a) the Loan is guaranteed by - ---A-ltieri Enterprises, -Inc., Daren -B. Altieri and Greig- G. Altieri (collectively the ``Guarantors") -- pursuant to written guaranties of payment; and (b) that the Loan is secured by certain real property owned by the Borrower and generally known as the Manor at Westport in Cumberland County, Pennsylvania ("Real Property"). On August 29, 2008, the Bank notified the Borrower and the Guarantors (collectively the "Obligors") that they had defaulted under the Loan Documents and as a result of that default, the Bank declared a default accelerated and demanded payment of all indebtedness owed under the Loan Documents. Despite the Bank's demand, the Borrower has failed to pay the indebtedness owed under the Loan Documents. Consequently, all indebtedness owed under the Loan Documents remains immediately due and payable. As of February 25, 2009, the outstanding principal, interest, late charge and other fee balance due and owing to the Bank is set forth on Schedule 1 attached hereto and made a part hereof. In addition, since the Loan Documents have been referred to an attorney for collection, the Bank is also entitled to collect all costs, expenses and attorneys' fees which the Bank incurs during the course of collecting the indebtedness that is owed to the Bank under the Loan Documents. Interest will continue to accrue on the unpaid principal balance that is owed to the Bank under the Loan Documents at the default rate of interest provided for there under, until all indebtedness that is owed to the Bank under the Loan Documents has been paid in full. By way of this letter, the Bank demands that the Obligors immediately tender payment to the Bank of all indebtedness that is owed to the Bank under the Loan Documents, in immediately available funds. Said payment should be in the form of a certified check made payable to Sovereign Bank and should be tendered to Sovereign Bank 924 Eaton Avenue, Bethlehem, PA 18018 Attn: Kevin R. Cornwall, Senior Vice President. If the Bank does not immediately receive payment of all indebtedness that is owed to the Bank under the Loan Documents, in immediately available funds, the Bank, immediately thereafter, may proceed with enforcement of its various rights, remedies and recourse under the Loan Documents, applicable law and otherwise including, without limitation, obtaining judgments against the Obligors and foreclosing on the Real Property. Nothing contained in this letter, nor any action or inaction on the part of the Bank, shall constitute an election of remedies or an agreement to forbear on the part of the Bank, nor shall anything contained herein or any action or inaction on the part of the Bank constitute a waiver of the matured status of the Loan, a waiver of any defaults existing under the Loan Documents or a waiver of any of the Bank's rights, remedies or recourse under the Loan Documents, applicable law or otherwise. Furthermore, the acceptance of payments by the Bank under or in connection with the Loan, whether before or after the date of this letter, shall not constitute an election of remedies or an agreement to forbear on the part of the Bank, nor shall the Bank's acceptance of GEBHARDT & SMITH LLP To the Parties Addressed March 6, 2009 Page 3 such payments constitute a waiver of the matured status of the Loan, a waiver of any defaults existing under the L- oar- Documents-or-a waiver-of any of the Bank's rights.; remedies-or--recourse - under the Loan Documents, applicable law or otherwise. The Bank, by way of this letter, specifically reserves all of its rights, remedies and recourse under the Loan Documents, applicable law or otherwise. Very truly yours, Michael D. Nord MDN/ss cc: Kevin R. Cornwall, Senior Vice President GEBHARDT & SMITH LLP SCHEDULE 1 Principal: $ 755,073.93 _ __ Interest_(as_of.2/2S/_09?._ - _$ _20,789.46.... __. (per diem = $61.02) Late Fees: $ 970.84 Other Fees: $ 3,720.00 Total Principal, Interest, Late Charge and Other Fees Balance as of 2/25/09: $ 780,554.23 ?r.i ? r r C r Tt'r I' :..? VARY Z t Z i 26 i R?.Y r A ..1 J;?Iso 4* ao- y';?J.1-1/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK 924 Eaton Avenue Bethlehem, Pennsylvania 18018, * * Plaintiff V. RCP&P,LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 * Civil Action - Confessed Judgment * * Case No.:'? * * * * * * * * * * * * * * NON-MILITARY SERVICE AFFIDAVIT DEAR CLERK: I, Kevin R. Cornwall, declare under the penalties of perjury, that the following statements are true, accurate and correct to the best of my knowledge, information and belief: 1. I am a Senior Vice President for the Plaintiff, Sovereign Bank. 2. RCP&P, LLC, the Defendant in the above-captioned action: (a) is not in the military service of the United States of America; (b) is not in the military service of any nation allied with the United States of America; (c) has not been ordered to report for induction under the Selective Training and Service Action of 1940, as amended; and (d) is not a member of the enlisted reserve corps who has been ordered to report for military service. I base this assertion upon the fact that the Defendant is a limited liability company. 3. The last known address of the Defendant, RCP&P, LLC is: 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 2 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) . ) CITY/COUNTY OF TO WIT: I HEREBY CERTIFY that, on this day of August, 2009, before me, the undersigned Notary Public of the jurisdiction aforesaid, personally appeared Kevin R. Cornwall, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and declared and acknowledged under oath, subject to the penalties of perjury, that the matters set forth herein are true, accurate and complete to the best of his knowledge, information and belief. IN WITNESS, my hand and notarial seal. NOTARY PUBLIC My commission expires: VC COMMONWEALTH OF PENNSYLVANIA NOWW Seal Lisa A. Schaller, Notary Public City Of Bethlehem, Lehigh County My Cornn*sion Expires Dec. 5, 2010 Member, Pennsylvania Association of Notaries FILE- OF THEE UG -6 ?'f 2009 A j h Cry If S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK 924 Eaton Avenue Bethlehem, Pennsylvania 18018, * * * Plaintiff V. RCP&P,LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 * * * * * * * Civil Action - Confessed Judgment * * Case No.: ? g?af 6y * * * * * * * * AFFIDAVIT PURSUANT TO RULE 3129.1 Sovereign Bank, Plaintiff in the above action, sets forth, as of the date of the Praecipe for the writ of execution was filed, the following information concerning the real property generally known as the "Manor at Westport", northern end of Manor Drive, Township of Lower Allen, Pennsylvania.. Property is more particularly described in Exhibit "A" attached hereto 1. Name and address of owner(s) or reputed owner(s): RCP&P,LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 2. Name and address of the Defendant in the judgment: RCP&P,LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: H B Mcclure 600 South 17th Street Harrisburg, Pennsylvania 4. Name and address of the last recorded holder of every mortgage of record: Manufacturers & Traders Trust Company 1330 11th Avenue Altoona, PA 16601 Attn: Keith P. Mangan, Vice President 5. Name and address of every other person who has any record lien on the property: NA 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: John H. Myers & Son, Inc., 217 E. Maple Street, Dallastown, Pennsylvania 17313 R&L Drywall & Paint Partnership, 9319 Baltimore National Pike, Ellicot City, Maryland 21042 Mid-Atlantic Materials, Inc., 6813 Quad Avenue, Baltimore, Maryland 21237 7. Name and address of every other person of whom the Plaintiff has knowledge that has any interest in the property which may be affected by the sale: 2 Altieri Enterprises, Inc. 9017 Red Branch Road, Suite 201 Columbia, Maryland 21045 Daren B. Altieri 1813 Morning Walk Drive Catonsville, Maryland 21228 Greig G. Altieri 1815 Morning Walk Drive Catonsville, Maryland 21228 3 I verify that the statements made in this 3129.1 Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties in 18 Pa.C.S. § 4904 relating to unknown falsification to authorities. Date: v os Z ?`. Z SOVEREIGN BANK By: / Name: Kevin Cornwall Title: Senior Vice President EXHIBIT A ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being shown on survey prepared by James C. Hockenberry, P.L.S. dated September 15, 2003 and more particularly bounded and described as follows, to wit: BEGINNING at a terminus point on the Western right-of-way line of existing Manor Drive and crossing Manor Drive in a Northeast direction North 55 degrees 06 minutes, 00 seconds East a distance of 75.00 feet to a point on the Eastern right-of-way line of Manor Drive; THENCE along existing Lots #12, #15 and #6A of Westport of the following courses and distances: 1) South 82 degrees, 58 minutes, 53 seconds East, a distance of 1,048.76 feet a point; 2) THENCE, North 73 degrees 34 minutes, 21 seconds East a distance of 120.00 feet to a point; 3) THENCE, South 14 degrees 11 minutes 37 seconds East a distance of 779.21 feet to a point; thence along lands of others South 53 degrees, 39 minutes, 30 seconds West a distance of 230.37 feet to a point on the Northern right-of-way line of Pennsylvania Turnpike; THENCE along the Northern right-of-way line of the Pennsylvania Turnpike along an arc of a curve curving to the left having a radius of 2,391.83 feet and an arc length of 548.41 feet to a point; thence along lands now or formerly of Richard and Linda Hammon the following courses and distances: 1) North 44 degrees 02 minutes 01 seconds West a distance of 90.46 feet to a point; 2) THENCE North 34 degrees, 40 minutes 55 seconds West a distance of 1,077.25 feet to a point on the Western right- of-way line of the existing terminus of "Manor Drive", the point of beginning. Containing 20.51 acres. UNDER and subject to any easements of public record. The improvements thereon begin known as 20.33 acres Manor at Westport. Parcel ID. No. 13-10-0256-005 Save and Excepting 4502 Woods Way, Parcel ID 13-10-0256-062 4538 Woods Way, Parcel ID 13-10-0256-071 4550 Woods Way, Parcel ID 13-10-0256-074 4589 Manor Drive, Parcel ID 13-10-0256-047 4549 Manor Drive, Parcel ID 13-10-0256-057 4521 Woods Way, Parcel ID 13-10-0256-082 4537 Woods Way, Parcel ID 13-10-0256-085 Parcel ID 13-10-0256-077 4534 Woods Way, Parcel ID 13-10-0256-070 4510 Woods Way, Parcel ID 13-10-0256-064 4526 Woods Way, Parcel ID 13-10-0256-068 4564 Manor Drive, Parcel ID 13-10-0256-081 Parcel ID 13-10-0256-075 4597 Manor Drive, Parcel ID 13-10-0256-005 4530 Woods Way, Parcel ID 13-10-0256-069 4542 Woods Way, Parcel ID 13-10-0256-072 4546 Woods Way, Parcel ID 13-10-0256-073 4525 Woods Way, Parcel ID 13-10-0256-083 4576 Manor Drive, Parcel ID 13-10-0256-079 4593 Manor Drive, Parcel ID 13-10-0256-046 Lot 34 tj '' +"? ? "r?r{ S 07 THE , THE 2009 AUG 26 Ph 2' '54 jP` ?• y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK 924 Eaton Avenue Bethlehem, Pennsylvania 18018, * Plaintiff * Civil Action - Confessed Judgment V. * RCP&P,LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 * Case No.: * * * * * * * * * * * * * * NOTICE UNDER RULE 3129.2 OF SALE OF REAL PROPERTY To: RCP&P, LLC The Real Property generally known as The Real Property owned by RCP&P, LLC and generally known as The Manor at Westport located at the northern end of Manor Drive, Lower Allen Township, Cumberland County, District 13, Map 10-0256, Tax Id 13-10-0256-005 and more particularly described on Exhibit A attached hereto and incorporated by reference herein. is scheduled to be sold at Sheriff's Sale on December 9, 2009 at 10:00 a.m. at One Courthouse Square, Carlisle, Pennsylvania 7 17103 to enforce the Court Judgment against RCP&P, LLC in the amount of $865,597.39. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. 1. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 2 Michael D. Nord, Esquire PA Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 (410) 385-5072 Counsel for the Plaintiff 3 EXHIBIT A ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being shown on survey prepared by James C. Hockenberry, P.L.S. dated September 15, 2003 and more particularly bounded and described as follows, to wit: BEGINNING at a terminus point on the Western right-of-way line of existing Manor Drive and crossing Manor Drive in a Northeast direction North 55 degrees 06 minutes, 00 seconds East a distance of 75.00 feet to a point on the Eastern right-of-way line of Manor Drive; THENCE along existing Lots #12, #15 and #6A of Westport of the following courses and distances: 1) South 82 degrees, 58 minutes, 53 seconds East, a distance of 1,048.76 feet a point; 2) THENCE, North 73 degrees 34 minutes, 21 seconds East a distance of 120.00 feet to a point; 3) THENCE, South 14 degrees 11 minutes 37 seconds East a distance of 779.21 feet to a point; thence along lands of others South 53 degrees, 39 minutes, 30 seconds West a distance of 230.37 feet to a point on the Northern right-of-way line of Pennsylvania Turnpike; THENCE along the Northern right-of-way line of the Pennsylvania Turnpike along an arc of a curve curving to the left having a radius of 2,391.83 feet and an arc length of 548.41 feet to a point; thence along lands now or formerly of Richard and Linda Hammon the following courses and distances: 1) North 44 degrees 02 minutes 01 seconds West a distance of 90.46 feet to a point; 2) THENCE North 34 degrees, 40 minutes 55 seconds West a distance of 1,077.25 feet to a point on the Western right- of-way line of the existing terminus of "Manor Drive", the point of beginning. Containing 20.51 acres. UNDER and subject to any easements of public record. The improvements thereon begin known as 20.33 acres Manor at Westport. Parcel ID. No. 13-10-0256-005 Save and Excepting 4502 Woods Way, Parcel ID 13-10-0256-062 4538 Woods Way, Parcel ID 13-10-0256-071 4550 Woods Way, Parcel ID 13-10-0256-074 4589 Manor Drive, Parcel ID 13-10-0256-047 4549 Manor Drive, Parcel ID 13-10-0256-057 4521 Woods Way, Parcel ID 13-10-0256-082 4537 Woods Way, Parcel ID 13-10-0256-085 Parcel ID 13-10-0256-077 4534 Woods Way, Parcel ID 13-10-0256-070 4510 Woods Way, Parcel ID 13-10-0256-064 4526 Woods Way, Parcel ID 13-10-0256-068 4564 Manor Drive, Parcel ID 13-10-0256-081 Parcel ID 13-10-0256-075 4597 Manor Drive, Parcel ID 13-10-0256-005 4530 Woods Way, Parcel ID 13-10-0256-069 4542 Woods Way, Parcel ID 13-10-0256-072 4546 Woods Way, Parcel ID 13-10-0256-073 4525 Woods Way, Parcel ID 13-10-0256-083 4576 Manor Drive, Parcel ID 13-10-0256-079 4593 Manor Drive, Parcel ID 13-10-0256-046 Lot 34 OF THE PI-:`--.! 1AQy 20rj 9 AUG'4'6 P i 2. '1-- 4 CUiv p E: r ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK 924 Eaton Avenue Bethlehem, Pennsylvania 18018, * Plaintiff * Civil Action - Confessed Judgment V. * RCP&P,LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 * Case No.: * * * * * * * * * * * * * * NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights To: RCP&P, LLC A judgment in the amount of $865,597.39 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Court has issued a Writ of Execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for December 9, 2009 at 10:00 a.m. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 L?A D 1,NJo,1 - Michael D. Nord, Esquire PA Bar No.: 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 (410) 385-5072 Counsel for the Plaintiff 2 RLLL I f1Y ? .. OF THE 2009 AUG 26 i'H c: 54 CU ""'N I Y PElo`f?? JYi 1rL"v!:A EXHIBIT A ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being shown on survey prepared by James C. Hockenberry, P.L.S. dated September 15, 2003 and more particularly bounded and described as follows, to wit: BEGINNING at a terminus point on the Western right-of-way line of existing Manor Drive and crossing Manor Drive in a Northeast direction North 55 degrees 06 minutes, 00 seconds East a distance of 75.00 feet to a point on the Eastern right-of-way line of Manor Drive; THENCE along existing Lots #12, #15 and #6A of Westport of the following courses and distances: 1) South 82 degrees, 58 minutes, 53 seconds East, a distance of 1,048.76 feet a point; 2) THENCE, North 73 degrees 34 minutes, 21 seconds East a distance of 120.00 feet to a point; 3) THENCE, South 14 degrees 11 minutes 37 seconds East a distance of 779.21 feet to a point; thence along lands of others South 53 degrees, 39 minutes, 30 seconds West a distance of 230.37 feet to a point on the Northern right-of-way line of Pennsylvania Turnpike; THENCE along the Northern right-of-way line of the Pennsylvania Turnpike along an arc of a curve curving to the left having a radius of 2,391.83 feet and an arc length of 548.41 feet to a point; thence along lands now or formerly of Richard and Linda Hammon the following courses and distances: 1) North 44 degrees 02 minutes 01 seconds West a distance of 90.46 feet to a point; 2) THENCE North 34 degrees, 40 minutes 55 seconds West a distance of 1,077.25 feet to a point on the Western right- of-way line of the existing terminus of "Manor Drive", the point of beginning. Containing 20.51 acres. UNDER and subject to any easements of public record. The improvements thereon begin known as 20.33 acres Manor at Westport. Parcel ID. No. 13-10-0256-005 Save and Excepting 4502 Woods Way, Parcel ID 13-10-0256-062 4538 Woods Way, Parcel ID 13-10-0256-071 4550 Woods Way, Parcel ID 13-10-0256-074 4589 Manor Drive, Parcel ID 13-10-0256-047 4549 Manor Drive, Parcel ID 13-10-0256-057 4521 Woods Way, Parcel ID 13-10-0256-082 4537 Woods Way, Parcel ID 13-10-0256-085 Parcel ID 13-10-0256-077 4534 Woods Way, Parcel ID 13-10-0256-070 4510 Woods Way, Parcel ID 13-10-0256-064 4526 Woods Way, Parcel ID 13-10-0256-068 4564 Manor Drive, Parcel ID 13-10-0256-081 Parcel ID 13-10-0256-075 4597 Manor Drive, Parcel ID 13-10-0256-005 4530 Woods Way, Parcel ID 13-10-0256-069 4542 Woods Way, Parcel ID 13-10-0256-072 4546 Woods Way, Parcel ID 13-10-0256-073 4525 Woods Way, Parcel ID 13-10-0256-083 4576 Manor Drive, Parcel ID 13-10-0256-079 4593 Manor Drive, Parcel ID 13-10-0256-046 Lot 34 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-5869 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Sovereign Bank 924 Eaton Avenue Bethlehem, Pennsylvania 18018 Plaintiff (s) From RCP&P, LLC 5053 Ritter Road, Suite 200 Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $755,073.93 1,13.50 Interest (as of 8/26/09) (per diem = 61.02) $31,833.46 Atty's Comm10 %of $786,907.39 $78,690.00 Due Prothy $2.00 Atty Paid $54.00 Plaintiff Paid Other Costs Date: August 26, 2009 (Seal) REQUESTING PARTY: Name Michael D. Nord, Esq. Gebhardt & Smith LLP Address: One South Street, Suite 2200 Baltimore, Maryland 21202-3281 Attorney for: Plaintiff is R. Lon not By: Deputy Telephone: (410) 385-5072 Supreme Court ID No. 52486 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK Plaintiff, V. RCP&P,LLC Defendant. * * Civil Action - Confessed Judgment * * Case No.: Aw? '©,?"R6^9 * * * * * * * * * * * * * * PRAECIPE TO THE PROTHONOTARY: Sovereign Bank, Plaintiff, has assigned its Judgment in this case to Triple Crown Corporation, Inc., a Pennsylvania corporation, in accordance with the terms of a Loan Sale Agreement dated October 6, 2009 by and between the Plaintiff and Triple Crown Corporation, Inc. Please mark the Judgment in this case to the use of Triple Crown Corporation, Inc., as Plaintiff and successor by assignment to Sovereign Bank. Dated -t o 1 u. I oc, MNordYsqu`ire Pa Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 (410) 385-5072 Counsel for Sovereign Bank RLED--DF,R?E F TNT ` l l - 5 `"!'?TAY 2009OCT 28 PH 2: 49 cuv= - t N , rjt a , 48. oo P A f-TT-1 CK `9 13.1 a,,3aC?gs Steven J. Schiffman, Esquire Pa. Supreme Court ID No. 25488 sschiffmannssbc-law.com Merritt C. Reitzel, Esquire Pa. Supreme Court ID No. 92069 mreitzel@ssbc-law.com Serratelli, Schiffinan, Brown and Calhoon, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff/Creditor SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - CONFESSED JUDGMENT RCP&P LLC, , Defendant : CASE NO. 2009-05869 PRAECIPE Please enter the appearance of Steven J. Schiffman, Esquire and Merritt C. Reitzel, Esquire, as attorneys for Triple Crown Corporation Inc. in the above-captioned matter. Dated: Steven J C? Dated: 411_(? tt C. Reitzel, Esquire FILED-OffiCE OF THE RP,)i ?n"<?3TARY 2009OCT 28 PFI 2: 49 C?AriL; :.t N T) Steven J. Schiffman, Esquire Pa. Supreme Court ID No. 25488 Merritt C. Reitzel, Esquire Pa. Supreme Court ID No. 92069 SERRATELLI, SCHIFFMAN, BROWN AND CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, Pennsylvania 17110 (717) 540-9170 Attorney For Sovereign Bank's Assignee, Triple Crown Corporation, Inc. SOVEREIGN BANK, Plaintiff V. RCP&P LLC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : No. 2009-05869 Notice Under Rule 2958.2 of Judgment and Execution Thereon CONFESSED JUDGMENT To: RCP&P, LLC 5053 Ritter Road, Suite 200 Mechanicsburg, PA 17055 A judgment in the amount of $865,597.39 has been entered against you and in favor of the Plaintiff without prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The Sheriff's sale has been scheduled for December 9, 2009. You may have legal rights to defeat the judgment or prevent or delay the sheriffs sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, WHICH CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Merritt C. Reitzel, Esq fire 2080 Linglestown Roa Suit 201 Harrisburg, Pennsylvani 0 (717) 540-9170 Attorney For Sovereign Bank's Assignee, Triple Crown Corporation, Inc. L L U 3' N, .z l 2 F 1 2::-e ;,, Steven J. Schiffman, Esquire Pa. Supreme Court ID No. 25488 Merritt C. Reitzel, Esquire Pa. Supreme Court ID No. 92069 SERRATELLI, SCHIFFMAN, BROWN AND CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, Pennsylvania 17110 (717) 540-9170 (717) 540-5481 SOVEREIGN BANK, Plaintiff V. RCP&P LLC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : No. 2009-05869 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO Pa R.C.P. 3129.1 TAKE NOTICE that the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 9, 2009 TIME: 10:00 a.m. LOCATION: CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property as follows: See Exhibit "A" attached hereto THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and county to: 2009-CV-5869 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: RCP&P, LLC A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County 30 days after the sale and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within 10 days of the date it is filed. Information about the Schedule of Distribution may be obtained ftom the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD, OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE: 1. You may file a petition with the Court to open the judgment if you have a meritorious defense against the judgment that has been entered against you. You may also file a petition with the court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE BILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition raising the legal issues or rights mentioned above must be presented to the Court, and must be served on the attorney for the creditor or the creditor itself before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Civil Division, of Cumberland County, before a presentation to the Court. SHERIFF'S OFFICE EXHIBIT A ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being shown on survey prepared by James C. Hockenberry, P.L.S. dated September 15, 2003 and more particularly bounded and described as follows, to wit: BEGINNING at a terminus point on the Westem right-of-way line of existing Manor Drive and crossing Manor Drive in a Northeast direction North 55 degrees 06 minutes, 00 seconds East a distance of 75.00 feet to a point on the Eastern right-of-way line of Manor Drive; THENCE along existing Lots #12, #15 and #6A of Westport of the following courses and distances: 1) South 82 degrees, 58 minutes, 53 seconds East, a distance of 1,048.76 feet a point; 2) THENCE, North 73 degrees 34 minutes, 21 seconds East a distance of 120.00 feet to a point; 3) THENCE, South 14 degrees 11 minutes 37 seconds East a distance of 779.21 feet to a point; thence along lands of others South 53 degrees, 39 minutes, 30 seconds West a distance of 230.37 feet to a point on the Northern right-of-way line of Pennsylvania Turnpike; THENCE along the Northern right-of-way line of the Pennsylvania Turnpike along an arc of a curve curving to the left having a radius of 2,391.83 feet and an arc length of 548.41 feet to a point; thence along lands now or formerly of Richard and Linda Hammon the following courses and distances: 1) North 44 degrees 02 minutes 01 seconds West a distance of 90.46 feet to a point; 2) THENCE North 34 degrees, 40 minutes 55 seconds West a distance of 1,077.25 feet to a point on the Western right- of-way line of the existing terminus of "Manor Drive", the point of beginning. Containing 20.51 acres. UNDER and subject to any easements of public record. The improvements thereon begin known as 20.33 acres Manor at Westport. Parcel ID. No. 13-10-0256-005 Save and Excepting 4502 Woods Way, Parcel ID 13-10-0256-062 4538 Woods Way, Parcel ID 13-10-0256-071 4550 Woods Way, Parcel ID 13-10-0256-074 4589 Manor Drive, Parcel ID 13-10-0256-047 4549 Manor Drive, Parcel ID 13-10-0256-057 4521 Woods Way, Parcel ID 13-10-0256-082 4537 Woods Way, Parcel ID 13-10-0256-085 Parcel ID 13-10-0256-077 4534 Woods Way, Parcel ID 13-10-0256-070 4510 Woods Way, Parcel ID 13-10-0256-064 4526 Woods Way, Parcel ID 13-10-0256-068 4564 Manor Drive, Parcel ID 13-10-0256-081 Parcel ID 13-10-0256-075 4597 Manor Drive, Parcel ID 13-10-0256-005 4530 Woods Way, Parcel ID 13-10-0256-069 4542 Woods Way, Parcel ID 13-10-0256-072 4546 Woods Way, Parcel ID 13-10-0256-073 4525 Woods Way, Parcel ID 13-10-0256-083 4576 Manor Drive, Parcel ID 13-10-0256--079 4593 Manor Drive, Parcel ID 13-10-0256-046 Lot 34 Being the following tax parcel numbers: 13-10-0256-048 13-10-0256-049 13-10-0256-050 13-10-0256-051 13-10-0256-052 13-10-0256-053 13-10-0256-054 13-10-0256-055 13-10-0256-056 13-10-0256-058 13-10-0256-059 13-10-0256-060 13-10-0256-064 13-10-0256-065 13-10-0256-066 13-10-0256-067 13-10-0256-076 13-10-0256-080 13-10-0256-084 13-10-0256-086 LuL, Jr P" :2: : ?4 Steven J. Schiffman, Esquire Pa. Supreme Court ID No. 25488 sschiffinan@ssbc-law.com Merritt C. Reitzel, Esquire Pa. Supreme Court ID No. 92069 mreitzel@ssbc-law.com Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff/Creditor SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION RCP&P LLC, Defendant : No. 2009-05869 AFFIDAVIT PURSUANT TO RULE 3129.1 I, Merritt C. Reitzel, Esquire, attorney for Triple Crown Corporation, Inc., assignee of the judgment in this matter under the Loan Sale Agreement dated October 6, 2009 by and between Plaintiff Sovereign Bank and Triple Crown Corporation, Inc., set forth the following information concerning the following tract of real property located in Lower Allen Township, Cumberland County, Pennsylvania: See Exhibit "A" attached hereto Name and address of owner(s) or reputed owner(s): RCP&P, LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 2. Name and address of the Defendant in the judgment: RCP&P,LLC 5053 Ritter Road, Suite 200 Mechanicsburg, Pennsylvania 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Mid-Atlantic Materials, Inc. 6813 Quad Avenue Baltimore, MD 21237 Mid-Atlantic Materials, Inc. c/o Larry Miller, Esq. 1423 State Road Duncannon, PA 17020 Sovereign Bank 924 Eaton Avenue Bethlehem, PA 18018 4. Name and address of the last recorded holder of every mortgage of record: Sovereign Bank 924 Eaton Avenue Bethlehem, PA 18018 5. Name and address of every other person who has any record lien on the property: n/a 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: John H. Myers & Sons, Inc. 2200 Monroe Street York, Pennsylvania John H. Myers & Sons, Inc c/o Jeffrey Lobach, Esq. 126 East King Street Lancaster, PA 17602 2 R&L Drywall & Paint Partnership 9319 Baltimore National Pike Elicott City, MD 21042 R&L Drywall & Paint Partnership c/o Larry L. Miller, Esq. 1423 State Road Duncannon, PA 17020 7. Name and address of every other person of whom the Plaintiff has knowledge that has any interest in the property which may be affected by the sale: Mackley, Inc. 6 West Market Street Hellam, PA 17406 Rees Griffiths, Esq. 135 North George Street York, PA 17401 Builder Services Group, Inc. American Baltimore Homes Insulation 2312 Eskow Avenue Baltimore, MD 21227 Evan Pappas, Esq. SHUMAKER WILLIAMS, P.C. PO Box 88 Harrisburg, PA 17108 Lezzer Holdings, Inc. 332 Schofield Street Curwensville, PA 16833 Elizabeth Dupuis, Esq. 328 Innovation Blvd, Suite 200 State College, PA 16803 84 Lumber Co. 1019 Route 519, Bldg. #2 Eighty Four, PA 15330 3 Scott A. Phillips, Phillips Masonry c/o John M. Ogden, Esq. 34 North Queen Street York, PA 17403 Ritner Steel, Inc. 131 Stover Drive Carlisle, PA 17015 Ritner Steel, Inc. c/o Anthony W. Parker, Esq. KELLY, PARKER & COHEN LLP 300 North Second Street, 10th Floor Harrisburg, PA 17101 Biscon Land Surveying Co, Inc. c/o Jeffrey C. Clark, Esq. 508 North Second Street Harrisburg, PA 17108-0845 Paul W. Minnich, Esq. 100 East Market Street PO Box 15012 York, PA 17405-7012 Gary & Michelle Stover 311 Liberty Court Mechanicsburg, PA 17050 Ronald L. Finck, Esq. 3401 North Front Street PO Box 5950 Harrisburg, PA 17110 Altieri Enterprises, Inc. 9017 Red Branch Road, Suite 105 Columbia, MD 21045 Daren B. Altieri 15301 Farm View Court Woodbine, MD 21797 4 Greig G. Altieri 15255 Ridge Hunt Drive Woodbine, MD 21797 Frank D. Altieri 2904 Summer Hill Drive West Friendship, MD 21794 H B Mcclure 600 South 17th Street Harrisburg, Pennsylvania Tom York, Esq. York Legal Group 3511 North Front Street Harrisburg, PA 17110 Louis Puliti, President RCP&P,LLC 3425 Market Street Camp Hill, PA 17011 Wachovia Bank, N.A. c/o Derek J. Baker, Esq. REED SMITH LLP 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Dept of Public Welfare PO Box 2675 Harrisburg, PA 17105 Cumberland County Domestic Relations Office PO Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania Inheritance Tax Office 1400 Spring Garden St. Philadelphia, PA 19130 PA Dept of Revenue Inheritance Tax Division 6th Floor, Strawberry Square Dept # 280601 Harrisburg, PA 17128 PA Dept of Public Welfare Estate Recovery Program Willow Oak Building, PO Box 8486 Harrisburg, PA 17105-8486 IRS-Technical Support Green Federal Building Room 3259, 600 Arch St. Philadelphia, PA 19106 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsown falsification to authorities. a 'I Dale Attorney for Triple Crown Inc. 6 EXHIBIT A ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being shown on survey prepared by James C. Hockenberry, P.L.S. dated September 15, 2003 and more particularly bounded and described as follows, to wit: BEGINNING at a terminus point on the Western right-of-way line of existing Manor Drive and crossing Manor Drive in a Northeast direction North 55 degrees 06 minutes, 00 seconds East a distance of 75.00 feet to a point on the Eastern right-of-way line of Manor Drive; THENCE along existing Lots #12, #15 and #6A of Westport of the following courses and distances: 1) South 82 degrees, 58 minutes, 53 seconds East, a distance of 1,048.76 feet a point; 2) THENCE, North 73 degrees 34 minutes, 21 seconds East a distance of 120.00 feet to a point; 3) THENCE, South 14 degrees 11 minutes 37 seconds East a distance of 779.21 feet to a point; thence along lands of others South 53 degrees, 39 minutes, 30 seconds West a distance of 230.37 feet to a point on the Northern right-of-way line of Pennsylvania Turnpike; THENCE along the Northern right-of-way line of the Pennsylvania Turnpike along an arc of a curve curving to the left having a radius of 2,391.83 feet and an arc length of 548.41 feet to a point; thence along lands now or formerly of Richard and Linda Hammon the following courses and distances: 1) North 44 degrees 02 minutes 01 seconds West a distance of 90.46 feet to a point; 2) THENCE North 34 degrees, 40 minutes 55 seconds West a distance of 1,077.25 feet to a point on the Western right- of-way line of the existing terminus of "Manor Drive", the point of beginning. Containing 20.51 acres. UNDER and subject to any easements of public record. The improvements thereon begin known as 20.33 acres Manor at Westport. Parcel ID. No. 13-10-0256-005 Save and Excepting 4502 Woods Way, Parcel ID 13-10-0256-062 4538 Woods Way, Parcel ID 13-10-0256-071 4550 Woods Way, Parcel ID 13-10-0256-074 4589 Manor Drive, Parcel ID 13-10-0256-047 4549 Manor Drive, Parcel ID 13-10-0256-057 4521 Woods Way, Parcel ID 13-10-0256-082 4537 Woods Way, Parcel ID 13-10-0256-085 Parcel ID 13-10-0256-077 4534 Woods Way, Parcel ID 13-10-0256-070 4510 Woods Way, Parcel ID 13-10-0256-064 4526 Woods Way, Parcel ID 13-10-0256-068 4564kManor Drive, Parcel ID 13-10-0256-081 Parcel ID 13-10-0256-075 4597 Manor Drive, Parcel ID 13-10-0256-005 4530 Woods Way, Parcel ID 13-10-0256-069 4542 Woods Way, Parcel ID 13-10-0256-072 4546 Woods Way, Parcel ID 13-10-0256-073 4525 Woods Way, Parcel ID 13-10-0256-083 4576 Manor Drive, Parcel ID 13-10-0256-079 4593 Manor Drive, Parcel ID 13-10-0256-046 Lot 34 Being the following tact parcel numbers: 13-10-0256-048 13-10-0256-049 13-10-0256-050 13-10-0256-051 13-10-0256-052 13-10-0256-053 13-10-0256-054 13-10-0256-055 13-10-0256-056 13-10-0256-058 13-10-0256-059 13-10-0256-060 13-10-0256-064 13-10-0256-065 13-10-0256-066 13-10-0256-067 13-10-0256-076 13-10-0256-080 13-10-0256-084 13-10-0256-086 L?_..,?. ?? Ira{ G.' .1J Steven J. Schiffinan, Esquire Pa. Supreme Court ID No. 25488 Merritt C. Reitzel, Esquire Pa. Supreme Court ID No. 92069 SERRATELLI, SCHIFFMAN, BROWN AND CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, Pennsylvania 17110 (717) 540-9170 (717) 540-5481 SOVEREIGN BANK, Plaintiff V. RCP&P LLC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. 2009-05869 PLAINTIFF'S MOTION TO AMEND CAPTION 1. Plaintiff's Complaint in Confession of Judgment in this matter was filed with this Court on August 26, 2009 under the caption as set forth above, and judgment was entered against Defendant and in favor of Plaintiff on the same date. 2. Plaintiff subsequently assigned its judgment in this matter to Triple Crown Corporation, Inc. via the execution of two Assignments of Open End Construction Mortgage, which were filed of record with the Recorder of Deeds in and for Cumberland County on October 26, 2009 as Instrument Nos. 200936355 and 200936356. 3. Plaintiff's assignment of the judgment in this matter is further reflected by the Praecipe filed in this matter on October 28, 2009, wherein Plaintiff requested that the judgment in this matter be marked to the use of Triple Crown Corporation, Inc. as Plaintiff's assignee. A true and correct copy of Plaintiff's Praecipe is attached hereto as Exhibit A. 4. In accordance with Pa.R.C.P. 1033 and Pa.R.C.P. 2004, Triple Crown Corporation, Inc. seeks to amend the caption in this case to reflect the above-referenced assignment. 5. Defendant will not suffer any prejudice should the Court grant the requested relief. WHEREFORE, Plaintiff respectfully requests that this honorable Court grant its Motion to Amend Caption and issue an order amending the caption in this matter to reflect Plaintiff's assignment of the judgment in this matter to Triple Crown Corporation, Inc. Respectfully submitted, S TELLI, SCHIFFMA , t- I BROWN, & CAL O N P Merritt C. Reitz6l, F Attorney ID #92069 Steven J. Schiffman, Attorney ID #25488 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Phone: (717) 540-9170 Fax: (717) 540-5481 Date: November, 2009 Attorneys for Triple Crown Corporation, Inc VERIFICATION I, Mark X. DiSanto, do hereby state, under penalty of 18 P.S. § 4904 relating to unsworn falsification to authorities, that I am the CEO of Triple Crown Corporation, Inc. and that I am authorized to give this verification on its behalf, and that the averments set forth in the foregoing complaint are true and correct to the best of my knowledge, information, and belief. TRIPLE CROWN CORPO?4TION, By: Mark X. DiSanto, Date: I n 6 CERTIFICATE OF SERVICE I, Merritt C. Reitzel, Esquire, do hereby certify that on this .23? day of November, 2009, I served a true and correct copy of the foregoing Motion via U.S. Mail, postage prepaid, in the Post Office located in Harrisburg, Pennsylvania, to Defendants as follows: RCP&P,LLC 5053 Ritter Road, Suite 200 Mechanicsburg, PA 17055 Reitzel, Esquire r e Steven J. Schiffinan, Esquire Pa. Supreme Court ID No. 25488 Merritt C. Reitzel, Esquire Pa. Supreme Court ID No. 92069 SERRATELLI, SCHIFFMAN, BROWN AND CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, Pennsylvania 17110 (717) 540-9170 (717) 540-5481 SOVEREIGN BANK, Plaintiff v. RCP&P LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. 2009-05869 CERTIFICATE OF SERVICE I, Merritt C. Reitzel, Esquire, attorney for the Plaintiff in the within matter, hereby certify that the following documents were served upon Defendant RCP&P LLC on or about November 5, 2009: 1. Certified copy of Writ of Execution 2. Notice of entry of judgment pursuant to Rule 236 3. Notice Under Rule 2958.3 of Judgment and Execution Thereon 4. Confession of Judgment S. Complaint in Confession of Judgment 6. Notice Pursuant to 42 Pa.C.S. ~ 2737.1 7. .Notice of Sheriff's Sale of Real Estate~Pursuant to Pa. R. C.P. 3129.1 Substituted personal service of the foregoing documents was made by a competent adult in the manner prescribed by Pa.R.Civ.P 402(a) upon the following: Louis Puliti, President RCP&P, LLC 3425 Market Street Camp Hill, PA 17011 RCP&P, LLC c% Altieri Enterprises, Inc., Managing Member of RCP&P, LLC' c% Maryland State Dept. of Assessments and Taxation 301 West Preston Street, Rm. 801 Baltimore, MD 21201 f Service upon Defendant's foregoing agents is evidenced by the Proofs of Service attached hereto. Respectfully submitted, Date: November 23, 2009 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. Attorney ID #92069 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Phone: (717) 540-9170 Fax: (717) 540-5481 Attorneys for Plaintiff ' Service was made upon RCP&P, LLC via service upon its Managing Member, Altieri Enterprises, Inc., which entity was the signatory of the loan documents for the real estate being foreclosed upon. As Alfieri Enterprises, Inc. is an entity organized under the corporate laws of Maryland, and is in violation of that state's statutory provision requiring designation and maintenance of a resident agent, the Maryland State Dept of Assessments and Taxation is authorized to accept substituted service on Altieri Enterprises, Inc.'s behalf. See Md. Code, Corporations and Associations § 2-108; Maryland Rule of Procedure § 2-124. Steven J. Schiffman, Esq. Attorney ID #25488 PROOF OF SERVICE t DATE PLACE ~ ~ y ~- ~ ~-C, 5 _ SERVED ~.10~ ~ 2fpv-~ ~ +~(; ~ ~ , ~'~ ~ ~ ~ I °,~~ SERVED ON (PRINT NAME) MANNER OF SERVICE y~ ~~ber ~~ SERVED BY (PRINT NAME) TITLE Investigator Chad Ste hens DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information containted in the Proof Executed on: /y~y .~ ~ ~Ga DATE of Servci is true an correct. ,~,. NATURE OF SERVE P.O. Box 129, Marysville, PA 17053 ADDRESS OF SERVER Rule 45, Federal Rules of Civil Procedure, Parts C & D: (c) PROTECTION OF PERSONS SUBJECT TO SUBPOI?NAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall ffike reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behtdfofwltich the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this ditty an appropriate sanction which may include, but is not limited to, Iost earnings and reasonable attorney's fa. triat be commanded to travel from any such place within the state in which the trial is held, or (iii) requires disclosure ofprivileged or othex protected matter and to exception or xaiver applies, or (iv) subjects a person to undue burden. (2) (A) A perswt commanded to produce and permit inspection and copying of designated honks, papers, documents a tangible things, or inspection of premises need tat appear in person at the placeofprodnction or ittspecHon unless commanded to appear for deposition, hearing ar trial. (B) Subject m paragraph (d} (2) of this rule, a person commanded to produce and permic inspection and copying may, within l4 days other service of subpoena or before the time specified for compliance if such Nme is less than 14 days after service. serve upon the party or attontey designated in the subpoena written objection to iasltxtion or copying ofany or alt ofthe designated materials or of the promises. If objection is made, the party serving the subpoena shall not be eatided to inspect amt copy materials or inspect the premises except petrsuant to an order of the corm by which the subpoena was issued. If objection has been made, the patty serving the sttbpoeas may, upon notice to the person commanded. to produce, move at arty time far an order to crxrtpel the production. Such an Dreier to comply production shall protect any person who is not a patty or an officer of a party from significant expense restiltittg from the inspection and copying cotmmanded. (3} (A) On tiutety motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow teasottable time for annpliance, (ii) requites a person who is not a party of an officer of a patty to bevel to a place moro than 1(Kl miles from the place where that person resides, is employed or regularly transacts busihess in person, except they subject to the provisions of clause (c) (3) (B) (iii) of this rule, such a person tray in order to attettd [B) If a sttbpaena (i) requires disclosure of a trade secret ar outer confidential research, developrrrent, or rxxntnercial information, or (ii) Rgttins disclosure of an ttnreffiined expert's opinion or infomoation not describing specific events ar occturetrees in disptue and resulting from the expert's study made not at the request of any party, ar (iii) requires a person who is not a patty or an officer of a party to incur substantial expense to travel snore than 100 mites to attend trial, the court may, td protect a person subject to or affected by the subpoena, quash or modify the subpoena, a, if the party in who behalf the subpoena is issued shows a substantial need for the tes4mony or material that cannot. be otherwise met without undue hardshig and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court rosy order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA- (I } A person respondhtg to a subpoena to produce documents shall produce them as they are kept in the usual course of bn~itress or shall organize and label therm to correspond with the categories in the demand. (2) When ird'ormation subject to a subpoena is withheld on a claim that it is privileged or subject to protection. as trial preparation materials, the claim shall be made ertpressly and shall be supported by a description of the nature of the documents, communications, orthings not produced that is sufficient to enable the mmtndentanding party to contest the claim- r PROOF OF SERVICE DATE PLACE SERVED ~~~ J ~. ,L ~`1,~~ 3 ~ ~ ~,,, ~~~,~~o~ ~{ ~ ~-~ ~'t-~ ~ XERVED>ON PRINT N E (/`?mil C~)f9-r'l~ ~ ~ ~/ G~ ~ MANNER OF SERVICE j1 r_. . , i ~ f SERVED BY (PRINT NAME) TITLE Investigator Chad Ste hens DECL.ARATIOW OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information containted in the Proof Executed on: r'I U~ ~ ~ -~ ~ `'~"i r DATE of Serv ie is true and correct. I ~~~.. SIGNATURE OF SERVER P.O. Box 129, Marysville, PA 17053 ADDRESS OF SERVER Rule 45, Federal Rules of Civil Procedure, Parts C & D: (cj PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shat! take reasonable steps to avoid imposing undue burden a expense on a person subject to that subpoena. The court on behalf afwhich the subpoena was issued shall enforce this duty and impose upon the party or attomey in breech of this duty an appmpttiate sanction which may include, but is not limited to, lost earnings and neawaable attorney's fox. trial be comrnarrtted to travel from atry such place within the state in which the trial is held, or (iii) requires disclosureofprivilegedorotherprotectedmatterend oe exception a waiver applies, ar (iv) subjects a person to undue bttrden. (2) (Aj A person commanded to produce and permit inspection and copying of designated honks, papers, documents a tangible things, ar inspection of premises need not appear in person at the place ofproducaon or inspcetitm unless commanded to appear for deposirion, hearing or trial. (B) Subject to paragraph (d} (2} of this rule, a person commanded to produce and permit inspection and copying rosy, within 14 days after setvict of subpoena or before the time specified for compliance if such tithe is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying ofany ar all ofthe designated materials or of the premises. If objection is made, the party serving the subpoena shell not ba entitled to inspect and copy materials ar inspect the premises except pursttant to an order of the court by which the subpoena was issued. If objection has been made, the patty serving the subpoena may, upon notice to the person commanded to produce, move at nay time; for an order to compel the production. Such an order w comply production shaII protect arty person who is not a patty or an officer of a party Gom significant expense resulting from the inspection end copying cotmnanderL (3) (A) On time}y motion, the court by which a subpoena was issued shall quash ar modify the subpoena if it (i) fails to allow reasotmble time for iwrrtpliance, {ii) requites a person who is ant a party ar an officer of a party to travel to a place more than 1110 miles from the place where that person resides, is employed or regttlecly trttttsac6 business in person, except that, subject to the provisions of clause (c) (3) (B) (iii) of this mle, such a person may in coder to attetrd (B) Ifa snbpoeara (i) requires disclosnre of a trade secret a other confidential re`seatrJt, development, ar commercial infoirriation, or (ii) requires disclosure of an «nretained expert's opinion or itiftxroation not describing specific events ar occutrenc~ in d~pate and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a patty or an nicer of a party to incur substantial expense to travel most than 100 mites to attend hiat, t}tc court Wray, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or, if the party in who behalf the subpoena is issued shows a substantial aeexl for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena i< addressed will be reasonably rnmpensated, the court may order appearance or production only upon specified wnditions. (tl) DEITIES IN RESPONDING TO SUBPOENA. (I } A persori responding to a subpoena to produce documents shall produce them as they art kept in the usual coiuse of bt~iness or shall otganiu and cabal them to correspond with the categarics in the demand. (2) When irdormation subject to a subpoena is withheld on a claim that it is privileged ar subject to protection as trial preparation materials, the claim shall be made cxpressty and shall be supported by a description of the nettue of the documents, comtrntnications, or things not produced that is suftIcieni to enable the mmrndemanding parry to contest the claim. :,~~~ ~r~ i I-. J 2C~~ 1~~'~' ~0 ~r~ 3~ 2~ r ivf ~ ~.: a ~CI ~ti'dJ t ~~v~l ~~~a~