HomeMy WebLinkAbout10-2729Supreme
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Com Pleas
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For Prothonotary Use Only:
Docket No:
1O- 2? °I
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
n Complaint ? Writ of Summons ? Petition ? Notice of Appeal
? Transfer from Another Jurisdiction ? Declaration of Taking
Lead Plaintiff's Name: Lead Defendant's Name:
DAVID E. RICKER [MADEIRA OPERATIONS, LLC
? Check here if you are a Self-Represented (Pro Se) Litigant
Name of Plaintiff/Appellant's Attorney: John G. Milakovic
Are money damages requested? : NYes ? No Dollar Amount Requested: within arbitration limits
(Check one) X outside arbitration limits
Is this a Class Action Suit? ? Yes 0 No
Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort)
? Intentional
? Malicious Prosecution
? Motor Vehicle
? Nuisance
? Premises Liability
? Product Liability (does not include
mass tort)
? Slander/Libel/ Defamation
? Other:
MASS TORT
? Asbestos
? Tobacco
? Toxic Tort - DES
? Toxic Tort - Implant
? Toxic Waste
? Other:
PROFESSIONAL LIABLITY
? Dental
? Legal
? Medical
? Other Professional:
Pa. R. C. P. 205.5
CONTRACT (do not include Judgments)
? Buyer Plaintiff
? Debt Collection: Credit Card
? Debt Collection: Other
? Employment Dispute:
Discrimination
? Employment Dispute: Other
? Other:
REAL PROPERTY
? Ejectment
? Eminent Domain/Condemnation
? Ground Rent
? Landlord/Tenant Dispute
0 Mortgage Foreclosure
? Partition
? Quiet Title
? Other:
CIVIL APPEALS
Administrative Agencies
? Board of Assessment
? Board of Elections
? Dept. of Transportation
? Zoning Board
? Statutory Appeal: Other
Judicial Appeals
? MDJ - Landlord/Tenant
? MDJ - Money Judgment
? Other:
MISCELLANEOUS
? Common Law/Statutory Arbitration
? Declaratory Judgment
? Mandamus
? Non-Domestic Relations
Restraining Order
? Quo Warranto
? Replevin
? Other:
212010
DAVID E. RICKER, : IN THE COURT OF COMMON PLEAS OF C a
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI °
V.
: CIVIL ACTION A
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MADEIRA OPERATIONS, LLC, :NO. 10 - -27O-6 CtV 1 et ?A r
Defendant
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NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written
appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims
set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment
may be entered against you by the Court without further notice for any money claimed in the Complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
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
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentaan
mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la
notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia
escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra
suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otrqa reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede
perder dinero o propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE
UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA
LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN.
Cumberland County Bar Association
32 South Bedford Street O
Carlisle, PA 17013 5
(717) 249-3166 0.1-m
P f
CfL? I (030
R a4103?
John G. Milakovic
Charles O. Beckley, II
Beckley & Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717) 233-7691
Attorneys for Plaintiff
DAVID E. RICKER,
Plaintiff
V.
MADEIRA OPERATIONS, LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO.
COMPLAINT
AND NOW comes Plaintiff, by and through his undersigned attorneys, and files this
Complaint, averring as follows:
1. Plaintiff (Mr. Ricker) is an adult individual residing at 7617 Green Hill Road,
Harrisburg, Pennsylvania. Mr. Ricker brings this action to foreclose the mortgage dated
December 17, 2008, between :Madeira Operations, LLC ("Madeira Operations"), as mortgagor,
and Mr. Ricker, as mortgagee, which mortgage is recorded in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, as Instrument Number 200907526. A true and
correct copy of the subject mortgage is hereto attached marked as Exhibit A.
2. Defendant, Madeira Operations, is a limited liability company organized and existing
under the laws of the Commonwealth of Pennsylvania, with offices located at 1124 Kennebec
Drive, Chambersburg, Pennsylvania.
3. The mortgage secures a note dated December 17, 2008, in the principal amount of
$400,000.00, payable to Mr. Ricker in full, together with fees and interest of $200,000.00, for a
total lump sum payment of $600,000.00, on or before March 31, 2009 ("Maturity Date"). A true
and correct copy of the aforesaid note is hereto attached marked as Exhibit B.
4. The land subject to the mortgage is the property described in a deed dated August 15,
2006, and recorded on August 16, 2006, in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, at Deed Book 276, Page 940, from Creedin L. Stoner and Dorothy L.
Strine, Co-Executors of the Last Will and Testament of Frank E. Stoner, to Madeira Operations,
LLC, owner/mortgagor and Defendant herein. A true and correct copy of the aforesaid deed is
hereto attached marked as Exhibit C.
5. The Defendant, Madeira Operations, is the real owner of the land subject to the
mortgage and Defendant's address is 1124 Kennebec Drive, Chambersburg, Pennsylvania.
6. The mortgage is in default because no payment whatsoever has been made pursuant to
the note.
7. The following amounts are due on the mortgage:
Principal balance $400,000.00
Interest and fees to Maturity Date 200,000.00
Late Charges (5%) 30,000.00
Attorneys' Fees (5%) 30,000.00
Interest (from Maturity Date @ 8%) 52,000.00
Total $712,000.00
Plus interest at 8% per annum, from May 1, 2010 and continuing until the full
outstanding balance is paid.
2
8. This is not a residential mortgage and therefore the notice requirements of Act 6 are
not applicable.
9. The default has not been cured despite multiple demands.
WHEREFORE, Mr. Ricker respectfully requests the Court to enter judgment of
mortgage foreclosure against the mortgaged property in the amount of $712,000.00, plus interest
at the rate of 8% per annum.
Dated: L/' 2-?5 ? I U
Of Counsel
Beckley & Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717) 233-7691
Respectfully submitted,
Attorneys for Plaintiff
3
(/, 4kA
Charles O. Beckley, II
04/22/2010 15; 34. 712523:2135 STATE SAUINGS BANK
PAGE 02
VERIFICATION
I, David E. Ricker, hereby verify that I am an adult individual; that I am the Plaintiff in
the foregoing Complaint in Mortgage Foreclosure, and that the facts set forth Owrein are true to
the best of my knowledge and information. I understand that Estee statemcnts hurcit) are tirade
subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities.
ej)??775--
Dated:
q12 Za10
David E. Ricker
?,?1?,6??-?"
AFTER RECORDING RETURN TO:
AHRENS LAW FIRM, P.C. Prepared By:
52 Gettysburg Pike
Mechanicsburg, PA 17055
Parcel No.:
Above This Line for Recording Data) --------- .- -_?--
MORTGAGE
THIS MORTGAGE is made this 17th day of December, 2008, between the Mortgagor,
Madeira Operations, LLC a Pennsylvania Limited Liability Company, (herein "Borrower" or
"Mortgagor") whose address is 1124 Kennebec Drive, Chambersburg, Pennsylvania, and the
Mortgagee, David Ricker, (herein "Lender" or "Mortgagee").
WHEREAS, Borrower is indebted to Lender m the principal sum of Four Hundred
Thousand Dollars ($400,000.00), which indebtedness is evidenced by Borrower's note dated
December 17, 2008 (herein "Note"), due and payable on March 31, 2009.
TO SECURE to Lender (a) the repayment of the indebtedness evidenced by the Note,
with interest thereon, the payment of all other sums, with interest thereon, advanced in
accordance herewith to protect the security of this Mortgage, and the performance of the
covenants and agreements of Borrower herein contained, and (b) the repayment of any future
advances, with interest thereon, made to Borrower by Lender pursuant to paragraph 21 hereof
(herein "Future Advances"), Borrower does hereby mortgage, grant and convey to Lender certain
property located in the County of Cumberland, Commonwealth of Pennsylvania which is more
fully described in Exhibit "A" attached hereto, which has the address of 277 Stoner Road,
Mechanicsburg, PA 17055 (herein "Property Address");
TOGETHER with all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water,
water rights, and water stock, and all fixtures now, or hereafter attached to the property, all of
which, including replacements and additions thereto, shall be deemed to be and remain a part of
the property covered by this Mortgage; and all of the foregoing, together with said property (or
the leasehold estate if this Mortgage is on a leasehold) are herein referred to as the "Property."
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and
has the right to mortgage, grant and convey the Property, that the Property is unencumbered, and
that Borrower will warrant and defend generally the title to the Property against all claims and
demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions
to coverage in any title insurance policy insuring Lender's interest in the Property.
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UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
I • Payment of Principal and Interest. Borrower shall of and interest on the indebtedness evidenced b the Nate promptly pay when due the principal
provided in the Note, and the Y P Payment and late charges as
Principal of and interest on any Future Advances secured by this
Mortgage.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by
Lender, Borrower shall pay to Lender on the day monthly installments of principal and interest
are payable under the Note, until the note is paid in full, a sum (herein "Funds") equal to om},
twelfth of the yearly taxes and assessments which may attain priority over this Mortgage, and
ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard
insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as
reasonably estimated initially and from time to time by Lender on the basis of assessments and
bills and reasonable estimates thereof.
The Funds shall be held in an institution the deposits or accounts of which are insured or
guaranteed by a Federal or state agency (including Lender if Lender is such an institution).
Lender shall apply the Funds to pay said taxes, assessments, insurance
rents. Lender may not charge for so holding and premiums and ground
g applying the Funds, analyzing said account, or
verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the
Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree
in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to
Borrower, and unless such agreement is made or applicable law requires such interest to be paid,
Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall
give to Borrower, without charge, an annual accounting of the Funds showing credits and debits
to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged
as additional security for the sums secured by this Mortgage.
If the amount of the Funds held by Lender, together with the future monthly installments
of Funds payable prior to the due dates of taxes, assessments, insurance
rents, shall exceed the amount required to premiums and ground
pay said taxes, assessments, insurance premiums and
ground rents as they fall due, such excess shall be, at Borrower' option, either promptly repaid to
Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds
held by Lender shall not be sufficient to pay taxes, assessments, insurance
rents as they fall due, Borrower shall premiums and ground
pay to Lender any amount necessary to to make make up the
deficiency within 30 days from the date notice is mailed by Lender to Borrower requesting
payment thereof.
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Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund
to Borrower any Funds held by Lender. If under paragraph 18 hereof the property
the
Property is otherwise acquired by Lender, Lender shall apply, no later than immediatelld ri or to
the sale of the Property or its acquisition by Lender, any uds held by Lender at the time of
application as a credit against the sums secured by this Mortgage.
3. Application of Payments. Unless applicable law provides otherwise, all payments
received by Lender under the Note and paragraphs I and 2 hereof shall be applied by Lender first
in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest
payable on the Note, then to the principal of the Note, and then to interest and principal on any
Future Advances.
4. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and
impositions attributable to the Property which may attain a priority over this Mortgage, and
leasehold payments or ground rents, if any, in the manner provided under paragraph 2 hereof or,
if not paid in such manner, by Borrower making payment, when due, directly to the
thereof Borrower shall promptly furnish to Lender all notices of amounts due under thisce
paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly
furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien
which has priority over this Mortgage; provided, that Borrower shall not be required to discharge
any such lien so long as Borrower shall agree in writing to the payment of the obligation secured
by such lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or
defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement
of the lien or forfeiture of the Property or any part thereof.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term "extended
coverage," and such other hazards as Lender may require and in such amounts and for such
periods as Lender may require; provided, that Lender shall not require that the amount of such
coverage exceed that amount of coverage required to pay the sums secured by this Mortgage.
The insurance carrier providing the insurance shall be chosen by Borrower subject to
approval by Lender; provided, that such approval shall not be unreasonably withheld. All
premiums on insurance policies shall be paid in the manner provided under paragraph 2 hereof
or, if not paid in such manner, by Borrower making payment, when due, directly to the insurance
carrier.
All insurance policies and renewals thereof shall be in form acceptable to Lender and
shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender
shall have the right to hold the policies and renewals thereof, and Borrower shall promptly
furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss,
Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower.
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Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be
applied to restoration or repair of the Property damaged,
economically feasible and the security of this Mortgage i o thereby impel If suchpair is
restoration or repair is not economically feasible or if the security of this Mortgage would be
impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the
excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fail to
respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the
insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and
apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to
the sums secured by this Mortgage.
Unless Lender and Borrower otherwise agree in writi
to principal shall not extend or ng, any such application of proceeds
postpone the due date of the monthly installments referred to in
paragraphs 1 and 2 hereof or change the amount of such installments, If under paragraph 18
hereof the Property is acquired by Lender, all right, title and interest of Borrower in and to any
insurance policies and in and to the proceeds thereof resulting from damage to the Property prior
to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Mortgage
immediately prior to such sale or acquisition.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned
Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste
or permit impairment or deterioration of the Property and shall comply the lease if this Mortgage is on a leasehold. If this Mo n co provisions of any
planned unit development, Borrower shall perform all of BBorrower' obligations under or a
the declaration or covenants creating or governing the condominium or planned unit
development, the by-laws and regulations of the condominium or planned unit development, and
constituent documents. If a condominium or planned unit development rider is executed by
Borrower and recorded together with this Mortgage, the covenants and a
shall be incorporated into and shall amend and supplement the covenant moments of such rider
Mortgage as if the rider were a part hereof. agreement of this
7. Protection of Lender's Security. If Borrower fails to perform the covenants and
agreements contained in this Mortgage, or if any action or proceeding is commenced which
materially affects Lender's interest in the Property, including, but not limited to, eminent domain,
insolvency, code enforcement, or arrangements or proceedings involving a bankrupt Lender at Lender's option, upon notice to Borrower, may make such ss, decedent,
such sums and take such action as is necessary to protect Lender's interest, including, but ot?
limited to, disbursement of reasonable attorney's fees and entry upon the Property to make
repairs. If Lender required mortgage insurance as a condition of making the loan secured by this
Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until
such time as the requirement for such insurance terminates in accordance with Borrower' and
Lender's written agreement or applicable law. Borrower shall
insurance premiums in the manner provided under pay the amount of all mortgage
paragraph 2 hereof.
4
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Any amounts disbursed by Lender pursuant to this
shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower
and Lender agree to other terms of payment, such amounts shall be payable upon notice from
Lender to Borrower requesting payment thereof, and small bear interest from the date of
disbursement at the rate payable from time to time on outstanding principal under the Note unless
payment of interest at such rate would be contrary to applicable law, in which event such
amounts shall bear interest at the highest rate permissible under applicable law. Nothing
contained in this paragraph 7 shall require Lender to incur any expense or take any action
hereunder.
S. Inspection. Lender may mare or cause to be made reasonable entries upon and
inspections of the Property, provided that Lender shall give Borrower notice prior to any such
inspection specifying reasonable cause therefor related to Lender's interest in the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or
consequential, in connection with any condemnation or other taking of the Property, or part
thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to
Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums
secured by this Mortgage, with the excess, if any, paid to Borrower. In the event of a partial
taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be
applied to the sums secured by this Mortgage such proportion of the proceeds as is equal to that
proportion which the amount of the sums secured by this Mortgage immediately prior to the date
of taking bears to the fair market value of the Property immediately prior to the date of taking,
with the balance of the proceeds paid to Borrower.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that
the condemnor offers to make an award or settle a claim for damages, Borrower fail to respond to
Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the
sums secured by this Mortgage.
Unless Lender and Borrower otherwise agree in writing, any such application of proceeds
to principal shall not extend or postpone the due date of the monthly installments referred to in
paragraphs 1 and 2 hereof or change the amount of such installments.
10. Borrower Not Released. Extension of the time for payment or modification of
amortization of the sums secured by this Mortgage granted by Lender to any successor in interest
of Borrower shall not operate to release, in any manner, the liability of the original Borrower and
Borrower' successors in interest. Lender shall not be required to commence
such successor or refuse to extend time for payment or otherwise modify amortization of the
sums secured by this Mortgage by reason of any demand made by the original Borrower and
Borrower's successors in interest.
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11. Forbearance by Lender Not a W
right or remedy hereunder, or otherwise at?'orded. by applicable law, shall not be a waiver of any
or
preclude the exercise of any such right or remedy. The procurement of insurance or the paymert
of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate
the maturity of the indebtedness secured by this Mortgage.
12. Remedies Cumulative. All remedies provided in this Mortgage are distinct and
cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and
may be exercised concurrently, independently or successively.
13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants
and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective
successors and assigns of Lender and Borrower, subject to the provisions of
All covenants and agreements of Borrower shall be joint and several. The captiionsraand he??f
of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or
define the provisions hereof.
14. Notice. Except for any notice required under applicable law to be given in another
manner, (a) any notice to Borrower provided for in this Mortgage shall be given by mailing such
notice by certified mail addressed to Borrower at the Property Address or at such other address as
Borrower may designate by notice to Lender as provided herein, and
) Lai
shall be given by certified mail, return receipt requested, to Lenders address stated hereeinn or to
such other address as Lender may designate by notice to Borrower as provided herein. Any notice
provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when
given in the manner designated herein.
15. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines
uniform covenants for national use and non-uniform covenants with limited variations by
jurisdiction to constitute a uniform security instrument covering real property. This Mortgage
shall be governed by the law of the jurisdiction in which the Property is located. In the event that
any provisions or clause of this Mortgage or the Note conflicts with applicable law, such conflict
shall not affect other provisions of this Mortgage or the Note which can be given effect without
the conflicting provision, and to this end the provisions of the Mortgage and the Note are
declared to be severable.
16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this
Mortgage at the time of execution or after recordation hereof.
17. Transfer of the Property; Assumption. If alI or any part of the Property or an interest
therein is sold or transferred by Borrower without Lender's prior written consent, Lender may, at
Lender's option, declare all the sums secured by this Mortgage to be immediately due and
payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer,
Lender and the person to whom the Property is to be sold or transferred reach agreement in
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writing that the credit of such person is satisfactory to Lender and that the interest payable on the
sums secured by this Mortgage shall be at such rate as Lender shall request. If Lender has waived
the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has
executed a written assumption agreement accepted in writing by Lender, Lender shall release
Borrower from all obligations under this Mortgage and the Note.
If Lender exercises such option to accelerate, Lender shall mail Borrower notice of
acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not
less than 30 days from the date the notice is mailed within which Borrower may pay the sums
declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender
may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph
18 hereof.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
18. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of
Borrower in this Mortgage, including the covenants to pay when due any sums secured by this
Mortgage, Lender prior to acceleration shall mail notice to Borrower as provided by applicable
law specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less
than 30 days from the date the notice is mailed to Borrower, by which such breach must he cured;
and (4) that failure to cure such breach on or before the date specified in the notice may result in
acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of
the Property. The notice shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the
date specified in the notice, Lender at Lender's option may declare all of the sums secured by this
Mortgage to be immediately due and payable without further demand and may foreclose this
Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all
expenses of foreclosure, including, but not limited to, reasonable attorney's fees, and costs of
documentary evidence, abstracts and title reports.
19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums
secured by this Mortgage, Borrower shall have the right to have any proceedings begun by
Lender to enforce this Mortgage discontinued at any time prior to at least one hour prior to the
commencement of bidding at a sheriffs sale or other sale pursuant to this Mortgage if (a)
Borrower pay Lender all sums which would be then due under this Mortgage, the Note and notes
securing Future Advances, if any, had no acceleration occurred; (b) Borrower cures all breaches
of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pay
all reasonable expenses incurred by Lender in enforcing the covenants and agreements of
Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in
paragraph 18 hereof, including, but not limited to, reasonable attorney's fees; and (d) Borrower
takes such action as Lender may reasonably require to assure that the lien of this Mortgage,
Lender's interest in the Property and Borrower' obligation to pay the sums secured by this
Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage
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and the obligations secured hereby shall remain in full force and effect as if no acceleration had
occurred.
20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional
security hereunder, Borrower hereby assign to Lender the rents of the Property, provided that
Borrower shall, prior to acceleration under paragraph 18 hereof or abandonment of the Property,
have the right to collect and retain such rents as they become due and payable.
Upon acceleration under paragraph 18 hereof or abandonment of the Property, by agent or by judicially appointed receiver, shall be entitled to enter upoeender, in
possession of and manage the Property and to collect the rents of the Propast due. All rents collected by Lender or the receiver shall be applied first o payment gof thee
costs of management of the Property and collection of rents, including, but not limited to,
receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums
secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents
actually received.
21. Future Advances. Upon request of Borrower, Lender, at Lender's option prior to release
of this Mortgage, may make Future Advances to Borrower. Such Future Advances, with interest
thereon, shall be secured by this Mortgage when evidenced by promissory notes stating that said
notes are secured hereby. At no time shall the principal amount of the indebtedness secured by
this Mortgage, not including sums advanced in accordance herewith to protect the security of this
Mortgage, exceed the original amount of the Note.
22. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this
Mortgage, without charge to Borrower. Borrower shall pay all costs of recordation, if any.
23. Purchase Money Mortgage. If all or part of the sums secured by this Mortgage are lent
to Borrower to acquire title to the Property, this Mortgage is hereby declared to be a purchase
money mortgage.
24. Hazardous Substances.
(a) Mortgagors shall not hereafter use, store, generate or discharge, or cause or permit
to be used, stored, generated or discharged, any toxic or hazardous waste or materials at the
Property, nor allow a lien to be imposed on the Property pursuant to any applicable
environmental law. If it shall be determined that any predecessor in title to the property caused
or permitted any such discharge, and action by Mortgagors to clear the property of such waste or
material is not instituted and completed within such periods of time as may be allowed to
Mortgagors by the governmental authorities with jurisdiction over the Property, such failure shall
constitute an "Event of Default 'under this Mortgage.
(b) If Mortgagors receive any notice of (I) the happening of any event involving the
use, storage, spill, discharge or cleanup of any hazardous or toxic waste or material or any oil or
8
Initials
Pesticide on or about any property of Mortgagors, including without limitation the Property
any portion thereof, or caused by Mortgagors (a "Hazardous Discharge, ? ' or
aint,
order, citation or notice with regard to air emissions, water discharges, noise ise emissions or an
y
other environmental, health or safety matter affecting Mortgagors the Pro
thereof, or its or Mortgagors' operations (an "Environmental Complaint") from?anany portion
entity including without limitation, the Department of Environmental Protection of the on or
Commonwealth of Pennsylvania (the "DEP"), the United States Environmental Protection
Agency (the "EPA"), the United States Army Corps of Engineers (the "Corps"), or the United
States Coast Guard (the "Coast Guard'), then Mortgagors will immediately give written notice of
same to Mortgagee and shall promptly comply with its obligations under law with regard to such
Hazardous Discharge or Environmental Complaint. hall
(c) Without limiting Mortgagee's rights under this Mortgage, Mortthe right, but not the obligation, to exercise any of its rights as may be provided for
elsewhere in
this Mortgage or to enter onto the Property or to take such other actions as it deem
s necessary in
advisable to clean up, remove, resolve, or minimize the impact of or otherwise deal with, any
such Hazardous Discharge or Environmental complaint upon its receipt of any notice from any
person or entity, including without limitation, the DEP, the EPA, the Corps, the Coast Guard or
Mortgagors, asserting the happening of a Hazardous Discharge or Environmental Complaint
which, if true, could result in any order, suit or other action against Mortgagors and/or the
Property; or any portion thereof, by any governmental agency or otherwise which, in the sole
opinion of Mortgagee, could jeopardize its security under this Mortgage
provided, however, that Mortgagors have of immediate) commenced and is dilli entl thereof,
either (x) the cure or correction, in form, scope and substance acceptable to Mortgagee and thug
agency or entity asserting the happening of the Hazardous Discharge or Environmental
Complaint, or of the event which constitutes the basis for the Hazardous Discharge or
Environmental Complaint, and is continuing diligently to pursue such cure or correction to
completion, or (y) proceedings for an injunction, a restraining order or other appropriate
emergency relief preventing such agency or entity from asserting such claim, which relief is
granted within ten (10) days of the occurrence giving rise to the claim and the injunction, order or
emergency relief if not thereafter dissolved or reversed on appeal, and in either of the foregoing
events, Mortgagors have posted cash, a bond, letter of credit or other security satisfactory in
form, substance and amount to both Mortgagee and the agency or entity asserting the Hazardous
Discharge or Environmental Complaint to secure the proper and complete cure or correction of
the event which constitutes the basis for the claim. All costs and expenses, including without
limitation, legal fees and expenses, incurred by Mortgagee in the exercise of any such rights shall
be payable by Mortgagors upon demand with interest thereon at the Default Rate as defined in
the Note, from the date of payment to the date Mo
be secured by this Mortgage is reimbursed by Mortgagors, and shall
gage and all other collateral granted to Mortgagee by Mortgagors.
(d) In addition to those events previously specified, the occurrence of any of the
following events shall constitute an Event of Default under this Mortgage, entitling Mortgagee to
all of the rights and remedies provided, therefore;
9
Initials
(1) If Mortgagee receives its first notice of a Hazardous Discharge or
Environmental Complaint other than from Mortgagors, and Mortgagee does not receive a r re by t
required notice (which must be given in written form as
of such
Hazardous Discharge or Environmental Complaint from Mortgagors within ten mortgage)
business
days of the date Mortgagee first receives said notice other than from Mortgagors; provided,
however, that Mortgagors have in fact received such notice, or
(ii) If the DEP, EPA or any other state or federal agency asserts or creates a
lien upon any or all of the Property by reason of the occurrence of a Hazardous Discharge or
Environmental Complaint or otherwise; or
(iii) If the DEP, EPA or any other state or federal agency asserts a claim
against the Mortgagors, the Property or Mortgagee for damages or cleanup costs related to a
Hazardous Discharge or Environmental Complaint.
(e) Mortgagors hereby agree to defend, indemnify, and hold Mortgagee harmless
from and against any and all claims, losses, liabilities, damages and expenses
limitation, cleanup costs and attorneys' fees and e i by re without
any of the aforesaid or an action against Mortgagors under this indemnity) arising directly or
indirectly from, out of, or by reason of any Hazardous Discharge, Environmental Complaint or
any environmental, health or safety law governing Mortgagors, its operations or the Property, or
any portion thereof. This subparagraph (e) shall survive the foreclosure, expiration or sooner
termination of this Mortgage.
25. Consent to Jurisdiction. Mortgagors hereby consent to the exclusive jurisdiction of the
Court of Common Pleas of Cumberland County Pennsylvania, and/or the United States District
Court for the Middle District of Pennsylvania in any and all actions or proceedings arising
hereunder or pursuant hereto, and irrevocably agrees to service of process b
upon Mortgagors wherever Mortgagors may be then located, y personal service
return receipt requested, directed to Mortgagors at their last known address. or registered mail,
26. WAIVER OF RIGHT TO JURY TRIM,, MORTGAGORS HEREBY WAIVE THE
RIGHT TO HAVE ANY CONTROVERSIES OR MATTERS ARISING HEREUNDER OR
RELATED TO THE OBLIGATIONS SECURED HEREBY TRIED BY A JURY.
27. Covenant Running with the Land. Any act or agreement to be done or performed by
Mortgagors shall be construed as a covenant running with the land and shall be binding upon
Mortgagors and its successors, heirs and assigns as if they had personally made such agreement.
IN WITNESS WHEREOF, Borrower has executed this Mortgage.
WITNESS (ATTEST):
Al L. Madeira, e
h
udai?+a-Apet?stians;?
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND : SS
On this, the 17th day of December, A.D., 2008, before me the undersigned officer,
personally appeared Alfred L. Madeira, Sole Member, Manager, Madeira Operations, LLC
known to me (or satisfactorily proven) to be the persons whose names are subscribed to the
within instrument, and acknowledge that they executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Thomas J. Ahrens, Notary Public Notary Publi
Upper Allen Township, Cwnkdsnd County
My comrttission ex res EeMM 15, 2011
I hereby certify that the precise address of the within-named Mortgagee is:
Attorney for Mortgagee
I1
Initials
Tax Parcel # 22-10-0644-034
Tax Parcel # 22-11-02 78-011
EXHIBIT "A"
ALL THAT CERTAIN piece or parcel of land, situate in the Township of
Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded
and described as follows, to wit:
TRACT NO.1 BEGINNING at a point in Stoner Road; thence by land now or
formerly of George R. Eppley, North 40 degrees 00 minutes 00 seconds East, one
thousand eighty two and eighty five hundredths (1082.85) feet to a pin; thence South 48
degrees 26 minutes 22 seconds East, one thousand three hundred sixty-two and sixty
three hundredths (1362.63) feet to a point in Williams Grove Road; thence by said road,
South 39 degrees 38 minutes 26 seconds West, one thousand eighty-five and nine
hundredths (1085.09) feet to a point in the first above mentioned public road; thence by
the same road, North 48 degrees twenty-one minutes sixteen seconds West, one thousand
three hundred sixty-nine and fifty hundredths (1369.50) feet to the place of
BEGINNING.
CONTAINING 33.9773 acres
BEING Lot #1 of the Final Subdivision plan for Frank E. Stoner, Sr. & Dorothy
M, h/w prepared by Gerrit J. Betz Associates, Inc. on May 15, 1986 and recorded in Plan
Book 50, at Page 129 in the recorder of Deeds Office in and for Cumberland County.
TRACT NO.2 BEGINNING at a point on the Western side of Williams Grove
Road at southeast corner of land now or formerly of Terry Stoner, being Lot No. 1 on the
Plan of Lots of Frank E. Stoner, as recorded in Plan Book 57, at page 53, Cumberland
County Recorder of Deed's Office; thence by lot No. 1 South 87 degrees 32 minutes 12
seconds West nine hundred eighty and fifty-one hundredths 980.51) feet to a
thence South 00 degrees 28 minutes 00 seconds West three undred point;
seventy-one hundredths (337.71) feet to a pin; thence South 88 degrees minutes 00
seconds East none hundred eighty-one and twenty eight hundredths (981.28) feet to a
point on the western side of Williams Grove Road; thence by the western side of
Williams Grove Road north 00 degrees 11 minutes 11 seconds East four hundred one and
twenty-five hundredths (401.25) feet to a point the place of BEGINNING.
BEING Lot No. 2 on the plan of Lots of Frank E. Stoner, as recorded in plan
Book 57, at page 53, Cumberland County Recorder of Deed's office.
EXCEPTING from the above tract the following parcel.
BEGINNING at a point located on the western right of way line of Williams
Grove Road (S.R. 2011) a 06 foot right-of-way, said point being the southeastern
property corner of lands now or formerly of Barry L. Loreman and the northeastern
property corner of lands now or formerly of Frank E. & Dorothy M. Stoner; thence from
point of beginning along said right-of-way line South 01 degrees 17 minutes 17 seconds
West a distance of 225.70 feet to a point; thence along lands now or formerly of Frank E.
& Dorothy M. Stoner the following courses and distances: 1) South 88 degrees 42
minutes 43 seconds West a distance of 15.00 feet to a point; 2.) North 01 degrees 17
minutes 17 seconds West a distance of 225.00 feet to a point, thence along lands now or
formerly of Barry L. Loreman North 86 degrees 02 minutes 04 seconds East a distance of
15.02 feet to a point, said point being the point of BEGINNING.
CONTAINING 0.078 acres.
NOTE
December 17, 2008
Mechanicsburg, Pennsylvania
FOR VALUE RECEIVED, Alfred L. Madeira (hereinafter referred to as the
"Maker") hereby promises to pay to the order of David E. Ricker (the "Payee"), the
principal sum of Four Hundred Thousand Dollars ($400,000.00) in lawful money of the
United States of America. Maker hereby promises to
pay Hundred Thousand Dollars ($200,000.00) in lawful money of the United States on or Two
before the Maturity Date as defined below in Section 1.1 of this NOW. Total money
returned is $600,000.00.
Payment of Principal and Interest
1. Principal and interest shall be payable, in lawful money of the United
States of America, at the office of the Payee or such other place as the holder of this Note
may designate, in the following manner:
1.1 On March 31, 2009, all amounts owed are due in full, which is
called the Maturity Date.
Late Charges
2. The Maker agrees that in the event any payment shall be overdue for a
period in excess of thirty (30) days, the Maker shall pay to the Payee a late charge of five
percent (5%) of the amount overdue to cover the additional expense incident to
delinquency. This shall not be construed to obligate the payee to accept any overdue
installment nor to limit the Payee's rights and remedies for the Maker's default as set forth
in this Note.
No Transfer
3. If the Maker shall, without in each instance obtain'
consent of the payee, sell, transfer, lease, or convey ? the prior written
Mort ed Pm ieY (herein all called "Transfer") the
Sag perry or any interest in it, whether voluntarily or by operation of law, then,
at the option of the Payee, the maturity of this Note shall be advanced to the date of the
Transfer, and the obligations of the Maker under this Note shall immediately be due and
payable. For purposes of this paragraph, if the Maker is a corporation, the sale or trans
of any stock of the Maker or the issuance of additional stock of the Maker that results infer
transfer of control of the Maker shall constitute a Transfer of the Mortgaged Property, if
the Maker is a partnership, the sale or transfer of any partnership interest in the Maker
shall constitute a Transfer of the Mortgaged Property.
Events of Default
4. if the Maker fails to pay any sum when due or if the Maker shall in any
other way be in default under this Note or if any certification, warranty, or representation
made by the Maker to the Payee proves to be materially false, then the entire unpaid
principal balance of this Note, together with interest accrued and with all other sums due
or owed by the Maker under this Note shall at the option of the Payee and without notice
to the Maker become due and payable immediately with interest. After the default and
acceleration and until the Maker's indebtedness to the Payee is paid in full, including the
period following entry of any judgment, the interest shall accrue at a rate of eight
(81/6) Per year. The Maker shall also be liable for attorneys' fees for collection the nt
Note in the amount of five percent (5%) of the total amount then due by the Maker to the
Payee, but in any event not less than $3,000.00 and the cost of any title search incurred
by the Payee in connection with the proceedings. Payment of these amounts may be
enforced and recovered by the entry of judgment on this Note and the issuance of
execution on the judgment. Time is of the essence.
Cumulative Remedies
5. The remedies of the Payee provided in this Note or otherwise available to
the Payee at law or in equity and the warrants of attorney herein or therein contained,
shall be cumulative and concurrent, and may be pursued singly, successively, and
together at the sole discretion of the Payee, and may be exercised as often as occasion
therefore shall occur. The failure to exercise any right or remedy shall in no event be
construed as a waiver or release of the right or remedy.
Waivers
6. The Maker hereby releases the Payee and the attorney or attorneys from
all errors, defects, and imperfections in entering judgment by confession, issuing y
process, or instituting any proceedings relating to the conf an
ession of judgment.
Parties
7. The words "Payee" and "Maker" in this Note shall be deemed and
construed to include the respective heirs, personal representatives, successors, and
assigns of the Payee and the Maker. The obligation of the persons named as Maker shall
be joint and several
Construction
8. This instrument shall be construed according to and governed by the laws
of the Commonwealth of Pennsylvania.
Consent to Jurisdiction
9. Maker hereby consents to the exclusive jurisdiction of the Court of
Common Pleas of Cumberland County, Pennsylvania, and/or for the united States
District Court for the Middle District of Pennsylvania, in any and all actions or
proceedings arising hereunder or pursuant hereto, and irrevocably agrees to service of
process by certified mail, return receipt requested, to the address for Maker set forth
above or to such other address as Maker may direct by notice to Payee,
IN WITNESS WHEREOF, the Maker has duly executed this Note under seal on
the day and year first written above.
WITNESS (ATTEST):
eal)
S
?=(
Alfred . Madira, B rror
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS
A
On this, the 17 day of December A.D., 2008, before me the undersigned
officer, personally appeared Alfred Madeira, known to me (or satisfactorily proven) to be
the persons whose names are subscribed to the within instrument, and acknowledge that
he/she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMbl MMLTH OF PENNSYLVANIA Notary
NOTARIAL SEAL
Thomas J. Ahrens, Notary Public
Upper 3
A 7a7
L9 if Tax Parcel #22-10-0644-034
#22-11-0278-011
MADE TM 1 s't clay of August, 2006,
BETWEEN CREEDIN L. STONER amd DO MYIW L. STRME, Co-F.zepitors
,,, the Last Will surf Testament of PRANK E. S70NE& SR,, We of the IMIW ip ofof
o ev Momm, CamtY of Cumbabud, State of P GRANTORS
?? -AND-
'? MADURA OPERATION
{ .c ° I.i.C of 1124 Kemiebec Dove, Clianibe<s, of
_ a ? the Canty of CumbaboA 3tabe of lva•ia, GRANTEE
-@Jq C2 WHBRZAS, w TO C CMm"Mn T tn°lc E. 3too?or, Sr., died Mn+c614, 2006, a resida?t of Cbjd
n ? L. STR *e Regidw of Wesel o f? 8 STConkrind Cou y County U+?
20, 2006, and M by on March
WHEREAS, does will did not specxfis aW devise his real estate, and
Code, S, in reliance dds dad to on Section 3351 of dw Probaw, Fuws and F es
convey deoedenes neat alaje.
S][VItw w TAEitEFORE in cansidaratian of 160 n of RIGHT RUI?(DRED
by twee preeasTHOUSAND ?fd ts grant and M.N) DOLLARS, jaid by Giai>rec, the tieantors do
convey to the GRAN EK his haws and assts.
MX THAT CMAiN or parcel of W4 spin in the T '
o P of
Mme, ?Y Of Cumberland and
State of permylvep?ia, more Perticulady
and desmbW as follows, t?D wit: bolintbd
TRACT NO. 1 - , G G NM 111E at a do= Pat fmnalY of ? B?BeK No& 40 Bin a pub& read; ad t dxmm d bm*W ?t ??y-onae
?? i mUILM, (2631.75 to a post thmm by the same and land
? 13S3.02M feet +7 'Y. d mommonswu and no
40 , tw?a dK six Rom &me ?
drodlis (2631.5) feet ?o a poet in the bt aba mmdr
and wmaY 8vthe =: e
one Real 139 to a place
1NNIIV(1.
CONTAIMNG 82 scree 20 peace,
F,XCEMM from the above had the following panel.
- - 0009 276 n ct 540
BBGIIYNING at a poW m the cants line of the WdHo w Grove Road (LIL #
21017), at Iands of Lebo; by the oftw line of the Vrab w Grove
degnis 38 miffs 26 seconds W Road, Sown 39
(1065-87) feet to a point; d by Inds of
aft 4 s
Stamm. of ' ys a park hundre
degrees 26 minus s 22 t Wow, X00° w6idt this was a po NrW 48
E? (1362.63) fee ? 6ftM and anciy-tt,ee
1 naw of Cioor?e R.
PPlaY Moifb 40 pp Mb6,0? 00 woo" EsK ton ninety
hundeedlhs (1063. ;=oat at otter 1
ands of laO'0d'-thee and
(
do re" 3 6ioiabes SO ? ? ? *emm ! lea* So
1 the place of and 'nmeh' huodre BEoDjNM.
dths
CONTAVMG 33.2142 saes.
BZM Part assw Stoner his wi$e, by Of the
dead dalod 1969 E. Stayer Sr. and Darthy K
VR of Deeds in and for 3' , 1' and iioo + d in t o OWW o"0"
the
hone 23, at Pop 952, 8taeled sari ?Y yh'a_MN in Deed Boric Staoot Dw+athy Stoner died °0QV°y°d gob Frnok F. Skww, Sr Mad Dorothy,
Frank E. StoneW operafm of law. 24, 1999, wbw=pm fee s npde d& vested m
TRACT NQ 2 B Arwffq qG at a point on the W,pslarn side of ArdHoms Grove
Road at soudwast aormw of lad now or Y eery Stoner
s W of by I& No. 1 soma R
Lot No. l on the 32 dtoace 516 00 (?fea< to 12
seventy-a?oe ftComdB we* t+ee
00 seco?otla am gibWIC= 28 e (3337.71) he to a pies; fiance sots ? i??l?el?iv?e ?
nuouto
WNW e of J=6ase and W-egy ? ?(98f2) fee
ppo?' t°° the wesletn aid
a
Willienac Grow Grove Road north 00 degteea 11 nriaret R 11 dmw by rite sateen aide of
secomids east Am hundred
'"Five bUndralto (401.25) Net to a pow tie pine
ofd au and
DENG Lot No. 2 in the Plain of LAft of Frank E. Stoner
57, at page 53, Cwnbarlaod County Rwardw of Dw&s office.' as recorded in plan Book
EXCa!'1 MG Fran the above tract the Following per,
Grove J&Q
(s.
Property Cott
w
of b
=c
out lo
X11 4
lands now or
Iwds now or
06 wow
a
42
point ofBBGjjA a
t 17 ,
M& now or fors
Is Fast a distance
CONTADMG 0.078 acres.
to
line of Williams
60
dren
pleUl i I now or
a disco" L I, °
to L.
point, sac
to
86 ddaamvtDa,
m
BEING a part of the same PrenlIM conveyed to Frank E. Stonw and Doe+ ly
- 2 -
Mom 276 PAGE 941
M. Stoner by the aforesaid deed worded in Deed Book O, Vohnne 23, at Page
952.
AND the said GRANTORS will warrant
Vemally the PrePerty hemn conveyed.
IN WrrNZSS
WEMRZOF, saW GRANTORS have hereunto so ftir han& and
seals the day
and year first *ove wdum
Witness:
Frank E. Stoner, Sr., Estate
By: aLe?. 4,54.,, (SEAL)
By: (SEAL)
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND : SS
On flue the S of 2006, before me dte
ndmaim%&A officer
?o7 Fraok E. Ste, S?'JaX"m t?.A a" DOROTIBI taw
. I,• , Co-
Ion
Perm= executed the ? in the
. me or. b'o'AURRIPEWQ) w the
contained. Y sUded and for the p0mom lereifi
seal. ' WITNESS W MMF, I have hereunto set my hand and notarial
1:4* e 17I ?
r
?w?acf Out
_'8wK a-70
CERTIFICATE OF RESIDENCE
I hereby certify that the precise residence of the grantees herm is as follows:
117-Y eC-&K, E &ec IVF ('N/v7nr ?.Pns6 u e?, , pp !7?0
I Certify this to be recorded
In Cumberland County PA
O i
V?H
COMMONWEALTH OF PENNSYLVANIA) Recorder of Deeds
COUNTY OF CUMBERLAND SS
RECORDED in the Recorder's Office in Deed Boole No.
Volume
Page
0
{{ r
??7T asp ?w ? ..
i
N•
r 1•~+
Cd ? d
?$$88i?88S': 8001( PAGE 942
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
~4t~yxlp of ~~r+t~brr(,~~~
~,.
.~.~ t
-~~- ter: ~~- -;-` ~.;~'V
~ r ._
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
zo~~~~~1~ ~a ~~~ ~~ ss
David E. Ricker
vs.
Madeira Operations, LLC
Case Number
2010-2729
SHERIFF'S RETURN OF SERVICE
04/26/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Madeira Operations, LLC, but was unable to locate
them in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within
Complaint and Notice according to law.
05/05/2010 Franklin County Return: And now May 5, 2010 at 1009 hours I, Dane Anthony, Sheriff of Franklin County,
Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice,
upon the within named defendant, to wit: Madeira Operations, LLC by making known unto Dr. Madeira,
adult in charge at 1124 Kennebec Drive, Chambersburg, PA 17201 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44
May 19, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
iC) CounfySuilA Sheriff. Tel2oSOft. InC,
to-~o~
In The Court of Common Pleas of Cumberland County, Pennsylvania
David E. Ricker
vs.
Madeira Operations, LLC
1124 Kennebec Drive
Chambersburg, PA 17201
Civil No. 2010-2729
Now, April 26, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of
Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
.~.~'.~ ~A,P
y ~~ :..
of Cumberland County, PA
Affidavit of Service
Now, Mav 5 , 20 10 , at lo: 09 o'clock A. M, served the
within Complaint in Civil Action
upon Dr. Madeira
at 1124 Kennebec Drive Chambersburg, PA 17201
by handing to Dr. Madeira
a certified
and made known to
Sworn a subscrib
me this f! day
copy of the original Complaint in Civil Action
him
So answers,
Deputy Sheriff of n
COSTS
SERVICE
~~ MILEAGE
~'"" AFFIDAVIT
the contents thereof.
PA
.,:;~~~t~n;:NW~ALTH FPENNSYL NIA
NOTP.RlAL SEAL ~'' ~ '~ ~ ~ ^
RfCHARD D. Mr_CARTY, Notary Public ~ri~
Chambersbury Boro., Franklin County
„7+mi<<.;,-~n Fxnires Jan. 29, 2011
SHERIFF'S RETURN - REGULAR
CASE NO: 2010-00105 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
DAVID E RICKER
VS
MADEIRA OPERATIONS LLC
BRIAN J CRAMER Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT IN CIVIL ACTION was served upon
MADERRA OPERATIONS LLC the
DEFENDANT
at 1009:00 Hour, on the 5th day of May 2010
at PERSON IN CHARGE
1124 KENNEBEC DRIVE
CHAMBERSBURG, PA 17201 by handing to
DR MADEIRA
a true and attested copy of COMPLAINT IN CIVIL ACTION together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
Sworn and Subscribed to before
me this ~~ day of
~-~--~~
A.D.
tVS
So Answers:
BRIAN J CRAME
gy
Deputy heriff
05/17/2010
BECKLEY AND MADDEN
RICH~.RD D. MrCARrY, Notary Public
Ch~mb2rstxlrg 8oro., Frar~i:iin County
My Cornrr~is~ion Expires Jan. 29, 2011
CUM
David D. cBueCC e Renee K, Simpson
Prothonotary a 15` Deputy Prothonotary
\! I'j °
�irkS. Sohonage, 2;S'Q Irene E. Morrow
Solicitor 175O 2nd Deputy Prothonotary
Office of the Prothonotary
Cumberland County, 'Pennsylvania
l� - ,2729 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 291" DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Car[is[e, PA 17013 • (717)240-6195 • Fa„ ,(717)240-6573