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Home My WebLink About09-81594 STATE OF MARYLAND, HOWARD COUNTY, TO WIT: f I HEREBY CERTIFY that the aforegoing is a true photocopy of the original taken from the records of the Circuit Court for Howard County as recorded in Case Number: 13-C-09-79882 IN TESTIMONY WHEREOF, I hereto set my hand and affix the seal of the Circuit Court. for Howard County this 12th Day of November, 2009. F? Margar t D. Rappaport :,,., •,, ,o Clerk of the Circuit Court for Howard County I, Diane O. Leasure Judge of the Circuit Court for Howard County, in the Fifth Judicial District of the State of Maryland, do hereby certify that Margaret D. Rappaport who has given the preceding certificate, was Clerk of the said Circuit Court for Howard County at the time of so doing, and that his/her attestation is in due form, and his/her signature thereto is genuine. (V?LW'lQ.r Diane O. Leasure Judge of the Fifth Judicial Circuit STATE OF MARYLAND, HOWARD COUNTY, Sct. I, Margaret D. Rappaport, Clerk of the Circuit Court for Howard County, do hereby certify that the Honorable Diane O. Leasure Judge of the Circuit Court for Howard County, who has certified and signed the above attestation, was at the time of so doing, Judge of the said Court, duly commissioned and qualified; and that to all acts done by him/her in that capacity, full faith and credit are due and ought to be given; and that his/her signature thereto is genuine. IN TESTIMONY WHEREOF, I hereunto subscribe my hand and affix the seal of the Circuit Court for Howard County, on this 12th Day of November, 2009, A.D. d'Pi F?A?HCW.. Margar t D. Rappaport `°. RYL ...... Clerk of the Circuit Court for Howard County 6 • THE COLUMBIA BANK, V. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant IN THE CIRCUIT COURT OF HOWARD COUNTY, MARYLAND f3??1 -7q 88 ? No Confessed Judgment ORDER OF CONFESSED JUDGMENT IT IS ORDERED this ?_ day of October, 2009, that judgment by confession be entered in favor of Plaintiff, The Columbia Bank, and against Defendant, Shaull's Choice Development, LLC, for the sum of $2,305,834.92, plus costs of suit. Ce?(1Ki /1/? At Clerk o the Circuit Court FILEC Vi- Il/r - TrtL Pr.?s , r JOTA,RY . 2009 NOV 24 AIN S: 42 CUPr' ? ?; 05,DOIPo(.44 A?f D3 s?oS? n STATE OF MARYLAND, HOWARD COUNTY, TO WIT: I HEREBY CERTIFY that the aforegoing is a true photocopy of the original taken from the records of the Circuit Court for Howard County as recorded in Case Number: 13009079882 CJ. IN TESTIMONY WHEREOF, I hereto set my hand and affix the seal of of the Circuit Court for HOWARD COUNTY this 20th Day of November, 2009. 7&di-?-a,4e-e 4 ?/4,4 Marga•et D. Rappapor Clerk of the Circuit Court for Howard County r CIRCUIT COURT FOR HOWARD COUNTY Margaret D. Rappaport Clerk of the Circuit Court 8360 Court Avenue Ellicott City, MD 21043-4579 (410) -313-2111, TTY for Deaf: (410) -313-3840 Civil(410)313-3844 Criminal(410)313-3822 11/20/09 Case Number: 13-C-09-079882 CJ Date Filed: 10/26/2009 Status: Closed/Inactive Judge Assigned: To Be Assigned, Location : CTS Start : 10/26/09 Target : 04/24/11 Columbia Bank vs Shaulls Choice Development LLC C A S E H I S T O R Y OTHER REFERENCE NUMBERS Description Number ------------------------------ --------------- Case Folder ID C09079882V0l INVOLVED PARTIES Type Num Name(Last.First,Mid.Title) Addr Str/End Pty. Disp. Entered Addr Update ----------------------------------------------------------------------------------------------------------------------------- PLT 001 Columbia Bank BA AD 10/30/09 10/30/09 Party ID: 0305954 Mail: 7168 Columbia Gateway Drive 10/30/09 Columbia. MD 21046 Attorney: 0801786 Minnich. Paul W 100 E Market Street P.O. Box 15012 York, PA 17405-7012 (717)846-8888 DEF 001 Shaulls Choice Development LLC Appear: 10/26/2009 Party ID: 0305955 BA AD 10/30/09 10/30/09 SDS 10/30/09 10/30/09 Mail: 8945 Guilford Rd 10/30/09 10/30/09 SDS Ste 100 Columbia, MD 21046 13-C-09-079882 Date: 11/20/09 Time: 15:24 DISPOSITION HISTORY Disp Disp Stage Activity Date -------- Code Description ----- ------------------ Code Description User Date 10/30/09 -------- AD Administrative Close ---- ----- ---------------------- BA BEFORE ANSWER -------- ---- -------- SOS 10/30/09 JUDGE HISTORY JUDGE ASSIGNED Type Assign Date Removal RSN ------------------------------ ---- ------------ ----------- TBA To Be Assigned. J 10/30/09 DOCUMENT TRACKING Page: 2 Num/Seq Description Filed Entered Party Jdg Ruling Closed User ID -- ---------------------------------------- -------- -------- ------ --- ------------------ -------- -------- 0001000 Complaint and Affidavit of Confessed 10/26/09 10/30/09 PLT001 TBA 10/30/09 SDS SDS Judgment 0002000 Certification of Admission 10/26/09 10/30/09 PLT001 TBA 10/30/09 SOS SOS 0003000 Order of Confessed Judgment 10/26/09 10/30/09 000 TBA 10/30/09 SOS It is ordered this 30th Day of October 2009 that judgment by confession be entered in favor of pltf, The Columbia Bank and against def. Shaull's Choice Development LLC for the sum of $2.305.834.92 plus costs of suit. 10/30/09 copies to pltf's counsel. 0004000 Confessed Judgment Notice Sent 10/30/09 10/30/09 DEF001 TBA 10/30/09 SOS SERVICE Form Name Issued Response Served Returned Agency ---------------------------------------- -------- -------- -------- -------- ------------------------------ Notice of Confessed Judgment 10/30/09 Private Process DEF001 Shaulls Choice Development LLC, TICKLE Code Tickle Name Status Expires #Days AutoExpire GoAhead From Type Num Seq ---- -------------------- ------ -------- ----- ---------- ------- ---- ---- --- --- CTOS Create Tickle On Ser CLOSED 10/30/09 0 no no 000 000 13-C-09-079882 Date: 11/20/09 Time: 15:24 Code Tickle Name Status Expires #Days AutoExpire GoAhead From Type Num Seq ---------------- ------ -------- ----- ---------- ------- ---- ---- --- --- NCDT Notice Of Contemplat CLOSED 02127110 120 no no CTOS T 000 000 Page: 3 13-C-09-079882 Date: 11/20/09 Time: 15:24 Page: 4 ACCOUNTING SUMMARY NON-INVOICED OBLIGATIONS AND PAYMENTS ------------------------------------- Date Rcpt/Initials Acct Desc Oblig Payment Total MOP Balance 10/29/09 200900005689/LLM 1101 CF-Civil Fil .00 80.00 -80.00 CK -80.00 10/29/09 200900005689/LLM 1206 Overage .00 10.00 -10.00 CK -90.00 10/29/09 200900005689/LLM 1500 CF-App Fee .00 10.00 -10.00 CK -100.00 10/29/09 200900005689/LLM 1265 MLSC .00 25.00 -25.00 CK -125.00 10/30/09 1500 CF-App Fee 10.00 .00 10.00 -115.00 10/30/09 1265 MLSC 25.00 .00 25.00 -90.00 10/30/09 1101 CF-Civil Fil 80.00 .00 80.00 -10.00 Date Time Type 11/05/09 10:37 AM CheckIn 10/30/09 10:22 AM Created CASE FOLDER HISTORY User Location ---- -------- Fileroom Civil Department Clerk Reason PUB SDS Case Folder Created FrNL;`; O ?r,RY 2009??? ?? Af3 9.42 ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 THE COLUMBIA BANK, V. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant Attorneys for Plaintiff The Columbia Bank COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. /V- 1715-f 6z"l AFFIDAVIT OF CONTINUING LIEN OF FOREIGN JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Scott F. Landis, Esquire, who, being duly sworn according to law, does depose and say that to the best of his knowledge, information and belief, the judgment entered by the Circuit Court of Howard County, Maryland to No. 13C0979882, in favor of Plaintiff, The Columbia Bank, and against Defendant, Shaull's Choice Development, LLC, in the amount of $2,305,834.92, plus costs of suit, is valid, enforceable and remains unsatisfied. BAR=ZL??z By:_ ott . Landis, squire Court I.D. No. 69798 Sworn and subscrib d to before me this day of November, 2009. N tary Public My Commission Expires: COMMONWEALTH CAS PENNSYLV IA Notarial S"I JoAnn F. Dilloway, Notary Public City of Lancaster, Lancaster County My Commission Expires Dec. 15, 2009 Member, Pennsylvania Association of Notaries 2755657-1 FILED-OFFICE 0E THE PRP0 - `ON0TARY 2099 NOV 2 4 AM 9: 4 ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW t4w No. vs- Jp CERTIFICATE OF RESIDENCE I, Scott F. Landis, Attorney for Plaintiff, hereby certify to the best of my knowledge, information and belief that the name and current address of each party is as follows: 1. The precise address of Plaintiff, The Columbia Bank, is 7168 Columbia Gateway Drive, Columbia, Maryland 21046. 2. The last known address for Defendant, Shaull's Choice Development, LLC, is 8945 Guilford Road, Suite 100, Columbia, Maryland 21046. Date: 0 _ BARLEY SNYDER LLC By: Scott F. Landis,`Esquire Attorneys for Plaintiff Court I.D. No. 69798 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 27518951 o 6 -w . Rl FL,)-Orr-lCE nF HTr Pp,) _ tna?()TARY 2009 NOV 24 AM 9: 42 ;-:aj ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 'Q? - 41,J ENTRY OF APPEARANCE Kindly enter the appearance of Scott F. Landis, Esquire, Barley Snyder LLC on behalf of Plaintiff, The Columbia Bank, in the above-captioned matter. Serve all papers at 126 East King Street, Lancaster, Pennsylvania 17602-2893. Date: 71 OC7 BARLEY SNYDER LLC By: F. Landis, squire Attorneys for Plaintiff, The Columbia Bank Court I.D. No. 69798 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 27518951 FILED-OFFICE nF THE FF^ t???TARY 2009 NOV 24 All 9: 42 ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. ' - :5:1nr NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case. ? Judgment for Plaintiff and against Defendant, in the total amount of $2,305,834.92, plus costs of suit. ? Judgment for Defendant(s) and against Plaintiff(s). ? Order of Decree in favor of ro Par 97 Dated: 54V - N1 '_ZQ51yF By: Deputy Clerk TO: Shaull's Choice Development, LLC 8945 Guilford Road, Suite 100 Columbia, MD 21046 27518951 -ft ORIGNAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: THE COLUMBIA BANK, V. SHAULL'S CHOICE DEVELOPMENT, LLC, ® Confessed Judgment . ? Other j File No. ?tifi?K Plaintiff Amount Due ?,3d J? ?3 `f . 1.Z 5 TO Interest : Atty's Comm Defendant : Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) 765 East Lisburn Road, Cumberland County, PA PRAECIPE FOR ATTACEMIENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate defen t(s described in the attached exhibit. Date ( O Signature: PrintNarne: Scott F. La dis, Esquire Address: 126 East King Street Lancaster. PA 17602 Attorney for: The Columbia Bank Telephone: 717.299.5201 Supreme court ID No: 69798 RLED-O< 'LICE OF THIP' PPP` n,NOTARY 2009 NOY 24 A 9: 54 cutl . JUN IY v,* r L L `N DESCRIPTION of a 174.493 acre parcel of land located in the Township of Upper Allen, County of Cumberland, State of Pennsylvania in accordance with a plan entitled Holder Farm Survey, dated March 15, 2006. Said 174.493 acre parcel being more fully described as follows: BEGINNING AT A POINT, said point being located in the center of the intersection of Lisburn Road (S.R. 0114) and Klinedinst Road; thence in and along Lisburn Road (S.R. 0114), North 75 degrees 32 minutes 59 seconds West, a distance of 289.41 feet to a point; thence leaving Lisburn Road (S.R. 0114) along the western line of lands now or formerly of Michael J. and Christine L. Brill as recorded in Deed Book 254, Page 935, South 07 degrees 02 minutes 15 seconds West, a distance of 310.00 feet to an iron pin; thence along lands now or formerly of Michael J. and Christine L. Brill, lands now or formerly of Ryan K. Renshaw as recorded in Deed Book 134, Page 1114, and lands now or formerly of Douglas A. and Holly A. Miller as recorded in Deed Book 176, Page 602, South 04 degrees 26 minutes 18 seconds East, a distance of 964.51 feet to an iron pin at the northeast corner of lands now or formerly of Deborah M. Welsh and Brad E. Hollinger as recorded in Deed Book 184, Page 1015; thence along lands now or formerly of Deborah M. Welsh and Brad E. Hollinger, lands now or formerly of Gary L. and Dorothy Nalbandian as recorded in Deed Book 52, Page 7, and lands now or formerly of Mann Realty Associates, Inc. as recorded in Deed Book 84, Page 46, North 88 degrees 53 minutes 05 seconds West, a distance of 1,556.02 feet to a concrete monument at the southeast corner of lands now or formerly of Pat B. and David R. Bowman as recorded in Deed Book 211, Page 298; thence along lands now or formerly of Pat B. and David R. Bowman, North 19 degrees 26 minutes 45 seconds West, a distance of 503.11 feet to a concrete monument; thence along lands now or formerly of Pat B. and David R. Bowman, crossing Lisburn Road (S.R. 0114), and along lands now or formerly of Eugene L. and Karen E. Kennedy as recorded in Deed Book P-30, Page 1004, North 62 degrees 00 minutes 17 seconds West, a distance of 1,125.91 feet to a point; thence continuing along lands now or formerly of Eugene L. and Karen E. Kennedy, North 64 degrees 01 minutes 17 seconds West, a distance of 214.11 feet to an iron pin on the eastern right-of-way for Norfolk Southern Railroad; thence along the eastern right-of-way for Norfolk Southern Railroad, North 41 degrees 59 minutes 18 seconds East, a distance of 1,280.86 feet to a point; thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 41 degrees 58 minutes 29 seconds East, a distance of 237.52 feet to a point; thence continuing along the eastern right- of-way for Norfolk Southern Railroad, along a non-tangent curve to the left having a radius of 3,412.50 feet, an arc length of 819.50 feet, a chord bearing of North 35 degrees 06 minutes 44 seconds East, and a chord distance of 817.53 feet to a point; thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 28 degrees 13 minutes 57 seconds East, a distance of 1,282.75 feet to a rail monument at the southwest corner of lands now or formerly of Roy S., Jr. and Ellen R. Ney as recorded in Deed Book 55, Page 21; thence along lands now or formerly of Roy S., Jr. and Ellen R. Ney, South 75 degrees 32 minutes 47 seconds East, a distance of 595.13 feet to an iron pin; thence continuing along lands now or formerly of Roy S., Jr. and Ellen R. Ney and along the northwestern line of lands now or formerly of James N., Sr. and Kathryn A. Voltz as recorded in Deed Book 161, Page 483, South 45 degrees 40 minutes 10 2752931.1 ob seconds West, a distance of 681.95 feet to a point in the southeast corner of the intersection of Hertzler Road and Klinedinst Road; thence along lands now or formerly of James N., Sr. and Kathryn A. Voltz, lands now or formerly of James Smarilli as recorded in Deed Book M-33, Page 37, and lands now or formerly of Michael B. and Connie Leigh Volk as recorded in Deed Book 248, Page 2645, South 49 degrees 50 minutes 52 seconds East, a distance of 727.36 feet to a point; thence continuing along lands now or formerly of Michael B. and Connie Leigh Volk and lands now or formerly of Paula J. Duffie and Karen R. Liebel, South 53 degrees 08 minutes 51 seconds East, a distance of 671.77 feet to an iron pipe at the northwest corner of lands now or formerly of Norma E. Asper Steager as recorded in Deed Book 300, Page 586; thence along lands now or formerly of Norma E. Asper Steager, South 52 degrees 57 minutes 31 seconds East, a distance of 1,063.51 feet to a point at the northwest corner of lands now or formerly of George M. and Loreena Von Neida as recorded in Deed Book 266, Page 4735; thence along lands now or formerly of George M. and Loreena Von Neida, South 55 degrees 37 minutes 40 seconds East, a distance of 71.87 feet to a point on the northern line of lands now or formerly of Esther M. Klinedinst as recorded in Deed Book 0-15, Page 1; thence along lands now or formerly of Esther M. Klinedinst, South 75 degrees 09 minutes 25 seconds West, a distance of 1,219.78 feet to a point in the center of Klinedinst Road; thence in and along the Klinedinst Road, South 22 degrees 11 minutes 26 seconds East, a distance of 396.08 feet to a point, the POINT OF BEGINNING. CONTAINING: 7,600,905 square feet or 174.493 acres of land. Tax Parcel No.: 42-11-0272-140 BEING THE SAME PREMISES which Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder, by deed dated April 20, 2006 and recorded June 5, 2006 in the Recorder of Deeds Office, in and for Cumberland County, Pennsylvania in Deed Book 274, Page 4622, granted and conveyed unto Shaull's Choice Development, LLC, its successors and assigns. EXCEPTING THEREFROM, PREMISES which Shaull's Choice Development, LLC conveyed to Hollinger Development Il, LLC, by deed dated February 1, 2008 and recorded on February 5, 2008 in Instrument No. 200803533. SEIZED IN EXECUTION as the property of Shaull's Choice Development, LLC on Judgment No. 2752931.1 (0 RI FD-4,FFiCE OF THE 7, } !1TA?y 2009 NOY 24 All 9: 54 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-8159 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due The Columbia Bank Plaintiff (s) From Shaull's Choice Development, LLC (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 $2,305,834.92 Interest Atty's Comm % Atty Paid $55.50 Plaintiff Paid Date: November 24, 2009 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs Curtis R. Long, Prothonotar AAA-, By: D?G?,c, l _ol;? U/! Deputy REQUESTING PARTY: Name Scott F. Landis, Esq. Address: 126 East King Street Lancaster, PA 17602 Attorney for: Plaintiff Telephone: 717-299-5201 Supreme Court ID No. 69798 46 ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant I certify that COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff No. CERTIFICATION (a) This praecipe is based upon a judgment entered by confession, and (b) Notice will be served with the Writ of Execution pursuant to Rule 2958.2. Date: it I --V BARLEY SNY ER LLC By: t andi , Esquire Court I.D. No. 69798 Attorneys for Plaintiff, The Columbia Bank 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 2752931.1 • DESCRIPTION of a 174.493 acre parcel of land located in the Township of Upper Allen, County of Cumberland, State of Pennsylvania in accordance with a plan entitled Holder Farm Survey, dated March 15, 2006. Said 174.493 acre parcel being more fully described as follows: BEGINNING AT A POINT, said point being located in the center of the intersection of Lisburn Road (S. R. 0114) and Klinedinst Road; thence in and along Lisburn Road (S. R. 0114), North 75 degrees 32 minutes 59 seconds West, a distance of 289.41 feet to a point; thence leaving Lisburn Road (S.R. 0114) along the western line of lands now or formerly of Michael J. and Christine L. Brill as recorded in Deed Book 254, Page 935, South 07 degrees 02 minutes 15 seconds West, a distance of 310.00 feet to an iron pin; thence along lands now or formerly of Michael J. and Christine L. Brill, lands now or formerly of Ryan K. Renshaw as recorded in Deed Book 134, Page 1114, and lands now or formerly of Douglas A. and Holly A. Miller as recorded in Deed Book 176, Page 602, South 04 degrees 26 minutes 18 seconds East, a distance of 964.51 feet to an iron pin at the northeast corner of lands now or formerly of Deborah M. Welsh and Brad E. Hollinger as recorded in Deed Book 184, Page 1015; thence along lands now or formerly of Deborah M. Welsh and Brad E. Hollinger, lands now or formerly of Gary L. and Dorothy Nalbandian as recorded in Deed Book 52, Page 7, and lands now or formerly of Mann Realty Associates, Inc. as recorded in Deed Book 84, Page 46, North 88 degrees 53 minutes 05 seconds West, a distance of 1,556.02 feet to a concrete monument at the southeast corner of lands now or formerly of Pat B. and David R. Bowman as recorded in Deed Book 211, Page 298; thence along lands now or formerly of Pat B. and David R. Bowman, North 19 degrees 26 minutes 45 seconds West, a distance of 503.11 feet to a concrete monument; thence along lands now or formerly of Pat B. and David R. Bowman, crossing Lisburn Road (S.R. 0114), and along lands now or formerly of Eugene L. and Karen E. Kennedy as recorded in Deed Book P-30, Page 1004, North 62 degrees 00 minutes 17 seconds West, a distance of 1,125.91 feet to a point; thence continuing along lands now or formerly of Eugene L. and Karen E. Kennedy, North 64 degrees 01 minutes 17 seconds West, a distance of 214.11 feet to an iron pin on the eastern right-of-way for Norfolk Southern Railroad; thence along the eastern right-of-way for Norfolk Southern Railroad, North 41 degrees 59 minutes 18 seconds East, a distance of 1,280.86 feet to a point; thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 41 degrees 58 minutes 29 seconds East, a distance of 237.52 feet to a point; thence continuing along the eastern right- of-way for Norfolk Southern Railroad, along a non-tangent curve to the left having a radius of 3,412.50 feet, an arc length of 819.50 feet, a chord bearing of North 35 degrees 06 minutes 44 seconds East, and a chord distance of 817.53 feet to a point; thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 28 degrees 13 minutes 57 seconds East, a distance of 1,282.75 feet to a rail monument at the southwest corner of lands now or formerly of Roy S., Jr. and Ellen R. Ney as recorded in Deed Book 55, Page 21; thence along lands now or formerly of Roy S., Jr. and Ellen R. Ney, South 75 degrees 32 minutes 47 seconds East, a distance of 595.13 feet to an iron pin; thence continuing along lands now or formerly of Roy S., Jr. and Ellen R. Ney and along the northwestern line of lands now or formerly of James N., Sr. and Kathryn A. Voltz as recorded in Deed Book 161, Page 483, South 45 degrees 40 minutes 10 2752931.1 . , 14b. seconds West, a distance of 681.95 feet to a point in the southeast corner of the intersection of Hertzler Road and Klinedinst Road; thence along lands now or formerly of James N., Sr. and Kathryn A. Voltz, lands now or formerly of James Smarilli as recorded in Deed Book M-33, Page 37, and lands now or formerly of Michael B. and Connie Leigh Volk as recorded in Deed Book 248, Page 2645, South 49 degrees 50 minutes 52 seconds East, a distance of 727.36 feet to a point; thence continuing along lands now or formerly of Michael B. and Connie Leigh Volk and lands now or formerly of Paula J. Duffle and Karen R. Liebel, South 53 degrees 08 minutes 51 seconds East, a distance of 671.77 feet to an iron pipe at the northwest corner of lands now or formerly of Norma E. Asper Steager as recorded in Deed Book 300, Page 586; thence along lands now or formerly of Norma E. Asper Steager, South 52 degrees 57 minutes 31 seconds East, a distance of 1,063.51 feet to a point at the northwest corner of lands now or formerly of George M. and Loreena Von Neida as recorded in Deed Book 266, Page 4735; thence along lands now or formerly of George M. and Loreena Von Neida, South 55 degrees 37 minutes 40 seconds East, a distance of 71.87 feet to a point on the northern line of lands now or formerly of Esther M. Klinedinst as recorded in Deed Book 0-15, Page 1; thence along lands now or formerly of Esther M. Klinedinst, South 75 degrees 09 minutes 25 seconds West, a distance of 1,219.78 feet to a point in the center of Klinedinst Road; thence in and along the Klinedinst Road, South 22 degrees 11 minutes 26 seconds East, a distance of 396.08 feet to a point, the POINT OF BEGINNING. CONTAINING: 7,600,905 square feet or 174.493 acres of land. Tax Parcel No.: 42-11-0272-140 BEING THE SAME PREMISES which Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder, by deed dated April 20, 2006 and recorded June 5, 2006 in the Recorder of Deeds Office, in and for Cumberland County, Pennsylvania in Deed Book 274, Page 4622, granted and conveyed unto Shaull's Choice Development, LLC, its successors and assigns. EXCEPTING THEREFROM, PREMISES which Shaull's Choice Development, LLC conveyed to Hollinger Development II, LLC, by deed dated February 1, 2008 and recorded on February 5, 2008 in Instrument No. 200803533. SEIZED IN EXECUTION as the property of Shaull's Choice Development, LLC on Judgment No. 2752931.1 CF THE r, ?'%0TARY 2009 NOV 24 AM 9: 5 4 A ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff No. 6)i'` ?JS y' 44J SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 The Columbia Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 765 East Lisburn Road, Cumberland County, Pennsylvania. Name and address of owner(s) or reputed owner(s): Shaull's Choice Development, LLC 7168 Columbia Gateway, Suite 100 Columbia, MD 21046 2. Name and address of defendant(s) in the judgment: Shaull's Choice Development, LLC 7168 Columbia Gateway, Suite 100 Columbia, MI) 21046 2752931.1 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: The Columbia Bank 7168 Columbia Gateway Drive Columbia, MD 21046 CMX, Inc. 910 Century Drive Mechanicsburg, PA 17055 Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder c/o Timothy J. Nieman, Esquire Rhoads & Sinon LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 4. Name and address of the last recorded holder of every mortgage of record: The Columbia Bank 7168 Columbia Gateway Drive Columbia, MD 21046 Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder c/o Timothy J. Nieman, Esquire Rhoads & Sinon LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Chesapeake Fifth Avenue Partners, LLC 456 Main Street Reisterstown, MD 21136 2752931.1 5. Name and address of every other person who has any record lien on the property: None. 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: None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Old Courthouse Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. Of Revenue Bureau of Compliance 7th Floor Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 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 2752931.1 made subject to the penalties of 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Sc F. Landi , s q u i Court I.D. No. 69798 Plaintiff's Attorney 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 2752931.1 A DESCRIPTION of a 174.493 acre parcel of land located in the Township of Upper Allen, County of Cumberland, State of Pennsylvania in accordance with a plan entitled Holder Farm Survey, dated March 15, 2006. Said 174.493 acre parcel being more fully described as follows: BEGINNING AT A POINT, said point being located in the center of the intersection of Lisburn Road (S.R. 0114) and Klinedinst Road; thence in and along Lisburn Road (S.R. 0114), North 75 degrees 32 minutes 59 seconds West, a distance of 289.41 feet to a point; thence leaving Lisburn Road (S.R. 0114) along the western line of lands now or formerly of Michael J. and Christine L. Brill as recorded in Deed Book 254, Page 935, South 07 degrees 02 minutes 15 seconds West, a distance of 310.00 feet to an iron pin; thence along lands now or formerly of Michael J. and Christine L. Brill, lands now or formerly of Ryan K. Renshaw as recorded in Deed Book 134, Page 1114, and lands now or formerly of Douglas A. and Holly A. Miller as recorded in Deed Book 176, Page 602, South 04 degrees 26 minutes 18 seconds East, a distance of 964.51 feet to an iron pin at the northeast corner of lands now or formerly of Deborah M. Welsh and Brad E. Hollinger as recorded in Deed Book 184, Page 1015; thence along lands now or formerly of Deborah M. Welsh and Brad E. Hollinger, lands now or formerly of Gary L. and Dorothy Nalbandian as recorded in Deed Book 52, Page 7, and lands now or formerly of Mann Realty Associates, Inc. as recorded in Deed Book 84, Page 46, North 88 degrees 53 minutes 05 seconds West, a distance of 1,556.02 feet to a concrete monument at the southeast corner of lands now or formerly of Pat B. and David R. Bowman as recorded in Deed Book 211, Page 298; thence along lands now or formerly of Pat B. and David R. Bowman, North 19 degrees 26 minutes 45 seconds West, a distance of 503.11 feet to a concrete monument; thence along lands now or formerly of Pat B. and David. R. Bowman, crossing Lisburn Road (S.R. 0114), and along lands now or formerly of Eugene L. and Karen E. Kennedy as recorded in Deed Book P-30, Page 1004, North 62 degrees 00 minutes 17 seconds West, a distance of 1,125.91 feet to a point; thence continuing along lands now or formerly of Eugene L. and Karen E. Kennedy, North 64 degrees 01 minutes 17 seconds West, a distance of 214.11 feet to an iron pin on the eastern right-of-way for Norfolk Southern Railroad; thence along the eastern right-of-way for Norfolk Southern Railroad, North 41 degrees 59 minutes 18 seconds East, a distance of 1,280.86 feet to a point; thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 41 degrees 58 minutes 29 seconds East, a distance of 237.52 feet to a point; thence continuing along the eastern right- of-way for Norfolk Southern Railroad, along a non-tangent curve to the left having a radius of 3,412.50 feet, an arc length of 819.50 feet, a chord bearing of North 35 degrees 06 minutes 44 seconds East, and a chord distance of 817.53 feet to a point; thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 28 degrees 13 minutes 57 seconds East, a distance of 1,282.75 feet to a rail monument at the southwest corner of lands now or formerly of Roy S., Jr. and Ellen R. Ney as recorded in Deed Book 55, Page 21; thence along lands now or formerly of Roy S., Jr. and Ellen R. Ney, South 75 degrees 32 minutes 47 seconds East, a distance of 595.13 feet to an iron pin; thence continuing along lands now or formerly of Roy S., Jr. and Ellen R. Ney and along the northwestern line of lands now or formerly of James N., Sr. and Kathryn A. Voltz as recorded in Deed Book 161, Page 483, South 45 degrees 40 minutes 10 2752931.1 seconds West, a distance of 681.95 feet to a point in the southeast corner of the intersection of Hertzler Road and Klinedinst Road; thence along lands now or formerly of James N., Sr. and Kathryn A. Voltz, lands now or formerly of James Smarilli as recorded in Deed Book M-33, Page 37, and lands now or formerly of Michael B. and Connie Leigh Volk as recorded in Deed Book 248, Page 2645, South 49 degrees 50 minutes 52 seconds East, a distance of 727.36 feet to a point; thence continuing along lands now or formerly of Michael B. and Connie Leigh Volk and lands now or formerly of Paula J. Duffle and Karen R. Liebel, South 53 degrees 08 minutes 51 seconds East, a distance of 671.77 feet to an iron pipe at the northwest corner of lands now or formerly of Norma E. Asper Steager as recorded in Deed Book 300, Page 586; thence along lands now or formerly of Norma E. Asper Steager, South 52 degrees 57 minutes 31 seconds East, a distance of 1,063.51 feet to a point at the northwest corner of lands now or formerly of George M. and Loreena Von Neida as recorded in Deed Book 266, Page 4735; thence along lands now or formerly of George M. and Loreena Von Neida, South 55 degrees 37 minutes 40 seconds East, a distance of 71.87 feet to a point on the northern line of lands now or formerly of Esther M. Klinedinst as recorded in Deed Book 0-15, Page 1; thence along lands now or formerly of Esther M. Klinedinst, South 75 degrees 09 minutes 25 seconds West, a distance of 1,219.78 feet to a point in the center of Klinedinst Road; thence in and along the Klinedinst Road, South 22 degrees 11 minutes 26 seconds East, a distance of 396.08 feet to a point, the POINT OF BEGINNING. CONTAINING: 7,600,905 square feet or 174.493 acres of land. Tax Parcel No.: 42-11-0272-140 BEING THE SAME PREMISES which Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder, by deed dated April 20, 2006 and recorded June 5, 2006 in the Recorder of Deeds Office, in and for Cumberland County, Pennsylvania in Deed Book 274, Page 4622, granted and conveyed unto Shaull's Choice Development, LLC, its successors and assigns. EXCEPTING THEREFROM, PREMISES which Shaull's Choice Development, LLC conveyed to Hollinger Development II, LLC, by deed dated February 1, 2008 and recorded on February 5, 2008 in Instrument No. 200803533. SEIZED IN EXECUTION as the property of Shaull's Choice Development, LLC on Judgment No. 2752931.1 OF ?N` ppo-i `n TIR1iY 2009 NOY 24 AM 9: 54 CUNILL- 'A. ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS To: Shaull's Choice Development, LLC A judgment in the amount of $2,305,834.92, plus costs of suit, 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 sheriffs sale has been scheduled for March 3, 2010. You may have legal rights to defeat the judgment or to prevent or delay the sheriffs sale. 2752931.1 , 4. 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. 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 LISTED 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, PA 17013 717.249.3166 BARLEY SNYDER LLC By• _ co . L s, Esquir Court I.D. No. 69798 Attorneys for Plaintiff, The Columbia Bank 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 2752931.1 r ?hr DESCRIPTION of a 174.493 acre parcel of land located in the Township of Upper Allen, County of Cumberland, State of Pennsylvania in accordance with a plan entitled Holder Farm Survey, dated March 15, 2006. Said 174.493 acre parcel being more fully described as follows: BEGINNING AT A POINT, said point being located in the center of the intersection of Lisburn Road (S.R. 0114) and Klinedinst Road; thence in and along Lisburn Road (S.R. 0114), North 75 degrees 32 minutes 59 seconds West, a distance of 289.41 feet to a point; thence leaving Lisburn Road (S.R. 0114) along the western line of lands now or formerly of Michael J. and Christine L. Brill as recorded in Deed Book 254, Page 935, South 07 degrees 02 minutes 15 seconds West, a distance of 310.00 feet to an iron pin; thence along lands now or formerly of Michael J. and Christine L. Brill, lands now, or formerly of Ryan K. Renshaw as recorded in Deed Book 134, Page 1114, and lands now or formerly of Douglas A. and Holly A. Miller as recorded in Deed Book 176, Page 602, South 04 degrees 26 minutes 18 seconds East, a distance of 964.51 feet to an iron pin at the northeast corner of lands now or formerly of Deborah M. Welsh and Brad E. Hollinger as recorded in Deed Book 184, Page 1015; thence along lands now or formerly of Deborah M. Welsh and Brad E. Hollinger, lands now or formerly of Gary L. and Dorothy Nalbandian as recorded in Deed Book 52, Page 7, and lands now or formerly of Mann Realty Associates, Inc. as recorded in Deed Book 84, Page 46, North 88 degrees 53 minutes 05 seconds West, a distance of 1,556.02 feet to a concrete monument at the southeast corner of lands now or formerly of Pat B. and David R. Bowman as recorded in Deed Book 211, Page 298; thence along lands now or formerly of Pat B. and David R. Bowman, North 19 degrees 26 minutes 45 seconds West, a distance of 503.11 feet to a concrete monument; thence along lands now or formerly of Pat B. and David R. Bowman, crossing Lisburn Road (S. R. 0114), and along lands now or formerly of Eugene L. and Karen E. Kennedy as recorded in Deed Book P-30, Page 1004, North 62 degrees 00 minutes 17 seconds West, a distance of 1,125.91 feet to a point; thence continuing along lands now or formerly of Eugene L. and Karen E. Kennedy, North 64 degrees 01 minutes 17 seconds West, a distance of 214.11 feet to an iron pin on the eastern right-of-way for Norfolk Southern Railroad; thence along the eastern right-of-way for Norfolk Southern Railroad, North 41 degrees 59 minutes 18 seconds East, a distance of 1,280.86 feet to a point; thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 41 degrees 58 minutes 29 seconds East, a distance of 237.52 feet to a point; thence continuing along the eastern right- of-way for Norfolk Southern Railroad, along a non-tangent curve to the left having a radius of 3,412.50 feet, an arc length of 819.50 feet, a chord bearing of North 35 degrees 06 minutes 44 seconds East, and a chord distance of 817.53 feet to a point; thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 28 degrees 13 minutes 57 seconds East, a distance of 1,282.75 feet to a rail monument at the southwest corner of lands now or formerly of Roy S., Jr. and Ellen R. Ney as recorded in Deed Book 55, Page 21; thence along lands now or formerly of Roy S., Jr. and Ellen R. Ney, South 75 degrees 32 minutes 47 seconds East, a distance of 595.13 feet to an iron pin; thence continuing along lands now or formerly of Roy S., Jr. and Ellen R. Ney and along the northwestern line of lands now or formerly of James N., Sr. and Kathryn A. Voltz as recorded in Deed Book 161, Page 483, South 45 degrees 40 minutes 10 2752931.1 seconds West, a distance of 681.95 feet to a point in the southeast corner of the intersection of Hertzler Road and Klinedinst Road; thence along lands now or formerly of James N., Sr. and Kathryn A. Voltz, lands now or formerly of James Smarilli as recorded in Deed Book M-33, Page 37, and lands now or formerly of Michael B. and Connie Leigh Volk as recorded in Deed Book 248, Page 2645, South 49 degrees 50 minutes 52 seconds East, a distance of 727.36 feet to a point; thence continuing along lands now or formerly of Michael B. and Connie Leigh Volk and lands now or formerly of Paula J. Duffie and Karen R. Liebel, South 53 degrees 08 minutes 51 seconds East, a distance of 671.77 feet to an iron pipe at the northwest corner of lands now or formerly of Norma E. Asper Steager as recorded in Deed Book 300, Page 586; thence along lands now or formerly of Norma E. Asper Steager, South 52 degrees 57 minutes 31 seconds East, a distance of 1,063.51 feet to a point at the northwest corner of lands now or formerly of George M. and Loreena Von Neida as recorded in Deed Book 266, Page 4735; thence along lands now or formerly of George M. and Loreena Von Neida, South 55 degrees 37 minutes 40 seconds East, a distance of 71.87 feet to a point on the northern line of lands now or formerly of Esther M. Klinedinst as recorded in Deed Book 0-15, Page 1; thence along lands now or formerly of Esther M. Klinedinst, South 75 degrees 09 minutes 25 seconds West, a distance of 1,219.78 feet to a point in the center of Klinedinst Road; thence in and along the Klinedinst Road, South 22 degrees 11 minutes 26 seconds East, a distance of 396.08 feet to a point, the POINT OF BEGINNING. CONTAINING: 7,600,905 square feet or 174.493 acres of land. Tax Parcel No.: 42-11-0272-140 BEING THE SAME PREMISES which Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder, by deed dated April 20, 2006 and recorded June 5, 2006 in the Recorder of Deeds Office, in and for Cumberland County, Pennsylvania in Deed Book 274, Page 4622, granted and conveyed unto Shaull's Choice Development, LLC, its successors and assigns. EXCEPTING THEREFROM, PREMISES which Shaull's Choice Development, LLC conveyed to Hollinger Development 11, LLC, by deed dated February 1, 2008 and recorded on February 5, 2008 in Instrument No. 200803533. SEIZED IN EXECUTION as the property of Shaull's Choice Development, LLC on Judgment No. 2752931.1 'MOTARY 2009 NOY 24 AM 9: S4 CUP?r}? _ '"i'?f F :l 'E' N BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 No. 09-8159 ~ N o -" ` t ~ - d t t n, i~ ~` ~ ~~ (i ,` ~ t.~ Jr r- ~~,~ .- _._ -~< Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, v. Plaintiff SHAULL' S CHOICE DEVELOPMENT, LLC, Defendant No. 09-8159 CIVIL PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ss. Jeanne Rachor, Paralegal, being sworn according to law, deposes and says that she served a true and correct copy of the Notice of Sheriff s Sale, by mailing same to the parties on the attached sheet by First Class Mail with Postal Form 3817 attached on January 20, 2010 at 5:00 p.m. BARLEY SNYDER LLC Sworn t and subscribed before me this ~ day of January, 2010. Notary Public 2808135_] ~1 /~ Jea Rachor, Paralegal 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 COMMONWEALTH OF PENNSYLVANLI Nobxlai Seal Jollnn F. DlNoway, Notary Pubik CKy of Lancaster, ~anrasoer Cou rfi~ ComnMesbn Oec. 15, mi3 Member. Pennsylvania AssOdatlon of Notaries No. 09-8159 The Columbia Bank 7168 Columbia Gateway Drive Columbia, MD 21046 CMX, Inc. 910 Century Drive Mechanicsburg, PA 17055 Chesapeake Fifth Avenue Partners, LLC 456 Main Street Reisterstown, MD 21136 Mary Holder Holtzman et al. c/o Timothy J. Nieman, Esquire Rhoads & Sinon LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Cumberland County Tax Claim Bureau One Courthouse Square Old Courthouse Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 71h Floor, Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 2808135_1 2 UN/TED57i0Tg -----_ ~` Cerfificate Of This Certificate of Maimg providAS evidence #iat foal hag been presentetltd USPS*z This iomrme• ~ __ Fr~,~: Barley Snyder LLC (JLR) - 126 East King Street ~ = Lancaster, PA 17602 - G tee: The Columbia Bank 7168 Columbia Gateway Drive Columbia, MD 21046 "'~'- - PSForm 3$17, April 2007 PSN 753p-02-000-9065 ~~. ~ ~ Jh0.t~.II S laiiin . ~, ~: G T ti . t ,~ ( ~ I I ~ ~ ~ I ~ ~ 3 ~ N I I I F ~ ~ d ~ " x~ 3 ~. C. I O Harper ~ ? W. I ~ V ) O ( ~ o ~ 5 0 ~ N O .., ~ c-+ .r ~ ~{~, 7~~ N ~ ~ °-O ~ °'3 x ~ °~ ~ Q ~ r O ~ :.~ No ~ ~~R°~n. ran ~ `C °~ ,.` -' (~ o V D~~o~~ ~ ~~ s ~~ N .., -+ ~ O ~ cn = ~r~~N o - ~ ate, ~ ~, e D ~ ° Cal m ~i~ o i w ~ a N ,n d ~ ~ ~ ~ `~ ,~ ~ r r. t~r rn ° ~ y v C~ s ~' o. ~ ~p,NCA S N ~ ^~, : n ~' ~ r t ~ ~ ~ ~ ~ S ~ - ~/~ C tC7 g 6t ~ S V' _ r F ~. ~'~ ~ ~~~. ~- ^ ~~ V J s ~~ uNrxTd7FS rn5 ~~emfi,,,~ ~ »,~ md, ~~ Certificate Of N This 'ormm Barley Snyder LLC (JLR) ~~. from: - 126 East King Street _ -Lancaster, PA 1760 R D i (~~~ fry - Q- ' (5 ~24~~a~ To: _._._ CMX, Inc. Z 910 Centu ~ ry Drive r - Mechanicsburg, pA 17055 -- U S" a PS Form 3.$17 April 2007 PSN 7530-02-Opp-9065 uwrrFVS-xrEs ~'~'_ Certificate Of M This Certificate of Marling. provides evidence the mail hasp Gees presented to USPS®fo This form r - ~ - - - - From_ Barley Snyder LLC (JLR) 126 East King Street ~ D Tiles' Lancaster, PA 17602 ~~~``, '° _ Chesapeake Fifth Avenue P~ 456 Main Street =Reisterstown, MD 21136 PS Farm 3817, April 2007 PSN 7530-02-000-9065 O QI o W ~ o u~ _ r N F- ~ N °O tL ~ O ~ ~ ~~ O ~ aagspy N ~ ~ ~ ~ , ~ ! O ;: Q O c N F-- N t' O o N = ~'. ~ O N ~. a r ~ i~ ~ ~~ ~ i i f i 016H26509013 ~Q1.15o Oi/20/2010 Mailed From 37602 US POSTAGE s h ~u1(S _ __. 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Of Revenue LISPS aaM~pH ~„ -Bureau of Compliance J _ 7th Floor k ': ',, ~ Strawberry Square 9~'r -Harrisburg, PA 17128-0101 ~~ ~ PS ~ortn 3817, April 2007 PSN 7530-02-OOfk90B5 ~ • . _ __ _ _. ~ , 1 _ uN~asrar~s `' Certtftcate Of M co N W This CeNfica~ .._:~:.._ ..__ .:..:...........w..w....a~~~a~ ti ,.ems.,. rtcoM9-n: ~ ~ ~ p CQD thts roan m' m~ ~•~~~ ~ 1 /1 r- ~ From= Barley Snyder LLC (JLR) ° r" N ~' a.. - 126 East King Street psT ~~ d N r-= N o p - Lancaster, PA 17602 Z~' ~' O T ~ °' - Q ~ ° 6F~ ° ",~ to ~ `~2 ~ . g ~ j 0 ~~Q ! r°~ Internal Revenue Service ~ aa~S~H - Federated Investors Tower GS p S ~ -Thirteenth Floor, Suite 1300 ~" -~ - 1001 Liberty Avenue ~ ' ~~ ~ -Pittsburgh, PA 1.5222 ' -~ FS Forrrr 3817, April 2007 PSN 7530-02-000-9U65 ~~ ' ,f f Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,~,,,;: , tXFf iGE d~F SF~ SHERIFF T~ - , ` r _ .~ ?' a?ol D ~v(r ~ Pln ~ot;,~ . r Vidti: ~r, r': ~ ~ z ~ `~: L: Columbia Bank The vs. Shaulls Choice Development LLC Case Number 2009-8159 SHERIFF'S RETURN OF SERVICE 12/22/2009 05:05 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2009 at 1705 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shaulls Chioce Development, LLC, located at, 765 East Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 02/25/2010 PROPERTY SALE POSTPONED TO 6/2/2010. 04/16/2010 Received additional Notice of Sheriffs sale from Attorney Landis this date, with court order and instructions to serve defendant by posting property per court order. 04/30/2010 Ronny R. Anderson, Sheriff, who being duly swom according to law, states he served the above Real Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested to the within named defendant to wit: SHAULLS CHOICE DEVELOPMENT LLC, to their last known address of, 1120 Benfield Boulevard, Suite C, Millersville, MD 211108. The unopened item was returned UNCLAIMED, on 3/1/10. 04/30/2010 Michelle Gutshall, Deputy Sheriff, who being duly swom according to law, states that on 4/28/10 at 1035 hours, she served a true copy of the within Reat Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Shaulls Choice Development, LLC, by posting property at 765 East Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania pursuant to Court Order. 06/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Scott F. Landis, on behalf of The Columbia Bank, 7168 Gateway Drive, Columbia, MD 21046, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 2,161.51 SHERIFF COST: $2,161.51 SO ANSWERS, July 29, 2010 RON R ANDERSON, SHERIFF ~lg•Do ~c_ ~ . . S~ ~~r- /]~'- ~~~os/ (c) CountySuite Sheriff. Teleosoft, Inc, "- ' - " ~ ~~ /~•J ti C~Op~ BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, v. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. ~ ~ .. ~l S`1 C~~ ~ ~ AFFIDAVIT PURSUANT TO RULE 3129.1 The Columbia Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 765 East Lisburn Road, Cumberland County, Pennsylvania. 1. Name and address of owner(s) or reputed owner(s): Shaun's Choice Development, LLC 7168 Columbia Gateway, Suite 100 Columbia, MD 21046 2. Name and address of defendant(s) in the judgment: Shaun's Choice Development, LLC 7168 Columbia Gateway, Suite 100 Columbia, MD 21046 2752931.1 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: The Columbia Bank 7168 Columbia Gateway Drive Columbia, MD 21046 CMX, Inc. 910 Century Drive Mechanicsburg, PA 17055 Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder c/o Timothy J. Nieman, Esquire Rhoads &Sinon LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 4. Name and address of the last recorded holder of every mortgage of record: The Columbia Bank 7168 Columbia Gateway Drive Columbia, MD 21046 Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder c/o Timothy J. Nieman, Esquire Rhoads &Sinon LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Chesapeake Fifth Avenue Partners, LLC 456 Main Street Reisterstown, MD 21136 2752931.1 5. Name and address of every other person who has any record lien on the property: None. 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: None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Old Courthouse Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. Of Revenue Bureau of Compliance 7th Floor Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 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 2752931.1 made subject to the penalties of 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Sc F. Landi , squi Court I.D. No. 69798 Plaintiff's Attorney 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 2752931.1 DESCRIPTION of a 174.493 acre parcel of land located in the Township of Upper Allen, County of Cumberland, State of Pennsylvania in accordance with a plan entitled Holder Farm Survey, dated March 15, 2006. Said 174.493 acre parcel being more fully described as follows: BEGINNING AT A POINT, said point being located in the center of the intersection of Lisburn Road (S.R. 0114) and Klinedinst Road; thence in and along Lisburn Road (S.R. 0114), North 75 degrees 32 minutes 59 seconds West, a distance of 289.41 feet to a point; thence leaving Lisburn Road (S.R. 0114) along the western line of lands now or formerly of Michael J. and Christine L. Brill as recorded in Deed Book 254, Page 935, South 07 degrees 02 minutes 15 seconds West, a distance of 310.00 feet to an iron pin; thence along lands now or formerly of Michael J. and Christine L. Brill, lands now or formerly of Ryan K. Renshaw as recorded in Deed Book 134, Page 1114, and lands now or formerly of Douglas A. and Holly A. Miller as recorded in Deed Book 176, Page 602, South 04 degrees 26 minutes 18 seconds East, a distance of 964.51 feet to an iron pin at the northeast corner of lands now or formerly of Deborah M. Welsh and Brad E. Hollinger as recorded in Deed Book 184, Page 1015; thence along lands now or formerly of Deborah M. Welsh and Brad E. Hollinger, lands now or formerly of Gary L. and Dorothy Nalbandian as recorded in Deed Book 52, Page 7, and lands now or formerly of Mann Realty Associates, Inc. as recorded in Deed Book 84, Page 46, North 88 degrees 53 minutes OS seconds West, a distance of 1,556.02 feet to a concrete monument at the southeast corner of lands now or formerly of Pat B. and David R. Bowman as recorded in Deed Book 211, Page 298; thence along lands now or formerly of Pat B. and David R. Bowman, North 19 degrees 26 minutes 45 seconds West, a distance of 503.1 1 feet to a concrete monument; thence along lands now or formerly of Pat B. and David. R. Bowman, crossing Lisburn Road (S.R. 0114), and along lands now or formerly of Eugene L. and Karen E. Kennedy as recorded in Deed Book P-30, Page 1004, North 62 degrees 00 minutes 17 seconds West, a distance of 1,125.91 feet to a point; thence continuing along lands now or formerly of Eugene L. and Karen E. Kennedy, North 64 degrees O1 minutes 17 seconds West, a distance of 214.11 feet to an iron pin on the eastern right-of--way for Norfolk Southern Railroad; thence along the eastern right-of--way for Norfolk Southern Railroad, North 41 degrees 59 minutes 18 seconds East, a distance of 1,280.86 feet to a point; thence continuing along the eastern right-of--way line for Norfolk Southern Railroad, North 41 degrees 58 minutes 29 seconds East, a distance of 237.52 feet to a point; thence continuing along the eastern right- of-way for Norfolk Southern Railroad, along anon-tangent curve to the left having a radius of 3,412.50 feet, an arc length of 819.50 feet, a chord bearing of North 35 degrees 06 minutes 44 seconds East, and a chord distance of 817.53 feet to a point; thence continuing along the eastern right-of--way line for Norfolk Southern Railroad, North 28 degrees 13 minutes 57 seconds East, a distance of 1,282.75 feet to a rail monument at the southwest corner of lands now or formerly of Roy S., Jr. and Ellen R. Ney as recorded in Deed Book 55, Page 21; thence along lands now or formerly of Roy S., Jr. and Ellen R. Ney, South 75 degrees 32 minutes 47 seconds East, a distance of 595.13 feet to an iron pin; thence continuing along lands now or formerly of Roy S., Jr. and Ellen R. Ney and along the northwestern line of lands now or formerly of James N., Sr. and Kathryn A. Voltz as recorded in Deed Book 161, Page 483, South 45 degrees 40 minutes 10 2752931.1 seconds West, a distance of 681.95 feet to a point in the southeast corner of the intersection of Hertzler Road and Klinedinst Road; thence along lands now or formerly of James N., Sr. and Kathryn A. Voltz, lands now or formerly of James Smarilli as recorded in Deed Book M-33, Page 37, and lands now or formerly of Michael B. and Connie Leigh Volk as recorded in Deed Book 248, Page 2645, South 49 degrees 50 minutes 52 seconds East, a distance of 727.36 feet to a point; thence continuing along lands now or formerly of Michael B. and Connie Leigh Volk and lands now or formerly of Paula J. Duffie and Karen R. Liebel, South 53 degrees 08 minutes 51 seconds East, a distance of 671.77 feet to an iron pipe at the northwest corner of lands now or formerly of Norma E. Asper Steager as recorded in Deed Book 300, Page 586; thence along lands now or formerly of Norma E. Asper Steager, South 52 degrees 57 minutes 31 seconds East, a distance of 1,063.51 feet to a point at the northwest corner of lands now or formerly of George M. and Loreena Von Neida as recorded in Deed Book 266, Page 4735; thence along lands now or formerly of George M. and Loreena Von Neida, South 55 degrees 37 minutes 40 seconds East, a distance of 71.87 feet to a point on the northern line of lands now or formerly of Esther M. Klinedinst as recorded in Deed Book 0-15, Page 1; thence along lands now or formerly of Esther M. Klinedinst, South 75 degrees 09 minutes 25 seconds West, a distance of 1,219.78 feet to a point in the center of Klinedinst Road; thence in and along the Klinedinst Road, South 22 degrees 11 minutes 26 seconds East, a distance of 396.08 feet to a point, the POINT OF BEGINNING. CONTAINING: 7,600,905 square feet or 174.493 acres of land. Tax Parcel No.: 42-11-0272-140 BEING THE SAME PREMISES which Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder, by deed dated April 20, 2006 and recorded June 5, 2006 in the Recorder of Deeds Office, in and for Cumberland County, Pennsylvania in Deed Book 274, Page 4622, granted and conveyed unto Shaun's Choice Development, LLC, its successors and assigns. EXCEPTING THEREFROM, PREMISES which Shaun's Choice Development, LLC conveyed to Hollinger Development II, LLC, by deed dated February 1, 2008 and recorded on February 5, 2008 in Instrument No. 200803533. SEIZED IN EXECUTION as the property of Shaun's Choice Development, LLC on Judgment No. 2752931.1 ~l~!~~~% BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, v. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. (~ ~ g'l ~ `1 c~ ~ I NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Shaun's Choice Development, LLC 7168 Columbia Gateway, Suite 100 Columbia, MD 21046 Your real estate at 765 East Lisburn Road, Cumberland County, Pennsylvania is scheduled to be sold at Sherifi?s Sale on March 3, 2010 at 10:00 a.m., by the office of the Cumberland County Sheriff in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania to enforce the court judgment of $2,305,834.92, plus costs of suit, obtained by The Columbia Bank, against you. 2752931.1 NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to The Columbia Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Scott F. Landis at (717) 299-5201. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240- 6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at (717) 240-6100. 2752931.1 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on or about April 2, 2010. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after April 2, 2010. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717.249.3166 2752931.1 DESCRIPTION of a 174.493 acre parcel of land located in the Township of Upper Allen, County of Cumberland, State of Pennsylvania in accordance with a plan entitled Holder Farm Survey, dated March 15, 2006. Said 174.493 acre parcel being more fully described as follows: BEGINNING AT A POINT, said point being located in the center of the intersection of Lisburn Road (S.R. 0114) and Klinedinst Road; thence in and along Lisburn Road (S.R. 0114), North 75 degrees 32 minutes 59 seconds West, a distance of 289.41 feet to a point; thence leaving Lisburn Road (S.R. 0114) along the western line of lands now or formerly of Michael J. and Christine L. Brill as recorded in Deed Book 254, Page 935, South 07 degrees 02 minutes 15 seconds West, a distance of 310.00 feet to an iron pin; thence along lands now or formerly of Michael J. and Christine L. Brill, lands now or formerly of Ryan K. Renshaw as recorded in Deed Book 134, Page 1114, and lands now or formerly of Douglas A. and Holly A. Miller as recorded in Deed Book 176, Page 602, South 04 degrees 26 minutes 18 seconds East, a distance of 964.51 feet to an iron pin at the northeast corner of lands now or formerly of Deborah M. Welsh and Brad E. Hollinger as recorded in Deed Book 184, Page 1015; thence along lands now or formerly of Deborah M. Welsh and Brad E. Hollinger, lands now or formerly of Gary L. and Dorothy Nalbandian as recorded in Deed Book 52, Page 7, and lands now or formerly of Mann Realty Associates, Inc. as recorded in Deed Book 84, Page 46, North 88 degrees 53 minutes OS seconds West, a distance of 1,5.56.02 feet to a concrete monument at the southeast corner of lands now or formerly of Pat B. and David R. Bowman as recorded in Deed Book-211, Page 298; thence along lands now or formerly of Pat B. and David R. Bowman, North 19 degrees 26 minutes 45 seconds West, a distance of 503.1 l feet to a concrete monument; thence along lands now or formerly of Pat B. and David R. Bowman, crossing Lisburn Road (S.R. 0114), and along lands now or formerly of Eugene L. and Karen E. Kennedy as recorded in Deed Book P-30, Page 1004, North 62 degrees 00 minutes 17 seconds West, a distance of 1,125.91 feet to a point; thence continuing along lands now or formerly of Eugene L. and Karen E. Kennedy, North 64 degrees O1 minutes 17 seconds West, a distance of 214.11 feet to an iron pin on the eastern right-of--way for Norfolk Southern Railroad; thence along the eastern right-of--way for Norfolk Southern Railroad, North 41 degrees 59 minutes 18 seconds East, a distance of 1,280.86 feet to a point; thence continuing along the eastern right-of--way line for Norfolk Southern Railroad, North 41 degrees 58 minutes 29 seconds East, a distance of 237.52 feet to a point; thence continuing along the eastern right- of-way for Norfolk Southern Railroad, along anon-tangent curve to the left having a radius of 3,412.50 feet, an arc length of 819.50 feet, a chord bearing of North 35 degrees 06 minutes 44 seconds East, and a chord distance of 817.53 feet to a point; thence continuing along the eastern right-of--way line for Norfolk Southern Railroad, North 28 degrees 13 minutes 57 seconds East, a distance of 1,282.75 feet to a rail monument at the southwest corner of lands now or formerly of Roy S., Jr. and Ellen R. Ney as recorded in Deed Book 55, Page 21; thence along lands now or formerly of Roy S., Jr. and Ellen R. Ney, South 75 degrees 32 minutes 47 seconds East, a distance of 595.13 feet to an iron pin; thence continuing along lands now or formerly of Roy S., Jr. and Ellen R. Ney and along the northwestern line of lands now or formerly of James N., Sr. and Kathryn A. Voltz as recorded in Deed Book 161, Page 483, South 45 degrees 40 minutes 10 2752931.1 seconds West, a distance of 681.95 feet to a point in the southeast corner of the intersection of Hertzler Road and Klinedinst Road; thence along lands now or formerly of James N., Sr. and Kathryn A. Voltz, lands now or formerly of James Smarilli as recorded in Deed Book M-33, Page 37, and lands now or formerly of Michael B. and Connie Leigh Volk as recorded in Deed Book 248, Page 2645, South 49 degrees 50 minutes 52 seconds East, a distance of 727.36 feet to a point; thence continuing along lands now or formerly of Michael B. and Connie Leigh Volk and lands now or formerly of Paula J. Duffie and Karen R. Liebel, South 53 degrees 08 minutes 51 seconds East, a distance of 671.77 feet to an iron pipe at the northwest corner of lands now or formerly of Norma E. Asper Steager as recorded in Deed Book 300, Page 586; thence along lands now or formerly of Norma E. Asper Steager, South 52 degrees 57 minutes 31 seconds East, a distance of 1,063.51 feet to a point at the northwest corner of lands now or formerly of George M. and Loreena Von Neida as recorded in Deed Book 266, Page 4735; thence along lands now or formerly of George M. and Loreena Von Neida, South 55 degrees 37 minutes 40 seconds East, a distance of 71.87 feet to a point on the northern line of lands now or formerly of Esther M. Klinedinst as recorded in Deed Book 0-15, Page 1; thence along lands now or formerly of Esther M. Klinedinst, South 75 degrees 09 minutes 25 seconds West, a distance of 1,219.78 feet to a point in the center of Klinedinst Road; thence in and along the Klinedinst Road, South 22 degrees 11 minutes 26 seconds East, a distance of 396.08 feet to a point, the POINT OF BEGINNING. CONTAINING: 7,600,905 square feet or 174.493 acres of land. Tax Parcel No.: 42-11-0272-140 BEING THE SAME PREMISES which Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder, by deed dated April 20, 2006 and recorded June 5, 2006 in the Recorder of Deeds Office, in and for Cumberland County, Pennsylvania in Deed Book 274, Page 4622, granted and conveyed unto Shaun's Choice Development, LLC, its successors and assigns. EXCEPTING THEREFROM, PREMISES which Shaun's Choice Development, LLC conveyed to Hollinger Development II, LLC, by deed dated February 1, 2008 and recorded on February 5, 2008 in Instrument No. 200803533. SEIZED IN EXECUTION as the property of Shaun's Choice Development, LLC on Judgment No. 2752931.1 WRIT OF EXECUTION and/or ATTACHMENT ' . COMMONWEALTH OF PENNSYLVANIA) N009-8159 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due The Columbia Bank Plaintiff (s) From Shaull's Choice Development, LLC (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 $2,305,834.92 L.L.$.50 Interest Atty's Comm Atty Paid $55.50 Plaintiff Paid Date: November 24, 2009 (Seal) REQUESTING PARTY: Name Scott F. Landis, Esq. Address: 126 East King Street Lancaster, PA 17602 Attorney for: Plaintiff Telephone:717-299-5201 Due Prothy $2.00 Other Costs i5 ~ ~~2~1v~ ~`~.,~1i'~r Curtis R. Long, Prothonotary `1 Deputy Supreme Court ID No. 69798 On November 25 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered 765 East Lisburn Road, Mechanicsburg, more fully described on Exhibit "A" filed with this - writ and by this reference incorporated herein. Date: November 25, 2009 B <.. v ~~~ Real Estate Coor inator ....% ~ ~~\ ~ ~ j S ._ J V ~~~~ v PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (iJnder Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22, January 29, and February 5 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 .~ ,r' ~ Notary ,~' NJ;f:.}?lt~C SrAI Dcfl^f?at~4 A, CUILINS i'o'ta^~ PLP>I'c CA, ;;.{ALE E'.C 7 LUi~ Ki.,~ND CpUN?Y Writ No. 2009-8159 Civil The Colurnbia Bank vs. Shaulls Choice Development LLC Scott Landis DESCRIPTION of a 174.493 acre pazcel of land located in the Town- ship of Upper Allen, County of Cum- berland, State of Pennsylvania in ac- cordance with a plan entitled Holder Farm Survey, dated March 15, 2006. Said 174.493 acre pazcel being more fully described as follows: BEGINNING AT A POINT, said point being located in the center of the intersection of Lisburn Road (S.R. 0114) and Klinedinst Road; thence in and along Lisburn Road (S.R. 0114), North 75 degrees 32 min- utes 59 seconds West, a distance of 289.41 feet to a point; thence leaving Lisburn Road (S.R. 0114) along the western line of lands now or formerly of Michael J. and Christine L. Brill as recorded in Deed Book 254, Page 935, South 07 degrees 02 minutes 15 seconds West, a distance of 310.00 feet to an iron pin; thence along lands now or formerly of Michael J. and Christine L. Brill, lands now or formerly of Ryan K. Renshaw as re- corded in Deed Book 134, Page 1114, and lands now or formerly of Douglas A. and Holly A. Miller as recorded in Deed Book 176, Page 602, South 04 degrees 26 minutes 18 seconds East, a distance of 964.51 feet to an iron pin at the northeast corner of lands now or formerly of Deborah M. Welsh and Brad E. Hollinger as re- corded in Deed Book 184, Page 1015; thence along lands now or formerly of Deborah M. Welsh and Brad E. Hollinger, lands now or formerly of Gary L. and Dorothy Nalbandian as recorded in Deed Book 52, Page 7, and lands now or formerly of Mann Realty Associates, Inc. as recorded in Deed Book 84, Page 46, North 88 degrees 53 minutes 05 seconds ',7Vest, a distance of 1,556.02 feet to a concrete monument at the southeast comer of lands now or formerly of Pat B. and David R. Bowman as recorded in Deed Book 211, Page 298; thence along lands now or formerly of Pat B. and David R. Bowman, North 19 degrees 26 minutes 45 seconds West, a distance of 503.11 feet to a concrete monument; thence along lands now or formerly of Pat B. and David R. Bowman, crossing Lisburn Road (S.R. 0114), and along lands now or formerly of Eugene L. and Karen E. Kennedy as recorded in Deed Book P-30, Page 1004, North 62 degrees 00 minutes 17 seconds West, a distance of 1,125.91 feet to a point; thence continuing along lands now or formerly of Eugene L. and Kazen E. Kennedy, North 64 de- grees O1 minutes 17 seconds West, a distance of 214.11 feet to an iron pin on the eastern right-of-way for Norfolk Southern Railroad; thence along the eastern right-of-way for Norfolk Southern Railroad, North 41 degrees 59 minutes 18 seconds East, a distance of 1,280.86 feet to a point; thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 41 de- grees 58 minutes 29 seconds East, a distance of 237.52 feet to a point; thence continuiing along the eastern right- of-way for Norfolk Southern Railroad, along anon-tangent curve to the left having a radius of 3,412.50 feet, an arc length of 819.50 feet, a chord bearing of North 35 degrees 06 minutes 44 seconds East, and a chord distance of 817.53 feet to a point; thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 28 de- grees 13 minutes 57 seconds East, a distance of 1,282.75 feet to a rail monument at the southwest corner of lands now or formerly of Roy S., Jr. and Ellen R. Ney as recorded in Deed Book 55, Page 21; thence along lands now or formerly of Roy S, Jr. and Ellen R. Ney, South 75 degrees 32 minutes 47 seconds East, a dis- tance of 595.13 feet to an iron pin; thence continuing along lands now or formerly of Roy S., Jr. and Ellen R. Ney and along the northwestern line of lands now or formerly of James N., Sr. and Kathryn A. Voltz as recorded in Deed Book 161, Page 483, South 45 degrees 40 minutes 10 seconds West, a distance of 681.95 feet to a point in the southeast corner of the intersection of Hertzler Road and Klinedinst Road; thence along lands now or formerly of James N., Sr. and Kathryn A. Voltz, lands now or for- merly of James Smazilli as recorded in Deed Book M-33, Page 37, and lands now or formerly of Michael B. and Connie Leigh Volk as recorded in Deed Book 248, Page 2645, South 49 degrees 50 minutes 52 seconds East, a distance of 727.36 feet to a point; thence continuing along lands now or formerly of Michael B. and Con- nie Leigh Volk and lands now or for- merly of Paula J. Duffie and Karen R. Liebel, South 53 degrees 08 minutes 51 seconds East, a distance of 671.77 feet to an iron pipe at the northwest corner of lands now or formerly of Norma E. Asper Steager as recorded in Deed Book 300, Page 586; thence along lands now or formerly of Norma E. Asper Steger, South 52 degrees 57 minutes 31 seconds East, a distance of 1,063.51 feet to a point at the northwest corner of lands now or formerly of George M. and Loreena Von Nelda as recorded in Deed Book 266, Page 4735; thence along lands now or formerly of George M. and Loreena Von Nelda, South 55 degrees 37 minutes 40 seconds East, a dis- tance of 71.87 feet to a point on the northern line of lands now or formerly of Esther M. Klinedinst as recorded in Deed Book 0-15, Page 1; thence along lands now or formerly of Esther M. Klinedinst, South 75 degrees 09 minutes 25 seconds West, a distance of 1,219.78 feet to a point in the cen- ter of Klinedinst Road; thence in and along the Klinedinst Road, South 22 degrees 11 minutes 26 seconds East, a distance of 396.08 feet to a point, the POINT OF BEGINNING. CONTAINING: 7,600,905 square feet or 174.493 acres of land. Tax Parcel No.: 42.-I 1-0272- 140. BEING THE SAME PREMIS- ES which Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Maziclaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder, by deed dated April 20, 2006 and recorded June 5, 2006 in the Recorder of Deeds Of- fice, in and for Cumberland County, Pennsylvania in Deed Book 274, Page 4622, granted and conveyed unto Shaull's Choice Deve]opment, LLC, its successors and assigns. EXCEPTING THEREFROM, PREMISES which Shaull's Choice Development, LLC conveyed to Hol- linger Development II, LLC, by deed dated February 1, 2008 and recorded on February 5. SEIZED IN EXECUTION as the property of Shaull's Choice Develop- ment, LLC. PROPERTY ADDRESS: 765 East Lisburn Road, Mechanicsburg, PA 17055. The Patriot-News Co. 812 Market ~t.• ' Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e~latriot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01 /22/10 01 /29/10 j ~ r 02/05/10 ~J~~~~'.................. ' ~,. worn to anc3~' ubscribed before me~thi~-24 d y of ~Fe~ruary, 2010 A.D. '} ~ ( ~* Notary Public '~~~` ~I~tNMONWEALTH (7F PENNSYLVANIA Nntarial Seat ~tterri® L. 66isner, Notary Public City Of Harrisburg, t)auphin Courtly ~y Commission ExF+ireg Nov. 26, 2011 tNember, Pennsylvania association of Notaries Docket Number: 2009-8159 CIvII Term The Columbia Bank vs. ~haulls Choice Development LLC - '". Atty: Scott Landis DESCRIPTION of a 174.493 aae pazcel of land located in the Township of Upper Allen, County of Cumberland,. State of Pennsylvania in accordance with a plan entitled Holder Farm Survey, dated Mazch 15, 2006. Said 174.493 acre pazcel being more fully described as follows: BEGINNING AT A POINT, said point being located in the center of the intersection pf Lisburn Road (S.R. 0114) and Klinedinst Road; thence in and along Lisburn Road (S.R. 0114), North 75 degrees 32 minutes 59 seconds West, a distance of 289.41 feet to a point; thence leaving Lisburn Road (S.R. Ol 14) along the western line of lands now or formerly of Michael J. and Christine I;. Brill as recorded in Deed Book 254, Page 935, South 07 degrees 02 minutes 15 seconds West, a distance of 310.00 feet to an iron pin; thence along lands now of formerly of Michael J. and Christine L. Brill, lands now or formerly of Ryan K. Renshaw as recorded in Deed Book 134, Page 1114, and lands now or formerly of Douglas A. and Holly A. Millet as recorded in Deed Book 176, Page 602; South 04 degrees 26 minute9 18 seconds East, a'distance of 964.51 feet to an iron pin at the ngAheast corner. of lands now or formerly of Deborah Tv~. Welsh and Brad E. Hollinger as tecarded in Deed Book 184, Page 1015; thence along lands now or formerly of Deborah M. Welsb and Brad E. Hollinger, lands now or formerly of Gi¢y. L. and Dorothy Nalbandian as recorded in Deed Book 52, Page 7, and lands now or formerly of Mann Realty Associates, Inc. as recorded in Deed Book 84, Paga•46, North 88 degrees 53 minutes OS seconds West, a distance of 1556.02 feet to a concrete monument at tbe southeast corner of lands now or fornteriy of Pat B`. and David R. Bowman as rekotded in Deed Book 211, Page 298; thence along lands now or foanerly of PatB. atd David R. Bowman, North. 19 degrees 26 minutes'45 seconds West, a distmtce of 503.11 feet, to a concrete monument; thepce along lands now or formerly of Pat B. amd David R. Bowman, crossing Lisburn Road (S.R. Oi 14), and along lands'now or formerly of Bwgette L. aad Rsren E. Kennedy as recoided in Deed Book P-30, Page'.lOtl4, North 62 degtezs 00 minutes 17 set~nds Pest, a' distance of I, l ~' 1 teat to a point; thence continuing along ~w ut faametly of Eugene L. and Karen ~~,- '64 degrees Ol minutes 17 = a,dietanoe of 214.11' feet to an " '"eastefn tight-of-way for Norfolk Chance along the eastern for Norfolk .Southern Railroad, f i3egtres 54 minutes 18 seconds East, a . dCstance of 1,280.86 Feet to a point thence continuing along the eastern rightof-way line for Norfolk Southern Railroad, North 41 degrees SS minutes 29 seconds East a distance of 237.52 feet to a point; thence continuiing along the eastern right- of-way for Norfolk Southern Railroad, along anon-tangent curve to the left having a radius of 3,412.50 feet, an azc length of 819.50 feet, a chord bearing of North 35 degrees 06 minutes 44 seconds East, and a chord distance of 817.53 feet to a point thence continuing along the eaStem right-of--way line for Norfolk Southern Railroad, North 28 degrees 13 minutes 57 seconds East, a distance of 1,2x2.75 feet to a rail monument at the southwest comer of lands now or formerly ,of Roy S., Jr. and Ellen R. Ney as recorded in Deed Book 55, Page 21; thence along lands now or formerly of Roy S, Jr. and Ellen R. Ney, South 75 degrees 32 minutes 47 seconds East, a distance of 595.13 feet [o an iron pin; thence continuing along lands now or formerly of Roy S., Jr. and Ellen R. Ney and along the northwestern line of lands now or formerly of James N., Sr. and Kathryn A. Voltz as recorded in Deed Book 161, Page 483, South 45 degrees 40 minutes 10 seconds West, a distance, of 681.95 feet to a point is the southeast comer of the intersection of Hertzler Road and Klinedinst Road; thence along lands now or formerly of James N.; Sr. and Kathryn A. Voltz, lands now or formerly of James Smazilli as recorded m Deed Book M-33, Page 37, and lands now or formerly of Michael B. and Connie Leigh Volk as recorded in Deed Book 248, Page 2645, South 49 degrees 50 minutes 52 seconds East, a distance of 727.36 feet. to a point; thence continuing along lands now' or formerly of .Michael B. and Connie Leigh Volk and lands now or formerly of Paula J. Duffle and Karen R. Liebel, South 53 degrees 08 minutes 51 seconds East, a distance of 671.77 feet to an nom the eet~twa! Dame of 1~twsr ar fn IWamy E. Aa}a a r ti:1Me1 Book 360. Sg16; ~. tp1Y . ~~~.~ degrees 57 minutes 31 seconds East, a distance of 1,063.51 feet to a point at the northwest comer of lands now'or formerly of George M. and Loreena Von Nelda as recorded in Deed Book 266, Page 4735; thence along lands now or formerly of George M. and Loreena Von Nelda, South 55 degrees 37 minutes 40 seconds East, a distance of 71.87 feet to a point on the northern tine of lands now or formerly of Esther M. Klinedinst as recorded in Deed Book 0-15, Page 1; thence along lands now or formerly of Esther M. Klinedinst South 75 degrees. 09 minutes 25 seconds West, a distance of 1,219.78 feet to a point in the center of Klinedinst Road; thence in and along the Klinediast Road, South 22 degrees 11 minutes 26 seconds East, a distance of 396.08 feet to a point, the POINT OF BEGINNING. CONTAINING: 7,600,905 squaze feet or 174.493 acres of land. Tax Parcel No.: 42.-I 1- 0272-140 BEING THE SAME PREMISES which Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariclave H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder; by deed dated April 20, 2006 and recorded Jrme 5, 2006 in tbe Recorder of Deeds Office, in and for Cumberland County, Pennsylvania in Deed Book 274, Page 4622, granted and conveyed unto Shaun's Choice Development, LLC, its successors and assigns. EXCEPTING THEREFROM,. PREMISES wh1Ch Shaun's Choice Development, LLC cuuveyed to Hollinger Development II, LLC, by de,~d dated February 1, 2008, and recorded on Fel;{~taty 5, SEIZED IN EXECUTION as the property of Shaun's Choice Development, LLC PROPERTY ADDRESS: 765 East Lisburn Road, Mechanicsburg, PA 17055 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Columbia Bank is the grantee the same having been sold to said grantee on ry~ L the 2nd day of June A.D., X2010, under and by virtue of a writ Execution issued on the 24th day of ~~~ November, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 8159, at the suit of Columbia Bank against Shaulls Choice Development LLC is duly recorded as Instrument Number 201020911. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~~, A.D. ;~~ ( U day of of Deeds Recorder of Deeds, Co'mry' Ced'~le, PA My ~omrnissan ~~ the Frs~ Monda)- of Jac. 2014 fY ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 09-8159 CIVIL NOTICE TO DEFEND To: Shaull's Choice Development, LLC You have been sued in court. The petition set forth in the following pages requests the court to determine the amount which should be credited against any liability you may have to the petitioner as a result of the purchase by the petitioner at an execution sale of the real property described in the petition. If you wish to defend against the petition, you must take action within twenty (20) days after this petition and notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the matters set forth in the Petition. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without 3121872.1 further notice for any claim or relief requested by the petitioner. You may lose money or property or any other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717.249.3166 3121872.1 BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff No. 09-8159 CIVIL SHAULL' S CHOICE DEVELOPMENT, LLC, Defendant PETITION OF PLAINTIFF, THE COLUMBIA BANK UNDER 42 PA. C.S.A. 48103(A) AND PA RCP 3281, ET SEQ., TO FIX FAIR MARKET VALUE OF REAL ESTATE The Petition of Plaintiff/Petitioner, The Columbia Bank, by and through its legal counsel, Scott F. Landis, Esquire and Barley Snyder LLC, pursuant to Pa. R.C.P. 3281, et. seq., and 42 Pa. C.S.A. §8103(a), respectfully represents as follows: The name and address of the judgment creditor is The Columbia Bank (the `Bank"), 7168 Columbia Gateway Drive, Columbia, Maryland 21046. 2. The name and last known address of the Respondent is Defendant, Shaull's Choice Development, LLC, having a last known address of Suite 100, 8945 Guilford Road, Columbia, Maryland 21046, who is directly liable to the Plaintiff/Petitioner for payment of the subject debt. 3121872.1 3. The instant Petition is filed pursuant to 42 Pa. C.S.A. §8103(a) and Pa. R.C.P. 3281. 4. The court and number of the execution proceedings and the original judgment are as set forth in the caption above. Said judgment was not obtained by transfer. 5. On June 2, 2010, pursuant to a Writ of Execution issued by the Sheriff of Cumberland County, 765 East Lisburn Road, Cumberland County, Pennsylvania (the "Premises") were sold to the Bank. A true and correct copy of the Sheriff's Deed which contains a complete legal description for the Premises from the Sheriff of Cumberland County, and which is recorded in the Office of the Recorder of Deeds of Cumberland County at Document Number 201020911, is attached hereto as Exhibit "A" and incorporated herein by reference. 6. On or about January 7, 2011, Plaintiff/Petitioner sold the Premises for One Million Fifty Thousand and 00/100 Dollars ($1,050,000.00). A true and correct copy of the Deed is attached hereto as Exhibit "B" and incorporated herein by reference. 7. A description of all prior lien amounts for which the Petitioner desires credit pursuant to Pa. R.C.P. 3277(1), is as follows: Dauphin County Tax Claim Bureau - 2008, 2009 $21,572.32 and 2010 Delinquent Taxes 8. The Bank believes, and therefore avers, that the Premises has a fair market value of One Million Fifty Thousand and 00/100 Dollars ($1,050,000.00). WHEREFORE, the Plaintiff/Petitioner requests Your Honorable Court to determine any prior lien amounts as defined in Pa. R.C.P. 3277(1) and as set forth above, and give Plaintiff/Petition credit therefore, and to fix the fair market value of the Premises at One Million 3121872.1 Fifty Thousand and 00/100 Dollars ($1,050,000.00), plus credit given to Plaintiff/Petitioner for any prior lien amounts as defined in Pa. R.C.P. 3277(1) and as set forth above, and to grant such other relief as this Court deems just and appropriate. BARLEY SNYD R LLC By; ottF. Landi squire Attorneys for Plaintiff The Columbia Bank Court I.D. No. 69798 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 3121872.1 VERIFICATION The undersigned l#"eing sworn according to law, deposes and says that he is ?rs 'AC6!!JO d of The Columbia Bank, Plaintiff herein; that he is authorized to execute this Verification on behalf of Plaintiff; that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. r Dated; (Jz ?2 3121872.1 or EXHIBIT "A" ov Tax Parcel No. 42-11-0272-140 001VZ0 Know all Men by these Presents That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar), to me in hand paid, do hereby grant and convey to The Columbia Bank Writ No. 2009-8159 Civil Term The Columbia Bank Vs Shaull's Choice Development, LLC DESCRIPTION of a 174.493 acre parcel of land located in the Township of Upper Allen, County of Cumberland, State of Pennsylvania in accordance with a plan entitled Holder Farm Survey, dated March 15, 2006. Said 174.493 acre parcel being more fully described as follows: BEGINNING AT A POINT, said point being located in the center of the intersection of Lisburn Road (S.R. 0114) and Klinedinst Road; thence In and along Lisburn Road (S.R. 0114), North 75 degrees 32 minutes 59 seconds West, a distance of 289.41 feet to a point; thence leaving Lisburn Road (S.R. 0114) along the western line of lands now or formerly of Michael J. and Christine L. Brill as recorded in Deed Book 254, Page 935, South 07 degrees 02 minutes 15 seconds West, a distance of 310.00 feet to an iron pin; thence along lands now or formerly of Michael J. and Christine L. Brill, lands now or formerly of Ryan K. Renshaw as recorded in Deed Book 134, Page 1114, and lands now or formerly of Douglas A. and Holly A. Miller as recorded in Deed Book 176, Page 602, South 04 degrees 26 minutes 18 seconds East, a distance of 964.51 feet to an Iron pin at the northeast comer of lands now or formerly of Deborah M. Welsh and Brad E. Hollinger as recorded in Deed Book 184, Page 1015; thence along lands now or formerly of Deborah M. Welsh and Brad E. Hollinger, lands now or formerly of Gary L. and Dorothy Nalbandian as recorded in Deed Book 52, Page 7, and lands now or formerly of Mann Realty Associates, Inc. as recorded in Deed Book 84, Page 46, North 88 degrees 53 minutes 05 seconds West, a distance of 1,556.02 feet to a concrete monument at the southeast comer of lands now or formerly of Pat B. and David R. Bowman as recorded in Deed Book 211, Page 298; thence along lands now or formerly of Pat B. and David R. Bowman, North 19 degrees 26 minutes 45 seconds West, a distance of 503.11 feet to a concrete monument; thence along lands now or formerly of Pat B. and David R. Bowman, crossing Lisburn Road (S.R. 0114), and along lands now or formerly of Eugene L. and Karen E. Kennedy as recorded In Deed Book P-30, Page 1004, North 62 degrees 00 minutes 17 seconds West, a distance of 1,125.91 feet to a point; thence continuing along lands now or formerly of Eugene L. and Karen E. Kennedy, North 64 degrees 01 minutes 17 seconds West, a distance of 214.11 feet to an iron pin on the eastern right-of-way for Norfolk Southern Railroad; thence along the eastern right-of-way for Norfolk Southern Railroad, North 41 degrees 59 minutes 18 seconds East, a distance of 1,280.86 feet to a point thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 41 degrees 58 minutes 28 seconds East, a distance of 237.52 feet to a point; thence continuing along the eastern right- of-way for Norfolk Southern Railroad, along a non-tangent curve to the left having a radius of 3,412.50 feet, an arc length of 819.50 feet, a chord bearing of North 35 degrees 06 minutes 44 seconds East, and a chord distance of 817.53 feet to a point; thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 28 degrees 13 minutes 57 seconds East, a distance of 1,282.75 feet to a rail monument at the southwest comer of lands now or formerly of Roy S., Jr. and Ellen R. Ney as recorded in Deed Book 55, Page 21; thence along lands now or formerly of Roy S, Jr. and Ellen R. Noy, South 75 degrees 32 minutes 47 seconds East, a distance of 595.13 feet to an iron pin; thence continuing along lands now or formerly of Roy S., Jr, and Ellen R. Noy and along the northwestern line of lands now or formerly of James N., Sr. and Kathryn A. Voltz as recorded in Deed Book 161, Page 483, South 45 degrees 40 minutes 10 seconds West, a distance of 681.95 feet to a point in the southeast comer of the Intersection of Hertzler Road and Klinedinst Road; thence along lands now or formerly of James N., Sr. and Kathryn A. Voltz, lands now or formerly of James Smarilti as recorded in Deed Book M-33, Page 37, and lands now or formerly of Michael B. and Connie Leigh Volk as recorded in Deed Book 248, Page 2645, South 49 degrees 50 minutes 52 seconds East, a distance of 727.36 feet to a point; thence continuing along lands now or formerly of Michael B. and Connie Leigh Volk and lands now or formerly of Paula J. Duffle and Karen R. Liebel„South 53 degrees 08 minutes 51 seconds East, a distance of 671.77 feet to an iron pipe at the northwest comer of lands now or formerly of Norma E. Asper Steager as recorded In Deed Book 300, Page 586; thence along lands now or formerly of Norma E. Asper Steager, South 52 degrees 57 minutes 31 seconds East, a distance of 1,063.51 feet to a point at the northwest corner of lands now or formerly of George M. and Loreene Von Nelda as recorded In Deed Book 266, Page 4735; thence along lands now or formerly of George M. and Loreena Von Nelda, South 55 degrees 37 minutes 40 seconds East, a distance of 71.87 feet to a point on the northern line of lands now or formerly of Esther M. Klinedinst as recorded in Deed Book 0-15, Page 1; thence along lands now or formerly of Esther M. Klinedinst, South 75 degrees 09 minutes 25 seconds West, a distance of 1,219.78 feet to a point in the center of Kllnedinst Road; thence in and along the Klinedinst Road, South 22 degrees 11 minutes 26 seconds East, a distance of 396.08 feet to a point, the POINT OF BEGINNING. CONTAINING: 7,600,905 square feet or 174.493 acres of land. Tax Parcel No.: 42.6 1-0272-140 BEING THE SAME PREMISES which Mary Holder Holtzman, Thomas Michael Holder, Maureen H. Ryan, Mariciaire H. Lombard, Mary Katherine Holder, Mary Christine Holder, George Hugh Holder and Walter Shaull Holder, by deed dated April 20, 2006 and recorded June 5, 2006 in the Recorder of Deeds Office, in and for Cumberland County, Pennsylvania in Deed Book 274, Page 4622, granted and conveyed unto Shaull's Choice Development, LLC, its successors and assigns. EXCEPTING THEREFROM, PREMISES which Shaull's Choice Development, LLC conveyed to Hollinger Development II, LLC, by dead dated February 1, 2008 and recorded on February 5, 2008 in Instrument No. 200803533 SEIZED IN EXECUTION as the property of Shaull's Choice Development, LLC The same having been sold by me to the said grantee on the 2nd day of June Anno Domini Two Thousand and Ten (2010) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 24`h of November Anno Domini 2009 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Nine (2009) Number 8159 at the suit of The Columbia Bank -vs- Shaull's Choice Development, LLC In Witness Whereof, I have hereunto affixed my signature this 20 th Anno Domini Two Thousand and Ten (2010) Commonwealth of Pennsylvania, ss. County of Cumberland day of July Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 20 th day of July Anno Domini Two Thousand and Ten (2010) S'?lS.tcfYttl9?? ?, r A lit, I hereby certify that the residence And Post Office address of the Within Grantee is 7168 Columbia Gateway Drive Columbia, MD 21046 Richard W. Stewart Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201020911 Recorded On 8/2/2010 At 9:44:31 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 70093 User ID - KW * Grantor - SHAULLS CHOICE DEVELOPMENT LLC :.*-4Grautee C W MBIA .BANK * Customer - SHERIFF * FEES STATE WRIT TAR $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT UPPER ALLEN TOWNSHIP $0.00 TOTAL PAID $63.00 I Certify this to be recorded in Cumberland County PA * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. RECORDER OF D?DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. EXHIBIT "B" ?yc Return to: Douglas C. Yohe, Esq. Latsha Davis Yohe & McKenna, P.C. 1400 Bent Creek Blvd., Suite 140 Mechanicsburg, PA 17050 Tax Parcel Number: 42-11-0272-140 1111111111 DEED THIS INDENTURE, made this ? day of , So n L,t r !t , 2011, by and between THE COLUMBIA BANK, a Maryland banking association (hereinafter called the "Grantor"); AND HOLLINGER DEVELOPMENT II, LLC, a Pennsylvania limited liability company, (hereinafter called the "Grantee"). WITNESSETH, the Grantor, for and in consideration of the sum of One Million Fifty Thousand Dollars ($1,050,000.00), lawful money of the United States of America, unto the Grantor well and truly paid and delivered by the Grantee at and before the sealing and delivery of these presents, the receipt whereof the Grantor does hereby acknowledge, has granted, bargained, sold, released and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the Grantee, the successors and assigns of the Grantee ALL THAT CERTAIN parcels or tracts of land and real estate located at Upper Allen Township, Cumberland County, Pennsylvania as more fully described on Exhibit "A" attached hereto, which is hereby incorporated by reference as if herein fully set forth verbatim, and hereby made and to be deemed an integral part hereof. TOGETHER with, all and singular, the buildings and structures thereon, and the improvements, ways, street, alleys, passages, water, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions, remainders, rents, issues and profits thereof; and all of the estate, right, title, interest, property, claim and demand whatsoever of the Grantor, at law and in equity, of, in and to the same. 14 141407 TO HAVE AND TO HOLD the said land and real estate, with the buildings and improvements erected thereon, and the hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the Grantee, the successors and assigns of the Grantee, to and for the only proper use and behoof of the Grantee, the successors and assigns of the Grantee, forever, nevertheless, as aforesaid, subject to all conditions and restrictions of record. AND the Grantor, for the Grantor and the successors of the Grantor, by these presents, does covenant, promise and agree to and with the Grantee, the successors and assigns of the Grantee, that the Grantor and the successors of the Grantor, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the Grantee and the successors and assigns of the Grantee, against the Grantor and the successors of the Grantor, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under it, him, her, them, or any of them, shall and will, under and subject as aforesaid, specially warrant and forever defend. IN WITNESS WHEREOF, the Grantor, intending to be legally bound hereby, has caused this Indenture to be duly executed on this day, month and year first above written. THE COLUMBIA BANK 141407 2 -57ATr-- or- M hP-y LAID G ,{{ : SS. COUNTY OF t47? Aal--) ?'P??st 'Yya?• i<i?e a?S'?S1xl ! F. r rf 1), aia: this, the day of 2011, before me, the undersigned Notary Public in an for said ommonwealth and County, personally ?.° _ µi 6 0 acknowledged himself to be the W flit e P?'? S • of Al. Bank, and that he/she-as such being authorized to do so, lzpregoing instrument fors the purposes therein contained by signing his ti WHEREOF, I hereunto set my hand ltd official seal. DW@ T. Colonello -^ Notary Public Howard County Y Maryland My Comm. Exp. August 11, 2012 Public Expires: g..?? / 2 I hereby certify that the precise residence or address of the Grantee in the written Indenture is 4550 Lena Drive, Mechanicsburg, PA 17055. Sc-c 40? _ Attorney for the Grantee ^ 141407 3 . - wu nrna EXHIBIT "A" LEGAL DESCRIPTION DESCRIPTION of a 174.493 acre parcel of land located in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania in accordance with a plan entitled Holder Farm Survey, dated March 15, 2006. Said 174.493 acre parcel being more fully described as follows: BEGINNING AT A POINT, said point being located at the center of the intersection of Lisburn Road (S.R. 0114) and Klinedinst Road; thence and along Lisburn Road (S.R. 0114), North 75 degrees 32 minutes 59 seconds West, a distance of 289.41 feet to a point; thence leaving Lisburn Road (S.R. 0114) along the western line of lands now or formerly of Michael J. and Christine L. Brill are recorded in Deed Book 254, Page 935, South 07 degrees 02 minutes 15 seconds West, a distance of 310.00 feet to an iron pin; thence along lands now or formerly of Michael J. and Christine L. Brill, lands now or formerly of Ryan K. Renshaw as recorded in Deed Book 134, Page 1114, and lands now or formerly of Douglas A. and Holly A. Miller as recorded in Deed Book 176, Page 602, South 04 degrees 26 minutes 18 seconds East, a distance of 964.51 feet to an iron pin at the northeast corner of lands now or formerly of Deborah M. Welsh and Brad E. Hollinger as recorded in Deed Book 184, Page 1015; thence along lands now or formerly of Deborah M. Welsh and Brad E. Hollinger, lands now or formerly of Gary L. and Dorothy Nalbandian as recorded in Deed Book 52, Page 7, and lands now or formerly of Mann Realty Associates, Inc., as recorded in Deed Book 84, Page 46, North 88 degrees 53 minutes 05 seconds West, a distance of 1,556.02 feet to a concrete monument at the southeast corner of lands now or formerly of Pat B. and David R. Bowman as recorded in Deed Book 211, Page 298; thence along lands now or formerly of Pat B. and David R. Bowman, North 19 degrees 26 minutes 45 seconds West, a distance of 503.11 feet to a concrete monument; thence along lands now or formerly of Pat B. and David R. Bowman, crossing Lisburn Road (S.R. 0114), and along lands now or formerly of Eugene L. and Karen E. Kennedy as recorded in Deed Book P-30, Page 1004, North 62 degrees 00 minutes 17 seconds West, a distance of 1,125.91 feet to a point (incorrectly referred to as 1,125.92 feet in prior deed); thence continuing along lands now or formerly of Eugene L. and Karen E. Kennedy, North 64 degrees 01 minutes 17 seconds West, a distance of 214.11 feet to an iron pin on the eastern right-of-way for Norfolk Southern Railroad; thence along the eastern right-of-way for Norfolk Southern Railroad, North 41 degrees 59 minutes 18 seconds East, a distance of 1,280.86 feet to a point; thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, North 41 degrees 58 minutes 29 seconds East, a distance of 237.52 feet to a point; thence continuing along the eastern right-of-way for Norfolk Southern Railroad, along a non-tangent curve to the left having a radius of 3,421.50 feet, an arc length of 819.50 feet, a chord bearing of North 35 degrees 06 minutes 44 seconds East, and a chord distance of 817.53 feet to a point; thence continuing along the eastern right- of-way line for Norfolk Southern Railroad, North 28 degrees 13 minutes 57 seconds East, a distance of 1,282.57 feet to a rail monument at the southwest corner of lands now or formerly of Roy S., Jr. and Ellen R. Ney as recorded in Deed Book 55, Page 21; thence along lands now or formerly of Roy S., Jr. and Ellen R. Ney, South 75 degrees 32 minutes 47 seconds East, a distance of 595.13 feet to an iron 141407 A-1 I OWN- nn r pin; thence continuing along lands now or formerly of Roy S., Jr. and Ellen R. Ney and along the northwestern line of lands now or formerly of James N., Sr. and Kathryn A. Voltz as recorded in Deed Book 161, Page 483, South 45 degrees 40 minutes 10 seconds West, a distance of 681.95 feet to a point in the southeast corner of the intersection of Hertzler Road and Klinedinst Road; thence along lands now or formerly of James N., Jr. and Kathryn A. Voltz, lands now or formerly of James Smarilli as recorded in Deed Book M-33, Page 37, and lands now or formerly of Michael B. and Connie Leigh Volk as recorded in Deed Book 248, Page 2645, South 49 degrees 50 minutes 52 seconds East, a distance of 727.36 feet to a point; thence continuing along lands now or formerly of Michael B. and Connie Leigh Volk and lands now or formerly of Paula J. Duffie and Karen R. Liebel, South 53 degrees 08 minutes 51 seconds East, a distance of 671.77 feet to an iron pipe at the northwest corner of lands now or formerly of Norma E. Asper Steager as recorded in Deed Book 300, Page 586; thence along lands now or formerly of Norma E. Asper Steager South 52 degrees 57 minutes 31 seconds East, a distance of 1,063.51 feet to a point at the northwest corner of lands now or formerly of George M. and Loreena Von Neida as recorded in Deed Book 266, Page 4735; thence along lands now or formerly of George M. and Loreena Von Neida, South 55 degrees 37 minutes 40 seconds East, a distance of 71.87 feet to a point on the northern line of lands now or formerly of Esther M. Klinedinst as recorded in Deed Book 0-15, Page 1; thence along lands now or formerly of Esther M. Klinedinst, South 75 degrees 09 minutes 25 seconds West, a distance of 1,219.78 feet to a point in the center of Klinedinst Road; thence in and along the Klinedinst Road, South 22 degrees 11 minutes 26 seconds East, a distance of 396.08 feet to a point, the POINT OF BEGINNING. CONTAINING: 7,600,905 square feet or 174.493 acres of land. Tax Parcel No.: 42.-11-0272-140. BEING the same premises as the following legal description: ALL THOSE CERTAIN three (3) tracts of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO.1 BEGINNING at a point on the eastern right-of-way line of the Reading Company (P.H. & P. Branch), at the line of lands now or formerly of the Moser Estate, thence by the line of lands now or formerly of the said Moser Estate, South seventy degrees forty-nine minutes East (S 70° 49' E) a distance of five hundred forty-seven and sixty-seven one-hundredths (547.67) feet to a post; thence by the same South forty-five degrees fifty-three minutes West (S 45° 53' W) a distance of six hundred seventy-six and sixty-two one-hundredths (676.62) feet to a point; thence by the same, South forty-four degrees fifty-nine minutes East (S 44° 59' E) a distance of seven hundred nineteen and twenty-nine one-hundredths (719.29) feet to a post; thence by the same, South forty-eight degrees nineteen minutes East (S 48° 19' E) a distance of eight hundred five and eighty-three one-hundredths (805.83) feet to a post at the line of lands formerly of the W. C. Stettler Tract (Now part of "Fertility Farm"); thence by the line of lands known as "Fertility Farm" South sixty-eight degrees fifty-four minutes West (S 68° 141407 A-2 54' W) a distance of sixty-five and ninety-eight one-hundredths (65.98) feet to a point; thence by the same South eighty-two degrees nine minutes West (S 82° 09' W) a distance of one thousand six hundred ninety-five and eleven one-hundredths (1,695.11) feet to a post; thence by the same, North sixty degrees twenty-six minutes West (N 60° 26' W) a distance of six hundred ninety-one and twenty-five one-hundredths (691.25) feet to the eastern right- of-way line of the Reading Company (P.H. & P. Branch) as aforesaid; thence by the said right-of-way line of the Reading Company (P. H. & P. Branch) and by a curve to the left having a radius of five thousand five hundred fourteen and ninety-four one-hundredths (5,514.94) feet and a length of one thousand three hundred one and three one-hundredths (1,301.03) feet to a point; thence by the same, North thirty-two degrees forty-two minutes East (N 32° 42' E) a distance of seven hundred fifteen and twenty one-hundredths (715.20) feet to a point, being the place of BEGINNING. CONTAINING 45.673 acres. TRACT NO.2 BEGINNING at a point on the eastern right-of-way line of the Reading Company (P.H. & P. Branch) at the southern line of lands of Tract No. 2 of lands known as "Locust Dale Farm", the same having been described above as Tract No. 2 and also being conveyed herein; thence by the line of lands of the said "Locust Dale Farm" South sixty degrees twenty-six minutes East (S 60° 26' E) a distance of six hundred ninety-one and twenty-five one- hundredths (691.25) feet to a post; thence by the same North eighty-two degrees 09 minutes East (N 82° 09' E) a distance of one thousand six hundred ninety-five and eleven one- hundredths (1,695.11) feet to a post; thence by the same North sixty-eight degrees fifty-four minutes East (N 68° 54' E) a distance of sixty-five and ninety-eight one-hundredths (65.98) feet to a post at the line of lands now or formerly of the Moser Estate; thence by the line of lands now or formerly of the said Moser Estate, South forty-eight degrees twenty-eight minutes East (S 48° 28' E) a distance of nine hundred seventy and forty-six one-hundredths (970.46) feet to a post at the line of lands now or formerly of David Klinedinst; thence by the line of lands now or formerly of the said David Klinedinst, South eighty degrees six minutes West (S 80° 06' W) a distance of one thousand two hundred twenty and eighty-five one- hundredths (1,220.85) feet to a point in the center of a public road; thence by the said public road, South eighteen degrees no minutes East (S 18° 00' E) a distance of three hundred ninety-seven and sixty one-hundredths (397.60) feet to the intersection of the said public road with Route No. 114; thence along the said Route No. 114, North sixty-nine degrees six minutes West (N 69° 06' W) a distance of three hundred three (303.00) feet to a point; thence by the lands now or formerly of the said David Klinedinst, South eleven degrees fourteen minutes West (S 11° 14' W) a distance of three hundred ten and forty-six one-hundredths (310.46) feet to a post at the line of lands now or formerly of Stowey and Hench; thence by the line of lands of the said Stowey and Hench, South seventy-eight degrees thirty-seven minutes West (S 78° 37' W) a distance of one thousand seven hundred twenty-seven and 141407 A-3 eighty-two one-hundredths (1,727.82) feet to an iron pipe; thence by lands now or formerly of Maude Fast and Charles Myers, North fifty-four degrees fifty-four minutes West (N 54° 54' W) a distance of three hundred forty-five and thirty-nine one-hundredths (345.39) feet to a point in the center of route No. 114; thence by lands now or formerly of the said Myers, North sixty-one degrees twenty-nine minutes West (N 61" 29' W) a distance of nine hundred eighty-eight and nineteen one-hundredths (988.1.9) feet to a post at the eastern right-of-way line of the Reading Company (P.H. & P. Branch); thence by the said right-of- way line of the Reading Company (P. H. & P. Branch), North forty-six degrees thirteen minutes East (N 46° 13' E) a distance of one thousand six hundred fifty-three and twenty- three one-hundredths (1,653.23) feet to a point, being the place of BEGINNING. CONTAINING 100.294 acres. TRACT NO.3 BEGINNING at a point in the roadway leading from the main Highway into the property herein described, which point is the corner of lands now or formerly of the J. J. Dull Estate and of Maude N. Fast; thence by the line of lands now or formerly of the said Maude N. Fast, South sixteen and one-half degrees East (S 16 1/2° E) a distance of thirty and nine-tenths (30.9) perches to a post; thence by the line of lands now or formerly of one Nauman, North eighty-nine and one-half degrees East (N 89 1/2 ° E) a distance of ninety-six and five-tenths (96.5) perches to a post; thence by the line of lands now or formerly of the First Bank and Trust Company of Mechanicsburg, North four degrees East ( N V E) a distance of fifty-eight and one-tenth (58.1) perches to a post; thence by the line of lands now or formerly of the said J. J. Dull Estate, South seventy-four degrees West (S 74° W) a distance of one hundred four and two-tenths (104.2) perches to a pipe in the lane, being the point of BEGINNING. CONTAINING twenty-one (21) acres and one hundred fifty-five (155) perches, strict measure. Survey Descriptions: The above-described tracts are also described in accordance with a Boundary Survey of Holder Farms for Empire Homes, LLC located in Upper Allen Township, Cumberland County, Pennsylvania dated March 15, 2006, prepared by Jeffrey S. Ebersole, P.L.S. of CEDG, described as follows: DESCRIPTION OF TRACTI DESCRIPTION of a 47.673 acre parcel of land located in the Township of Upper Allen, County of Cumberland, State of Pennsylvania in accordance with a plan entitled Holder 141407 A-4 Farm Survey, dated March 15, 2006. Said 47.673 acre parcel being more fully described as follows: BEGINNING AT A POINT, said point being a rail monument found on the eastern right- of-way line for Norfolk Southern Railroad, also being the southwest corner of lands now or formerly of Roy S., Jr. and Ellen R. Ney as recorded in Deed Book 55, Page 21; Thence along lands now or formerly of Roy S., Jr. and Ellen R. Ney, S 75° 32'47" E a distance of 595.13 feet to an iron pin; Thence continuing along lands now or formerly of Roy S., Jr. and Ellen R. Ney and along the northwestern line of lands now or formerly of James N., Sr. and Kathryn A. Voltz as recorded in Deed Book 161, Page 483, S 45° 40' 10" W a distance of 681.95 feet to a point in the southeast corner of the intersection of Hertzler Road and Klinedinst Road; Thence along lands now or formerly of James N., Sr. and Kathryn A. Voltz, lands now or formerly of James Smarilli as recorded in Deed Book M-33, Page 37, and lands now or formerly of Michael B. and Connie Leigh Volk as recorded in Deed Book 248, Page 2645, S 49° 50'52" E a distance of 727.36 feet to a point; Thence continuing along lands now or formerly of Michael B. and Connie Leigh Volk and lands now or formerly of Paula J. Duffie and Karen R. Liebel, S 53° 08' 51" E a distance of 671.77 feet to an iron pipe at the northwest corner of lands now or formerly of Norma E. Asper Steager as recorded in Deed Book 300, Page 586; Thence along lands now or formerly of Norma E. Asper Steager, S 52° 57' 31" E a distance of 167.29 feet to a point at the northeast corner of Tract 4; Thence along the northern line of Tract 4, S 63° 5725" W a distance of 65.98 feet to a point; Thence continuing along the northern line of Tract 4, S 77° 12'25" W a distance of 1695.11 feet to a point; Thence continuing along the northern line of Tract 4, N 65° 22'35" W a distance of 673.77 feet to a point on the eastern right-of-way line for Norfolk Southern Railroad; Thence along the eastern right-of-way line for Norfolk Southern Railroad, along a non- tangent curve to the left having a radius of 3412.50 feet, an arc length of 716.55 feet, a chord bearing of N 34° 14'52" E, and a chord distance of 715.23 feet to a point; Thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, 141407 A-5 N 28° 13' 57" E a distance of 1282.75 feet to a rail monument, the POINT OF BEGINNING. CONTAINING: 2,076,602 square feet or 47.673 acres of land, more or less. SUBJECT TO Right-of-Ways for Klinedinst Road and Hertzler Road. Subject to a 17 foot wide utility and sanitary sewer easement along the eastern right-of- way line for Klinedinst Road, as recorded in Misc. Book 404, Page 818. DESCRIPTION OF TRACT 2 DESCRIPTION of a 99.87 acre parcel of land located in the Township of Upper Allen, County of Cumberland, State of Pennsylvania in accordance with a plan entitled Holder Farm Survey, dated March 15, 2006. Said 99.87 acre parcel being more fully described as follows: BEGINNING AT A POINT, said point being at the center of the intersection of Lisburn Road (S.R. 0114) and Klinedinst Road; Thence in and along Lisburn Road (S.R. 0114), N 75° 32' 59" W a distance of 289.41 feet to a point; Thence leaving Lisburn Road (S.R. 0114) and along lands now or formerly of Michael J. and Christine L. Brill as recorded in Deed Book 254, Page 935, S 07° 02115" W a distance of 310.00 feet to an iron pin at the northeast corner of Tract 5; Thence along the northern line of Tract 5, S 74° 30'31" W a distance of 1710.73 feet to a concrete monument on the eastern line of lands now or formerly of Pat B. and David R. Bowman as recorded in Deed Book 211, Page 298; Thence along lands now or formerly of Pat B. and David R. Bowman, crossing Lisburn Road (S.R. 0114), and along lands now or formerly of Eugene L. and Karen E. Kennedy as recorded in Deed Book P-30, Page 1004, N 62° 00'17" W a distance of 1125.91 feet to a point; Thence continuing along lands now or formerly of Eugene L. and Karen E. Kennedy, N 64° 01'17" W a distance of 214.11 feet to an iron pin on the eastern right-of-way for Norfolk Southern Railroad; 141407 A-6 Thence along the eastern right-of-way for Norfolk Southern Railroad, N 41° 59,18" E a distance of 1280.86 feet to a point; Thence continuing along the eastern right-of-way line for Norfolk Southern Railroad, N 41 ° 58' 29" E a distance of 237.52 feet to a point; Thence continuing along the eastern right-of-way for Norfolk Southern Railroad, along a non-tangent curve to the left having a radius of 3412.50 feet, an arc length of 102.95 feet, a chord bearing of N 41° 07'39" E, and a chord distance of 102.95 feet to a point at the southwest corner of Tract 2; Thence along the southern line of Tract 2, S 65° 22'35" E a distance of 673.77 feet to a point; Thence continuing along the southern line of Tract 2, N 77° 12' 25" E a distance of 1695.11 feet to a point; Thence continuing along the southern line of Tract 2, N 63° 57' 25" E a distance of 65.98 feet to a point on the line of lands now or formerly of Norma. E. Asper Steager as recorded in Deed Book 300, Page 586; Thence along lands now or formerly of Norma E. Asper Steager, S 52° 5731" E a distance of 896.22 feet to a point at the northwest corner of lands now or formerly of George M. and Loreena Von Neida as recorded in Deed Book 266, Page 4735; Thence along lands now or formerly of George M. and Loreena Von Nelda, S 55° 3740" E a distance of 71.87 feet to a point on the northern line of lands now or formerly of Esther M. Klinedinst as recorded in Deed Book 0-15, Page 1; Thence along lands now or formerly of Esther M. Klinedinst, S 75° 09'25" W a distance of 1219.78 feet to a point in the center of Klinedinst Road; Thence in and along the Klinedinst Road, S 22° 11'26" E a distance of 396.08 feet to a point, the POINT OF BEGINNING. CONTAINING: 4,350,303 square feet or 99.87 acres of land, more or less. SUBJECT TO Right-of-Ways for Lisburn Road (S.R. 0114), Klinedinst Road. Subject to a 17 foot wide utility and sanitary sewer easement along the eastern right-of- way line for Klinedinst Road, as recorded in Misc. Book 404, Page 818. 141407 A-7 DESCRIPTION OF TRACT 3 DESCRIPTION of a 27.002 acre parcel of land located in the Township of Upper Allen, County of Cumberland, State of Pennsylvania in accordance with a plan entitled Holder Farm Survey, dated March 15, 2006. Said 27.002 acre parcel being more fully described as follows: BEGINNING AT A POINT, said point being an iron pin on the western line of lands now or formerly of Michael J. and Christine L. Brill as recorded in Deed Book 254, Page 935, also being the southeast comer of Tract 4; Thence along lands now or formerly of Michael J. and Christine L. Brill, lands now or formerly of Ryan K. Renshaw as recorded in Deed Book 134, Page 1114, and lands now or formerly of Douglas A. and Holly A. Miller as recorded in Deed Book 176, Page 602, S 04° 26'18" E a distance of 964.51 feet to an iron pin at the northeast corner of lands now or formerly of Deborah M. Welsh and Brad E. Hollinger as recorded in Deed Book 184, Page 1015; Thence along lands now or formerly of Deborah M. Welsh and Brad E. Hollinger, lands now or formerly of Gary L. and Dorothy Nalbandian as recorded in Deed Book 52, Page 7, and lands now or formerly of Mann Realty Associates, Inc. as recorded in Deed Book 84, Page 46, N 88° 53'05" W a distance of 1556.02 feet to a concrete monument at the southeast corner of lands now or formerly of Pat B. and David R. Bowman as recorded in Deed Book 211, Page 298; Thence along lands now or formerly of Pat B. and David R. Bowman, N 19° 26,45" W a distance of 503.11 feet to concrete monument at the southwest corner of Tract 4; Thence along the southern line of Tract 4, N 74° 30' 31" E a distance of 1710.73 feet to an iron pin, the POINT OF BEGINNING. CONTAINING: 1,176,193 square feet or 27.002 acres of land, more or less. EXCEPTING THEREFROM PREMISES which Shaull's Choice Development, LLC conveyed to Hollinger Development 11, LLC, by deed dated February 1, 2008 and recorded on February 5, 2008 in Instrument No. 200803533. BEING part of the same premises which Mary Holder Holtzer, et. at., by their deed dated April 20, 2006, and recorded June 5, 2006, in the Cumberland County Recorder of Deeds' Office in Deed Book 274, Page 4622, granted and conveyed unto the Shaull's Choice Development, LLC. 141407 A-8 ALSO, BEING part of the same premises that Shaull's Choice Development, LLC granted a mortgage to The Columbia Bank at Cumberland County Mortgage Book 1953, Page 1684. ALSO, BEING the same premises which Cumberland County Sheriff by deed dated June 2, 2010 and recorded August 2, 2010, in the Cumberland County Recorder of Deeds Office at Instrument No. 201020911 granted and conveyed unto The Columbia Bank. ALSO, BEING the same premises which the Cumberland County Tax Claim Bureau sold to Moyer & Pletcher Development Group, LLC at a Tax Upset Sale on September 16, 2010. Moyer & Pletcher Development Group, LLC assigned their tax sale bid to The Columbia Bank by and Assignment recorded in the Cumberland County Prothonotary's Office in Docket No. 2010-6187. ALSO, BEING the same premises that the Tax Claim Bureau of the County of Cumberland, Pennsylvania, by its deed dated December 17, 2010 and recorded on December 30, 2010, in the Cumberland County Recorder of Deeds at Instrument No. 201038822 granted and conveyed unto The Columbia Bank, the grantor herein. 141407 A-9 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201101738 Recorded On 1/12/2011 At 3:20:55 PM * Instrument Type - DEED Invoice Number - 80356 User ID - KW * Grantor - COLUMBIA BANK * Grantee - HOLLINGER DEVELOPMENT II LLC * Customer - LATSHA DAVIS YOHE & MCKENNA * FEES STATE TRANSFER TAX $10,500.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $27.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $5,250.00 DISTRICT UPPER ALLEN TOWNSHIP $5,250.00 TOTAL PAID $21,078.00 I Certify this to be recorded in Cumberland County PA * Total Pages - 13 Certification Page DO NOT DETACH This page is now part of this legal document. RECORDER OF I1S " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. ?i?imu? BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 09-8159 CIVIL CERTIFICATION OF ADDRESSES I hereby certify that the following are the names and current addresses of each party's attorney of record and/or the names and current addresses of each unrepresented party in the foregoing action: Scott F. Landis, Esquire Court I.D. No. 69798 Barley Snyder LLC 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Shaull's Choice Development, LLC 7168 Columbia Gateway, Suite 100 Columbia, MD 21046 Cott F. Lands, Esquir 3121872.1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t`t?s o1 ia,utTr? a? Jody S Smith &? ??o 77 Chief Deputy - va .°' Richard W Stewart ' ,. ._' T Solicitor i-0 ?? f! Columbia Bank The Case Number vs. Shaulls Choice Development LLC 2009-8159 SHERIFF'S RETURN OF SERVICE 01/31/2011 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return receipt requested to Shaulls Choice Development LLC. 02/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint and Notice upon the within named defendant, Shaulls Choice Development, LLC, in the following manner: On January 31, 2011 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint and Notice to the defendant's last known address of 8945 Guilford Road, Suite 100, Columbia, MD 21046. The certified mail return receipt card was received by the Cumberland County Sheriff's Office as Not Deliverable As Addressed, Unable to Forward on February 22, 2011. SHERIFF COST: $34.66 February 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF '. OtIII, SJCC ShPI S [P 'so( Ir<;. d' d U a N A 6 d lo?.eo M.H0 -w 4j N ra Q' rl cc co r%- C3 O 0 0 0 rR to 0 0 Q rn cc ?- uy.CD z? cf) a = m mco dca> U F- U) c LL w a) 00U) CL t o z v O Q UU U ? r? r W UDo a4W 0 r? TO) - mo b vim' N cy 15 ??11Nn ° r i CA) co w o N- m p IC3O r Ir [ 0 7 %J 02 od C ni r __. v' ?r s 0 R I F ` r All L BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 E PROTHC OTAI' i1J11 AUG "2 A1410: 20 CUMBERLAND COUNT'S PENNSYLVANIA Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 09-8159 CIVIL AFFIDAVIT OF SERVICE Jeanne Rachor, Paralegal, doth deposes and says that a true and correct copy of the Petition of Plaintiff, The Columbia Bank Under 42 Pa. C.S.A. 8103(a) and Pa. R.C.P. 3281, et seq., to Fix Fair Market Value of Real Estate with attached Notice to Defend and proposed Order were served upon Shaull's Choice Development, LLC, by serving Jeffrey Kozero, Member of Shaull's Choice Development, LLC, 17604 Hollingsworth Drive, Derwood, Maryland 20855 by process server on June 25, 2011. A true and correct copy of the Affidavit of Service is attached hereto as Exhibit "A." The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. BARLEY SNYDER LLC Date: July 28, 2011 By: J e Rachor, Paralegal 1.East King Street Lancaster, PA 17602-2893 717.299.5201 3287620.1 AEETIJAVIT QE ISI&Y M Name of Servers being duly sworn, deposes and says that at the time of service, I was over the age twenty-one and s not a p ar,t° 2this ,e a;- .S y? , Date/Time of Service: Last Known Address: Documents Served: Qcument described as: O CA Y-f -2d : A true 4nd correct copy of the aforesaid documents were SERVED on: Service of Process at: A true and correct copy of the aforesaid document was served at: Person Served and Method Service: By personally delivering them into the hands of the person to be served. By delivering them into the hands of , a person of suitable age and discretion residing at the Place of Service, whose relationship to the person to be served is By posting the document conspicuously at the Place of Service. Description of Person The person receiving d nts is described as follows: Receiving Documents: Sex -)%_; Shin Color ocu ; fair Color ;Facial Hair Ko Approx. Agee; Approx. Height$y_; Approx. Weight To the best of my knowledge and belief, said person was not engaged in the US Military at the time of Service. Signature of Server: Undersigned declares under penalty of perjury that the foregoing is true and correct. ' Signature of Ser r Sworn to and subscri bed before me this day o , 2011.- o y Public "" %aft 2707719.1 iii= IONOII Oor Ilk C? ? lM? it. wIt ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. No. 09-8159 CIVIL FILED-OFFICE T' E pAOTHONOTAR Dill AUG 26 PrI 1:02 ^U?TERLAND COUNTY F ENNS YLVANIA Plaintiff SHAULL' S CHOICE DEVELOPMENT, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 09-8159 CIVIL PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, The Columbia Bank, and against Defendant, Shaull's Choice Development, LLC, for want of an answer, in the amount of $1,050,000.00, plus credit for any prior lien amounts, in accordance with the Petition to Fix Fair Value. (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. ( ) Pursuant to Pa. R.C.P. §237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa. R.C.P. §237.5, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to 3321057_1.DCC kuk No. 09-8159 CIVIL his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. BARLEY SNYDER LLC By: Sc . Landis, Es ire Attorneys for Plaintiff, The Columbia Bank Court I.D. No. 69798 126 E. King Street Lancaster, PA 17603 717.299.5201 NOW, 2011, JUDGMENT IS ENTERED AS ABOVE. Pr o 1 ion By: , Deputy 3321057_1.DOC BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. SHAULL' S CHOICE DEVELOPMENT, LLC, Defendant No. 09-8159 CIVIL AFFIDAVIT OF SERVICE Jeanne Rachor, Paralegal, doth deposes and says that she served a true and correct copy of the 10-Day Default Notice upon Jeffrey Kozero, Member, Shaull's Choice Development, LLC, 17604 Hollingsworth Drive, Derwood, Maryland 20855, by First Class Mail with Postal Form 3817 attached on August 4, 2011. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. BARLEY SNYDER LLC Date: August 4, 2011 By: Jeanry Rachor, Paralegal 126 East King Street Lancaster, PA 17602-2893 717.299.5201 32921021 BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 09-8159 CIVIL TO: Jeffrey Kozero, Member Shaull's Choice Development, LLC 17604 Hollingsworth Drive Derwood, MD 20855 Date of Notice: August 4, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 3292102_1 YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING 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, PA 17013 717.249.3166 BARLEY SNYDER LLC Date: I By: ?? Fo Al Scott F. Landis, Esquire Attorneys for Plaintiff The Columbia Bank Court I.D. No. 69798 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 3292102-1 ti L U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INRrD arley Snyder LLC (JLR) Received Frorc 11726 East King Street Lancaster, PA 17602 Hasler One piece of ordinary mail addressed to: ` ?) T J 0 3 Iv N 3 la 0) it I'S 4 0 m N j l PS Form 3817, January ORIGINAL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 717.299.5201 No. 09-8159 CIVIL Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, V. Plaintiff SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 09-8159 CIVIL NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case. 1] Judgment by default for Plaintiff and against Defendant in the amount of $1,050,000.00, plus credit given to Plaintiff for any prior lien amounts, in accordance with the Petition to Fix Fair Value. ? Judgment for Defendant(s) and against Plaintiff(s). ? Order of Decree in favor of Dated: a 4 1 [L TO: Shaull's Choice Development, LLC c/o Jeffrey Kozero, Member 17604 Hollingsworth Drive Derwood, MD 20855 Prothonotary By: 3321057_1.DOC ORIGINAL No. 09-8159 CIVIL BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff The Columbia Bank THE COLUMBIA BANK, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHAULL' S CHOICE DEVELOPMENT, LLC, Defendant CIVIL ACTION - LAW No. 09-8159 CIVIL CERTIFICATE OF RESIDENCE I, Scott F. Landis, Attorney for Plaintiff, hereby certify to the best of my knowledge, information and belief that the name and current address of each party is as follows: 1. The precise address of Plaintiff is 7168 Columbia Gateway Drive, Columbia, Maryland 21046. 2. The last known address for Jeffrey Kozero, Member of Defendant Shaull's Choice Development, LLC, is 17604 Hollingsworth Drive, Derwood, Maryland 20855. Date: 5 / ? / BARLEY S ER LL By: Lanis, squire Attorneys for Plaintiff, The Columbia Bank Court I.D. No. 69798 126 East King Street Lancaster, PA 17602-2893 717.299.5201 3321057_1.DOC FILED-OFFICE No. 09-8159 CIVIL OF THE PROTHARY 2012 FEB 21 AN 10: 26 CUMBERLAND COUNTY PENNSYLVANIA THE COLUMBIA BANK, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. SHAULL'S CHOICE DEVELOPMENT, LLC, Defendant No. 09-8159 CIVIL ORDER AND NOW, this ?yy+ day of 20/j,-Upon consideration of the Petition of Plaintiff under Section 8103(a) of the Judicial Code, and Pa. R.C.P. 3281 et. seq., to Fix Fair Market Value of Real Property located at 765 East Lisburn Road, Cumberland County, Pennsylvania ("Premises"), it is hereby ORDERED that the fair market value of the Premises is hereby determined to be the sum of One Million Fifty Thousand and 00/100 Dollars ($1,050,000.00), including credit given to the Petitioner for any prior lien amounts as defined by Pa. R.C.P. 3277(1) and set forth in the Petition of Plaintiff, under 42 Pa. C.S.A. § 8103(a) and Pa. R.C.P. 3281, et seq., to Fix Fair Market Value of Real Property. Copies to: Scott F. Landis, Esquire Barley Snyder LLC 126 East King Street Lancaster, PA 17602 / Shaull's Choice Development, LLC c/o Jeffrey Kozero, Member 17604 Hollingsworth Drive Derwood, MD 20855 B THE W: Cop-tes PAa. j-e,4 3321057_1.DOC f'/ I/