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Home My WebLink About01-11191N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF HANOVER AND TRUST COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER Defendant c> t - ///9 MORTGAGE FORECLOSURE TO: Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler c/o Adler & Adler 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA Telephone 717-249-3166 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF HANOVER AND TRUST COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL J. KILLION, : EXECUTORS OF THE ESTATE OF : BETTY J. ADLER : Defendant : No. MORTGAGE FORECLOSURE TO: Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler c/o Adler & Adler 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 NOTIC1A Le ban demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contract suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDA PERDER D1NERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTAS DEMANDA A UN ABOGADO 1NMEDIATAMENTE. SI USTED NO ITENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA Telephone 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF HANOVER AND TRUST COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER Defendant No. MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, TO WIT, this _ day of February, 2001, comes Bank of Hanover and Trust Company, the Plaintiff above-named, and by its attorneys, Barley, Snyder, Senft and Cohen, LLC, brings this Action to Foreclose Mortgage pursuant to Pa. R.C.P. No. 1141 et seq., whereof the following is a statement: 1. Bank of Hanover and Trust Company (the "Plaintiff'), is a banking corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal offices at 25 Carlisle Street, Hanover, York County, Pennsylvania 17331. 2. Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler, (the "Defendant") are adult individuals with an address ofc/o Adler & Adler, 125 Locust Street, P.O. -1- Box 11933, Harrisburg, PA 17108-1933. 3. Defendant is the legal owner of the premises known as 2930 Arcona Road, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania (the "Premises')). The Premises is more fully described in Exhibit "A" attached to this Complaint. Title to the premises vested solely in Defendant upon the death of her husband, Stanley D. Adler, Jr., under and by virtue of the laws of the Commonwealth of Pennsylvania relating to tenancy by the entireties. 4. After the death of Betty J. Adler, Letters Testamentary were issued to Robert A. Adler and Paul J. Killion on or abont February 7, 2001. 5. On May 25, 1989, pursuant to the terms of a Loan Agreement, Plaintiff loaned to Equico Realty Group, a Pennsylvania general parmership, (the "Borrower") the amount of $1,600,000.00 (the "Loan") as evidenced by a Note dated May 25, 1989 (the "Note No. I')), a copy of which is marked Exhibit "B," attached hereto and made a part hereof. In connection with said Loan Defendant executed a Guaranty Agreement (the "Guaranty Agreement No. 1") dated May 25, 1989, a copy of which is marked Exhibit "C," attached hereto and made a part hereof, whereby she unconditionally guaranteed to Plaintiff the prompt payment by Borrower of the principal and interest due pursuant to the terms of the Note No. 1. 6. After a default by Borrower under the aforesaid Loan, Borrower cured the same by bringing the account current. The parties agreed to redocument the Loan and on October 8, 1990, Borrower executed an amended and restated Note (the "Note No. 2") a copy of which is marked Exhibit "D," attached hereto and made a part hereof, and Defendant executed a Guaranty Agreement -2- (the "Guaranty Agreement No. 2") a copy of which is marked Exhibit "E," attached hereto and made a part hereof. 7. As Security for the Guaranty Agreement No. 2, Defendant executed and delivered to Plaintiff a Mortgage (the "Mortgage") dated October 8, 1990, in the amount of $1,600,000.00, which Mortgage is secured by the Premises, a copy of which is marked Exhibit "F," attached hereto and made a part hereof. The Mortgage was recorded on October 9, 1990, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 993, Page 115. 8. The Guaranty Agreement No. 2 and Mortgage are collectively referred to as the "Mortgage Documentation" in this Complaint. 9. The Mortgage has not been assigned. 10. Borrower is in default under the terms of the Note No. 2 for its failure to pay the principal amount of the Loan, together with accrued interest, due June 25, 2000, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit and costs of collection including title search fees and reasonable attorney's fees. 11. Pursuant to the terms of the Mortgage Documentation, Defendant, upon Borrower's default, is responsible for payment of the principal balance of the Loan, together with accrued interest, all reasonable costs and expenses of suit, including, but not limited to, attorney's fees. As set forth in the Guaranty Agreement said attorney's fees shall be charged at a rate of fifteen (15%) percent of the total amount due and owing to Plaintiff. 12. The attorney's fees referred to in the preceding paragraph, and set forth below, are in conformity with the Mortgage Documentation and Pennsylvmfia law and will be collected in the event ora third party purchaser at sheriff's sale. If the Mortgage is reinstated prior to the sale date, reasonable attorney's fees will be charged based on the work actually performed. 13. Under the terms of the attached Guaranty Agreement, the Defendant, as a result of Borrower's default is liable to Plaintiff as follows: Principal balance Accrued but unpaid interest through 2/13/01 Escrow reserves Title Search Fees Attorney's Fees at 15% Late charges through 2/13/01 Satisfaction fees Total as of 2/13/01 $ 765,916.57 278,O2O.48 3,975.50 150.00 14,887.49 850.00 50.00 $1,163,850.04 Plus the following amounts accruing after 2/13/01 to date of Judgment: Interest at the default rate specified in the Mortgage Documentation; Late Charges as set forth in the Mortgage Documentation; Reasonable attorney's fees; Costs of suit; All other amounts advanced pursuant to the Mortgage Documentation. 14. The Loan to Borrower and Defendant's guarantee of same is a commercial loan and Section 403 of Act No. 6 of the 1974 Session of the General Assembly of the Commonwealth of Pennsylvania, 41 P.S. § 403 ("Act 6") and 35 P.S. § 1680.401 (c) of the 1983 Session of the General Assembly ("Act 91") are not applicable. -4- 15. Plaintiff has demanded payment of the mount owed from Defendant but Defendant has failed or refused to pay the same and has not cured the default as of the date of the filing of this action. WHEREFORE, Plaintiff demands judgment against the Defendant for foreclosure and sale of the mortgaged premises in the amounts due as set forth in paragraph l 2, namely $1,163,850.04, plus the following amounts accruing after February 13, 2001, to the date of judgment: Interest at the default rate specified in the Mortgage Documentation; late charges as set forth in the Mortgage Documentation; reasonable attorney's fees; costs of suit; and all other amounts advanced pursuant to the Mortgage Documentation. 939382.1 Respectfully submitted, BARLEY, SIal'DER, SENFT & COItEN, LLC / ~ame~ ~VL r~.Cy, s~Xtire ! I.D. # 20843 Beverly J. Points, Esquire I.D. # 65892 14 Center Square Hanover, Pa 17331 717-637-6239 -5- VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904, relating to unswom falsifications to authorities. BANK OF H~I~OV~AND TRUST COMPANY -6- EXHIBIT "A" PROPERTY DESCRIPTION Street Address: 2930 Arcona Road, Mechanicsburg, PA, 17055 ALL that certain piece or parcel of land, together with the improvements thereon erected, situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point where the center line of McCormick Road, also known as T-116, intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line of McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11 minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet; South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04 seconds West, 25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38 degrees 40 minutes 19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot No. 3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North 5 degrees 25 minutes 2 seconds East, 62.34 feet; No~h 76 degrees 54 minutes 55 seconds East, 25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37 minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet; North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North 1 degree 16 minutes 43 seconds East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50 minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned Plan of Lots; thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a point in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feet to a point; thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608.82 feet to a point, the place of BEGINNING. BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by William B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834 acres. Recorded in Plan Book 25, page 17.) KI~OW .~,T.T. ~N BY THESE PRESENTS THAT EQUICO REALTY GROUP, a Pennsylvania General Partnership consisting of Stanley D. Adler, Jr., Robert P. Sariano and James D. Weneck, Jr., Party of the First Part, hereinafter called "OBLIGOR", held and firmly bound unto BANK OF HANOVER & TRUST COMPANY, a Pennsylvania Corporation having its principal place of business at 25 Carlisle Street, Hanover, Pennsylvania 17331, Party of the Second Part, hereinafter called "OBLIGEE" in the sum of Three Million Two Hundred Thousand and 00/100--- ($3,200,000.00)---Dollars, lawful money of the United States of America, to be paid to the said 0bligee, its successors, executors, administrators or assigns, to which payment well and truly to be made, does bind its successors, executors and administrators, and every of them, firmly by these presents. Sealed with its seal. Dated the ~g~ day of ~ .y in the year of our Lord One Thousand Nine Hundred Eighty-nine (1989). THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Obligor, its successors, executors or administrators, or any of them, shall and do well and truly pay, or cause to be paid unto the said Obligee, its successors, executors, administrators or assigns the sum of One Million Six Hundred Thousand and 00/100--- Dollars, lawful money aforesaid, payable in full within Twenty (20) years from date hereof, together with intere~%~.~t th~ rate of One and one-half percent (1.50%) in excess of Obliger's prime rate (presently Eleven and one-half percent (11.50%) plus one and one- EXHIBIT "B" - Page 1 half percent (1.50%) for a total interest of Thirteen percent (13%)). The above interest rate shall be effective for the first year of the loan. Thereafter, the loan interest rate shall be adjusted on each anniversary date of the loan to the Obligee's current prime ra~e, plus one and one-half percent (1.50%). For the initial Three (3) years of the loan, installments of principal and interest shall be based on a monthly Twenty- five (25) year amortization. Thereafter, the balance of the loan shall be repaid by monthly installments or principal and interest based on a Seventeen (17) year amortization. The amount of the monthly installments of principal and interest shall be Thirteen Thousand Five Hundred Thirty-five and 00/100---(13,535.00)--- Dollars each for the first year of the loan. Thereafter, monthly installments may be adjusted due to annual changes in the loan interest rate, change in amortization period, or the advancement of additional loan principal. Payments shall be made at or such other place as Mortgagors shall designate in writing. Such monthly installments shall continue until the entire indebtedness evidenced by this that any remaining indebtedness, and payable on the Z ~& day of Principal and interest within Twenty (20) years contained shall affect the instrument is fully paid, except if not sooner paid, shall be due W~7 , 2009. shall be due and payable in full herein and its from date hereof. Nothing due date of the within Bond EXHIBIT "B" - Page 2 accompanying Mortgage. Notwithstanding the foregoing, it is acknowledged that One Million Two Hundred Thousand---($1,200,000.00)---Dollars shall be disbursed contemporaneously herewith. Additional advances of loan principal not to exceed a total of One Million Six Hundred Thousand and 00/100---($1,600,000.00)---Dollars shall be available to Obligor only if and when annual of the premises shall exceed and debt service of the loan. Annual cash flow generated from rental continue to exceed the annual cash flow shall mean the total annual gross rentals, and overage, if any, less all annual expenses of the premises which are paid by or are the responsibility of the Obligor, as all of the above are requested by Obligor in its annual federal income tax return for any given year. Annual debt service shall mean the total of all monthly installments of principal and interest paid or payable on the loan for any given year. Additional advances of loan principal may be made available to Obligor by Obligee only to the extent that annual cash flow shall at all times be sufficient to repay the annual debt service in accordance with the amortization and repayment terms specified herein. The indebtedness shall be paid without any fraud or further delay; and also from time to time, and at all times until payment of the said principal sum be made, as aforesaid, keep the building mentioned in the said Mortgage insured for the benefit of the Mortgagee, in some good and reliable fire insurance company or EXHIBIT "B" - Page 3 companies licensed to transact business in the Commonwealth of Pennsylvania, in the amount of at least One Million Six Hundred Thousand and 00/100---($1,600,000.00)---Dollars and take out no insurance on said building without mortgagee or loss payable clause for benefit of Obligee,: and if the Obligor neglects to procure such fire insurance, or permits the policy or policies evidencing the same to lapse because of non-payment of premiums or otherwise, Obligee may secure and take out such fire insurance in its own name, and the premium or premiums paid therefore by Obligee shall be added to and be collected as a part of the principal sum due and in the same manner, together with interest thereon at the same rate as is payable on the said principal sum; and Obligor further covenants to pay all taxes lawfully assessed and levied by any proper tax authority against the premises described in the said Mortgage as well as all lawful municipal claims including charges, whether or not reduced to liens, for paving, sidewalks and repairs thereto, sewers, and water rents charged by any municipality or any municipal authority; and upon demand therefore Obligor shall exhibit to Obligee proper receipts for such taxes and municipal claims, and that if Obligor neglects to pay such taxes and municipal claims, Obligee may pay the same or any part thereof and add the amount or amounts so paid, or the aggregate thereof, to said principal sum and collect the same with interest thereon in the manner provided in this Bond; then the above obligation to be void, or else to be and remain in full EXHIBIT "B" - Page 4 force and virtue. And the further condition of this obligation is such, that if at any time default shall be made in the payment of the principal debt or any installment thereof or interest, or additions thereto as aforesaid, for the space of Thirty (30) days after any payment thereof shall fall due, or if a breach of any other of the foregoing conditions be made by the said Obligor, its successors, executors, administrators or assigns, then and in such case the said principal sum shall, at the option of the said 0bligee, its successors, executors, administrators or assigns, become due, and the payment of the same, with interest and costs of insurance due thereon, and additions as aforesaid, together with any attorney's commission of FIVE (5) PERCENT on the said principal sum, besides costs of suit, may be enforced and recovered at once, anything herein contained to the contrary thereof in anywise notwithstanding. And further, the Obligor does hereby empower any attorney of any court of record of the Commonwealth of Pennsylvania to appear for it and with or without a declaration filed in its name, to confess a judgment or judgments in favor of the above-mentioned Obligee, its successors, executors, administrators, or assigns, and against it for the penal sum of Three Million Two Hundred Thousand and 00/100--- ($3,200,000.00)---Dollars, with costs of suit, charges, and attorney's commission as aforesaid; on which judgment or judgments one or more executions may issue forthwith upon failure to comply with any of the terms and conditions of this bond or said EXHIBIT "B" - Page 5 mortgage. The undersigned, hereby forever waives and releases all errors in said proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees to condemnation of any property levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any property that is or hereafter may be exempted by law. SIGNED, SEALED AND DELI1~ERED IN THE PRESENCE OF Witness Witness Witness Witness Witne'ss Witn~s / EQUICO ~EAL~ GROUP, a Penns~vani~G~neral P rshi /Stanley D. A~l~r, Jr. · Copartner 'Robert P. Sariano Copartner ~mes ~. ~eneck, ~r. /~or~a'~ner /Stanley Br Afl'r, J~ Betty'S] A~ler Guarantor ~ 6 EXHIBIT "B" - Page 6 GUARANTY AGREEMENT 1. DEFINITIONS - As used herein, the following terms shall have the meanings indicated: (a) "Undersigned" means the person, including any form of legal entity, or, if more than one, all of the persons by whom, or on whose behalf, this Guaranty is signed; (b) "Bank" means --Bank of Hanover and Trust Company--; (c) "Principal Debtor" means --Equico Realty Group--; (d) "Principal Debtor's Liabilities to Bank" means all existing and future liabilities, whether absolute or contingent, of the Principal Debtor to the Bank of any nature whatsoever and out of whatever transactions arising. 2. CONTINUING GUARANTY - The Undersigned hereby unconditionally guarantees to the Bank the due performance, including, but not being limited to, the prompt payment when due of the Principal Debtor's Liabilities to Bank. This Guaranty is a continuing one and shall be effective and binding on the Undersigned regardless of how long before or after the date hereof any of the Principal Debtor's Liabilities to Bank were or are incurred; provided, however, that any one of the Undersigned who gives written notice to Bank to that effect shall not be liable hereunder for such of the Principal Debtor's Liabilities to Bank as are incurred after the receipt by the Bank of such written notice, unless the same are renewals, extensions or modifications of liabilities theretofore existing or unless the Bank is bound by agreement entered into before the receipt of such notice to permit the same to be incurred. 3. AMOUNT OF LIABILITY - The amount of the undersigned's liability hereunder shall be One Million Six Hundred Thousand ($1,600,000.00) Dollars. If the amount of the Undersigned's liability hereunder is herein limited, the Undersigned agrees that the amount of the Principal Debtor's Liabilities to Bank may, from time to time, exceed the said limit of the Undersigned's liability hereunder without in any way affecting the liability of the Undersigned hereunder, and the Bank may apply any payment with respect to Principal Debtor's Liabilities to Bank to or on account of such of Principal Debtor's Liabilities to Bank and in such order as the Bank may elect. 4. UNCONDITIONAL LIABILITY - The liability of the Undersigned hereunder is absolute and unconditional and shall not be affected in any way by reason of (a) any failure to retain or preserve, or the lack of prior enforcement of, any rights against -1- EXHIBIT "C" - Page 1 any person or persons (including the Principal Debtor and any of the Undersigned) or in any property, (b) the invalidity of any such rights which may be attempted to be obtained, (c) any delay in enforcing or failure to enforce any such rights even if such rights are thereby lost, or (d) any delay in making demand on the Undersigned for performance or payment of the Undersigned's obligations hereunder. 5. WAIVERS - The Undersigned hereby waives all notices of any character whatsoever with respect to this Guaranty and the Principal Debtor's Liabilities to Bank, including but not being limited to, notice of the acceptance hereof and reliance hereon, of the present existence or future incurring of any of the Principal Debtor's Liabilities to Bank, of the amount, terms and conditions hereof, and of any defaults thereon. The Undersigned hereby consents to the taking of, or failure to take, from time to time without notice to the undersigned, any action of any nature whatsoever with respect to the Principal Debtor's Liabilities to Bank and with respect to any rights against any person or persons (including the Principal Debtor and any of the Undersigned) or in any property, including but not being limited to, any renewals, extensions, modifications, postponements, compromises, indulgences, waivers, surrenders, exchanges and releases, and the Undersigned will remain fully liable hereon notwithstanding any of the foregoing; provided however, that the granting of a release of the liability hereunder of less than all of the Undersigned shall be effective with respect to the liability hereunder of the one or more who are specifically so released but shall in no way affect the liability hereunder of any not so released. The death or incapacity of any of the Undersigned shall in no way affect the liability hereunder of any other of the Undersigned. The Undersigned hereby waives the benefit of all laws now or hereafter in effect in any way limited or restricting the liability of the Undersigned hereunder, including without limitation (a) all defenses whatsoever to the Undersigned's liability hereunder except the defense of payments made on account of the Principal Debtor's Liabilities to Bank and the Undersigned's liability hereunder, and (b) all right to stay of execution and exemption of property in any action to enforce the liability of the Undersigned hereunder. 6. PAYMENT OF COSTS In addition to all other liability of the Undersigned hereunder and notwithstanding the limit, if any, set forth in paragraph 3, hereof, the Undersigned also agrees to pay to the Bank on demand all costs and expenses (including reasonable attorneys' fees and legal expenses which may be incurred in the enforcement of the Principal Debtor's Liabilities to Bank or the liability of the Undersigned hereunder. 7. ACCELERATION OF LIABILITIES - If any of the Principal Debtor's Liabilities to Bank is not duly performed, including the -2- EXHIBIT "C" - Page 2 prompt payment when due of any amount payable thereon, all the Principal Debtor's Liabilities to Bank shall at the Bank's option be deemed to be forthwith due and payable for the purposes of this Guaranty and the liability of the Undersigned hereunder. 8. CONFESSION OF JUDGMENT - The Undersigned hereby irrevocably authorizes and empowers any attorney of any court of record to appear for and confess judgment therein against the Undersigned, or any of them, for the amount for which the Undersigned may be or become liable to Bank under this Guaranty as evidenced by an affidavit signed by an officer of the Bank setting forth the amount then due, plus fifteen (15%) percent thereof, but no less than Five Hundred ($500.00) Dollars, as an attorney's commission, with costs of suit, release of errors, and without right of appeal. If a copy hereof, verified by an affidavit, shall have been filed in said proceeding, it shall not be necessary to file the original as a warrant of attorney. The Undersigned waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void, but the power shall continue undiminished and may be exercised from time to time as often as the Bank shall elect, until all sums payable or that may become payable by the Undersigned have been paid in full. 9. NO SUBROGATION - So long as the Principal Debtor's Liabilities to Bank have not been paid in full, no payment by the Undersigned pursuant to the provisions hereof shall entitle the Undersigned, by subrogation to the rights of the Bank or otherwise, to any payment by the Principal Debtor or out of the property of the Principal Debtor. 10. OTHER GUARANTIES - A subsequent guaranty by the Undersigned or any other guarantor of the Principal Debtor's Liabilities to Bank shall not be deemed to be in lieu of or to supersede or terminate this guaranty but shall be construed as an additional or supplementary guaranty unless otherwise expressly provided thereon; and in the event the Undersigned or any other guarantor has given to the Bank a previous guaranty or guaranties, this guaranty shall be construed to be an additional or supplementary guaranty, and not to be in lieu thereof or to terminate such previous guaranty or guaranties unless expressly so provided herein. 11. MISCELLANEOUS - If the Undersigned consists of more than one person, such persons shall be jointly and severally liable hereunder. This Guaranty will inure to the benefit of the Bank, its successors, assigns, endorsees and any person or persons, including any banking institution or institutions, to -3- EXHIBIT "C" - Page 3 whom the Bank may grant any interest in the Principal Debtor's Liabilities to Bank or any of them, and shall be binding upon the Undersigned and the Undersigned's executors, administrators, successors, assigns, and other legal representatives. The Undersigned intends this to be a sealed instrument and to be legally bound hereby. Ail issues arising hereunder shall be governed by the laws of Pennsylvania. ~day of /~/7 , 1989. Executed this WITNESS: Stanley D: Adler, Jr.~ d!er ~ (SEAL) James D. eneck, Jr. -4- EXHIBIT "C" - Page 4 TERM NOTE At: Hanover, Pennsylvania Amount: $1,600,000.00 EQUICO REALTY GROUP to BANK OF HANOVER AND TRUST COMPANY WHEREAS, Equico Realty Group, a Pennsylvania General Partnership, executed a mortgage dated , and Loan Agreement dated ~A~ ~j ~F~ Note dated AA~,~,~ , in th~ amount of WI{EREAS, Equico Realty Group defaulted pursuant to the terlas thereof; and WHEREAS, the Note given by Equico Realty Hanover and Trust Company was entered of record the Prothonotary of Cumberland County, /~ ~,t*g9 , evidenced by $1,600,000; and under the Note Group to Bank of in the Office of Pennsylvania; and WHE1LEAS, Equico Realty Group has cured the default which existed and has requested that the judgment be satisfied of record in Cumberland County; and WHERF2%S, Equico Realty Group acknowledges that the original debt to Bank of Hanover and Trust Company has not been paid in full. NOW, THEREFORE, in consideration of the satisfaction of the judgment entered in cumberland County, Pennsylvania, Equico Realty Group hereby executes this Note which evidences the debt referred to the in the Loan Agreement and Mortgage dated tM~ ~9~ , and pursuant to the terms of Note dated ~A~,~ , for value received and the consideration stated heremnabove, EQUICO REALTY GROUP, a Pennsylvania General Partnership consisting of Stanley D. Adler, Jr., Robert P. Sariano and James D. Weneck, Jr., (hereinafter refered to as "Maker"), the undersigned, does hereby promise to pay to the order of BANK OF HANOVER AND TRUST COMPANY, a Pennsylvania corporation (hereinafter referred to as "Holder"), at the principal office of said Holder at 25 Carlisle Street, Hanover, Pennsylvania, or at such other place as the said Holder hereof may from time to time designate, in writing, the sum of One Million Six Hundred Thouand ($1,600,000.00) Dollars, lawful money of the United States of America, and any additional monies loaned or advanced hereunder by the Holder hereof, as hereinafter provided, with interest on the unpaid balances of principal in accordance with the Loan Agreement dated ~ ~.~,~, all the terms of which are hereby incorporated nereln and made a part of this Term Note, with the same force EXHIBIT "D" - Page 1 and effect as if the said Loan Agreement were set forth at length herein. This Term Note shall evidence the aggregate amount of all advances to Maker by Holder, from time to time, in a total amount not to exceed One Million six Hundred Thousand ($1,600,000.00) Dollars. AND, the said Maker does hereby authorized and empower the Prothonotary, Clerk of Court, or any attorney of any court of record in Pennsylvania, or elsewhere, to appear for and confess judgment against them and in favor of said Holder, its successors and assigns, as of any term, past, present or future, with or without declaration, for the debt evidenced by this Term Note, with interest thereon, together with costs of suit and reasonable attorney's fees for collections, with release of all errors, and on which judgment the Holder may, on failure of the said Maker to comply with any of the stated terms, provisions and conditions of this Term Note, issue or cause to be issued an execution or executions, waiving inquisition and condemnation as to any property levied upon by virtue of any such execution, waiving all exemption from levy and sale of any property which now is or hereafter may be exempt under any Act of Assembly. The Maker hereby waives presentment for payment, protest and demand for notice of protest, demand for and notice of dishonor, and notice o~f nonpayment of this Term Note, and consents that the Holder hereby may extend that time of payment, or otherwise modify the terms of payment of any part of the whole of the debt evidenced by this Term Note, and such consent shall not alter or diminish the liability of Maker hereunder. "Holder" refers to the Holder and its successors and assigns, as the case may be. IN WITNESS WI~EREOF, the said Maker has caused these presents to be duly executed the day and year first above written. Witness: EQUICO RElY GROUP, a Pennsyl- vania G~ral Par~ership __ / ~r~P~ Sarlano ames D. Weneck, Jr.// EXHIBIT "D" - Page 2 GUARANTY AGREEMENT 1. DEFINITIONS - As used herein, the following terms shall have the meanings indicated: (a) "Undersigned" means the person, including any form of legal entity, or, if more than one, all of the persons by whom, or on whose behalf, this Guaranty is signed; (b) "Bank" means BANK OF HANOVER AND TRUST COMPANY; (c) "Principal Debtor" means EQUICO REALTY GROUP; (d) "Principal Debtor's Liabilities to Bank" means all existing and future liabilities, whether absolute or contingent, of the Principal Debtor to the Bank of any nature whatsoever and out of whatever transactions arising. 2. CONTINUING GUARANTY - The Undersigned hereby unconditionally guarantees to the Bank the due performance, including, but not being limited to, the prompt payment when due of the Principal Debtor's Liabilities to Bank. This Guaranty is a continuing one and shall be effective and binding on the Undersigned regardless of how long before or after the date hereof any of the Principal Debtor's Liabilities to Bank were or are incurred; provided, however, that any one of the Undersigned who gives written notice to Bank to that effect shall not be liable hereunder for such of the Principal Debtor's Liabilities to Bank as are incurred after the receipt by the Bank of such written notice, unless the same are renewals, extensions or modifications of liabilities theretofore existing or unless the Bank is bound by agreement entered into before the receipt of such notice to permit the same to be incurred. 3. AMOUNT OF LIABILITY - The amount of the undersigned's liability hereunder shall be One Million Six Hundred Thousand ($1,600,000.00) Dollars. If the amount of the Undersigned's liability hereunder is herein limited, the Undersigned agrees that the amount of the Principal Debtor's Liabilities to Bank may, from time to time, exceed the said limit of the Undersigned's liability hereunder without in any way affecting the liability of the Undersigned hereunder, and the Bank may apply any payment with respect to Principal Debtor's Liabilities to Bank to or on account of such of Principal Debtor's Liabilities to Bank and in such order as the Bank may elect. 4. UNCONDITIONAL LIABILITY - The liability of the Undersigned hereunder is absolute and unconditional and shall -1- EXHIBIT "E" - Page 1 not be affected in any way by reason of (a) any failure to retain or preserve, or the lack of prior enforcement of, any rights against any person or persons (including the Principal Debtor and any of the Undersigned) or in any property, (b) the invalidity of any such rights which may be attempted to be obtained, (c) any delay in enforcing or failure to enforce any such rights even if such rights are thereby lost, or (d) any delay in making demand on the Undersigned for performance or payment of the Undersigned's obligations hereunder. 5. WAIVERS - The Undersigned hereby waives all notices of any character whatsoever with respect to this Guaranty and the Principal Debtor's Liabilities to Bank, including but not being limited to, notice of the acceptance hereof and reliance hereon, of the present existence or future incurring of any of the Principal Debtor's Liabilities to Bank, of the amount, terms and conditions hereof, and of any defaults thereon. The Undersigned hereby consents to the taking of, or failure to take, from time to time without notice to the undersigned, any action of any nature whatsoever with respect to the Principal Debtor's Liabilities to Bank and with respect to any rights against any person or persons (including the Principal Debtor and any of the Undersigned) or in any property, including but not being limited to, any renewals, extensions, modifications, postponements, compromises, indulgences, waivers, surrenders, exchanges and releases, and the Undersigned will remain fully liable hereon notwithstanding any of the foregoing; provided however, that the granting of a release of the liability hereunder of less than all of the Undersigned shall be effective with respect to the liability hereunder of the one or more who are specifically so released but shall in no way affect the liability hereunder of any not so released. The death or incapacity of any of the Undersigned shall in no way affect the liability hereunder of any other of the Undersigned. The Undersigned hereby waives the benefit of all laws now or hereafter in effect in any way limited or restricting the liability of the Undersigned hereunder, including without limitation (a) all defenses whatsoever to the Undersigned's liability hereunder except the defense of payments made on account of the Principal Debtor's Liabilities to Bank and the Undersigned's liability hereunder, and (b) all right to stay of execution and exemption of property in any action to enforce the liability of the Undersigned hereunder. 6. PAYMENT OF COSTS - In addition to all other liability of the Undersigned hereunder and notwithstanding the limit, if any, set forth in paragraph 3, hereof, the Undersigned also agrees to pay to the Bank on demand all costs and e×penses (including reasonable attorneys' fees and legal expenses which may be incurred in the enforcement of the Principal Debtor's -2- EXHIBIT "E" - Page 2 Liabilities to Bank or the liability of the Undersigned hereunder. 7. ACCEI~TION OF LIABILITIES - If any of the Principal Debtor's Liabilities to Bank is not duly performed, including the prompt payment when due of any amount payable thereon, all the Principal Debtor's Liabilities to Bank shall at the Bank's option be deemed to be forthwith due and payable for the purposes of this Guaranty and the liability of the Undersigned hereunder. 8. CONFESSION OF JUDGMENT - The Undersigned hereby irrevocably authorizes and empowers any attorney of any court of record to appear for and confess judgment therein against the Undersigned, or any of them, for the amount for which the Undersigned may be or become liable to Bank under this Guaranty as evidenced by an affidavit signed by an officer of the Bank setting forth the amount then due, plus fifteen (15%) percent thereof, but no less than Three Hundred ($300.00) Dollars, as an attorney's commission, with costs of suit, release of errors, and without right of appeal. If a copy hereof, verified by an affidavit, shall have been filed in said proceeding, it shall not be necessary to file the original as a warrant of attorney. The Undersigned waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void, but the power shall continue undiminished and may be exercised from time to time as often as the Bank shall elect, until all sums payable or that may become payable by the Undersigned have been paid in full. 9. NO SUBROGATION - So long as the Principal Debtor's Liabilities to Bank have not been paid in full, no payment by the Undersigned pursuant to the provisions hereof shall entitle the Undersigned, by subrogation to the rights of the Bank or otherwise, to any payment by the Principal Debtor or out of the property of the Principal Debtor. 10. OTHER GUARANTIES - A subsequent guaranty by the Undersigned or any other guarantor of the Principal Debtor's Liabilities to Bank shall not be deemed to be in lieu of or to supersede or terminate this guaranty but shall be construed as an additional or supplementary guaranty unless otherwise expressly provided thereon; and in the event the Undersigned or any other guarantor has given to the Bank a previous guaranty or guaranties, this guaranty shall be construed to be an additional or supplementary guaranty, and not to be in lieu thereof or to terminate such previous guaranty or guaranties unless expressly so provided herein. -3- EXHIBIT "E" - Page 3 11. MISCET.TmuN-EOUS - If the Undersigned consists of more than one person, such persons shall be jointly and severally liable hereunder. This Guaranty will inure to the benefit of the Bank, its successors, assigns, endorsees and any person or persons, including any banking institution or institutions, to whom the Bank may grant any interest in the Principal Debtor's Liabilities to Bank or any of them, and shall be binding upon the Undersigned and the Undersigned's executors, administrators, successors, assigns, and other legal representatives. The Undersigned intends this to be a sealed instrument and to be legally bound hereby. All issues arising hereunder shall be governed by the laws of Pennsylvania. Executed this day of U~,~/ , 1990. Witness: / ~ ~//~SEAL) ~ett~ J. Af[i~/ ! ~ /~me~v. S-ariano James D. Weneck, J~f. (SEAL) -4- EXHIBIT "E" - Page 4 MORTGAGE T~S ~O~T~^~ C'S~.ri,~ ~.,,r~,.~.,")i. ~i~e. o. ............. ~..._Z ...................................................... I 9.~.¢..... The mortgagor is ..~...~.~.. ~.,...~ ~...~.. ~..~.* ..~ s .. ~.~.~..~ .. ~ ~., ..~.~ ..... ,,c~be~l~&. ~o~t~...P~Lv~... ("Borrower"). This S~udty Instrument is given to ..~ .......................................................................................... r .................................................. which is o~ganlzed and existing ............................................... s ........................................................................................................................ ( Lea ). .................................................................. Dolla~ (U.S. $.1..6~0 .~0 .flO~. This debt is evidenced by Borrower's hole EXHIBIT "F" - Page 1 Lender may nol charge for holding and applying the Funds, analyzir~g the accounl or verifyiag the escrow hems, unless 3. Applleatlon of Payments, Unless applicable law provides otherwise, all paymenls received by Lender under Borrower shall pay thcze obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall {~il Ii the lien by, or defends agail~st enforcement of the liel~ in, legal progeedings which in the Lender's opini~n oper~lt e lo Lm reasollably wilhheld. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by Ihis EXHIBIT "F" - Page 2 l£ Lender required mortgage insurance as a condition of making the loan secured by this Security lnstrumenl, Borrower shall pay Ihe premiums required to maintain the insurance in effecl until such lime as thc requiremenl i llsufa nee [ermlnale~ ill accordance with Borrower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable emries upon and inspeetions of the Properly. Lender shall give Borrower nolice al Ihe time o£or prior to an inspection specifying reasonable cause for Ihe inspection. 9. Condemnation. The proceeds of any award or claim for damage, direct or consequenlial, in conueclion wiil~ assigned and shall be paid to Lender. malle an a w',atr~e~t leca.,claim:for damages,lBorrower fails Io respond to Lender within 30 days aBor the date I he notice is t o t h~: s u n~ si:c~.la:'s~t~Ltil~¢icari~ I ns t r u m~nt whether or not then due. EXHIBIT "F" - Page 3 NON-U~41 FORM COVENANTS. Borrower and Lender fur¢her covenant and agree as follows: Instrument. {Cheek applicable box(es)] [] Adjustable Rate Rider [] Condominium Rider [] 24 Family Rider [] Other(s) [sp~ify] ....................................................................................... ~(Seal) ..................................................................................... · CO~ONWEALTH OF PENNSYLVANIA: SS: COUNTY OF ON TUlS, the ~ day of ~o~L , 1990, before me, a Notary Public, the undersigned officer~ personally appeared STANLEY D. ~LER, JR. AND BETTY J. ADLER, liUSE~D AND WIPE, known to me (oc satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument and acknowledged I hereby certify t:he precise address of the within named Mortgagee to be: Carlisle Street, Hanover~ PA, 1733I .d~-r.~.-me~/figent for Mortgagee iEXHIBIT "F" - Page 4 EXHIBIT A ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Alien, cumberland County, Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point where the center line of McCormick Road, also known as T-116 intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line of McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11 minutes 12 seconds West 701.25 feet; south 83 degrees 19 minutes 4 second~ West 36.83 feet; south 69 degrees O0 minutes 34 seconds West 25.07 feet; South 57 degrees 37 minutes 04 seconds West 25.02 feet; South 45 degrees 14 minutes 26 seconds West 28,81 feet; South 38 degrees 40 minutes 19 seconds West 164.53 feet and South 54 degrees 21 minutes 59 seconds West 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot No. 3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North 5 degrees 25 minutes 2 seconds East 62.34 feet; North 76 degrees 54 minutes 55 seconds East 25.46 feet; North 20 degrees 12 minutes 30 seconds East 153.24 feet; North 6 degrees 37 minutes 38 seconds West 94.45 feet; North 26 degrees 37 minutes 27 seconds East 60.76 feet; North 15 degrees 17 minutes 27 seconds East 113.35 feet; North 1 degree 16 minutes 43 seconds East 71.72 feet; North 19 degrees 32 minutes 42 seconds West 101.29 feet; North 48 degrees 50 minutes 8 seconds East 43.94 feet; and North 18 degrees 53 minutes 46 seconds West 55.27 feet to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned plan of lots; thence along the last said line North 78 degrees 35 minutss 46 seconds East 588 feet to a point in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West 100.06 feet to a point; thence continuing along the same South 21 degrees 29 minutes 5 seconds East 608.82 feet to a point, the place of BEGINNING. BEING Lot NO. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by William B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834 acres. Recorded in Plan Book 25~ Page 17. Having thereon erected a single brick residence with integral four (4) car garage. Said premises being known and numbered as 2930 Arcona Road, Mechanicsburg, Pennsylvania, 17055. BEING the same premises which Chas. Adler & Son, Inc., by its Deed dated February 6, 1987, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book M, Volume 32, Page 548, granted and conveyed to Stanley D. Adler, Jr. and B~t~y~. J~' '~dler, husband and wife, Mortgagors herein. EXHIBIT "F" - Page 5 SHERIFF'S RETURN - OUT OP COUNTY CASE NO: 2001-01119 P COMMONWEALTH OF PENNSYLVkNIA: COUNTY OF CUMBERLAiqD B~NK OF HkNOVERAiqD TRUST CO VS ADLER ROBERT A ET AL R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEPENDANT , to wit: ADLER ROBERT A EXEC OF ESTATE OF BETTY J ADLER but was unable to locate Him in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT - MORT FORE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On March 22nd 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. DAUPHIN CO 31.50 .00 68.50 03/22/2001 BARLEY, SNYDER, So answers. ~/ -- R. Thomas Kline Sheriff of Cur~berland County SENPT, COHEN Sworn and subscribed to before me this 2'7 ~ day of ~,~ / A.D. Prothonotar~f ~ ' SHERIFF"S RETURN - OUT OF COUNTY CASE NO: 2001-01119 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJiND BANK OF HANOVER AND TRUST CO VS ADLER ROBERT A ET AL R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT KILLION PAUL J EXEC OF ESTATE OF BETTY J ADLER Sheriff or Deputy Sheriff who being search and diligent to wit: bailiwick· He therefore County, Pennsylvania, to but was unable to locate Him in his deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE On March 22nd , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 · 0O 10.00 · 00 · 00 16.00 03/22/2001 BARLEY, SNYDER, So answers3_ p · ~ Sheriff of Cumberland County SENFT, COHEN Sworn and subscribed to before me this ~7~ day of ~ A.D. Prothonot~r~ ' Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania Count~' of Dauphin : BANK OF HANOVER v$ : ADLER ROBERT A. & PAUL J. KILLION, EXE Sheriff's Return No. 0657-T - - -2001 OTHER COUNTY NO. 01-1119 AND NOW: March 12, 2001 at 10:22AM served the within NOTICE & COMPLAINT IN MORT FORECLOSURE ADLER ROBERT A. & PAUL J. KILLION, EXEC OF ESTATE OF BETTY J. ADLER to BILL ADLER, ATTORNEY of the original NOTICE & COMPLAINT IN MORT FORECLOSURE to him/her the contents thereof at C/O ADLER & ADLER 125 LOCUST ST. HARRISBURG, PA 17101-0000 upon by personally handing 2 true attested copy(ies) and making known Sworn and subscribed to before me this 13TH day of MARCH, 2001 So A~$wers t S~eriff of Dauphin County, Pa. Sheriff's Costs: $31.50 PD 03/07/2001 RCPT NO 147271 HOPKINS ~n The Court of Common Pleas of Cumberland County, Bank of Hanover S Trust Co. Robert A. Ad]er, et. al. Serve: NO. 01-1119 Civil Robert A. Adler, exec. of Estate of Betty J. Ad]er Now, 2/27/01 ,20 O ~, I, SHERIFF OF CIfMBERLAND COIINT¥, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cmmberlan d County, PA Affidavit of Service ,20 at o'clock M. served the ~poI1 IV handing to a and made lmown to copy of the original the contents thereof. SO aI1sx,'vers~ Swor~ and subscribed before me this __ day of ~ 2O Sheriff of County, PA COSTS SERVICE MILEAGE ,aFFIDAVIT The Court of Common Pleas of Cnmber~and Coun~, Pent, sylvania Bank of Hanover & Trust Cc,. VS. Robert A. Adler, et. al. Serve: Paul J. Kill,on, exec. of Estate of Betty J. Adler No. 01-1119 Civil NOW, 2 / 27 / 01 ,20 O {9, I, SHERIFF OF CUIvl]3ERLAND COI~qxITY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the ]Plaintiff. Sheriff of Cmmberland Count'y, PA within upon t~ handing to and made lcaown to Affidavit of Service ,20 ....... at o'clock copy of the original ~0 allS~erg~ served the the contents thereof. Sworn and subscribed before me this day of ,2O Sheriff of COSTS SERVICE MILEAGE AYFIDAVIT Conn~y, PA BANK OF HANOVER AND TRUST COMPANY, Plaintiff ROBERT A. ADLER AND PAUL I KILLION, EXECUTORS OF TH]E ESTATE OF BETTY J. ADLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 01-1119 CIVIL TERM ANSWER AND NOW COMES, Robert A. Adler and Paul J. Killion, Executors of the estate of Betty Adler, through their attorney, William L. Adler, Esquire, and represents the following: Admitted. Admitted in part and denied in part. Plaintiffs may send all correspondence to Adler & Adler, c/o William L. Adler, however, the address of the estate is 2930 Arcona Road, Mechanicsburg, PA 17055. Admitted. Denied. Letters were issued on February 6, 2001. Admitted in part and denied in part. It is admitted that the bulk of Exhibit "B" is a note from Equico Realty Group to the Bank of Hanover. It is denied that this is the actual note in that the loan agreement attached as Exhibit "B" does not reflect the agreement of the parties in that a police criminal complaint against a Scott Modest is included in this exhibit which has nothing to do with the loan to Equico Realty Group. This document involves a criminal complaint against Scott Modest for indecent exposure. Scott Modest had nothing to do with this action. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 10. 11, 12. 13. 14. 15. Admitted. Admitted. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Denied. The agreement speaks for itsel£ Denied. This is a conclusion of law to which no responsive pleading is required. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Denied. This is a conclusion oflaw to which no responsive pleading is required. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. WHEREFORE, Defendant respectfully requests that the complaint of plaintiff be dismissed. March 27, 2001 Respectfully submitted, William L. Adler, Esquire ADLER & ADLER P.O. Box 11933 125 Locust St. Harrisburg, PA 17108 717-234-3289 Supreme Court ID Number 39844 Attorney for Defendant VERIFICATION I VERIFY THAT THE STATEMENTS MADE 1N THE FOREGOINGPLEADING ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. CSA. Section 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: Robert A. Adler, Executor CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Defendant, hereby certify on the ~t-Vday of ~-4~ ,2001, I served a copy of the within Answer upon the following person by first class mail, postage prepaid, addressed as follows: Daniel M. Frey, Esquire BARLEY, SNYDER, SENFT & COHEN, LLC 14 Center Square Hanover, PA 17331 Will~iam~A~dlerA~,Esqu~ir ~ t/]~, .~ BANK OF HANOVER AND TRUST COMPANY, Plaintiff ROBERT A. ADLER AND PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER, AND NOW, De f endant s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 CIVIL 1119 CIVIL ACTION - LAW ORDER OF COURT this 31sT day of MAY, 2001, a pretrial conference in the above-captioned matter is SCHEDULED for MORDAY, JUNE 18, 2001, at 8:30 a.m. in Chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with at least five (5) days prior to the pretrial C.C.R.P. 212-4, conference. TRIAL in the matter will conference. Counsel available. Beverly Points, William L. Adler, Taryn Dixon cc: be scheduled at the pretrial are directed to have their calendars Esquire Esquire Edward E. Guido, J. Richard J. Pierce Court Administrator OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square · Carlisle, PA 17013 Phone (717) 240-6200 (717) 697-0371 (717) 532-7286 {717) 240-6462 FAX Taryn N. Dixon Assistant Court Administrator MEMORANDUM TO: FROM: DATE: IN RE: The Honorable Edward E. Guido Taryn N. Dixon, Assistant Court Administra~o~'~~f May 22, 2001 1119 Civil 2001 BANK OF HANOVER & TRUST CO. ¥o ROBERT A. ADLER, ET. AL. The above case is assigned to you for a non-jury trial. Please provide me with copies of your scheduling orders and final disposition date so that I can monitor the case for statistical purposes. Attachment PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sukmitted in duplicate) TO THE PNOTHONOTARY OF ~ERLA~D (~PUNTY Please list the following case: (.Check one) ( ) for JURY trial at the next term of civil court. ( X ) for trial without a jury. CAPTION OF CASE (entire caption rm~st be stated in full) (check one) BANK OF HANOVER AND TRUST COMPANY, (Plaintiff) VS. ROBERT A. ADLER AND PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER, (Defendant) VS. (x) ( ) ( ) Civil Action - Law Appeal from Arbitration (other) The trial list will be called on and Trials co~mnence on Pretrials will be held on (Briefs are due 5 days before pretrials. ) (The party listin§ this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. 01-Ill9 Civil Term 19 Indicate the attorney who will. try case for the party who files this praecipe: Beverly J. Points, Esquire, attorney for Plaintiff Indicate trial counsel for other parties if known: William L. Adler, Esquire, attorney for Defendant Date: This case is ready for trial. · ~: Beverly ~J. ~_P_~in t s Attorney for.. Plaintiff BANK OF HANOVER AND TRUST COMPANY, Plaintiff ROBERT A. ADLER AND PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 01-1119 CIVIL TERM TO: Adler, 1. 2. COURT ADMINISTRATOR OBJECTIONS TO LISTING CASE FOR TRIAL A_ND NOW COMES the Defendant, through his attorneys, Adler & and respectfully represents the following: Plaintiff has listed this case for trial without a jury. Defendant has discovery that it would like to conduct before trial and has not had the opportunity to do that. WHEREFORE Defendant respectfully requests that the Court not list the above case for trial. Respectfully submittT// William L. Adler, Esquire P.O. Box 11933 125 Locust St. Harrisburg, PA 17108 717-234-3289 Supreme Court ID Number 39844 CERTIFICATE OF SERVICE I, Craig I. Adler, Esquire, Attorney for Defendant, hereby certify on the _~_day of /L~ , 2001, I served a copy of the within Objection td Listing for Trial upon the following person by first class mail, postage prepaid, addressed as follows'. Beverly Points, Esquire BARLEY, SNYDER, SENFT & COHEN, LLC 14 Center Square Hanover, PA 17331 William L. Adler, Esquire BANK OF HANOVER AND TRUST : COMPANY, : Plaintiffs : ro ROBERT A. ADLER AND PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 CIVIL 1119 CIVIL ACTION - LAW IN RE: A pretrial 2001, before the Honorable PRETRIAL CONFERENCE conference was held Monday, June 18, Edward E. Guido, Judge. Beverly Points, Esquire, Adler, Esquire, represented the Plaintiff, and William L. represented the Defendant. This is an uncomplicated mortgage foreclosure action that will take one half day to try. The parties have agreed that all written discovery will be served by July 2, 2001. Any responses shall thereafter be timely filed. Any motions with regard to discovery shall be filed within 10 days after receipt of the response in which an objection is lodged or within 10 days after the response is due, whichever is sooner. A nonjury trial shall be held in this matter in Courtroom No. 5 of the Cumberland County Courthouse on~ugust 27, 2001, at 9:00 a.m. The parties are directed to file any motions in limine, with a brief in support thereof, by August 20, 2001. Any response to a motion in limine, with supporting authority, must be filed by August 24, 2001. The parties are directed to exchange exhibits by August 13, 2001. Any objections to the exhibits of the other party must be filed in the form of a motion in limine. The parties are further directed to have all of their exhibits premarked at trial. Beverly Points, Esquire Attorney for Plaintiff William L. Adler, Esquire Attorney for Defendants Court Administrator By the Court, Edward E. Guido, J. srs BANK OF HANOVER AND TRUST : COMPANY, : Plaintiff : ROBERT A. ADLER and PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1119 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of August, 2001, by agreement of the parties, judgment in mortgage foreclosure is entered in favor of Plaintiff and against Defendants in rem attached to 2930 Arcona Road, Mechanicsburg, Cumberland County, Pennsylvania, in the amount of $1,163.850.04, plus costs, interest and late charges as per the mortgage documents, accruing after February 13, 2001. By the Court, Beverly Points, Esquire Attorney for Plaintiff William L. Adler, Esquire Attorney for Defendants srs Edward E. Guido, J. BANK OF HANOVER AND TRUST COMPANY, Plaintiff ROBERT A. ADLER AND PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1119 CIVIL TERM ORDER OF COURT AND NOW, this 19TM day of SEPTEMBER, 2001, a Rule is issued upon the Defendants and the Sheriff to Show Cause why this matter should not be listed for the Sheriff's Sale on December 5, 2001. Rule returnable Friday, October 5, 2001. SheriffofCumberland County - ~ ~' ~/~,~. Prothonotary Edward E. Guido, J. Beverly J. Points, Esquire 14 Center Square Hanover, Pa. 17331 Robert A. Adler Paul J. Killion 125 Locust Street P.O. Box 11933 Harrisburg, Pa 17108 :sld COPY BANK OF HANOVER AND TRUST COMPANY, Plaintiff ROBERT A. ADLER AND PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-I 119 CIVIL TERM : ORDER OF COURT AND NOW, this 19TM day of SEPTEMBER, 2001, a Rule is issued upon the Defendants and the Sheriff to Show Cause why this matter should not be listed for the Sheriff's Sale on December 5, 2001. Rule returnable Friday, October 5, 2001. Sheriff of Cumberland County Prothonotary Beverly J. Points, Esquire 14 Center Square Hanover, Pa. 17331 Robert A. Adler Paul J. Killion 125 Locust Street P.O. Box 11933 Harrisburg, Pa 17108 :sld BANK OF HANOVER AND TRUST COMPANY, Plaintiff ROBERT A. ADLER AND PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY $. ADLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1119 CIVIL TERM ORDER OF COURT AND NOW, this 20TM day of SEPTEMBER, 2001, based upon the order of President Judge Hoffer dated September 18, 2001, attached hereto, the rule previously issued is vacated and the Prothonotary and Sheriffare directed to list this matter for the Sheriff's Sale scheduled for WEDNESDAY, DECEMBER 5, 2001. Sheriff of Cmmberland County Prothonotary Edward E. Guido, J. Beverly J. Points, Esquire 14 Center Square Hanover, Pa. 17331 Robert A. Adler Paul J. Killion 125 Locust Street P.O. Box 11933 Harrisburg, Pa 17108 :sld 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF HANOVER AND TRUST COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL J. KILLION, : EXECUTORS OF THE ESTATE OF : BETTY J. ADLER : Defendant : No. 2001 Civil 1119 MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT PURSUANT TO ORDER OF COURT DATED AUGUST 27, 2001 To the Prothonotary: Please enter judgment in favor of Plaintiff, Bank of Hanover and Trust Company, and against Defendant, Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler, in the above referenced matter pursuant to Order of Court dated August 27, 2001, as follows: Principal balance Accrued but unpaid interest through 9/10/01 Escrow reserves Title Search Fees Attorney's Fees at 5% Late charges through 9/10/01 Satisfaction fees $ 775,602.79 312,931.19 5,448.50 150.00 38,780.14 1,000.00 50.00 Total as of 9/10/01 $1,133,962.62 Plus the following amounts accruing after 9/10/01 to date of execution: Interest at the default rate specified in the Mortgage Documentation; Late Charges as set forth in the Mortgage Documentation; Reasonable attorney's fees; Costs of suit; All other amounts advanced pursuant to the Mortgage Documentation. Date: / ~,~/~ o~901 1016191.1 ~00 / 14 Center Square Hanover, PA 17331 (717) 637-6239 09/20/01 THU 15:27 FAX 717 637 5407 BarleYSnyderSenftCohen ~003 IN TI~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW' BANK OF HANOVER AND TRUST COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL J'. KIt,LION, £XECUTORS OF THE ESTATE OF BETI'Y I. ADLER Defendant No. 2001 Civil 1119 MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT PURSUANT TO ORDER OF COURT DATED AUGUST 27, 2001 ~o the Prothonotary: Please enter judgmem in favor of Plaintiff, Bank of Hanover and Trust Company, and against Defendant, Robert A. Adler and Paul J. Killion, Executors of thc Estate of Betty J. Adler, in the above referenced matter pursuant to Order of Court dated Augnst 27, 2001, as follows: Principal balance Accrued but uapaid interest through 9/10/01 ]~scrow l'~crves Tide Search Fccs Attorney's Fees at 5% Late charges through 9/10/01 Satisfaction fees $ 775,602.79 312,931.19 5,448.50 150.O0 38,780.14 1,000.00 50.O0 Total as of 9/10/01 $1,133,962.62 Plus the following amounts accruing after 9/10/01 to date of execution: Interest at thc dcfault rate specified in the Mortgage Documentation; Late Charges as set forth in thc Mortgage Documentation; Reasonable attorney's f~s; Costs of suit; All other amounts advauced pursuant to the Mortgage Documentation. 14 Center Square Hanover, PA 17331 (717) 637-6239 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF HANOVER AND TRUST COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL J. KILLION, : EXECUTORS OF THE ESTATE OF : BETTY J. ADLER : Defendant : No. 2001 Civil 1119 MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE To the Prothonotary: Please issue a writ of execution in the above matter: Principal balance Accrued but unpaid interest through 9/10/01 Escrow reserves Title Search Fees Attorney's Fees at 5% Late charges through 9/10/01 Satisfaction fees $ 775,602.79 312,931.19 5,448.50 150.00 38,780.14 1,000.00 50.00 Total as of 9/10/01 $1,133,962.62 P1.Bs the following amounts.~acc~mi_ 'ng after 9/10/01 to date of execution: Interest at the default rate specified in the Mortgage Documentation; Late Charges as set forth in the Mortgage Documentation; Reasonable attorney's fees; Costs of suit; All other mounts advanced pursuant to the Mortgage Documentation. 1010495.1 Attorneys for Plaintiff 14 Center Square Hanover, PA 17331 (717) 637-6239 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF HANOVER AND TRUST COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J, ADLER Defendant No. 2001 Civil 1119 MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.1 Barley, Snyder, Senft & Cohen, LLC, attorneys for Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 2930 Arcona Road, Mechanicsburg, PA 17055, a copy of which description is attached hereto. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address: Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler c/o Adler & Adler, 125 Locust Street, P.O. Box 11933, Harrisburg, PA 17108 2. Name and address of Defendant(s) in the Judgment: Name: Address: Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler c/o Adler & Adler, 125 Locust Street, P.O. Box 11933, Harrisburg, PA 17108 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: CCNB Bank, N.A. 4242 Carlisle Pike P.O. Box 8874 Camp Hill, PA 17001-8874 Robert G. Smith 4301 Jonestown Road Harrisburg, PA 17111 Meridian Bank 35 North Sixty Street Reading, PA 19603 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Tax Claim Bureau 1 Court House Square Carlisle, PA 17013-3387 Universal Bank, N.A. Universal Card Services, Corp. P.O. Box 44167 Jacksonville, FL 32231-4167 Name and address of the last recorded holder of every mortgage of Record: Alliance Mortgage Co. 8100 Nations Way Jacksonville, FL 32256 Bank of Hanover and Trust Company 25 Carlisle Street Hanover, PA 17331 Name and address of every other person who has any record lien on the real property to be sold: None 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 Name and address of every other person of whom the pla'mtiff has knowledge who has any interest in the property which may be affected by the sale: None ! verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Barley, Snyder, Senft & Cohen, LLC [010570.1 By 14 Center Square Hanover, PA 17331 (717) 637-6239 Attorney for Plaintiff PROPERTY DESCRIPTION Street Address: 2930 Arcona Road, Mechanicsburg, PA 17055 PID #42-I 1-0272-046A ALI. that certain piece or parcel of land, together with the improvements thereon erected, situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point where the center line of McCormick Road, also known as T-116, intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line of McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11 minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet; South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04 seconds West, 25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38 degrees 40 minutes 19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot No. 3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North 5 degrees 25 minutes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East, 25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37 minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet; North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North 1 degree 16 minutes 43 seconds East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50 minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned Plan of Lots; thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a point in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feet to a point; thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608.82 feet to a point, the place of BEGINNING. BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by William B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834 acres. Recorded in Plan Book 25, page 17.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF HANOVER AND TRUST COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER Defendant No. 2001 Civil 1119 MORTGAGE FORECLOSURE TAKE NOTICE: That the NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 Sheriffs Sale of Real Property (real estate) will be held on , in the SHERIFF'S OFFICE, CUMBERLAND COUNTY COURT HOUSE, 1 COURT HOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013- 3387 at o'clock, .M., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 2930 Arcona Road, Mechanicsburg, Upper Allen Townshiv, Cumberland County, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: 2001 Civil 1119, Court of Common Pleas of Cumberland County, Pennsylvania The name of the owner or reputed owner of this property is: Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Shefiffwithin thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitioner raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions. The petition must be served on the attorney for the creditor at least two (2) business days before presentation to the Court and a proposed order or role must be attached to the petition. Ifa specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Dat 1010582.1 Barley, Snyder, Senft & Cohen, LLC B y~~ 14 Center Square Hanover, PA 17331 (717) 637-6239 Attorney for Plaintiff PROPERTY DESCRIPTION Street Address: 2930 Arcona Road, Mechanicsburg, PA 17055 PID #42-11-0272-046A ALI. that certain piece or parcel of land, together with the improvements thereon erected, situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point where the center line of McCormick Road, also known as T-116, intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line of McCormick Road (T-Il6) the following courses and distances, viz: North 88 degrees 11 minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet; South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04 seconds West, 25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38 degrees 40 minutes 19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot No. 3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North 5 degrees 25 minutes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East, 25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37 minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet; North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North 1 degree 16 minutes 43 seconds East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50 minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned Plan of Lots; thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a point in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feet to a point; thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608.82 feet to a point, the place of BEGINNING. BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by William B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834 acres. Recorded in Plan Book 25, page 17.) PROPERTY DESCRIPTION Street Address: 2930 Arcona Road, Mechanicsburg, PA 17055 PID #42-11-0272-046A ALL that certain piece or parcel of land, together with the improvements thereon erected, situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point where the center line of McCormick Road, also known as T-116, intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line of McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11 minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet; South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04 seconds West, 25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38 degrees 40 minutes 19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot No. 3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North 5 degrees 25 minutes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East, 25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37 minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet; North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North l degree 16 minutes 43 seconds East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50 minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned Plan of Lots; thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a point in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feet to a point; thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608.82 feet to a point, the place of BEGINNING. BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by William B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834 acres. Recorded in Plan Book 25, page 17.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF HANOVER AND TRUST COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL 3. KILLION, : EXECUTORS OF THE ESTATE OF : BETTY J. ADLER : Defendant : : No. 2001 Civil 1119 MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF YORK : Personally appeared before me, a Notary Public in and for said County and Commonwealth, Beverly J. Points, Esquire, who, being duly swom according to law, deposes and says: 1. That she is the attomey for the Plaintiff in the above-captioned matter. 2. That pursuant to Rule 3129.2 of the Pa.R.C.P., she caused a copy of the Notice to all Lienholders to be forwarded by Certificate of Mailing Form 3877 on September 26, 2001, to the following lienholders: Bank of Hanover and Trust Company 25 Carlisle Street Hanover, PA 17331 Alliance Mortgage Co. 8100 Nations Way Jacksonville, FL 32256 CCNB Bank, N.A. 4242 Carlisle Pike P.O. Box 8874 Camp Hill, PA 17001-8874 Meridian Bank 35 North Sixty Street Reading, PA 19603 Robert G. Smith 4301 Jonestown Road Harrisburg, PA 17111 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Tax Claim Bureau 1 Court House Square Carlisle, PA 17013-3387 Universal Bank, N.A. Universal Card Services, Corp. P.O. Box 44167 Jacksonville, FL 32231-4167 A true and correct copy of said document is incorporated herein by this reference. 3. That each of the above-referenced lienholders have been properly served the Notice to All Lienholders, as evidenced by the Certificate of Mailing Form 3877 attached hereto. BARLEY, SNYDER, SENFT & COHEN, LLC BY~~s 14 Center Square Hanover, PA 17331 (717) 637-6239 Attorney for Plaintiff Sworn and subscribed to before me this ZL~t% day of ~5-c~-.~.~-- ,2001. 1017404.1 NOTARIAL SEAL KATHLEEN L STUMp, Notary Public Hanover Borough, York County ~: ~ l& 2002_._~ IN THE; COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF HANOVER AND TRUST COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER Defendant No. 2001 Civil 1119 MORTGAGE FORECLOSURE NOTICE TO LIENHOLDERS PURSUANT TO Pa.R.C.P. 3129.2 NOTICE IS HEREBY GIVEN to the following parties who may have an interest and/or hold one or more mortgage, judgment or tax liens against the real estate of Betty J. Adler Estate, situate at 2930 Arcona Road, Mechanicsburg, PA 17055: Bank of Hanover and Trust Company 25 Carlisle Street Hanover, PA 17331 Alliance Mortgage Co. 8100 Nations Way Jacksonville, FL 32256 CCNB Bank, N.A. 4242 Carlisle Pike P.O. Box 8874 Camp Hill, PA 17001-8874 Meridian Bank 35 North Sixty Street Reading, PA 19603 Robert G. Smith 4301JonestownRoad Harrisburg, PA 17111 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Tax Claim Bureau 1 Court House Square Carlisle, PA 17013-3387 Universal Bank, N.A. Universal Card Services, Corp. P.O. Box 44167 Jacksonville, FL 32231-4167 You are hereby notified that on Wednesday, December 5, 2001, at 10:00 o'clock A.M., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Bank of Hanover and Trust Company vs. Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler, No. 2001 Civil 1119, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the County Commissioner's Conference Room, 2nd Floor, in the Court House, Borough of Carlisle, County of Cumberland, Pennsylvania, real estate of Betty J. Adler Estate known and numbered as 2930 Arcona Road, Mechanicsburg, Pennsylvania (Township of Upper Allen, Cumberland County, Pennsylvania) 17055. A description of said real estateis hereto attached. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County no later than thirty (30) days after the sale of the property and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Date: September 25, 2001 B arl~de~S~n~ i°hen' LLC I D No 65892 14 Center Square Hanover, PA 17331 (717) 637-6239 Attorney for Plaintiff 1017136 1.doc PROPERTY DESCRIPTION Street Address: 2930 Amona Road, Mechanicsburg, PA 17055 PID #42-11-0272-046A ALL that certain piece or parcel o f land, together with the improvements thereon erected, situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point where the center line of McCormick Road, also known as T-116, intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line of McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11 minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet; South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04 seconds West, 25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38 degrees 40 minutes 19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot No. 3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North 5 degrees 25 minutes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East, 25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37 minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet; North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North I degree 16 minutes 43 seconds East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50 minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned Plan of Lots; thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a point in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feet to a point; thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608.82 feet to a point, the place of BEGINNING. BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by William B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834 acres. Recorded in Plan Book 25, Page 17. STATE OF PENNSYLVANIA, t COUNTY OF CUMBERLANDI ss. Robert P Ziegler I, .............................................................................. Recorder of Deed~ in and for said County and State do'hereby certify that the SherlfPs Deed in which ................ BANk of Hanover & Trust Co 5th the same having been sold to said grnntee on the ............................................... day of Dec 01 ........................................ A. D., ..' ..... , under and by vlrtuc of a writ .............. Execution 20th ................................................ hsued on the ..................................... Sept 01 day of .......................... A.D., ..... ~ out of the Court of Comman Pleas of said County'a~ of Civil O1 .................................................................................. Ten'n, ....... Bank of Hanover & Trust co Numher .... _1_1_1 _9 ..... , at the suit of ............................................................... a ainst Betty J Adler exors 249 3638 duly teeorded in SherifCs Deed Book No ............. , Page ............. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _a~ ........ day .... :_ ...... kly Commis~on Exph'e& the fint Meoda~ o( Jan, 2(J02 Bank of Hanover and Trust Company VS Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1119 Civil Term R. Thomas Kline, Sheriff; who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description, according to law. Dauphin County Return: And Now: October 1, 2001 at 2:35 PM served the within Real Estate Writ, Notice and Description upon Robert A. Adler by personally handing to Staci hair, Secretary, one true attested copy of the original Real Estate Writ, Notice and Description and making known to her the contents thereof at c/o Adler & Adler, 125 Locust St., Harrisburg, PA 17108-0000. So Answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania. Dauphin County Return: And Now: October 1, 2001 at 2:35 PM served the within Real Estate Writ, Notice and Description upon Paul J. Killion by personally handing to Staci hair, Secretary, one true attested copy of the original Real Estate Writ, Notice and Description and making known to her the contents thereof at c/o Adler & Adler, 125 Locust St., Harrisburg, PA 17108-0000. So Answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on Ocotber 01, 2001 at 7:00 o'clock P.M., EDST, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description on the property of Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler, located at 2930 Arcona Road, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Robert A. Adler c/o Adler & Adler, by regular mail to his last known address of 125 Locust Street, Harrisburg, PA 17108. This letter was mailed under the date of October 15, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Paul J. Killion c/o Adler & Adler, by regular mail to his last known address of 125 Locust Street, Harrisburg, PA 17108. This letter was mailed under the date of October 15, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Beverly J. Points for Bank of Hanover and Trust Company. It being the highest bid and best price received for the same, Bank of Hanover and Trust Company of 25 Carlisle Street, Hanover, PA 17331, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $1,019.68, it being costs. SheriWs Costs: Docketing $30.00 Poundage 19.99 Posting Bills 15.00 Advertising 15 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 7.80 Levy 15.00 Certified Mail 2.46 Surcharge 30.00 Law Journal 437.45 Patriot News 328.32 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed __26.50 $1,019.68 pdby atty. Sworn and subscribed to before me This ~b'{ff _ day of~ 2OO A.D. Frothonotary So Answers: R. Thomas Kline, Sheriff Real Estate Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF HANOVER AND TRUST COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER Defendant No. 2001 Civil 1119 MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.1 Barley, Snyder, Senff & Cohen, LLC, attorneys for Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 2930 Arcona Road, Mechan/csburg, PA 17055, a copy of which description is attached hereto. 1. Name and address of Owner(s) or Reputed Owner(s): Address: Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler c/o Adler & Adler, 125 Locust Street, P.O. Box 11933, Harrisburg, PA 17108 2. Name and address of Defendant(s) in the Judgment: Address: Robert A. Adler and Paul J. KJllion, Executors of the Estate of Betty J. Adler c/o Adler & Adler, 125 Locust Street, P.O. Box 11933, Harrisburg, PA 17108 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: CCNB Bank, N.A. 4242 Carlisle Pike P.O. Box 8874 Camp Hill, PA 17001-8874 Robert G. Smith 4301 Jonestown Road Harrisburg, PA 17111 Meridian Bank 35 North Sixty Street Reading, PA 19603 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Tax Claim Bureau 1 Court House Square Carlisle, PA 17013-3387 Universal Bank, N.A. Universal Card Services, Corp. P.O. Box 44167 Jacksonville, FL 32231-4167 4. Name and address of the last recorded holder of every mortgage of Record: Alliance Mortgage Co. 8100 Nations Way Jacksonville, FL 32256 Bank of Hanover and Trust Company 25 Carlisle Street Hanover, PA 17331 Name and address of every other person who has any record lien on the real property to be sold: None 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 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: None l vet/fy that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Barley, Snyder, Senft & Cohen, LLC Date:~)~ . l/ 1010570.1 By 14 Center Square Hanover, PA 17331 (717) 637-6239 Attorney for Plaintiff PROPERTY DESCRIPTION Street Address: 2930 Arcona Road, Mechanicsburg, PA 17055 PID #42-11-0272-046A ALL that certain piece or parcel of land, together with the improvements thereon erected, situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point where the center line of McCormick Road, also known as T-116, intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line of McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11 minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet; South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04 seconds West, 25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38 degrees 40 minutes 19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot No. 3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North 5 degrees 25 minntes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East, 25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37 minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet; North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North 1 degree 16 minutes 43 seconds East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50 minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned Plan of Lots; thence along the last said line, North 78 degrees 35 minutes 46 seconds East; 588 feet to a point in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feet to a point; thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608.82 feet to a point, the place of BEGINNING. BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by William B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834 acres. Recorded in Plan Book 25, page 17.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF HANOVER AND TRUST COMPANY, P 1 ainti ff No. 2001 Civil 1119 VS. ROBERT A. ADLER and PAUL J. KILLION, EXECUTORS OF THE ESTATE OF BETTY J. ADLER Defendant MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held on 13~namhpr 5, 2001 , in the SHERIFF'S OFFICE, CUMBERLAND COUNTY COURT HOUSE, 1 COURT HOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013- 3387 at 10: 00 o'clock, i~ .M., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting ora statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 2930 Arcona Road, Mechanicsburt, Upper Allen Township, Cumberland CountY, PA 17055 THE JIJDGMENT under or pursuant to which your property is being sold is docketed to: 2001 Civil I 119, Court of Common Pleas of Cumberland Count'v, Permsvlvania The name of the owner or reputed owner of this property is: Robert A. Adler and Paul J. Killion, Executors of the Estate of Betty J. Adler A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipaiities that are owed taxes), will be filed by the Sheriffwithin thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by fihng exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Court House, l Court House Square, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249~3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's deed is delivered. 3. A petition or petitioner raising the legal issues or fights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions. The petition must be served on the attorney for the creditor at least two (2) business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Court House, I Court House Square, Carlisle, Permsylvania 17013, before presentation of the petition to the Court. 1010582.1 Barley, Snyder, Senft & Cohen; LLC 14 Center Square Hanover, PA 17331 (717) 637-6239 Attorney for Plaintiff PROPERTY DESCRIPTION Street Address: 2930 Arcona Road, Mechanicsburg, PA 17055 PID #42-11-0272-046A ALL that certain piece or parcel of land, together with the improvements thereon erected, situate in the Township of Upper Alien, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point where the center line of McCormick Road, also known as T-116, intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line of McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11 minutes 12 seconds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet; South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04 seconds West, 25.02 feet; South 45 degrees 14 minutes 26 seconds West, 28.81 feet; South 38 degrees 40 minutes 19 seconds West, 164.53 feet and South 54 degrees 21 minutes 59 seconds West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot No. 3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North 5 degrees 25 minutes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East, 25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37 minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet; North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North 1 degree 16 minutes 43 seconds East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50 minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned Plan of Lots; thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a pont in the center line of the aforesaid Arcona Road (L.R. 21093); thence through the center line of Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, 100.06 feet to a point; thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608.82 feet to a point, the place of BEGINNING. BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by William B. Whittock, Professional Engineer, dated February 27, 1974. Said lot contains 9.834 acres. Recorded in Plan Book 25, page 17.) PROPERTY DESCRIPTION Street Address: 2930 Arcona Road, Mechardcsburg, PA 17055 PID #42-11-0272-046A ALL that certain piece or parcel of land, together with the improvements thereon erected, situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point where the center line of McCormick Road, also known as T-116, intersects the center line of Arcona Road, also known as L.R. 21093; thence along the center line of McCormick Road (T-116) the following courses and distances, viz: North 88 degrees 11 minutes 12 seoonds West, 701.25 feet; South 83 degrees 19 minutes 4 seconds West, 36.83 feet; South 69 degrees 00 minutes 34 seconds West, 25.07 feet; South 57 degrees 37 minutes 04 seconds West, 25.02 feet; South 45 degrees 14 rrfinutes 26 seconds West, 28.81 feet; South 38 degrees 40 nfmntes 19 seconds West, 164.53 feet and South 54 degees 21 rninutes 59 seconds West, 52.35 feet to a point in the center line of McCormick Road (T-116); thence through Lot No. 3 on the hereinafter mentioned Plan of Lots the following courses and distances, viz: North 5 degees 25 minutes 2 seconds East, 62.34 feet; North 76 degrees 54 minutes 55 seconds East, 25.46 feet; North 20 degrees 12 minutes 30 seconds East, 153.24 feet; North 6 degrees 37 minutes 38 seconds West, 94.45 feet; North 26 degrees 37 minutes 27 seconds East, 60.76 feet; North 15 degrees 17 minutes 27 seconds East, 113.35 feet; North 1 degree 16 rninutes 43 seconds East, 71.72 feet; North 19 degrees 32 minutes 42 seconds West, 101.29 feet; North 48 degrees 50 minutes 8 seconds East, 43.94 feet; and North 18 degrees 53 minutes 46 seconds West, 55.27 feet to a point in the dividing line of Lots Nos. 2 and 3A on the hereinafter mentioned Plan of Lots; thence along the last said line, North 78 degrees 35 minutes 46 seconds East, 588 feet to a point in the center line of the aforesaid Amona Road (L.R, 21093); thence through the center line of Arcona Road (L.R. 21093) South 11 degrees 13 minutes 11 seconds West, i00.06 feet to a point; thence continuing along the same, South 21 degrees 29 minutes 5 seconds East, 608.82 feet to a point, the place of BEGINNING. BEING Lot No. 3A in the Re-subdivision of Lots Nos. 1 and 3 for Ralph and Mae Gery, by William B. Whittock, Professional Engineer, dated February 27, 1974, Said lot contains 9.834 acres. Recorded in Plan Book 25, page 17.) WRIT OF EXECUTION and/or ATI'ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. (~1-1119 CIVILI:~ TESM CIVIL ACTION ~ LAW TO THE SHERIFF OF Cumberland. COUNTY: To satisfy the debt, interest and costs due Bank of Hanover and. ?rust ~y PLAINTIFF(S) from Robert A. Adler and Paul J. Killion, Executors of the Estate of ~etty J. Adler c/o Ad]er & Adler, 125 Locust Street, P.O.Box 11933, Harrisburg, PA 17108 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell .O~e 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/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any properly of the defendant(s) or otherwise disposing t hereof; (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 interest Atty's Corem Atty Paid Plaintiff Paid $1,133~962.62 % $156 · 50 L.L. $,50 Due Prothy $1,00 Other Costs Plus the following anounts accuring after 9/10/01 - See Back of Writ Date: September 20, 2001 REQUESTING PARTY: Name Beverly J. Points, Esq. --BARLEY, S~4YD~, SENFr & ~l)ri~N, LLC Address: 14 Conter Square Hanover, PA 17331 Curtis R. Long Prothonotary, Civil Division Attorney for: Plaintiff Telephone: 717-637-6239 Supreme Court ID No. 65892 Interest at the default rate specified in the Mortgage Documentation; Late Charges as set forth in the Mortgage Documentation; Reasonable attorney's fees; Costs of suit; Ail other ~nounts advanced pursuant to the Mortgage Documentation. On September 21, 2001, the sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, known and numbered as 2930 Arcona Rd., Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 21,2001 Real Esfate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being du~y sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 pub{isher 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 al~ 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 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he 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 he 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 Dauphir) in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY JSworn to and.s u~J b~fcre m~t,~s 19th day o~ S A L E ~57 j Ha~'Dau~n~ "~' ~ ~ 0~~"~ ...... ~-,.~. u~ ~ M~ber, ~nna~anta Ass~ia~ ~ ~y Y PUBLIC ~~ commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRiOT-NEWS CO.. Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 326.82 $ 1.50 $ 328.32 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.