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HomeMy WebLinkAbout09-6114SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. - fi ! Ct U 1,1.c-? r y JAMES S. GARDNER aka J. SCOTT GARDNER, TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT (Loan # 10003006219 - April 13, 2007) Pursuant to the authority contained in the Note, as defined in the Complaint filed in the above captioned case and evidenced by Exhibits A to said Complaint, we appear for Defendants, James S. Gardner aka J. Scott Gardner, Timothy F. Straub and Calvin W. Williams, III, and confess judgment against them in favor of Plaintiff, Susquehanna Bank, as follows: Principal: $ 98,268.47 Accrued Interest: 2,151.92 Late Fees: 9,902.28 Attorney's Fees (10% commission): 10,042.03 Total: $120,364.70* *along with interest accruing at the current per diem rate of $10.23 until paid in full (the "Indebtedness") McNEES WALLACE & NURICK LLC Date: September 2, 2009 By Clayt W. D idson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson Amwn.com Attorneys for Plaintiff, Susquehanna Bank Clayton W. Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(d,mwn.com Attorneys for Plaintiff, Susquehanna Bank SUSQUEHANNA BANK, Plaintiff V. JAMES S. GARDNER aka J. SCOTT GARDNER, TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1- L I q C+.r-i Tu. CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT (Loan # 10003006219 - April 13, 2007) Plaintiff, Susquehanna Bank, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. Plaintiff, Susquehanna Bank, successor in interest by merger to Susquehanna Bank PA (the `Bank"), is a Pennsylvania banking institution doing business at 1570 Manheim Pike, Lancaster, Pennsylvania 17601. 2. Defendant, James S. Gardner aka J. Scott Gardner ("Gardner"), is an adult individual last known residing at 2712 Lisburn Road, apartment 304, Camp Hill, Pennsylvania 17011. 3. Defendant, Timothy F. Straub ("Straub"), is an adult individual last known residing at 2602 Market Street, Camp Hill, Pennsylvania 17011. 4. Defendant Calvin W. Williams, III ("Williams"), is an adult individual last known residing at 149 South Locust Point Road, Mechanicsburg, Pennsylvania 17055. 5. On April 13, 2007, the Bank loaned Gardner, Straub and Williams (collectively the "Defendants") the sum of $100,000.00 (the "Loan") for a business purpose as evidenced by a promissory note dated the same and an agreement to extend the term of the Loan dated April 30, 2008 (collectively the "Note"). Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note (less any applicable tax identification numbers). 6. The Defendants have defaulted under the Note by failing to make the payments when due thereunder. 7. There is no right to cure any payment defaults under the Note. 8. The Bank has accelerated the entire indebtedness due and owing regarding the Loan as a result of the payment defaults by the Defendants. 9. The Note, as well as applicable law, does not require the Bank to provide notice prior to accelerating the indebtedness thereunder and/or provide for any right to cure these payment defaults. 10. The Note provides that upon a default thereunder the Bank may confess judgment against the Defendants for the entire principal balance due and owing thereunder along with accrued interest, late fees, any and all amounts expended or advanced by the Bank relating to collateral securing the Loan, costs of suit and an attorney's commission of 10% of the unpaid principal balance and accrued interest due and owing. 11. The total sum due and owing under the Note as of August 1, 2009 is itemized as follows: Principal: $ 98,268.47 Accrued Interest: 2,151.92 Late Fees: 9,902.28 Attorney's Fees (10% commission): 10 042.03 Total: $120,364.70* *along with interest accruing at the current per diem rate of $10.23 until paid in full (the "Indebtedness"). 12 All conditions precedent have been satisfied to allow the Bank to confess judgment for the Indebtedness against the Defendants under the Note. 13. The Bank is the holder of the Note. 14. The Note was executed and delivered in connection with a business transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 15. Judgment has not been confessed or entered under the Note in any other jurisdiction. 16. The 10% attorney's fee commission included in the confessed judgment is authorized under the Note and said percentage is being used to calculate a sum certain for purposes of confessing judgment; however, the Bank will only seek and recover its actual and reasonable attorney's fees for costs of collection in this matter. WHEREFORE, Plaintiff, Susquehanna Bank, successor in interest by merger to Susquehanna Bank PA, hereby requests this Court to enter judgment by confession against Defendants, James S. Gardner aka J. Scott Gardner, Timothy F. Straub and Calvin W. Williams, III in the amount of $120,364.70 along with interest accruing at the per diem rate of $10.23 after August 1, 2009 until paid in full. Date: September 2, 2009 McNEES WALLACE & NURICK LLC By Clayton W Davidson PA Attorn y I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(d)mwn.com Attorneys for Plaintiff, Susquehanna Bank PROMISSORY NOTE ?r9rf>ripa #.aan ?aie MaturYiy ? Loan t?ko ?atf ititl .. ': kccount { urricaf.? .tnta?,?= i 1 # ( 13t3Ck 13?t.. t3 # ? .2L1D7 1Q .Q 1?ISFa` t9.,.....' 447&1 NEW References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing has been omitted due to text length limitations. Borrower: Timothy F. Straub, Calvin W. Williams III and James Lender: Susquehanna Bank PA S. Gardner aka J. Scott Gardner Manheim Pike Corporate Office 157 South 32nd Street 1570 Manheim Pike Camp Hill, PA 17011-5102 Lancaster, PA 17601 Principal Amount: $100,000.00 Initial Rate: 8.750% Date of Note: April 13, 2007 PROMISE TO PAY. Timothy F. Straub, Calvin W. Williams III and James S. Gardner aka J. Scott Gardner ("Borrower") jointly and severally promise to pay to Susquehanna Bank PA ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Thousand & 00/100 Dollars ($100,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If no demand is made, Borrower will pay this loan in one payment of all outstanding principal plus all accrued unpaid interest on April 30, 2008. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning April 30, 2007, with all subsequent interest payments to be due on the last day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed an a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rates section of the Wall Street Journal. When a range of rates has been published, the higher rate will be used (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lander may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 8.250% per annum. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 0.500 percentage points over the Index, resulting in an initial rate of 8.750% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum interest charge of $25.00. Other than Borrower's obligation to pay any minimum interest charge, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Susquehanna Bank PA c/o Loan Operations, P.O. Box 2000 Lititz, PA 17543-7030. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $20.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 4.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. 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 Borrower's 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 Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for,any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If 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 if 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 05) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or PROMISSORY NOTE Loan No: 10003006219 (Continued) Page 2 not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Lancaster County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the debt against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested either orally or in writing by Borrower or as provided in this paragraph. Lender may, but need not, require that all oral requests be confirmed in writing. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The following persons currently are authorized to request advances and authorize payments under the line of credit until Lender receives from Borrower, at Lender's address shown above, written notice of revocation of their authority: Timothy F. Straub; Calvin W. Williams III; and James S. Gardner aka J. Scott Gardner. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without' limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. 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 Lender's security interest in the collateral;' and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH 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. Seal) X (Seal) a es S. Gardner a J. tt Gar er users rno ,wo,o. v.,. sawoaow cw. n„n.,r r .?r? e.x..r.. i.., inr. xmx. .u n,sn,. n...«r. . rs Mnsavr,ar.,cmxn?oxa.rc m.onn rn s AGREEMENT TO MODIFY Extension of Term This Agreement made this 30th day of April 2008, between Timothy F. Straub, Calvin W. Williams III, and James S. Gardner aka J. Scott Gardner, hereinafter referred to as "Borrower," and SUSQUEHANNA BANK PA, hereinafter referred to as "Bank." WHEREAS, the Bank is the holder of a Note, account number 10003006219, to secure the original principal sum of One Hundred Thousand and 00/100 Dollars ($100,000.00), given by Borrower to Bank dated April 13, 2007, which is secured by certain collateral as recited therein. AND, WHEREAS, Borrower desires to extend the term of the indebtedness and continue to repay such indebtedness in accordance with the current terms and conditions. The extended maturity date shall be July 30, 2008. Any balance of principal or interest remaining unpaid shall become due and payable on said date. NOW, THEREFORE, it is agreed between the parties, in consideration of mutual benefits accruing to both parties and for other good and valuable consideration as follows: 1. The terms of the Note shall be modified as set forth above without any discharge or release of the indebtedness. 2. All the terms, conditions, stipulations, and prohibitions contained in the said Note not inconsistent herewith are hereby ratified and confirmed and remain in full force and effect; 3. This Agreement shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year aforesaid. Witness: Timethv . 'W. Williams S. Gar er 4a J. Scott Gardner, Individually SUSQVE A BAN P By: DISCLO? RE FOR CONFESSION OF A GMENT References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Anv item above containing " """11 has been omitted due to text length limitations. Borrower: Timothy F. Straub, Calvin W. Williams III and James Lender: Susquehanna Bank PA S. Gardner aka J. Scott Gardner Manheim Pike Corporate Office 157 South 32nd Street 1570 Manheim Pike Camp Hill, PA 17011-5102 Lancaster, PA 17601 Declarant: Timothy F. Straub 157 South 32nd Street Camp Hill, PA 17011-5102 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS _1 3 -K DAY OF &11? 20_!?? , A PROMISSORY NOTE FOR $100,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X e Timothy F. Strau USER PRO L« ins. -. 5.34.00.003 Con.. HM- Fna, SoMirion,, i_. 1057. 3007. Al, RISK„ R-". PA N:\SOSANKPAICFIILPL%D3O.PC n-31147 PR-5 DISCLO: RE FOR CONFESSION OF Jl GMENT ?u'1'!!!pY..:V'.CM.?!!.A8'iiii::& aze?:ae:::s:.-cr...:-:.-:..::::.-.- ..« ...................................... ...__.._ References in the shaded area are for Lender's use only and n do not limit the applicability of this document to any particular loan or item. Any item above containing " has been omitted due to text length limitations. Borrower: Timothy F. Straub, Calvin W. Williams III and James Lender: Susquehanna Bank PA S. Gardner aka J. Scott Gardner Manheim Pike Corporate Office 157 South 32nd Street 1570 Manheim Pike Camp Hill, PA 17011-5102 Lancaster, PA 17601 Declarant: James S. Gardner aka J. Scott Gardner 2712 Lisburn Road Camp Hill, PA 17011-8030 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS j 3 DAY OF `y?'' , 20_ A PROMISSORY NOTE FOR $100,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: LASER PRO L, Wq. Vo. S-34-W-097 Cop,. -A-d R-a SoWdonM, Ina. 1997. 2W7. AS R15hn R-". - PA HASOSANKPAWFRLP WULMC ---1 1-1 - DISCLOc*% RE FOR CONFESSION OF A 3MENT References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Anv item above containing " • • "" has been omitted due to text length limitations. Borrower: Timothy F. Straub, Calvin W. Williams III and James Lender: Susquehanna Bank PA S. Gardner aka J. Scott Gardner Manheim Pike Corporate Office 157 South 32nd Street 1570 Manheim Pike Camp Hill, PA 17011-5102 Lancaster, PA 17601 Declarant: Calvin W. Williams III 149 South Locust Point Road Mechanicsburg, PA 17055-9709 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF , 200-? , A PROMISSORY NOTE FOR $100,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. C'? 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DEC AR NT: (Seal) X C vin .Williams 111 LASER PRO LA MI"9. Vv. 5.34.00.003 C- HM A.r W 9"W - 1- 1997. 2007. AS FEE— Raw . PA H.%SQ9 9P.CRU PL\DM PC TR Sl1.7 PA -S VERIFICATION I, Robert Rahal, Senior Vice President of Susquehanna Bank, verify that I am authorized to make this verification on behalf of Susquehanna Bank, and that the facts contained in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Robert Rahal, Senior Vice President of Susquehanna Bank PP„"?Tr. TARY Qr THE n 20og 5EP -8 PM 3` 56 f +rr tr `'. SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JAMES S. GARDNER aka J. SCOTT GARDNER, TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III, Defendants CIVIL ACTION -LAW CERTIFICATE OF RESIDENCE (Loan # 10003006219 - April 13, 2007) I, Clayton W. Davidson, certify that the addresses for the Defendants are: James S. Gardner aka J. Scott Gardner 2712 Lisburn Road, Apt 304 Camp Hill, PA 17011 Calvin W. Williams, III 149 South Locust Point Road Mechanicsburg, PA 17055 Timothy F. Straub 2602 Market Street Camp Hill, PA 17011 I further certify the address for the Plaintiff is 1570 Manheim Pike, Lancaster, Pennsylvania 17601. Date: September 2, 2009 McNEES WALLACE & NURICK LLC By Clayton . Davi on PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cavidson a mwn.com Attorneys for Plaintiff, Susquehanna Bank ALED- OFFiGE OF THE PFOT? 'ICNOTAAY 2009 SEP -8 PH 3= 55 CU?,?f! AA'?,f``fTy PENIl' YW,'3h(,A SUSQUEHANNA BANK, Plaintiff V. JAMES S. GARDNER aka J. SCOTT GARDNER, TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION -LAW NOTICE OF ENTRY OF JUDGMENT (Loan # 10003006219 - April 13, 2007) TO: James S. Gardner aka J. Scott Gardner 2712 Lisburn Road, Apt 304 Camp Hill, PA 17011 Timothy F. Straub 2602 Market Street Camp Hill, PA 17011 Calvin W. Williams, III 149 South Locust Point Road Mechanicsburg, PA 17055 You are hereby notified that on September, 2009 a judgment by confession was entered against each of you in the above-captioned case in favor of Susquehanna Bank as follows: Principal: $ 98,268.47 Accrued Interest: 2,151.92 Late Fees: 91902.28 Attorney's Fees (10% commission) 10,042.03 Total: $120,364.70* *along with interest accruing at the current per diem rate of $10.23 until paid in full (the "Indebtedness") DATE: S_ P OTHONO SUSQUEHANNA BANK, Plaintiff V. JAMES S. GARDNER aka J. SCOTT GARDNER, TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE AND LAST-KNOWN ADDRESSES (Loan # 10003006219 - April 13, 2007) COMMONWEALTH OF PENNSYLVANIA PAL.P ArAf : SS. COUNTY The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief, Defendants, James S. Gardner aka J. Scott Gardner, Timothy F. Straub and Calvin W. Williams, III, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. James S. Gardner aka J. Scott Gardner is over eighteen (18) years of age and was last known residing at 2712 Lisburn Road, Apt 304, Camp Hill, Pennsylvania 17011. Timothy F. Straub is over eighteen (18) years of age and was last known residing at 2602 Market Street, Camp Hill, r Pennsylvania 17011. Calvin W. Williams, III is over eighteen (18) years of age and was last known residing at 149 South Locust Point Road, Mechanicsburg, Pennsylvania 17055. Clayton . Davidso SWORN and subscribed to before me this 31-vt day of September, 2009. t.i">rYIt.A Notary Public My Commission Expires (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal L 3Cfty aine Y. O'Hara, Notary Public Harrisburg, Dauphin 1Counnt 1 mission Expires Pennsylvania Association of Notaries FILED-riF, iCE OF THE Ppc:,,v'dOTARY 2004 SEP -8 PM 3: 4 6 (e ., t ENi 9d7. ro P=L A? CKW- /83q& 03033[ lUv??? rn.? ? ?C .4 1 Is SUSQUEHANNA BANK, Plaintiff V. JAMES S. GARDNER aka J. SCOTT GARDNER, TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6114 Civil Term CIVIL ACTION -LAW NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Timothy F. Straub 2602 Market Street Camp Hill, PA 17011 A judgment in the amount of $120,364.70 as of August 1, 2009 along with interest accruing at the per diem rate of $10.23, costs and reasonable attorney's fees until paid in full has been entered against you on September 8, 2009, in favor of the Plaintiff under the above captioned action 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 sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. - You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 McNEES, WALLACE & NURICK Date: October 9 , 2009 By *Clayton Davidso Attorney I.D. No. 79139 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5357 (717) 237-5300 fax Attorneys for Plaintiff, Susquehanna Bank OS FILEC' OF THE P?,,-171-?,CNOTARY 2009 OCT 13 PM 3: 05 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor $,?tr at CItttlhpr114# tom.. OFFICE OF THE V4ERIFF Al FD-OFF-CE F r # ?,1:>,,'I?RY OF THE 1009 OCT 20 AM 9, 4 7 r L.: ! L Il Susquehanna Bank vs. Timothy F. Straub Case Number 2009-6114 SHERIFF'S RETURN OF SERVICE 10/15/2009 11:43 AM - Timothy Black, Deputy Sheriff, who being duly swom according to law, states that on October 15, 2009 at 1143 hours, he served a true copy of the within Notice Under Rule 2958.1 of Judgment and Execution Thereon, upon the within named defendant, to wit: Timothy Straub, by making known unto himself personally, at 157 S. 32nd Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $55.44 SO ANSWERS, October 16, 2009 R THOMAS KLINE, SHERIFF By Deputy Sheriff SUSQUEHANNA BANK, ) Plaintiff vs. JAMES S. GARDNER aka J. SCOTT GARDNER, TIMOTHY F. ) STRAUB and CALVIN W. WILLIAMS, III, Defendants ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-06114 CIVIL TERM PRAECIPE TO RELEASE LIEN TO THE PROTHONOTARY: You are hereby directed to release the premises described in the legal description attached hereto from the lien of the above-captioned judgment. SUSQUEHANNA BANK By: " E /? /\? i --" 1/l Lr 'zq" 1 i 6;"- Dated: St AM E R/C First American Title Insurance Company SCHEDULE C Legal Description ALL THOSE CERTAIN tracts or parcels of land situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the eastern side of Twenty-ninth Street and at other lands now or formerly of Mrs. Hoffinan; thence North forty-four degrees nine minutes East (N. 44° 09' E.) fifty-eight and three-tenths (58.3) feet along Twenty-ninth Street to a point on the concrete approach to the building; thence in line with the center line of the partition between the two houses South fifty-five degrees thirty-six minutes East (S. 55° 36'E.) fifty- eight and forty-five hundredths (58.45) feet to an iron post; thence along the fence to the garages South eighty-six degrees twenty-four minutes East (S. 86° 24' E) thirty-seven (37) feet, more or less, to the center of the garage building; thence by the center of said building North eighty-eight degrees one minute East (N. 88° O1' E.) ten and five-tenths (10.5) feet, more or less, to the line of lands now or formerly of Mrs. Mary Ott; thence by the line of land now or formerly of Mrs. Ott and O.B. Bischoff South no degrees twenty-nine minutes West (S. 0° 29'W.) forty-five and nineteen hundredths (45.19) feet to an iron pipe in line of land of said Bischoff; thence by other lands now or formerly of Mrs. Hoffinan, North sixty- seven degrees twenty minutes West ( N. 67° 20; W.) one hundred forty-four and forty-six hundredths (144.46) feet to an iron pin, the place of BEGINNING. HAVING thereon erected a two (2) story brick and frame one-half of a double dwelling house known as No. 7 North Twenty-Ninth Street and also a garage. BEING THE SAME premises which Calvin W. Williams, III, a single man, by his deed dated the 12' day of October, 2009 and to be recorded simultaneously herewith, granted and conveyed unto Bobbi R. Misiti and Anthony R. Misiti, her husband, MORTGAGORS herein. FrPA-61 (Rev. 4/1/07) PA-3 THE P;M;: i,, r? OTAP 2009 NOV -4 All 10: G8 + 5 ?wcf ?o , M d P«" 5-a--7 69' 3;L 9`??? RELEASE OF JUDGMENT LIEN AGAINST 2140 MARKET STREET, UNIT 101 B, CAMP HILL, PA 17011 Lienholder: Judgments dated September 8, 2009 SUSQUEHANNA BANK Upon premises located in the Camp Hill Borough, Cumberland County, to Pennsylvania Debtors: TIMOTHY F. STRAUB and MARISA A. STRAUB Judgment Lien Docket No. Amount of Judgment Susquehanna Bank. v. James S. Gardner aka J. No. 09-6114 $120,364.70 Scott Gardner, Timothy F. Straub and Calvin W. Williams, III FOR VALUE RECEIVED, and intending to be legally bound, SUSQUEHANNA BANK, hereby remises, releases, exonerates and discharges the following tract(s) or parcel(s) of land and any improvements therein or thereon from the liens above: ALL THAT CERTAIN tract or parcel of land known as 2140 Market Street, Unit 101B, Camp Hill Borough, Cumberland County, Pennsylvania, more particularly described in Exhibit "A" attached hereto and made a part hereof. PROVIDED, always, nevertheless, that neither this Release nor anything contained herein shall in any way or at any time be or be construed to be evidence of payment, satisfaction or discharge of the debt secured by said judgments, or to affect, alter or diminish the remedies at law for recovering the principal sum and interest and other charges secured by said judgments from any person or entity who or which has not been expressly released from liability therefor. WITNESS the due execution hereof this45.7jC; day of October, 2009. LIENHOLDER: SUSQUEHANNA BANK By AL / Robert Rahal Senior Vice President {A1748291:1) COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF Cy v ??? ??R LAti?7 On this, the ,?-l day of October, 2009, before me, a Notary Public in and for the above-named Commonwealth and County, the undersigned officer, personally appeared Robert Rahal, who acknowledged himself to be the Senior Vice President of SUSQUEHANNA BANK, a corporation, and that he as such officer, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. )e'Vy 4e_x?j Notary Public OMMONWEALTH OF PENNSYLVANIA Notarial Seal Gail F. Hess, Notary Pubk Hempow Up., Cumberland CotxKy My Commission Expires Apr. 1% 2010 Member, Pennsylvania A660CWftn of NOW" {A1748291:1} Exhibit "A" ALL THAT CERTAIN Unit and the property known, named and identified in the Declaration referred to below as "Academy Court Condominium," situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated February 1, 1988, and recorded July 5, 1988, in Misc. Book 351, Page 777, as the same shall be amended from time to time as Unit No. 8-101, which said Unit is more fully described in said Declaration, as the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements, 9 as defined in said Declaration) of 6.99%. BEING Lot No. 1 and Lot No. 1A, Final Subdivision Plan; Regent Construction Company and Land Use Development Plan, Central Pennsylvania Savings Association, dated December 11, 1987, and revised January 11, 1988, recorded in Plan Book 54, Page 146, Cumberland County records. i,Jl-u'. iJ rill IIri i? iRi ?.oo Po A-nl Cr,* X55313 a33ysq k SUSQUEHANNA BANK Plaintiff v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. GARDNER a/k/a J. SCOTT GARDNER, TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III, Defendants NO. 2009-06114 CIVIL TERM PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: You are hereby directed to release the premises described in the legal description attached hereto and labeled as exhibit "A" from the lien of the above-captioned judgment. SUSQUEHANNA BANK BY: Dated: / l / l? Ur /43r ??-? Exhibit A Legal Description 2142 Market St. Camp Hill, PA 17011 Parcel No.:01-21-0271. -3 66. U202A ALL THAT CERTAIN Unit and the property known, named and identified in the Declaration referred to below as "Academy Court Condominium" situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 PA. C.S.A. 3101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated February 1, 1988, and recorded July 5, 1988, in Miscellaneous Book 351, Page 777, as the same shall be amended from time to time, as Unit No. A-202, which said Unit is more fully described in said Declaration, as the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of 7.97%. BEING Lot No. 1 and Lot No. IA, Final Subdivision Plan, Regent Construction Company and Land Use Development Plan, Central Pennsylvania Savings Association, dated December 11, 1987, and revised January 11, 1988, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 54, Page 148. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record. TIJ-= ARY 2099 E0 1 F' ,' gv ?? -Jd Al,-el r 7Z??G? ?ef?? ?r SUSQUEHANNA BANK Plaintiff v JAMES S. GARDNER a/k/a J. SCOTT GARDNER, TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-06114 CIVIL TERM ._ ~, ~'1 ~ a c - ` ~ ~`~' -- n~' ~ ; ~ r ..~; ~; _ r ~ N - t7 C>7 , -; ~.. ~. ... , , .,~_; =' ._ _ T. , _ ``° ; ~•; _. '~;-r~ , ~-, =, ~ ~ ,~ ~ PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: You are hereby directed to release the premises described in the legal description attached hereto and labeled as exhibit "A" from the lien of the above-captioned judgment. SUSQUEHANNA BANK BY: a ~ ~~ ~ L~~ i~~ Dated: ~~/ ~ ~ /l ~; . lid ~~~ S~GLeQ~ ~'d 4 e~ ,~ ~ 37 9s'~f Exhibit A Legal Description 1$00 Sheept'ord Rd. Mechanicsburg, PA 17055 Parcel No.:13-27-1877-025 13-27-1877-026 ALL THAT CERTAIN piece or parcel of and situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof dated November 12, 1951, prepared by D. P. Raffensperger, R.S., as follows: BEGINNING at a point in the center line of a public road known as Old Forge Road at line of lands now or late of Pennsylvania Turnpike Commission; thence along the line of lands of the Pennsylvania turnpike Commission South eighty (80) degrees twenty-six (26) minutes West one hundred twenty-seven and twenty hundredths (127.20) feet to a paint; thence continuing by said lands south eighteen (18) degrees five (5} minutes West one hundred seventy-seven and fifty-six one hundredths (177.56) feet to a point on line of lands now or late of Robert B. Cline; thence along said lands South seventy (70) degrees fifty-two (52)minutes East two hundred sixteen and seventy-four one-hundredths (216.74) feet to a point; thence North twenty-one (21) degrees no (00) minutes East One hundred eighty-nine and sixty-seven one-hundredths (189.67) feet to a spike in the center line of Old Forge Road; thence along center line of Old Forge Road North fifty-two (52) degrees fifty-one (51) minutes West fifty-six and seventeen one-hundredths (56.17) feet to a point; thence by the same North forty-three (43} degrees thirty-one (31) minutes West sixty-eight and seventy-three one-hundredths (68.73) feet to a point, the place of BEGINNING. 13-27-1877-025 ALL THOSE TWO CERTAIN pieces or tracts of land situate in the Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: PARCEL NO. A BEGINNING at a point in the southern right-of-way line of the Pennsylvania Turnpike, said point being opposite Turnpike center line station 673/85.03, 120 feet distant measured therefore radially; thence south 18 degrees 25 minutes 32 seconds east 69.72 feet to a point, being a corner common to lands now or formerly of S. Simon, lands now or formerly of William Cline and the Pennsylvania Turnpike commission; thence north 88 degrees 50 minutes 38 seconds west 102.02 feet to a corner common to the lands now or formerly of S. Simon and the Pennsylvania turnpike Commission; thence north 18 degrees 25 minutes 32 seconds west 61.24 feet to a point in the southern right-of-way line; thence by a curve to the left having a radius of 4,703.75 feet, an arc distance of 99.5 feet to the point and place of BEGINNING. CONTAINING 0.144 acres, more or less, and being Surplus parcel 363. PARCEL NO. B BEGINNING at a point in the southern right-ofi-way line of the Pennsylvania Turnpike Center line Station 673/85.03, 120 feet distant measured therefrom radially; thence by a curve to the left having a radius of 4,703.75 feet, an arc distance of 372.86 feet to a point i. ~ the southern right-of-way line; thence continuing along the same south 72 degrees 52 minutes 32 seconds east 14.09 feet to a-point common to lands now or formerly of C. James Snyder, Jr. and the Pennsylvania Turnpike Commission; thence along lands now or formerly of Snyder south 18 degrees 18 minutes 06 seconds west 146.39 feet to a point, said point being in common to the lands now or formerly of Snyder and the Pennsylvania Turnpike Commission; thence north 83 degrees 30 minutes 59 seconds west 318.00 feet to a point, said point being common to the {ands now or formerly of S. Simon, Parcel 363 and the Pennsylvania Turnpike Commission, thence north 18 degrees 25 minutes 32 seconds west 69.72 feet to the point and place of BEGINNING. SUSQUEHANNA BANK Plaintiff Vs In the Court of Common Pleas Cumberland County PA No: 2009-6114 James S. Gardner a/k/a J. Scott Gardner Civil Action -Law Timothy F. Straub Calvin W. Williams, III Defendants ~ : RELEASE OF JUDGMENT LIEN ~; l C. Q 77 - ~ - .-, fv _~ „ - ~-u ;~: .. -- =' ~ r FOR -VALUE RECEIVED, and intending to be legally bounded, Susquehanna Bank, hereby remises, releases, exonerates and discharges the following tract or parcel of land and any improvements therein or thereon from the lien above: ALL THOSE CERTAIN three (3) lots, tracts or parcels of ground, with the buildings and improvements thereon erected, situate and lying more particularly as described in Exhibit "A", attached hereto and made a part hereof:..... ~~,,~.~~-,F,~~,,,,,, ~ . ;~~„f,, ~,,, PROVIDED, always, nevertheless, that neither this Release nor anything contained herein shall in any way or at any time be or be construed to be evidence of payment, satisfaction or discharge of the debt secured by said judgment, or to affect, alter or diminish the remedies at law for recovering the principal sum and interest and other charges secured by said judgment from any person or entity who or which has not been expressly release from liability therefore..:... ,~...~::::. WITNESS the due execution hereof this ~ day of •.~tin~~ 2010. LIENHOLDER: SUSQUEHANNA BANK Robert Rahal, Senior Vice President _..._..._._ ,.: r,.:y1t,~,t.~, ~~.;u5id~"CtU(1__UI Wa~;11~1~1~u._ui Ull:_ U~ut bu~~~.:u ~y ..,,,,. $~-,aop~a~lY ~1~llr~tis s~-~6 ~~~ yy~/ /z,~ a-y~~ v~ 221 Market Street New Cumberland PA Parcel number 25-25-006-319 ALL THAT CERTAIN plan ar piacei of Iurd annate m the Bm+ouglt of ~e~u Cuatberlaad, Ctlmberiand County, ~+Yh~,:aa+e pubtattacly bounded and ddmbed as follows, ro wit: _.. _. B£GL'~'NL~G az a Feint; tine ttar0-m~ coiner of Seoopd Alley and IKarlc+et Sweet; thence nacthesmmdt by said ~ a diar~ce of aeti~elrry t70) >Rxt ro a point at Lmd naw or fetmedy o{S.B. Msuks C y ~€ f~3.0I) fat ro ~ ~~y p wirh Marloee Street, a dace of'~y,-throe std aqe htnxbedths house known u ~~j,~y ~ and ~ ~ aver line of a donbk >ffame d~eriiittg ~ along ~~ ~ $a+act; a diat~moc of Sh+eei; tbaxe swot ~, a x ~ +e9atty (7Q} feet do hdarfat the pbce of HfiQIl~iIIVG. t~nty-three and ene-)t}b f23Ai) feet to Second Alley, EAVL~G 1Hi~pQ,T ~ a thra emry da~elliag ~htwse kaowrt and rnmtbered as 221 Market 3tree; ~Jevr Cumberhn~ Pe~vania, _ . 700 Lisburn Road Camp Hill PA 17011 Parcel Number 13-23-0549-137 ALL THAT CERTAIN piece or parcel of land, situate, lying and being in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: _._ BEGINNIl~TG at an iron pin in-the center line of the intersection of Legislative Routes 21022 and 21023 (Spur E); thence along the center line of said Legislative Route 21023 (Spur E) south 13 degrees 55 minutes east 194.98 feet to a spike at line of land now or late of Samuel F. McDonald; thence along lands now or late of Samuel F. McDonald north 83 degrees 21 minutes west 140.80 feet to a point; thence north 24 degrees 06 minutes west 208.10 feet to an iron pin in center of Legislative Route 21022; thence along the center of said Legislative Route 21022, north 85 degrees 02 minutes east 178.62 feet to the place of BEGINNING. ' ...,,..__.: ._.._.. ....,?.,~tA:6GiJtaGCi._~.t~WlAiicC~f~!`rEpfy~~~'i~}fCtt'r-~.'!+"~„q`;..P..yn .f.,~.:':4~ HAVING THEREON ERECTED a stone aparhnent building being known and numbered as 700 Lisburn Road, Camp Hill, Pennsylvania. 2602 Market Street Camp Hill PA 17011 Parcel Number 01-21-0271-0326 2602 Mazket Street, Camp Hill: ALL THAT CEF2TAIN tract of land.with the buildings thereon erer~ed situate in the Borough of Camp Hili, County of Cumberland, and Commonwealth of Pennsylvania, more. particularly bounded and described as follows, to wit: BEGINNING at a point at the northwest corner of Market Stn:et and North Twenty-Sbcth Street; thence in a northerly direction and along the western line of North Twenty-Sixth Street, a distance of orie hundred seventy- five (175) feet to a ffteen (15) foot alley; thence in a westerly direction along the southern line of said fifteen (15) foot alley, one hundred ninety-eight and sbc tenths (198.60) feet to the western line of Lot No. 1, Section A, of the hereinafter mentioned Plan of Lots; thence in a southerly direction along the western line of said Lot No..1, Section A aforesaid, a distance of one hundred seventy-four and four-tenths (174.4) feet to a point on the northern line of Market Street; thence in a easterly directon along the northern line of Market Street, two hundred fnie feet (205) to a point, the point and place of BEGINNING. HAVING thereon erected a two and one-half (2 '/) story stone dwelling known and numbered as' 2602 Market Street, Camp Hill, Pennsylvania. .. .... .. ,,.,. .•.•.~• ,.. ... +~n.,~a.,-:. ~..;.al . ~111.2i1 ~..ltaa,-111 a-L11t1 R1. 111~a1GC;. I~1c 1.1111 ..1a4~., k~.+-y-~,:,ti llU EXHIBIT A * ~,-e ~~..•Ye 1 n•s•.t !e~ I• ! .~ f11{ l l~~+'t'k~ i1~r~l-et' 41}_r l-;t-? r 4-1- lire _. _ i RELEASE OF JUDGMENT LIEN Lienholder '., Judgment date 09/09/2010 SUSQUEHANNA BANK Docket 2009-6114 ~ ,,y c _ Vs : ~' °; Debtors Amount: $120,364.70 -~.~ ~ ' ~ '~ ~._. James S. Gardner a/k/a _- "' J. Scott Gardner ~ _ Timothy F. Straub ~, Calvin W. Williams, III -- ~• `5 (. _ _ FOR VALUE RECEIVED, and intending to be legally bounded, Susquehanna Bank, hereby remises, releases, exonerates and discharges the following tract or parcel of land and any improvements therein or thereon from the lien above: ALL THAT CERTAIN lot or parcel of ground, with the buildings and improvements thereon erected, situate and lying in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, known as 2331 Chestnut Street, Camp Hill, more particularly described in Exhibit "A", attached hereto and made a part hereof. PROVIDED, always, nevertheless, that neither this Release nor anything contained herein shall in any way or at any time be or be construed to be evidence of payment, satisfaction or discharge of the debt secured by said judgment, or to affect, alter or diminish the remedies at law for recovering the principal sum and interest and other charges secured by said judgment from any person or entity who or which has not been expressly release from liability therefore. WITNESS the due execution hereof this Z ~ day of ~y`-~~7 , 2010. LIENHOLDER: SUSQUEHANNA BANK Robert Rahal Senior Vice President s ~, oo p d Mrll~.- /.,rpsit Ll.G GlC~ s'yo~r EXHIBIT "A" LEGAL DESCRIPTION File No.: 20100299 ALL THAT CERTAIN lot of land situate in the Borough of Camp Hill, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point formed by the intersection of the southern line of Chestnut Street with the eastern line of Twenty- Fourth Street; thence in and easterly direction along the southern line of Chestnut Street 46 feet to a point; thence in a southerly direction along a line at right angles with Chestnut Street 140 feet to a 15 feet wide alley; thence in a Westerly direction along the northern lien of said alley 51.25 feet to Twenty-Fourth Street; thence in a northerly direction along the eastern line of Twenty-Fourth Street 140.10 feet to the point or place of BEGINNING. Being Lots Nos. 59 and 60 and the western 6 feet of Lot No. 61 on the Plan of Lots in the Borough of Camp Hill laid out by Robert L. Myers, said Plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book N, Volume 6, Page 600. Being the same property acquired by Timothy F. Straub, a married man, and Calvin W. Williams, III, a married man, by Deed recorded 8/1/05, of record in Deed Book 270, Page 896, in the Office of the Recorder of Cumberland County, Pennsylvania. File No.: 20100299 Exhibit A Legal Description Page 1 of 1 ~~ RELEASE OF JUDGMENT LIEN Lienholder Judgment date 09/09/2010 cn c '' SUSQUEHANNA BANK `-_-- Docket 2009-6114 ~' ,4 ~'' -~ -,-: Debtors Amount: $120,364.70 , " -~ . ,-,~ James S. Gardner a/k/a _ - ~' J. Scott Gardner _-:~` ,~ ~_ Timothy F. Straub Calvin W. Williams, III FOR VALUE RECEIVED, and intending to be legally bounded, Susquehanna Bank, hereby remises, releases, exonerates and discharges the following tract or parcel of land and any improvements therein or thereon from the lien above: ALL THAT CERTAIN lot or parcel of ground, with the buildings and improvements thereon erected, situate and lying in Lower Allen Township, County of Cumberland and State of Pennsylvania, known as 700 Lisburn Road, more particularly described in Exhibit "A", attached hereto and made a part hereof. PROVIDED, always, nevertheless, that neither this Release nor anything contained herein shall in any way or at any time be or be construed to be evidence of payment, satisfaction or discharge of the debt secured by said judgment, or to affect, alter or diminish the remedies at law for recovering the principal sum and interest and other charges secured by said judgment from any person or entity who or which has not been expressly release from liability therefore. WITNESS the due execution hereof this ~ day of /`'~A 2 L , 2010. LIENHOLDER: SUSQUEHANNA BANK By' /1~-~~ 1~~7' ~ Robert Rahal Senior Vice President ~"4'O6 pd /-~rllc~ ~~es~tl ~,~y~ ~ 9~ f . EXHIBIT "A" LEGAL DESCRIPTION File No.: 20100336 ALL THAT CERTAIN lot or parcel of ground, with the buildings and Improvements thereon erected, situate, lying, and being in the Borough of Camp Hilt, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on what was formerly the eastern line of the right of way of the Valley Railways on Oyster Point Avenue, now Thirty-Second Street said point being eighty (80) feet measured in a northerly direction from the northeast corner of a thirty (30) feet wide Street, now known as Bramer Street and what was formerly said Right of the Valley Railways; thence in an easterly direction along a line at right angles to Oyster Point Avenue, now Thirty-Second Street, two hundred twenty-three and one tenth (223.10) feet, to the Western line of"a fifteen foot wide alley; thence in a southerly direction, along eastern line of said alley, forty and seven tenths (40.7) feet to a point at land now formerly of Louis B. Cox; thence in a westerly direction along lines of land now or formerly of Louis B. Cox two hundred fifteen and six tenths (215.6) feet to a point on what was formerly the eastern line of the right of way of the Valley Railways on Oyster point Avenue; thence along what was formerly the eastern line of said right of way, forty (40) feet to a point, the place of the BEGINNING IT BEING, Pennsylvania, and being known and numbered as 149 South Thirty-Second Street, Camp Hill; Pennsylvania Lot NO 5, on an unrecorded Plan of Lots, laid out by C.A. Hempt in Camp Hill. File No.: 20100336 Exhibit A Legal Description Page 1 of 1 SUSQUEHANNA BANK, Plaintiff IN 'THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW o 3AMES S. GARDNER, SCOTT J. 3 ° ... ~"~ _,;,~ GARDNER, TIMOTHY F. STRAUB, and ~ CALVIN W. WILLIAMS, III, N0.28~Q-06114 Defendants ~~, ~ ~~ RELEASE OF REALTY FROM LIEN OF JUDGMENT ~~ ~ ~7 ~~ --i -< ... ~, ~ ..~ FOR VALUE RECEIVED, the undersigned SUSQUEHANNA BANK, Plaintiff, has remised; released, quitclaimed, exonerated and discharged, and by these presents does hereby renuse, release, quitclaim, exonerate and discharge, unto MID PENN BANK, its respective successors and assigns, that certain premises described as follows: ALL THAT CERTAIN parcel or tract of land with the improvements erected thereon, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, said lot being bounded and described as set forth in Exhibit "A" attached hereto; ALL THAT CERTAIN parcel or tract of land with the improvements erected thereon, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, said lot being bounded and described as set forth in Exhibit "B" attached hereto; ALL THAT CERTAIN Unit in the properly known and indentified in the Declaration referred to below as "Cedar Place Condominium," located in the Township of Lower Allen, Cumberland County, Pennsylvania, said lot being bounded and described as set forth in Exhibit "C" attached hereto. TO HOLD THE SAME, with the appurtenances, unto Mid Penn Bank, its respective successors and assigns, forever freed, exonerated and discharged of and from the lien of the Judgment and every party thereof. Provided, however, that nothing herein contained shall in any manner affect, alter or diminish the duration, effect, lien or encumbrance of the above-described dd,-iw t ~Q;vUp~ u~,,~c~ ck~~alt,~~+ ,eft ~-Yy 7 ~ 9 Judgment on any other property of Defendants or the remedies at law for recovering the remainder of the principal sum, with interest, due on the Judgment. It is the intention of the Plaintiff to be legally bound by this instrument. IN WITNESS WHEREOF, the said Plaintiff has caused this Release to be executed, its corporate seal to be hereunto affixed, and the same to be duly executed this 7 day ~~~ , 2010, intending to be legally bound hereby. ATTEST: SUSQUEHANNA BANK COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~! •QL[~f~/•c/ SS. On this, the r!/ day of l~ _, 2010, before me, a notary public, the ~ ersigned officer, in and .for the Commonwealth of Pennsylvania, personally appeared ` iYe~C~-~ L . ~ who acknowledged him/herself to be the S~Or y uc /~es,~etb of a,~ao- I~a.r. ,and that helshe, as such officer, being duly authorized to do so, execute a same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~G~d/~o,! ~ Co Notary Public My commission expires: ~~/ 1 ~~ Zt~ ! Z r?t~coNw~r-t,Tx of i~snvaN~ NOTARIt1L SEAL Scott D. Wsehinger, Notary Public Steteltoa Borough, Dauphin County M commisaioa a ices Jul 14 2012 Exhibit A BEGINNING at a point on the Southem line of Hummel Avenue at the distance of 40 feet westwardly, measured from the south-west corner of Hummel Avenue and Eighth Street formerly Black-berry Alley; thence in southerly direction, along the western line of Lot No. 12 Block "E" on the plan of lots hereinafter mentioned, 150 feet to a point on the northern tine of Peach Alley; thence in a westerly direction, along the northern line of said Peach Alley, 17'12 feet, more or Less, to a point; thence in a northerly direction, along a line running through the center of the partition wall of the double house erected in part on said Lot, 150 feet to a point on the Southern line of Hummef Avenue; thence in an easterly direction along the Southern line of Hummef Avenue, 17 %2 feet, more or less, to a point, the Place of the BEGINNING. Exhibit B ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated July 25, 1964, as follows to wit: BEGINNING at a point on the northwest side of Hummel Avenue, said point being 69.2 feet southwest of a concrete monument at the corner of Hummel Avenue and Ninth Street; thence extending along Hummel Avenue, South 54 degrees West, 32.00 feet to a point, thence extending through Lot No. 39 on the hereinafter mentioned Plan of Lots, North 86 degrees West, 150.00 feet to a point on the southeast side of a 15-feet-wide alley; thence along said alley, North 54 degrees East, 32.00 feet to a point, thence extending through Lot No. 38 on said plan and passing through the center of a party wall, South 36 degrees East, one hundred fifty (150) feet to the point and place of BEGINNING. BEING 17 feet of Lot No. 38 and 15 feet of Lot No. 39, Block F, on the Plan of Lots known as "Plan No. 1 of Riverton", which plan is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book J, Volume 4, Page 40. HAVING thereon erected a two and one-half story brick dwelling known as 909 Hummel Avenue. Tax Parcel #12-22-0824-037 Exhibit C ALL THAT CERTAIN Unit in the property known and indentified in the Declaration referred to below as "Cedar Place Condominium", located in the Township of Lower A11en, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted to the provision of the Pennsylvania Uniform Condominium Act, 68 Pa.C.S. 3101 et sew, by the recording in the Ofi•ice of the Recorder of Deeds, in and for Cumberland County, a Declaration dated May 20, 1997 and recorded June 2, 1997 in Miscellaneous Book 548, Page 1048, being and designated in such Declaration, as Unit 307 as more fully described in such Declaration, together with a proportionate undivided interest in the Common Elements (as defined in such Declaration, as amended) of 3.2%. .~ RELEASE OF JUDGMENT LIEN Lienholder Judgment date 09/09/2009 SUSQUEHANNA BANK ~ ~ 'Q*~ Docket 2009-6114 ~ W z ~~ Vs ~ ~ o ~ r Debtors r Amount: $120 364 70 ~~' rv m °v , . r- ~ Ap a --i o 0~ James S. Gardner a/k/a ao ~ z-- J. Scott Gardner ~~ ° -°-r Timothy F. Straub ~ ~ ~ Calvin W. Williams, III ~ FOR VALUE RECEIVED, and intending to be legally bounded, Susquehanna Bank, hereby remises, releases, exonerates and discharges the following tract or parcel of land and any improvements therein or thereon from the lien above: ALL THAT CERTAIN lot or parcel of ground, with the buildings and improvements thereon erected, situate and lying in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, known as 19 S. 24th Street, more particularly described in Exhibit "A", attached hereto and made a part hereof. PROVIDED, always, nevertheless, that neither this Release nor anything contained herein shall in any way or at any time be or be construed to be evidence of payment, satisfaction or discharge of the debt secured by said judgment, or to affect, alter or diminish the remedies at law for recovering the principal sum and interest and other charges secured by said judgment from any person or entity who or which has not been expressly release from liability therefore. WITNESS the due execution hereof this / ~- day of ~~~ fix./ , 2010. LIENHOLDER: ~~ ~ ~~ SUSQUEHANNA BANK By. /1 v~/~ ~ 2~ L /~ Robert Rahal Senior Vice President EXHIBIT "A" LEGAL DESCRIPTION File No.: 20100513 BEGINNING at a point on the eastern side of South 24th Street, which point is the dividing line between the property of Bertha Lavine Lilley Meisdenhelder, now deceased, and that of Fred W. Reager and Gwuendole J. Reager, his wife; thence in an Easterly direction, along the dividing line between the two properties, one hundred fifty-two (152) feet, two (2) inches, more or less, to a twenty (20) foot alley; thence along the western line of said twenty (20) foot alley, south twenty- four (24) feet six (6) inches; thence in a westerly direction along the dividing line between the property of Bertha Lavine Lilley Meisenhelder, now deceased, and that of Leonard S. Shorter and Marjorie J. Shorter, his wife, one hundred fifty- two (152) feet, two (2) inches, more or less, to the eastern line of South 24th Street, formerly Myers Avenue; and thence along the eastern line of South 24th Street, twenty-four (24) feet six (6) inches to a point, the place of BEGINNING. File No.: 20100513 Exhibit A Legal Description Page 1 of 1 Clayton W. Davidson I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a,mwn.com SUSQUEHANNA BANK, Plaintiff v. t FiL D-OFFICE: _ (i J re iF P 0 H? 0 ,?OT.J?y 2010 DEC 28 AM 11: 49 CUMBERLAND COUNT""i' PENNSYLVANIA Attorneys for Plaintiff Susquehanna Bank IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6114 (Civil Term) JAMES S. GARDNER aka J. SCOTT GARDNER, TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III, Defendants CIVIL ACTION -LAW PRAECIPE TO SATISFY JUDGMENT AND DISCONTINUE ACTION TO: THE PROTHONOTARY OF DAUPHIN COUNTY Please satisfy the judgment and thereafter discontinue the action. Date: December d 1, 2010 McNEES WALLACE & NURICK LLC Clayto W. D idson PA I.D. No. 9139 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson@mwn.com Attorneys for Plaintiff Susquehanna Bank CERTIFICATE OF SERVICE I certify that I have this date served a copy of the foregoing Praecipe to Satisfy Judgment and Discontinue Action on the following: James S. Gardner aka J. Scott Gardner 2712 Lisburn Road, Apt. 304 Camp Hill, PA 17011 Timothy F. Straub 2602 Market Street Camp Hill, PA 17011 Calvin W. Williams, III 149 Locust Point Road Mechanicsburg, PA 17055 -? Dated: December d, 2010 ' C on W. Davidson