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HomeMy WebLinkAbout11-6157SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-OFFICE Sheriff ???titr 4t ?tt[nbcry??? n F THE PROTHONOTARY Jody S Smith Chief Deputy 2011 AUG 30 AM $: 36 Richard W Stewart Solicitor OFFICE "E 5"4RIFF CUMBERLAND PENNSYLVANIA Manufacturers and Traders Trust Company vs. Perry L Smith (et al.) Case Number 2011-6157 SHERIFF'S RETURN OF SERVICE 08/04/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Perry L. Smith, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 08/04/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Tracy E. McLain, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 08/11/2011 05:50 PM - York County Return: And now August 11, 2011 at 1750 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tracy E. Smith by making known unto herself personally, at 1101 Oak Hill Road, Lewisberry, Pennsylvania 17339 its contents and ai the same time handing to her personally the said true and correct copy of the same. 08/11/2011 05:50 PM - York County Return: And now August 11, 2011 at 1750 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Perry L. Smith by making known unto himself personally, at 1101 Oak Hill Road, Lewisberry, Pennsylvania 17339 its contents and a the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 August 25, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c;. CountySuite Sheriff. TeleusofT. Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, 11 Chief Deputy, Administration MANUFACTURES AND TRADERS TRUST COMPANY Case Number vs. PERRY L. SMITH (et al.) 11-6157 CIVIL SHERIFF'S RETURN OF SERVICE 08/11/2011 05:50 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: PERRY L. SMITH AT 1011 OAK HILL ROAD, LEWISBERRY, PA 17339. TERRY DRAWBAUGH, DEPUTY 08/11/2011 05:50 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: TRACY E. MCLAIN AT 1011 OAK HILL ROAD, LEWISBERRY, PA 17339. SHERIFF COST: $53.20 August 18, 2011 Ax- TERRY DRAWBAUGH, DE UTY SO WERS, R CHARD P UE LEBER, S IFF TH OF PENNSYLVANIA Notarial Seal Kristd Stembeugh, Notary Public city of York, York County CAnlily 1es10f1 17, 2015 M949ER, ARIES -------------- - - ------- -------- - ------------------------------- ------------- ---------------------- - ----------- ------------ NOTARY Affirmed and subscribed to before me this 18TH day of AUGUST 2011 (c) CountySuite Sheriff, Teleosoft, nc Robert E. Chernicoff, Esquire '4 ij T??si PA Supreme Court ID 423380 "9 Nicholas A. Fanelli, Esquire PA Supreme Court ID# 308136 ` 33 EJsLAND COUNTY CUNNINGHAM & CHERNICOFF, P.C. f ENNSYLVANIA 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA MANUFACTURERS AND TRADERS TRUST COMPANY, CIVIL AC'T'ION Plaintiff NO. 11-6157 Civil Term V. PERRY L. SMITH and MORTGAGE FORECLOSURE TRACY E. MCLAfN, Defendants ANSWER TO PLAINTIFF'S COMPLAINT NOW COMES the Defendants, Perry L. Smith and Tracy E. McLain, by and through their attorneys, Cunningham & Chernicoff, P.C., and states as their Answer to Plaintiff s Complaint as follows: 1. Admitted, upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. It is admitted that a failure by the Defendants, as guarantors, to pay when due and payable the payments under the Guaranty would constitute a default under the terms of the Mortgage. It is denied that such a default occurred. 7. Denied. 8. Admitted. 9. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendants believe, and therefore aver, that all payments made to date may not have been properly credited and a strict accounting thereof is hereby demanded, if relevant, at the time of trial. Furthermore, Defendants specifically deny the amount set forth for late charges and attorney fees as Plaintiff has not set forth how such fees were calculated nor has Plaintiff established that such fees are fair and reasonable under the circumstances. Additionally, it is believed, and therefore averred, that such fees and costs are not reasonably related to the difficulty or extent of work necessary to complete the litigation initiated in this matter, and strict proof thereof is demanded, if relevant, at the time of trial. 10. The averments of this paragraph constitute a conclusion of law to which no response is required. 11. The averments of this paragraph constitute a conclusion of law to which no response is required. WHEREFORE, Defendants, Perry L. Smith and Tracy E. McLain, respectfully request that this Honorable Court dismiss Plaintiffs Complaint with prejudice and grant Defendant such other relief as may be just and proper. 2 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. By: " ?- - -- -- /bert Chernicoff, Esquire PA ID No: 23380 Nicholas A. Fanelli, Esquire PA ID No: 308136 2320 North Second Street Harrisburg, PA 17110 Date: August 29, 2011 Telephone: (717) 238-6570 3 VERIFICATION I, Perry L. Smith, Defendant in the foregoing action, do hereby affirm that the statements made in the foregoing Answer to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904, relating to unsworn falsification to authorities. By: 'Perry L. Smith Date: 82 L VERIFICATION I, Tracy E. McLain, Defendant in the foregoing action, do hereby affirm that the statements made in the foregoing Answer to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904, relating to unworn falsification to authorities. By. racy . McLain Date: Zf f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff V. PERRY L. SMITH and MORTGAGE FORECLOSURE TRACY E. MCLAIN, Defendants CERTIFICATE OF SERVICE 1, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify a true and correct copy of the ANSWER TO PLAINTIFF'S COMPLAINT will be served by first class U.S. Mail and/or electronic means on the following: CIVIL ACTION NO. 11-6157 Civil 'Perm Eugene E. Pepinsky, Jr. Keefer, Wood, Allen & Rahal 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Date: August 29, 2011 CUNNINGHAM & CHERNICOFF, P.C. By: 1: 1lome',NFANEI.1, IADocumenis\Smith, Perry L\Answer.wpd 4 Julieanne Ametrano Ca PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ?X for trial without a jury. ---------••------------------------------------ CAPTION OF CASE (entire caption must be stated in full) MANUFACTURERS AND TRADERS TRUST COMPANY, (Plaintiff) vs. PERRY L. SMITH and TRACY E. MCLAIN, C- ? y e ASS ? -;,? .. rr1-- m Mm- ap r- rn cnr- ? ? -CC i? ----------- ------? (check one) X? Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on and Trials commence on (Defendant) Pretrials will be held on vs. (Briefs are due S days before pretrials No. 11-6157 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Donald M. Lewis III, Esquire, Keefer Wood Allen & Rahal, LLP Indicate trial counsel for other parties if known: Nicholas A. Fanelli, Esquire, Cunningham & Chernicoff, P.C. This case is ready for trial. Date: March 7, 2012 4.19.75 Po pm/ C+ 9ya.15 p# a7al g y Signed: Print Nanfe?-"" " Plaintiff Attorney for: MANUFACTURERS AND IN THE COURT OF COMMON PLEAS OF TRADERS TRUST COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PERRY L. SMITH and TRACY E. McLAIN, Defendants : CIVIL ACTION - LAW NO. 11-6157 CIVIL TERM ORDER OF COURT AND NOW, this 15'h day of March, 2012, a pretrial conference in the above matter is scheduled for Wednesday, May 9, 2012, at 9:15 a.m., in chambers of the undersigned judge. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Thursday, May 24, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. i/ Donald M. Lewis, III, Esq. 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Attorney for Plaintiff BY THE COURT, gul t- christyll L. Peck, J. =M 330 r? =C) CDC~;. '"e'Y 5c= dr Robert E. Chernicoff, Esq. Nicholas A. Fanelli, Esq. Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Attorney for Defendants C/ Court Administrator :rc L. •r i3 -tiP is°-{ r Lk IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS AND TRADERS CIVIL ACTION - LAW TRUST COMPANY, No. 11-6157 Plaintiff (The Honorable Christylee L. Peck) V. PERRY L. SMITH and TRACY E. MCLAIN, Defendants MORTGAGE FORECLOSURE STIPULATION OF FACTS Plaintiff Manufacturers and Traders Trust Company and Defendants Perry L. Smith and Tracy E. McLain, through their respective counsel, hereby stipulate that the following facts shall be deemed established for purposes of trial: 1. Plaintiff Manufacturers and Traders Trust Company (the "Bank") is a New York banking corporation, with an address at 213 Market Street, Harrisburg, PA 17101. 2. Defendants Perry L. Smith and Tracy E. McLain are adult individuals and husband and wife, whose address is 1101 Oak Hill Road, Lewisberry, Pennsylvania 17339. 3. Defendants are the owners of two separate parcels of improved real estate located at 113 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025 and 5 Radam Street, Summerdale, Cumberland County, Pennsylvania 17093 (collectively, the "Premises") 4. On or about May 17, 2006, Defendants, for good and valuable consideration, executed and delivered an Unlimited Guaranty (the "Guaranty") to the Bank. 5. A true and correct copy of the Unlimited Guaranty is attached hereto as Exhibit A. 6. On or about May 17, 2006, Defendants executed an Open-End Mortgage in favor of the Bank (the "Mortgage"), which Mortgage was duly recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Record Book 1952, Page 0178. 7. A true and correct copy of the Mortgage is attached hereto as Exhibit B. IT IS SO STIPULATED. KEEFER WOOD ALLEN & RAHAL, LLP By epinsky, Jr.; PA 23702 6o"nald M. Lewis III; PA 58510 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 and 255-8038 CUNNINGHAM & CHERNICOFF, P.C. By, Robert E. Chernicoff; PA 23380 Nicholas A. Fanelli; PA 308136 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Attorneys for Plaintiff Attorney for Defendants -2- EXHIBIT A © M&TBank NaauaaNlan W'rratlara To* Co"aay ORIGINAL UNLIMITED GUARANTY TO: Manufacturers and Traders Trust Company, a New York banking corporation (the "Bank") RE: RADAM, LLC., a Pennsylvania limited liability company (the "Borrower") To induce the Bank to make or continue to make loans, advances, or grant other financial accommodations to the Borrower, in consideration thereof and for loans, advances or financial accommodations heretofore or hereafter granted by the Bank to or for the account of the Borrower, the undersigned (each a "Guarantor") each absolutely and unconditionally guarantees the full and punctual payment to the Bank of all sums which may be presently due and owing and of all sums which shall in the future become due and owing to the Bank from the Borrower, whether.direct or indirect, whether as a borrower, guarantor, surety or otherwise, including, without limitation, interest, attorneys' fees and other amounts accruing after the filing of a petition in bankruptcy by or against Borrower, notwithstanding the discharge of Borrower from such obligations, together with all costs and expenses Incurred by the Bank in connection with such obligations, this Unlimited Guaranty (this "Guaranty") and the enforcement thereof, and also guarantees the due performance by the Borrower of all Its obligations under all other present and future contracts and agreements with the Bank. This is a guaranty of payment and not collection. Each Guarantor also agrees: (1) to indemnify and hold the Bank and the Bank's directors, officers, employees, agents and attorneys harmless from and against all claims, obligations, demands and liabilities, by whomsoever asserted, and against all losses in any way suffered, incurred or paid as a .result of or in any way arising out of or following or consequential to transactions with the Borrower, except for any claim arising out of the gross negligence or willful misconduct of the Bank; (2) that this Guaranty shall not be impaired by any modification, supplement, extension, renewal or amendment of any contract or agreement to which the parties thereto may hereafter agree, nor by an. y modification,1 ncrease, release o r other al teration of any o f the o bligations hereby guaranteed or of any security therefor, nor by any agreements or arrangements whatsoever with the Borrower or anyone else, all of which may be done without notice to or consent by any such Guarantor; (3) that the liability of such Guarantor hereunder is direct and unconditional and due immediately upon default of the Borrower without demand or notice and without requiring the Bank first to resort to any other right, remedy or security; (4) that such Guarantor shall have no right of subrogation, reimbursement or indemnity whatsoever until the Bank Is indefeasibly paid in full, nor any right of recourse to security for the debts and obligations of the borrower to the Bank; (5) that the liability of such Guarantor is unlimited and shall be joint and several with the liabilities of any other guarantors; (6) that if the Borrower or any Guarantor or any other guarantor should at any time become insolvent or make a general assignment, or If a petition in bankruptcy or any insolvency or reorganization proceedings shall be filed or commenced by, against or In respect of the Borrower or any Guarantor, or any other guarantor of the obligations guaranteed hereby, any and all obligations of such Guarantor shall be immediately due and payable without notice; (7) that the Bank's books and records showing the account between the Bank and the Borrower shall be admissible in any action ,or. proceeding, shall be binding upon such Guarantor for the purpose of establishing the Item's therein set forth and shall constitute conclusive proof thereof; (8) that this Guaranty is, as to such Guarantor, a continuing Guaranty that shall remain effective under successive transactions until expressly terminated as hereinafter provided; (9) that this Guaranty may be terminated as to such Guarantor only by giving the Bank Sixty (60) days' prior written notice by registered or certified mail, and thereupon this Guaranty shall terminate with respect to any such Guarantor only at the expiration of said Sixty (60) day period, which shall then be the effective date of termination, and that such termination shall be applicable only to transactions having their inception after the effective date of termination and shall not affect rights and obligations arising out of transactions or indebtedness or extensions or renewals. thereof having their Inception prior to such date, including renewals, extensions, modifications and refinancings of such prior transactions, and also extensions of credit made pursuant to a commitment previously made by the Bank; (10) that the death of any Guarantor shall not effect the termination of this Guaranty as to such Guarantor providing, that in any event wlthin Sixty (60) days after the.death of such Guarantor, Borrower or any surviving guarantor shall provide to the Bank evidence that the estate of such deceased Guarantor confirms its obligations to the Bank under this Guaranty; (11) that the termination or dissolution of any Guarantor shall not effect the termination of this Guaranty as to such Guarantor; (12) that termination, release or limitation of any guaranty of the obligations guaranteed hereby by any other guarantor shall not affect the continuing liability hereunder of such Guarantor; (13) that nothing shall discharge or satisfy the liability of such Guarantor hereunder except the full indefeasible payment and performance of all of the Borrower's debts and obligations to the Bank with interest and costs of collection; (14) that this Guaranty shall not be affected by the illegality, invalidity or unenforceability of the obligations guaranteed, by any fraudulent, Illegal or improper act by the Borrower, the legal incapacity or any other defense of the Borrower, such Guarantor or any other person obligated to the Bank consequential to transactions with the Borrower nor by the Invalidation, by operation of law or otherwise, of all or any part of the obligations guaranteed hereby, including but not limited to any interest accruable on the obligations guaranteed hereby during the pendency of any bankruptcy or receivership proceeding of the Borrower; (15) that any and all present and future debts and obligations of the Borrower to Guarantor are hereby waived and postponed in favor of and subordinated to the full indefeasible payment and performance of all present and future debts and obligations of the Borrower to the Bank; (16) such Guarantor hereby grants to the Bank a continuing lien and security interest in all deposits or other sums at any time credited by or due from the Bank (or any of its banking or lending affiliates, any bank acting as a participant under any loan arrangement between the Bank and such Guarantor or the Borrower or any third party acting on the Bank's behalf (collectively, the "Bank Affiliates")) to such Guarantor and any property of such Guarantor at any time in the Bank's or any Bank Affiliate's possession whether for safekeeping or otherwise, or In transit to or from the Bank or any Bank Affiliate (regardless of the reason the Bank or Bank Affiliate had received the same or whether the Bank or. Bank Affiliate has conditionally released the same) as security for the full and punctual payment and performance of all of the obligations guaranteed hereby, and such deposits and other sums may be applied or set off against such obligations at any time, whether or not such are then due, whether or not demand has been made and whether or not other collateral Is then available to the Bank or any Bank Affiliate; (17) that i f at an y t Ime p ayment o f al I o r an y p art o f the o bligations g uaranteed hereunder is rescinded or otherwise must be restored by the Bank to the Borrower or to the creditors of the Borrower or any representative of the Borrower or representative of the Borrower's creditors as a voidable preference or fraudulent transfer or conveyance upon the insolvency, bankruptcy or reorganization of the Borrower or such Guarantor, or to the creditors of such Guarantor or any representative of such Guarantor or representative o f the creditors of Guarantor upon the insolvency, bankruptcy or reorganization of such Guarantor or otherwise, this Guaranty shall continue to be effective or be reinstated, as the case may be, as though such payments had not been made, and shall survive as an obligation of such Guarantor, and shall not be discharged or satisfied by said payment or payments, notwithstanding the return of the original of this Guaranty to such Guarantor or to the Borrower, or any other apparent termination of Guarantor's obligations hereunder; (18) that any rights and remedies available to the Bank under this Guaranty are cumulative, and not exclusive of any rights and remedies otherwise available to the Bank at law or in equity; (19) that the Bank's delay or omission In exercising any of the Bank's rights and remedies shall not constitute a waiver of these rights and remedies, nor shall the Bank's waiver of any right or remedy operate as a waiver of any other right or remedy available to the Bank. The Bank's waiver of any right or remedy on any one occasion shall not be considered a waiver of same on any subsequent occasion, nor shall this be considered to be a continuing waiver; (20) that this Guaranty incorporates all discussions and negotiations between the Bank and such Guarantor concerning the guaranty and indemnification provided by the undersigned hereby, and that no such discussions or negotiations shall limit, modify, or otherwise affect the provisions hereof, there are no preconditions to the effectiveness of this Guaranty and that no provision hereof may be altered, amended, waived, canceled or modified, except by a written Instrument executed, sealed and acknowledged by the Bank's duly authorized officer; and (21) that this Guaranty and all documents which have been or may be hereinafter furnished by such Guarantor 'to the Bank may be reproduced by the Bank by any photographic, photostatic, microfilm, xerographic or similar process, and that any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made In the regular course of business). Each Guarantor waives: notice of acceptance hereof, presentment and protest of any instrument and notice thereof, notice of default and all other notices to which such Guarantor might otherwise be entitled; and any and all defenses, including without limitation, any and all defenses which the Borrower or any other party may have to the fullest extent permitted by law, any defense to this Guaranty based on impairment of collateral or on suretyship defenses of every type; any right to exoneration or marshaling. To the maximum extent permitted by law, each Guarantor waives and terminates any homestead rights and/or exemptions respecting any p remises under the provisions of any applicable homestead law, Including without limitation, Title 42, Section 8123, of the Pennsylvania Consolidated Statutes Annotated. To the extent that It lawfully may, each Guarantor hereby further agrees not to invoke any law relating to the marshaling of collateral which might cause delay in or Impede the enforcement of the Bank's rights under this Guaranty or otherwise respecting the guaranteed obligations, and to the extent that It lawfully may do so, such Guarantor hereby irrevocably waives the benefits of all such laws. Except as otherwise provided by applicable law, the Bank shall have no duty as to the collection or protection of any collateral, if any, securing the guaranteed obligations beyond the safe custody thereof. Each Guarantor will from time to time execute and deliver to the Bank, and take or cause to be taken, all such other further action as the Bank may request in order to effect and confirm or vest more securely in the Bank all the rights contemplated in this Guaranty (including, without limitation, to correct clerical errors) or respecting any of the obligations guaranteed hereby or to comply with applicable statute or law. This Guaranty, all acts and transactions hereunder, and the rights and obligations of the parties hereto shall be governed, construed and Interpreted according to the laws of the Commonwealth of Pennsylvania without giving effect to the conflicts of laws principles thereof, shall be binding upon the heirs, executors, administrators, successors and assigns of each Guarantor and shall inure to the benefit of the Bank's successors and assigns. If any provision of this Guaranty is found to be invalid, illegal or unenforceable, the validity of the remainder of the Guaranty shall not be affected. Each Guarantor, not a natural person, certifies that It is and shall remain duly organized and in good standing under the laws of the State of its organization or formation and duly authorized to do business in each State material to the conduct of Its business. If as of the date any payment of proceeds of collateral received by the Bank are refunded or otherwise restored to the Borrower or any third party, the statute of limitations shall start anew with respect to any action or proceeding by the Bank against the Guarantor under this Guaranty. Likewise, any acknowledgment, reaffirmation or payment, by the Borrower or any third party, of any portion of the obligations guaranteed hereby, shall be deemed to be made as agent for any Guarantor, strictly for the purposes of tolling the running of (and/or preventing the operation of) the applicable statute of limitations with respect to any action or proceeding by the Bank against any Guarantor pursuant to this Guaranty. Each Guarantor will furnish to Bank from time to time, such financial data and information about Each Guarantor as Bank may reasonably request (collectively, the "Financial Statements"). Each Guarantor represents and warrants the accuracy of any Information contained therein and hereby agrees not to encumber or transfer any assets listed on any Financial Statements without the Bank's prior consent. Each Guarantor irrevocably submits to the nonexclusive jurisdiction of any Federal or state court sitting in Pennsylvania, over any suit, action or proceeding arising out of or relating to this Guaranty. Each Guarantor irrevocably waives, to the fullest extent It may effectively do so under applicable law, any objection it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that the same has been brought in an inconvenient forum. Each Guarantor. hereby consents to any and all process which may be served in any such suit, action or proceeding, (i) by mailing a copy thereof by registered and certified mail, postage prepaid, return receipt requested, to such Guarantor's address shown below or as notified to the Bank and (ii) by serving the same upon such Guarantor in any other manner otherwise permitted by law, and agrees that such service shall in every respect be deemed effective service upon such Guarantor. EACH GUARANTOR HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR ATTORNEYS OR THE PROTHONOTARY OR CLERK OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA OR IN ANY OTHER JURISDICTION, UPON THE OCCURRENCE OF AN EVENT OF DEFAULT RESPECTING ANY OF THE OBLIGATIONS GUARANTEED HEREBY, TO APPEAR FOR SUCH GUARANTOR IN ANY SUCH COURT, WITH OR WITHOUT DECLARATION FILED, AS OF ANY TERM OR TIME THERE OR ELSEWHERE TO BE HELD AND THEREIN TO CONFESS OR E NTER JUDGMENT A GAINST SUCH GUARANTOR IN FAVOR OF BANK FOR ALL SUMS DUE OR TO BECOME DUE BY SUCH GUARANTOR TO BANK UNDER THIS GUARANTY, WITH COSTS OF SUIT AND RELEASE OF ERRORS AND WITH THE GREATER OF FIVE PERCENT (5%) OF SUCH SUMS OR $10,000 ADDED AS A REASONABLE ATTORNEY'S FEE AND FOR DOING SO THIS GUARANTY OR A COPY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. SUCH AUTHORITY AND POWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF, AND JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AS OFTEN AS THERE IS OCCASION THEREFOR. EACH GUARANTOR ACKNOWLEDGES THAT iT HAS BEEN OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY COUNSEL iN CONNECTION WITH THE EXECUTION AND DELIVERY OF THIS GUARANTY AND THAT, IT KNOWINGLY WAIVES ITS RIGHT TO BE HEARD PRIOR TO THE ENTRY' OF SUCH JUDGMENT.- AND`. UNDERSTANDS :THAT, UPON SUCH. ENTRY, SUCH JUDGMENT SHALL BECOME A LIEN ON ALL, REAL PROPERTY OF SUCH GUARANTOR IN THE COUNTY WHERE SUCH JUDGMENT IS ENTERED. EACH GUARANTOR AND BANK EACH. HEREBY. KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AND AFTER AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, (A) WAIVE ANY AND ALL RIGHTS T O A T RIAL BY J URY I N ANY ACTION O R P ROCEEDING I N CONNECTION WITH THIS GUARANTY, .THE OBLIGATIONS GUARANTEED HEREBY, ALL MATTERS CONTEMPLATED HEREBY AND. D000MENTS EXECUTED IN CONNECTION HEREWITH AND (B) AGREE NOT TO SEEK TO CONSOLIDATE ANY.SUCH ACTION WITH ANY OTHER ACTION IN. WHICH A JURY. TRIAL CAN NOT.. BE, OR HAS NOT BEEN WAIVED. EACH GUARANTOR CERTIFIES THAT NEITHER THE BANK. NOR ANY OF ITS REPRESENTATIVES, AGENTS OR COUNSEL HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE BANK WOULD NOT IN THE EVENT OF ANY SUCH PROCEEDING SEEK TO. ENFORCE THIS WAIVER OF RIGHT TO TRIAL BY JURY. Executed as an instrument under seal and dated May l 7, 2006. Witness: Guarantor ORIGINAL Perry L. Smith, individually Address: 1011 Oak Hill road Lewisberry, Pennsylvania 17339 Witness: Guarantor: Tracy E. McLain, individually Address: 1011 Oak Hill Road Lewisberry, Pennsylvania 17339 5 EXHIBIT B rLCA, C•?;-PT P.7.IEGt.ER .> ', PREPARED BY: 200u AM 26 RN 11 16 Manufacturers and Traders Trust Company RETURN TO, Manufacturers and Traders Trust Company One M&T Plaza Buffalo, New York 14203 ATTN: Attn: Collateral & Documentation Department PARCEL ID#: 09-15-1291-111 OPEN-END MORTGAGE COMMERCIAL MORTGAGE, SECURITY AGREEMENT AND ASSIGNMENT OF LEASES AND RENTS THIS INSTRUMENT SECURES FUTURE ADVANCES UP TO A MAXIMUM PRINCIPAL AMOUNT OF $800,000.00 PLUS ACCRUED INTEREST AND OTHER INDEBTEDNESS AS DESCRIBED IN PENNSYLVANIA ACT NO. 42 PA. C.S.A. SECTION 8943. This OPEN-END COMMERCIAL MORTGAGE, SECURITY AGREEMENT AND ASSIGNMENT OF LEASES AND RENTS (this "Mortgage") entered into as of May Lii` 006, between Perry L. Smith, an individual, with an address of 1011 Oak Hill road, Lewisberry, Pennsylvania 17339 and Tracy E. McLain, an individual, with an address of 1011 Oak Hill Road, Lewlsberry, Pennsylvania 17339 (collectively and jointly and severally, the "Mortgagor' and Manufacturers and Traders Trust Company, a New York banking corporation, with an address of One M&T Plaza (Attn: Office of General Counsel), Buffalo, New York 14203 (the "Bank"). The real property which is the subject matter of this Mortgage has the following address(es): 113 South Enola Drive, Summerdale, Pennsylvania 17093 and 5 Randam Street, Summerdale, Pennsylvania 17093 (the "Address(es)"). BKI952PGO178 1. MORTGAGE, OBLIGATIONS AND FUTURE ADVANCES 1.1 Mortggage, For valuable consideration paid and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Mortgagor hereby Irrevocably and unconditionally mortgages, grants, bargains, transfers, sells, conveys, sets over and assigns to the Bank and its successors and assigns forever, all of Mortgagor's right, title and interest In and to the "Property" described below, to secure the prompt payment and performance of the Obligations (as hereinafter defined), Including without limitation, all amounts due and owing to the Bank and all obligations respecting (A) that certain Unlimited Guaranty, dated May-, 2006 by Perry L. Smith and Tracy E. McLain In favor of the Bank pursuant to which Perry L. Smith and Tracy E. McLain each guaranteed all of the obligations of `;RADAM,: LLWto the Bank (the "Perry L. Smith Guaranty"), including without limitation, respecting that certain Term Note, dated May 2006, by RADAM, LLC. In favor of the Bank in the original principal amount of $400,000.00 and (B) that certain Unlimited Guaranty, dated May 2006 by Perry L. Smith and Tracy E. McLain In favor of the Bank pursuant to which Perry L. Smith and Tracy E. McLain each guaranteed all of the obligations of RADAM, LLC. to the Bank (the "Tracy E: McLain Guaranty"), including without limitation, respecting that certain Term Note, dated May 2006, by RADAM, LLC. In favor of. the Bank In the original principal amount of $400,000.00 (collectively, such guaranties are hereinafter referred fo as the "Guaranty" and along with all other agreements, documents, certificates and Instruments delivered In connection therewith are hereinafter referred to as the "Loan Documents"), and any substitutions, modifications, extensions or amendments to any of the Loan Documents. The amount of principal obligations outstanding and evidenced by the Loan Documents and secured by this Mortgage total $800,000.00 as of the date of this Mortgage but this Mortgage shall nevertheless secure payment and performance of all Obligations. 1.2 Security Interest in Property. As continuing security for the Obligations the Mortgagor hereby pledges, assigns and grants to the Bank, and its successors and assigns, a. security interest in any of the Property (as hereinafter defined) constituting personal property or fixtures. This Mortgage is and shall be deemed to be a security agreement and financing statement pursuant to the terms of the Uniform Commercial Code of Pennsylvania (the "Uniform Commercial Code") as to any and all personal property and fixtures and as to all such property the Bank shall have the rights and remedies of a secured party under the Uniform Commercial Code In addition to Its rights hereunder. This Mortgage constitutes a financing statement filed as a fixture filing under Section 9-502(c) of the Uniform Commercial Code covering any Property which now is or later may become a fixture. 1.3 Collateral Assignment of Leases and Rents. The Mortgagor hereby irrevocably and unconditionally assigns to the Bank, and Its successors and assigns, as collateral security for the Obligations all of the Mortgagor's rights and benefits under any and all Leases (as hereinafter defined) and any and all rents and other amounts now or hereafter owing with respect to the Leases or the use or occupancy of the Property. This collateral assignment shall be absolute and effective immediately, but the Mortgagor shall have a license, revocable by the Bank, to continue to collect rents owing under the Leases until an Event of Default (as hereinafter defined) occurs and the Bank exercises its rights and remedies to collect such rents as set forth herein. 1.4 Conditions to Grant. The Bank shall have and hold the above granted Property unto and to the use and benefit of the Bank, and Its successors and assigns, forever; provided, however, the conveyances, grants and assignments contained in this Mortgage are upon the express condition that, If Mortgagor shall irrevocably pay and perform the Obligations in full, including, without limitation, all principal, interest and premium thereon and other charges, if applicable, in accordance with the terms and conditions in the Loan Documents and this Mortgage, shall pay and perform all other Obligations as set forth in this Mortgage and shall abide by and comply with each and every covenant and condition set forth herein and in the Loan Documents, the conveyances, grants and assignments contained in this Mortgage shall be appropriately released and discharged. 2 Wl 952PG0 17 9. 1.5 Pro pert . The term "Property," as used in this Mortgage, shall mean that certain parcel of land and the fixtures, structures and improvements and all personal property constituting fixtures, as that term is defined In the Uniform Commercial Code, now or hereafter thereon located at the Address(es), as more particularly described In Exhibit A attached hereto, together with: (1) all rights now or hereafter existing, belonging, pertaining or appurtenant thereto; (11) all judgments, awards of damages and settlements hereafter made as a result or In lieu of any Taking, as hereinafter defined; (Iii) all of the rights and benefits of the Mortgagor under any present or future leases and agreements relating to the Property, Including, without limitation, rents, issues and profits, or the use or occupancy thereof together with any extensions and renewals thereof, specifically excluding all duties or obligations of the Mortgagor of any kind arising thereunder (the "Leases"); and (iv) all contracts, permits and licenses respecting the use, operation or maintenance of the Property. 1.6 Obligations. The term "Obligation(s)," as used in this Mortgage, shall mean without limitation all loans, advances, Indebtedness, notes, liabilities, rate swap transactions, basis swaps, forward rate transactions, commodity swaps, commodity options, equity or equity Index swaps, equity or equity index options, bond options, interest rate options, foreign exchange transactions, cap transactions, floor transactions, collar transactions, forward transactions, currency swap transactions, cross-currency rate swap transactions, currency options and amounts, liquidated or unliquidated, now or hereafter owing by the Mortgagor to the Bank at any time, of each and every kind, nature and description, whether arising under this Mortgage or otherwise, and whether secured or unsecured, direct or indirect (that is, whether the same are due directly by the Mortgagor to the Bank; or are due indirectly by the Mortgagor to the Bank as endorser, guarantor or other surety, or as obligor of obligations due third persons which have been endorsed or assigned to the Bank, or otherwise), absolute or contingent, due or to become due, now existing or hereafter contracted, including, without limitation, payment of all amounts outstanding when due pursuant to the terms of any of the Loan Documents. Said term shall also include all interest and other charges chargeable to the Mortgagor or due from the Mortgagor to the Bank from time to time and all advances, costs and expenses referred to In this Mortgage, including without limitation the costs and expenses (including reasonable attorney's fees) of enforcement of the Bank's rights .hereunder or pursuant to any document or instrument executed In connection herewith. 1.7 Cross-Collateral and Future Advances. It is the express intention of the Mortgagor that this Mortgage secure payment and performance of all of the Obligations, whether now existing or hereinafter incurred by reason of future advances by the Bank or otherwise, and regardless of whether such Obligations are or were contemplated by the parties at the time of the granting of this Mortgage. Notice of the continuing grant of this Mortgage shall not be. required to be stated on the face of any document evidencing any of the Obligations, nor shall such documents be required to otherwise specify that they are secured hereby. 1.8 Open-End Mortgage. The Bank and the Mortgagor agree that: (a) This Mortgage is an open-end mortgage pursuant to 42 PA. C.S.A. § 8143, and secures, inter alia, p resent a nd f uture advances m ade b y t he B ank p ursuant t o t he L can Documents, including, without limitation, advances for the payment of taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection of the Property or the lien of this Mortgage, or expenses incurred by the Bank by reason of default by the Mortgagor, and to enable any completion of the improvements comprising the Property as may be contemplated by the Loan Documents. Nothing contained herein shall impose any obligation on the part of the Bank to make any such additional loan(s) to Mortgagor, (b) Without limiting any other provisions of this Mortgage, this Mortgage secures present and future loans, advances and extensions of credit made by the Bank to or for the benefit of Mortgagor, and the lien of such future advances shall relate back to the date of this Mortgage. This Mortgage shall also secure additional loans hereafter made by the Bank to or for the benefit of Mortgagor. Nothing contained herein shall impose any obligation on the part of the Bank to make any such additional loans, advances and extensions of credit to or for the 3 BK 1952PG9 180 benefit of Mortgagor. 2. REPRESENTATIONS, WARANTIES, COVENANTS 2.1 Representations and Warranties. The Mortgagor represents and warrants that: (a) This Mortgage has been duly executed and delivered by the Mortgagor and is the legal, valid and binding obligation of the Mortgagor enforceable in accordance with its terms, except as limited by bankruptcy, Insolvency, reorganization, moratorium or other laws affecting the enforcement of creditors' rights generally; (b) The Mortgagor is the sole legal owner of the Property, holding good and marketable fee simple title to the Property, subject to no liens, encumbrances, leases, security interests or rights of others, other than as set forth in detail in Exhibit B hereto (the "Permitted Encumbrances"): (c) The Mortgagor is the sole legal owner of the entire lessor's interest in Leases, if any, with full power and authority to encumber the Property In the manner set forth herein, and the Mortgagor has not executed any other assignment of Leases or any of the rights or rents arising thereunder; (d) As of the date hereof, there are no Hazardous Substances (as hereinafter defined) In, on or under the Property, except as disclosed in writing to and acknowledged by the Bank; and (e) Each Obligation Is a commercial obligation and does not represent a loan used for personal, family or household purposes and is not a .consumer transaction. 2.2 Recording: Further Assurances. The Mortgagor covenants that it shall, at its sole cost and-,-z expense and upon the request of the Bank, cause this Mortgage, and each amendment, modification or supplement hereto, to be recorded and filed in such manner and in such places, and shall at all times comply with all such statutes and regulations as may be required by law in order to establish, preserve and protect the interest of the Bank in the Property and the rights of the Bank under this Mortgage. Mortgagor will from time to time execute and deliver to the Bank such documents, and take or cause to be taken, all such other or further action, as the Bank may request in order to effect and confirm or vest more securely in the Bank all rights contemplated by this Mortgage (including, without limitation, to correct clerical errors) or to vest more fully In, or assure to the Bank the security interest in, the Property or to comply with applicable statute or law. To the extent permitted by applicable law, Mortgagor authorizes the Bank to file financing statements, continuation statements or amendments, and any such financing statements, continuation statements or amendments may be filed at any time in any jurisdiction. The Bank may at any time and from time to time file financing statements, continuation statements and amendments thereto that describe the Property as defined in this Mortgage and which contain any other information required by Article 9 of the Uniform Commercial Code for the sufficiency or filing office acceptance of any financing statement, continuation statement or amendment, including whether Mortgagor is an organization, the type of organization and any organization Identification number Issued to Mortgagor; Mortgagor also authorizes the Bank to file financing statements describing any agricultural liens or other statutory liens held by the Bank. Mortgagor agrees to furnish any such information to the Bank promptly upon request. In addition, Mortgagor,shall at any time and from time to time, take such steps as the Bank may reasonably request for the Bank (i) to obtain an acknowledgment, in form and substance satisfactory to the Bank, of any bailee having possession of any of the Property that the bailee holds such Property for the Bank, and (il) otherwise to insure the continued perfection and priority of the Bank's security interest In any of the Property and the preservation of Its rights therein. Mortgagor hereby constitutes the Bank Its attorney-in-fact to execute and file all filings required or so requested for the foregoing purposes, all acts of such attorney being hereby ratified and confirmed; and such power, being coupled with an interest, shall be irrevocable until this Mortgage terminates in accordance with its terms, all Obligations are paid in full and the Property Is released, BI{:1952PG 018.I 2.3 Restrictions on the Mortgagor. The Mortgagor covenants that It will not, nor will It permit any other person to, directly or indirectly, without the prior written approval of the Bank in each instance: (a) Sell, convey, assign, transfer, mortgage, pledge, hypothecate, lease or dispose of all or any part of any legal or beneficial Interest in the Mortgagor or the Property or any part thereof or permit any of the foregoing, or enter Into any agreements therefore except as expressly permitted by the terms of this Mortgage; (b) Permit the use, generation, treatment, storage, release or disposition of any oil or other material or substance constituting hazardous waste or hazardous materials or substances under any applicable Federal or state law, regulation or rule ("Hazardous Substances"); or (c) Permit to be created or suffer to exist any mortgage, lien, security interest, attachment or other encumbrance or charge on the Property or any part thereof or interest therein (except for the Permitted Encumbrances), including, without limitation, (1) any lien arising under any Federal, state or local statute, rule, regulation or law pertaining to the release or cleanup of Hazardous Substances and (ii) any mechanics' or materialmen's lien. The Mortgagor further agrees to give the Bank prompt written notice of the imposition, or notice, of any lien referred to in this Section and to take any action necessary to secure the prompt discharge or release of the same. The Mortgagor agrees to defend Its title to the Property and the Bank's interest therein against the claims of all persons and, unless the Bank requests otherwise, to appear in and diligently contest, at the Mortgagor's sole cost and expense, any action or proceeding that purports to affect the Mortgagor's title to the Property or the priority or validity of this Mortgage or the Bank's interest hereunder. 2.4 Operation of Prooert v. The Mortgagor covenants and agrees as follows: (a) The Mortgagor will not permit the. Property to be used for any unlawful or improper.purpose,- will at all times comply with all Federal,.state and local laws, ordinances and regulations, and the provisions of any Lease, easement or other agreement affecting all or any part of.-the Property, and will obtain and maintain all governmental or other approvals relating to the Mortgagor, the Property or the use thereof, including without limitation, any applicable zoning or building codes or regulations and any laws or regulations relating to the handling, storage, release or cleanup of Hazardous Substances, and will give prompt written notice to the Bank of (1) any violation of any such law, ordinance or regulation by the Mortgagor or relating to the Property, (ii) receipt of notice from any Federal, state or local authority alleging any such violation and (III) the presence or release on the Property of any Hazardous Substances; (b) The Mortgagor will at all times keep the Property insured for such losses or damage, in such amounts and by such companies as may be required by law and which the Bank may require, provided that, in any case, the Mortgagor shall maintain: (1) physical hazard insurance on an "all risks" basis in an amount not less than 100% of the full replacement cost of the Property; (il) flood insurance if and as required by applicable Federal law and as otherwise required by the Bank; (iii) comprehensive commercial general liability insurance; (Iv) rent loss and business interruption insurance; and (v) such other insurance as the Bank may require from time to time, including builder's risk insurance in the case of construction loans. All policies regarding such insurance shall be issued by companies licensed to do business In the state where the policy is issued and also in the state where the Property Is located, be otherwise acceptable to the Bank, provide deductible amounts acceptable to the Bank, name the Bank as mortgagee, loss payee and additional insured, and provide that no cancellation or material modification of such policies shall occur without at least Thirty (30) days prior written notice to the Bank. Such policies shall include (i) a mortgage endorsement determined by the Bank in good faith to be equivalent to the "standard" mortgage endorsement so that the insurance, as to the interest of the Bank, shall not be Invalidated by any act or neglect of the Mortgagor or the owner of the Property, any foreclosure or other proceedings or notice of sale relating to the 5 $K-195 2PG0182_ Property, any change in the title to or ownership of the Property, or the occupation or use of the Property for purposes more hazardous than are permitted at the date of Inception of such insurance policies; (ii) a replacement cost endorsement; (111) an agreed amount endorsement; (iv) a contingent liability from operation endorsement; and (v) such other endorsements as the Bank may request. The Mortgagor will furnish to the Bank upon request such original policies, certificates of insurance or other evidence of the foregoing as are acceptable to the Bank. The terms of all insurance policies shall be such that no coinsurance provisions apply, or If a policy does contain a coinsurance provision, the Mortgagor shall Insure the Property in an amount sufficient to prevent the application of the coinsurance provisions; (c) Mortgagor will not enter into or modify the Leases in any material respect without the prior written consent of the Bank, execute any assignment of the Leases except in favor of the Bank, or accept any rentals under any Lease for more than one month In advance and will at all times perform and fulfill every term and condition of the Leases; (d) Mortgagor will at all times (1) maintain complete and accurate records and books regarding the Property in accordance with generally accepted accounting principles and (ii) permit the Bank and the Bank's agents, employees and representatives, at such reasonable times as the Bank may request, to enter and inspect the Property and such books and records; and (e) Mortgagor will at all times keep the Property in good and first-rate repair and condition (damage from casualty not excepted) and will not commit or permit any strip, waste, impairment, deterioration or alteration of the Property or any part thereof. 2.5 Payments. The Mortgagor covenants to pay when due: all Federal, state, municipal, real property and other taxes, betterment and improvement assessments and other governmental levies, water rates, sewer charges, insurance premiums and other charges on the Property, this Mortgage or any Obligation secured hereby that could, If unpaid, result in a lien on the Property or on any Interest therein. If and when requested by the Bank, the Mortgagor shall deposit from. time to time with the Bank sums determined by the Bank to be sufficient to pay when due the amounts referred to in this Section. The .Mortgagor shall have the right to contest any notice, lien, encumbrance, claim, tax, charge, betterment .assessment or premium filed or asserted against or relating to the Property; provided that It contests the same diligently and in good faith and by proper proceedings and, at the Bank's request, provides the Bank with adequate cash security, in the Bank's reasonable judgment, against the enforcement thereof. The Mortgagor shall furnish to the Bank the receipted real estate tax bills or other evidence of payment of real estate taxes for the Property within thirty (30) days prior to the date from which Interest or penalty would accrue for nonpayment thereof. The Mortgagor shall also furnish to the Bank evidence of all other payments referred to above within fifteen (15) days after written request therefor by the Bank. If Mortgagor shall fall to pay such sums, the Bank may, but shall not be obligated to, advance such sums. Any sums so advanced by the Bank shall be added to the Obligations, shall bear interest at the highest rate specified in any note evidencing the Obligations, and shall be secured by the lien of this Mortgage. 2.6 Notices; Notice of Default. The Mortgagor will deliver to the Bank, promptly upon receipt of the same, copies of all notices or other documents it receives that affect the Property or its use, or claim that the Mortgagor is in default in the performance or observance of any of the terms hereof or that the Mortgagor or any tenant is in default of any terms of the Leases. The Mortgagor further agrees to deliver to the Bank written notice promptly upon the occurrence of any Event of Default hereunder or event that with the giving of notice or lapse of time, or both, would constitute an Event of Default hereunder. 2.7 Takings. In case of any condemnation or expropriation for public use of, or any damage by reason of the action of any public or governmental entity or authority to, all or any part of the Property (a "Taking"), or the commencement of any proceedings or negotiations that might result in a Taking, the Mortgagor shall immediately give written notice to the Bank, describing the nature and extent thereof. The Bank may, at its option, appear in any proceeding for a Taking or any negotiations relating to a Taking and the Mortgagor shall Immediately give to the Bank copies of all notices, pleadings, 6 8K1952` ?0:18.3 determinations and o then papers r elating t hereto. T he M ortgagor s hall in g ood f alth a nd with du e diligence and by proper proceedings file and prosecute its claims for any award or payment on account of any Taking. The Mortgagor shall not settle any such cialm without the Bank's prior written consent, The Mortgagor shall hold any amounts received with respect to such awards or claims, by settlement, judicial decree or otherwise, in trust for the Bank and immediately pay the same to the Bank. The Mortgagor authorizes any award or settlement due in connection with a Taking to be paid directly to the Bank in amounts not exceeding the Obligations. The Bank may apply such amounts to the Obligations in such order as the Bank may determine. 2.8 Insurance Proceeds. The proceeds of any insurance resulting from any loss with respect to the Property shall be paid to the Bank and, at the option of the Bank, be applied to the Obligations in such order as the Bank may determine; provided, however, that if the Bank shall require repair of the Property, the Bank may release all or any portion of such proceeds to the Mortgagor for such purpose. Any insurance proceeds paid to the Mortgagor shall be held in trust for the Bank and promptly paid to it. 3. CERTAIN RIGHTS OF THE BANK 3.1 Legal Proceedings. The Bank shall have the right, but not the duty, to intervene or otherwise participate in any legal or equitable proceeding that, in the Bank's reasonable judgment, might affect the Property or any of the rights created or secured by this Mortgage. The Bank shall have such right whether or not there shall have occurred an Event of Default hereunder. 3.2 Appraisals/Assessments. The Bank shall have the right, at the Mortgagor's sole cost and expense, to obtain appraisals, environmental site assessments or other inspections of the portions of the Property that are real estate at such times as the Bank deems necessary or as may be required by applicable law, or Its prevailing credit or underwriting policies. 3.3 Financial Statements. The Bank shall have the right, at the Mortgagor's sole cost and expense, to r equire d eliveryo f f inancial statements! n f orm and substance acceptable t o t he Bank from t he Mortgagor or any guarantor of any of the Obligations and the Mortgagor hereby agrees to deliver such financial statements and/or cause any such guarantor to so deliver any such financial statement when required by the Bank. 3.4 Tax Return. Mortgagor shall provide the Bank with copies of Mortgagor's filed Federal and state tax returns for the prior year within 90 days after the date that Mortgagor's tax returns are actually filed. 3.5 Leases and Rent Roll. The Mortgagor shall deliver to the Bank (i) during each calendar year and at such other times as the Bank shall request a rent roll for the Property, in form acceptable to the Bank, listing all tenants and occupants and describing all of the Leases; and (11) at such times as the Bank shall request executed copies of all the Leases. 4. DEFAULTS AND REMEDIES 4.1 Events of Default. Event of Default shall mean the occurrence of any one or more of the following events: (a) default of any liability, obligation, covenant or undertaking of the Mortgagor or any guarantor of the Obligations to the Bank, hereunder or otherwise, including, without limitation, failure to pay in full and when due any installment of principal or interest or default of the Mortgagor or any guarantor of the Obligations under any other Loan Document or any other agreement with the Bank; (b) failure by the Mortgagor to perform, observe or comply with any of the covenants, agreements, terms or conditions set forth in this Mortgage or the Loan Documents; `9 52 PG `0 1 -84 (c) the (1) occurrence of any material loss, theft, damage or destruction of, or (11) issuance or making of any levy, seizure, attachment, execution or similar process on a material portion of the Property; (d) receipt by the Bank of notice from the Mortgagor or any holder of any subordinate lien on the Property intended to terminate, limit or affect in any manner the indebtedness secured by this Mortgage or the lien priority hereof; (e) failure of the Mortgagor or any guarantor of the Obligations to maintain aggregate collateral security value satisfactory to the Bank; (f) default of any material liability, obligation or undertaking of the Mortgagor or any guarantor of the Obligations to any other party; (g) if any statement, representation or warranty heretofore, now or hereafter made by the Mortgagor or any guarantor of the Obligations in connection with this Mortgage or in any supporting financial statement of the Mortgagor or any guarantor of the Obligations shall be determined by the Bank to have been false or misleading in any material respect when made; (h) If the Mortgagor or any guarantor of the Obligations is a corporation, trust, partnership or limited liability company, the liquidation, termination or dissolution of any such organization, or the merger or consolidation of such organization into another entity, or its ceasing to carry on actively its present business or the appointment of a receiver for Its property; (i) the death of the Mortgagor or any guarantor of the Obligations and, If the Mortgagor or any guarantor of the Obligations is a partnership or limited liability company, the death of any partner or member; Q) the Institution by or against the Mortgagor. or any guarantor of the Obligations of any proceedings under the Bankruptcy Code 11 USC §101 at seq, or any other law in which the Mortgagor or any guarantor of the Obligations is alleged to be Insolvent or unable to pay its debts as they mature, or the making by the Mortgagor or any guarantor of the Obligations of an assignment for the benefit of creditors or the granting by the Mortgagor or any guarantor of the Obligations of a trust mortgage for the benefit of creditors; (k) the service upon the Bank of a writ in which the Bank is named as trustee of the Mortgagor or any guarantor of the Obligations; (1) a judgment or judgments for the payment of money shall be rendered against the Mortgagor or any guarantor of the Obligations, and any such judgment shall remain unsatisfied and in effect for any period of thirty (30) consecutive days without a stay of execution; (m) any levy, lien (including mechanics lien), seizure, attachment, execution or similar process shall be issued or levied on any of the property of the Mortgagor or any guarantor of the Obligations; (n) the termination or revocation of any guaranty of the Obligations; or (o) the occurrence of such a change in the condition or affairs (financial or otherwise) of the Mortgagor o r any g uarantor of the Obligations, o r t he o ccurrence of any o ther event or circumstance, such that the Bank, In its sole. discretion, deems that It is insecure or that the prospects for timely or full payment or performance of any obligation of the Mortgagor or any guarantor of the Obligations to the Bank has been or may be impaired, 8 4.2 Remedies. On the occurrence of any Event of Default the Bank may, at any time thereafter, at its option and, to the extent permitted by applicable law, without notice, exercise any or all of the following remedies: (a) Declare the Obligations due and payable, and the Obligations shall thereupon become immediately due and payable, without presentment, protest, demand or notice of any kind, all of which ar a hereby ex pressly w aived by the Mortgagor ex cept for Obligations due and payable on demand, which shall be due and payable on demand whether or not an event of default has occurred hereunder; (b) Enter, take possession of, manage and operate the Property (including all personal property and all records and documents pertaining thereto) and any part thereof and exclude the Mortgagor therefrom, take all actions It deems necessary or proper to preserve the Property and operate the Property as a mortgagee in possession with all the powers as could be exercised b y a r eceiver o r as o therwise p rovided h erein o r b y ap plicable I aw; p rovided, however, the entry by the Bank upon the Property for any reason shall not cause the Bank to be a mortgagee in possession, except upon the express written declaration of the Bank; (c) With or without taking possession, receive and collect all rents, Income, Issues and profits ("Rents") from the Property (including all real estate and personal property and whether past due or thereafter accruing), Including as may arise under the Leases, and the Mortgagor appoints the Bank as Its true and lawful attorney with the power for the Bank in its own name and capacity to demand and collect Rents and take any action that the Mortgagor is authorized to take under the Leases. The Bank shall (after payment of all costs and expenses incurred) apply any Rents received by it to the Obligations in such order as the Bank determines, or In accordance with any applicable statute, and the Mortgagor agrees that exercise of such rights and disposition of such funds shall not be deemed to cure any default or constitute a waiver of any foreclosure once commenced nor preclude the later commencement of foreclosure for breach thereof. The Bank shall be liable to account only for such Rents actually received by the Bank. Lessees under the Leases are hereby authorized and directed, following notice from the Bank, to pay all amounts due the Mortgagor under the Leases to the Bank, whereupon such lessees shall be relieved of any and all duty and obligation to the Mortgagor with respect to such payments so made; (d) In addition to any other remedies, to sell the Property or any part thereof or interest therein pursuant to exercise of Its power of sale or otherwise at public auction on terms and conditions as the Bank may determine, or otherwise foreclose this Mortgage in any manner permitted by law, and upon such sale the Mortgagor shall execute and deliver such Instruments as the Bank may request I n order to convey an d transfer all of the M ortgagor's interest in the Property, and the same shall operate to divest all rights, title and interest of the Mortgagor in and to the Property. In the event this Mortgage shall include more than one parcel of property or subdivision (each hereinafter called a "portion"), the Bank shall, in its sole and exclusive discretion and to the extent permitted by applicable law, be empowered to foreclose upon any such portion without impairing its right to foreclose subsequently upon any other portion or the entirety of the Property from time to time thereafter. In addition, the Bank may in Its sole and exclusive discretion subordinate this Mortgage to one or more Leases for the sole purpose of preserving any such Lease In the event of a foreclosure; (e) Cause one or more environmental assessments to be taken, arrange for the cleanup of any Hazardous Substances or otherwise cure the Mortgagor's failure to comply with any statute, regulation or ordinance relating to the presence or cleanup of Hazardous Substances, and the Mortgagor shall provide the Bank or its agents with access to the Property for such purposes; provided that the exercise of any of such remedies shall not be deemed to have relieved the Mortgagor from any responsibility therefor or given the Bank "control" over the Property or cause the Bank to be considered to be a mortgagee In possession, "owner" or "operator" of 9 $K"`[952PH186 the Property for purposes of any applicable law, rule or regulation pertaining to Hazardous Substances; and (f) Take such other actions or proceedings as the Bank deems necessary or advisable to protect Its Interest in the Property and ensure payment and performance of the Obligations, including, without limitation, appointment of a receiver (and the Mortgagor hereby waives any right to object to such appointment) and exercise of any of the Bank's remedies provided herein or in any other document evidencing, securing or relating to any of the Obligations or available to a secured party under the Uniform Commercial Code or under other applicable law. In addition, the Bank shall have all other remedies provided by applicable law, including, without limitation, the right to pursue a judicial sale of the Property or any portion thereof by deed, assignment or otherwise. The Mortgagor agrees and acknowledges that the acceptance by the Bank of any payments from either the Mortgagor or any guarantor after the occurrence of any Event of Default, the exercise by the Bank of any remedy set forth herein or the commencement, discontinuance or abandonment of foreclosure proceedings against the Property shall not waive the Bank's subsequent or concurrent right to foreclose or operate as a bar or estoppel to the exercise of any other rights or remedies of the Bank. The Mortgagor agrees and acknowledges that the Bank, by making payments or incurring costs described herein, shall be subrogated to any right of the Mortgagor to seek reimbursement from any third parties, including, without limitation, any predecessor In Interest to the Mortgagor's title or other party who may be responsible under any law, regulation or ordinance relating to the presence or cleanup of Hazardous Substances. 4.3 ACTION I N EJECTMENT. F OR T HE P URPOSE OF O STAINING P OSSESSION O F T HE PROPERTY IN THE EVENT OF ANY EVENT OF DEFAULT HEREUNDER, MORTGAGOR HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE, AS ATTORNEY FOR MORTGAGOR AND ALL PERSONS CLAIMING UNDER OR THROUGH MORTGAGOR, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST MORTGAGOR, AND AGAINST ALL PERSONS CLAIMING UNDER OR THROUGH MORTGAGOR, IN AN ACTION IN EJECTMENT FOR POSSESSION OF THE PROPERTY, IN FAVOR OF THE BANK, FOR WHICH THIS MORTGAGE, OR A COPY THEREOF VERIFIED BY AFFIDAVIT, SHALL BE A SUFFICIENT WARRANT; AND THEREUPON A WRIT OF POSSESSION MAY IMMEDIATELY ISSUE FOR POSSESSION OF THE PROPERTY, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER AND WITHOUT ANY STAY OF EXECUTION OR APPEAL.' IF FOR ANY REASON AFTER SUCH ACTION HAS BEEN COMMENCED IT SHALL BE DISCONTINUED, OR POSSESSION OF THE PROPERTY SHALL REMAIN IN OR BE RESTORED TO MORTGAGOR, THE BANK SHALL HAVE THE RIGHT FOR THE SAME DEFAULT OR ANY SUBSEQUENT DEFAULT TO BRING ONE OR MORE FURTHER ACTIONS AS ABOVE PROVIDED TO RECOVER POSSESSION OF THE PROPERTY. THE BANK MAY CONFESS JUDGMENT IN AN ACTION IN EJECTMENT BEFORE OR AFTER THE INSTITUTION OF PROCEEDINGS TO FORECLOSE THIS MORTGAGE OR TO ENFORCE ANY OF THE LOAN DOCUMENTS, OR AFTER ENTRY OF JUDGMENT THEREIN OR ON ANY OIL THE LOAN DOCUMENTS, OR AFTER A SHERIFF'S SALE OR JUDICIAL SALE OR OTHER FORECLOSURE SALE OF THE PROPERTY IN WHICH THE BANK IS THE SUCCESSFUL BIDDER, IT BEING THE UNDERSTANDING OF THE PARTIES THAT THE AUTHORIZATION TO PURSUE SUCH PROCEEDINGS FOR CONFESSION OF JUDGMENT THEREIN IS AN ESSENTIAL PART OF THE REMEDIES FOR ENFORCEMENT OF THIS MORTGAGE AND THE OTHER LOAN DOCUMENTS, AND SHALL SURVIVE ANY EXECUTION SALE TO THE BANK. MORTGAGOR HEREBY RELEASES AND AGREES TO RELEASE BANK AND SAID ATTORNEYS FROM ALL PROCEDURAL ERRORS AND DEFECTS WHATSOEVER IN ENTERING SUCH JUDGMENT OR JUDGMENTS OR IN CAUSING SUCH WRITS OR PROCESS TO BE ISSUED OR IN ANY PROCEEDING THEREON OR CONCERNING THE SAME, PROVIDED THAT BANK SHALL HAVE FILED IN SUCH ACTION OR ACTIONS AN AFFIDAVIT OR AFFIDAVITS MADE BY 10 BXf-1;952P00T87' SOMEONE ON BANK'S BEHALF SETTING FORTH THE FACTS NECESSARY TO AUTHORIZE THE ENTRY OF SUCH JUDGMENT OR JUDGMENTS ACCORDING TO THE TERMS OF THIS INSTRUMENT, OF WHICH FACTS SUCH AFFIDAVIT OR AFFIDAVITS SHALL BE PRIMA FACIE EVIDENCE. MORTGAGOR CONFIRMS TO THE BANK THAT (1) MORTGAGOR IS A BUSINESS ENTITY AND THAT ITS PRINCIPALS ARE KNOWLEDGEABLE IN BUSINESS MATTERS; (11) THE TERMS OF THIS MORTGAGE, INCLUDING THE FOREGOING WARRANT OF ATTORNEY TO CONFESS JUDGMENT, HAVE BEEN NEGOTIATED AND AGREED UPON IN A COMMERCIAL CONTEXT; AND "(III) MORTGAGOR HAS FULLY REVIEWED THE AFORESAID WARRANT OF ATTORNEY TO CONFESS JUDGMENT WITH ITS OWN COUNSEL AND IS KNOWINGLY AND VOLUNTARILY WAIVING CERTAIN RIGHTS IT WOULD OTHERWISE POSSESS, INCLUDING BUT NOT LIMITED TO, THE RIGHT TO ANY NOTICE OF A HEARING PRIOR TO THE ENTRY OF JUDGMENT BY THE BANK PURSUANT TO THE FOREGOING WARRANT. 4.4 Advances. If the Mortgagor falls to pay or perform any of Its obligations respecting the Property, the Bank may in Its sole discretion .do so without waiving or releasing Mortgagor from any such obligation. Any such payments may include, but are not limited to, payments for taxes, assessments and other governmental levies, water rates, insurance premiums, maintenance, repairs or improvements constituting part of the Property. Any amounts paid by the Bank hereunder shall be, until reimbursed by the Mortgagor, part of the Obligations and secured by this Mortgage, and shall be due and payable to the Bank, on demand, together with Interest thereon to the extent permitted by applicable law, at the highest rate permitted under any of the notes evidencing the Obligations. 4.5 Cumulative Riahts and Remedies. All of the foregoing rights, remedies and options (including without limitation the right to enter and take possession of the Property, the right to manage and operate the same, and the right to collect Rents, In each case whether by a receiver or otherwise) are cumulative and in addition to any rights the Bank might otherwise have, whether at law or by agreement, and may be exercised separately or concurrently and none of which shall be exclusive of any other. The Mortgagor further agrees that the Bank may exercise any or all of Its rights or remedies set forth herein without having to pay the Mortgagor any sums for use or occupancy of the Property. 4.6 Mortgagor's Waiver of Certain Rights. To the extent permitted by applicable law, the Mortgagor hereby waives the benefit of all present and future laws (1) providing for any appraisal before sale of all or any portion of the Property or (11) in any way extending the time for the enforcement of the collection of the Obligations or creating or extending a period of redemption from any sale made hereunder. 5. MISCELLANEOUS 5.1 Costs and Expenses. To the extent permitted by applicable law, the Mortgagor shall pay to the Bank, on demand, all reasonable expenses (including attorneys' fees and expenses and reasonable consulting, accounting, appraisal, brokerage and similar professional fees and charges) incurred by the Bank in connection with the Bank's interpretation, recordation of this Mortgage, exercise, preservation or enforcement of any of its rights, remedies and options set forth in this Mortgage and in connection with any litigation, proceeding or dispute whether arising hereunder or otherwise relating to the Obligations, together with interest thereon to the extent permitted by applicable law, until paid in full by the Mortgagor at the highest rate set forth in any of the notes evidencing the Obligations. Any amounts owed by the Mortgagor hereunder shall be, until paid, part of the Obligations and secured by this Mortgage, and the Bank shall be entitled, to the extent permitted by law, to receive and retain such amounts in any action for a deficiency against or redemption by the Mortgagor, or any accounting for the proceeds of a foreclosure sale or of insurance proceeds. 5.2 Indemnification Regardinq Leases. The Mortgagor hereby agrees to defend, and does hereby indemnify and hold the Bank and each of its directors, officers, employees, agents and attorneys (each an "Indemnitee") harmless from all losses, damages, claims, costs or expenses (including attorneys' fees 11 1311 I :-9°5 2'PG 0 ,1. . and expenses) resulting from the assignment of the Leases and from all demands that may be asserted against such Indemnitees arising from any undertakings on the part of the Bank to perform any obligations under the Leases. It is understood that the assignment of the Leases shall not operate to place responsibility for the control or management of the Property upon the Bank or any lndemnitee or make them liable for performance of any of the obligations of the Mortgagor under Leases, respecting any condition of the Property or any other agreement or arrangement, written or oral, or applicable law. 5.3 Indemnification Regarding Hazardous Substances. The Mortgagor hereby agrees to defend, and does hereby Indemnify and hold harmless each Indemnitee from and against any and all losses, damages, claims, costs or expenses, including, without limitation, litigation costs and attorneys' fees and expenses and fees or expenses of any environmental engineering or cleanup firm incurred by such lndemnitee and arising out of or in connection with the Property or resulting from the application of any current or future law, regulation or ordinance relating to the presence or cleanup of Hazardous Substances on or affecting the Property. The Mortgagor agrees its obligations hereunder shall be continuous and shall survive termination or discharge of this Mortgage and/or the repayment of all debts to the Bank including repayment of all Obligations. 5.4 Indemnitee's Expenses. If any lndemnitee is made a party defendant to any litigation or any claim is threatened or brought against such lndemnitee concerning this Mortgage or the Property or any part thereof or therein or concerning the construction, maintenance, operation or the occupancy or use thereof by the Mortgagor or other person or entity, then the Mortgagor shall indemnify, defend and hold each lndemnitee harmless from and against all liability by reason of said litigation or claims, including attorneys' fees and expenses incurred by such lndemnitee in connection with any such litigation or claim; whether or not any such litigation or claim Is prosecuted to judgment. The within indemnification shall survive payment of the Obligations, and/or any termination, release or discharge executed by the Bank in favor of the Mortgagor. 5.5 Waivers. The Mortgagor waives notice of nonpayment, demand, presentment, protest or notice of protest of the Obligations and all other no consents to any renewals or extensions of time of payment thereof, and generally waives any and all suretyship defenses and defenses in the. nature thereof. No delay or omission of the Bank in exercising or enforcing any of Its rights, powers, privileges, remedies, immunities or discretion (all of which are hereinafter collectively referred to as "the Bank's rights and remedies") hereunder shall constitute a, waiver thereof; and no waiver by the Bank of any default of the Mortgagor hereunder or of any demand shall operate as a waiver of any other default hereunder or of any other demand. No term or provision hereof shall be waived, altered or modified except with the prior written consent of the Bank, which consent makes explicit reference to this Mortgage. Except as provided in the preceding sentence, no other agreement or transaction, of whatsoever nature, entered into between the Bank and the Mortgagor at any time (whether before, during or after the effective date or term of this Mortgage) shall be construed as a waiver, modification or limitation of any o f the Bank's rights and remedies under this Mortgage (nor shall anything i n this Mortgage be construed as a waiver, modification or limitation of any of the Bank's rights and remedies under any such other agreement or transaction) but all the Bank's rights and remedies not only under the provisions of this Mortgage but also under any such other agreement or transaction shall be cumulative and not alternative or exclusive, and may be exercised by the Bank at such time or times and in such order of preference as the Bank in its sole discretion may determine. 5.6 Waiver of Homestead. To the maximum extent permitted under applicable law, the Mortgagor hereby waives and terminates any homestead rights and/or exemptions respecting the Property under the provisions of any applicable homestead laws, including without limitation, Title 42, Section 8123, of the Pennsylvania Consolidated Statutes Annotated. 5.7 Joint and Several. If there Is more than one Mortgagor, each of them shall be jointly and severally liable for payment and/or performance of all obligations secured by this Mortgage and the term "Mortgagor" shall include each as well as all of them. 12 5.8 Severabillty. If any provision of this Mortgage or portion of such provision or the application thereof to any person or circumstance shall to any extent be held invalid or unenforceable, the remainder of this Mortgage (or the remainder of such provision) and the application thereof to other persons or circumstances shall not be affected thereby. 5.9 Complete Agreement. This Mortgage and the other Loan Documents constitute the entire agreement and understanding between and among the parties hereto relating to the subject matter hereof, and supersedes all prior proposals, negotiations, agreements and understandings among the parties hereto with respect to such subject matter. 5.10 Binding Effect of Agreement. This Mortgage shall run with the land and be binding upon and inure to the benefit of the respective heirs, executors, administrators, legal representatives, successors and assigns of the parties hereto, and shall remain In full force and effect (and the Bank shall be entitled to rely thereon) until all Obligations are fully and Indefeasibly paid. The Bank may transfer and assign this Mortgage and deliver any collateral to the assignee, who shall thereupon have all of the rights of the Bank; and the Bank shall then be relieved and discharged of any responsibility or liability with respect to this Mortgage and such collateral. Except as expressly provided herein or In the other Loan Documents, nothing, expressed or implied, Is intended to confer upon any party, other than the parties hereto, any rights, remedies, obligations or liabilities under or by reason of this Mortgage or the other Loan Documents. 5.11 Notices. Any demand or notice hereunder or under any applicable law pertaining hereto shall be in writing and duly given If delivered to any party hereto at the address for such party as set forth herein, or at such other address as any party may from time to time designate in written notice received by the other parties hereto; provided, however, that In order for any notice to the Bank to be deemed effective, a duplicate notice shall be separately delivered to the Bank at the current office address of the Bank officer primarily responsible for the customer account to which this document relates. Any such demand or notice shall be deemed sufficiently given for all purposes when delivered (1) by personal delivery and shall be deemed effective when delivered, or (ii) by mail or courier and shall be deemed effective ,,three (3) business days after deposit in an official depository maintained by the United States Post Office for the collection of mail or one (1) business day after. delivery to a nationally recognized overnight courier service. Notice by e-mail Is not valid notice under this or any other agreement between the undersigned parties. 5.12 Governing Law. This Mortgage shall be governed by Pennsylvania without giving effect to the conflicts of laws principles thereof. 5.13 Reproductions. T his M ortgage and all d ocuments w hich h ave b een or m ay be h ereinafter furnished by the Mortgagor to the Bank may be reproduced by the Bank by any photographic, photostatic, microfilm, xerographic or similar process, and any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made in the regular course of business). 5.14 Title Insurance. Upon request by the Bank, Mortgagor shall furnish to the Bank at Mortgagor's own cost and expense a title insurance policy (a) naming the Bank as mortgagee, (b) covering the lien on the Property granted pursuant to this Mortgage, (c) containing no exception not approved by the Bank, (d) issued by a title insurance company qualified to do business in the State where the Property is located and satisfactory to the Bank and (e) otherwise in form and substance satisfactory to the Bank. 5.15 Jurisdiction and Venue. The Mortgagor Irrevocably submits to the nonexclusive jurisdiction of any Federal or state court sitting In Pennsylvania, over any suit, action or proceeding arising out of or relating to this Mortgage. The Mortgagor irrevocably waives, to the fullest extent it may effectively do so under applicable law, any objection it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought In any such court and any claim that the same has been brought in an inconvenient forum. The Mortgagor hereby consents to process being served in any such suit, action or 13 proceeding (1) by the mailing of a. copy thereof by registered or certified mail, postage prepaid, return receipt r equested, t o t he M.ortgagor's addr ess s et f orth h erein o r s uch o ther addr ess as h as been provided in writing to the Bank and (li) ir1 any other manner permitted by law, and agrees that such service shall in every respect be deemed effective service upon the Mortgagor. 5.16 JURY WAIVER. THE MORTGAGOR .AND THE BANK. EACH HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY,.AND AFTER AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, (A) WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING IN CONNECTION WITH THIS MORTGAGE, THE OBLIGATIONS, ALL MATTERS CONTEMPLATED HEREBY AND DOCUMENTS EXECUTED IN CONNECTION HEREWITH AND (B) AGREE NOT TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CAN NOT BE, OR HAS NOT BEEN WAIVED. THE MORTGAGOR CERTIFIES THAT NEITHER THE BANK NOR ANY OF ITS. REPRESENTATIVES, AGENTS. OR COUNSEL HAS REPRESENTED, EXPRESSLY OR OTHERWISE,. THAT THE BANK. WOULD NOT IN THE EVENT OF ANY SUCH PROCEEDING SEEK TO ENFORCE THIS WAIVER OF RIGHT TO TRIAL BY JURY. 5.17 Purchase Money Mortgage. To the extent all or any part of the Obligations secured by this Mortgage were used In whole or In part to fund the acquisition of all or any part of the Property, this Mortgage shall be a "purchase money mortgage" within the meaning of 42 Pa. C.S.A.-Sec. 8141 and shall be accorded the lien priority provided for therein. EXECUTED under seal as of the date first above written. Witness: ??/ ___ - ... .... ... - Witness: Mortgagor: P rry L. Smith, individually Mortgagor: racy . cLain, individually 14 The address of the within named Bank is: One M&T Plaza (Attn: Office of General Counsel) Buffalo, New York 14203 Manufacturers and Traders Trust Company By: - /U1 Name: Ce Title: ele T COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF - n On this, the Lday of n _T, 20°4 before me, a Notary Public, personally appeared Perry L. Smith, known to a (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and he/she acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND OFFICIAL SEAL. COMMONWEALTH.OF PENNSYLVANIA . NOTARIAL SEAL JODY GOLDRING, Notary Public City of Harrisburgy Dauphin County My Commission Cxpires Nov. 03, 2009 N .. RY P BLIC . MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA COUNTY OF00? SS. On this, the day of a 2Q-6, before me, a Notary Public, personally appeared Tracy E. McLain, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and he/she acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I HEREUNTO SET MY.HAND AND OFFICIAL SEAL. COMMO_NWEALII-1 OF PENNSYLVANIA NUT"ARIAI_ :TEAL JODY GOLDRING, Notary Public City of Harrisburg Dauphin.Oounty My 'ommisslon Expires Nov. 03, 2009 Commercial Mortgage 1(9) 0 2006 Medic], a division of Bankers Systems, Inc. 4 EXHIBIT "C" Permitted Encumbrances None I Certify this to be recorded. In Cumberland County PA r 6 v +`f='''?A f Recorder of Deeds 4 4 . h\ LEGAL DESCRIPTION 113 SOUTH ENOLA DRIVE ALL THOSE TWO CERTAIN tracts of land situate in Summerdale, East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described according to a survey made by D. P. Raffensperger, Registered Surveyor, on March 6, 1962, as follows: TRACT NO 1. BEGINNING at an iron pin on the West side of South Enola. Drive, said iron pin being located 97 feet South 3 degrees 45 minutes East of the Southern side of West Highland Avenue and on the western edge of a concrete sidewalk and at the southeastern corner of property now or late of Frank Albert; thence by the Western side of South Enola Drive South 3 degrees 45 minutes East 45 feet to a point, the northeastern corner of Tract No. 2 hereinafter described; thence by Tract No. 2 hereinafter described South 83 degrees 55 minutes West, 125 feet to a point in line of land now. or late of Marvin O. Buck, et ux; thence by lands now or late of Marvin 0. Buck, et ux, North 3 degrees 45 minutes West, 45 feet to a point in line of land now or late of Newton L. Kapp; thence by lands now or late of Newton L. Kapp and Frank Albert North 83 degrees 55 minutes East, 125 feet to an iron pin on the West side of South Enola Drive, the place of BEGINNING. HAVING thereon erected a two story brick storeroom and apartment building known and numbered as 113 South Enola Drive, Summerdale, Pennsylvania. TRACT NO. 2. BEGINNING at a point on the West side of South Enola Drive said point being the southeastern corner of Tract No. 1 above described; thence by the West side of South Enola Drive South 3 degrees 45 minutes East, 10 feet to an iron pin, the Northeastern corner of lands now or late of Frank De Benedetto; thence by lands now or late of Frank De Benedetto South 83 degrees 55 minutes West, 125 feet to an iron pin in line of lands now or late of Marvin Buck, et ux; thence by lands now or late of Marvin 0. Buck, et ux, North 3 degrees 45 minutes West 10 feet to a point, the southwestern corner of Tract No. 1 above described; thence by Tract No. 1, North 83 degrees 55 minutes East, 125 feet to a point on the Western line of South Enola Drive, the place of BEGINNING. BEING THE SAME premises which Perry L. Smith and Tracy E. McLain, husband and wife, and Mark A. Simpson and Lisa D. Simpson, husband and wife, by their deed dated the 17th day of May, 2006, and to be recorded simultaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Perry L. Smith and Tracy E. McLain, husband and wife, Mortgagors herein. $K .? pG 4 ::i 9 A , %,* t, LEGAL DESCRIPTION LOTS NOS. 10, 11. AND 12, PLAN OF GEORGE F MOORE ALL THOSE CERTAIN lots or parcels of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by Whittock and Hartman, dated January 15, 1985, as follows, to wit: BEGINNING at a point on the north side of Randam Street, at corner of Lot No. 9; thence along the northern side of Randam Street North 64 degrees 41 minutes 00 seconds West, a distance of 92.60 feet to an iron pin; thence continuing along Randam Street, North 7 degrees 36 minutes 00 seconds West, a distance of 178.69 feet to a point on the south side of a 20 foot alley; thence along the south side of said alley, South 64 degrees 41 minutes'00 seconds East, a distance of 189.70 feet to an iron pin; thence along Lot No. 9 South 25 degrees 19 minutes 00 seconds West, a distance of 150.00 feet to an iron pin, the point and place of BEGINNING. BEING Lot No. 10, Lot No. 11, and Lot No. 12 on the. Plan of Lots of George F. Moore, which plan is unrecorded. The foregoing description combines the legal description of Lots 10, 11 and 12. It also corrects the legal description for 11 and 12 which were erroneously described in prior deeds. BEING THE SAME premises which Perry L. Smith and Tracy E. McLain', husband and wife, and Mark A. Simpson and Lisa D. Simpson, husband and wife, by their deed dated the 17th day of May, 2006, and to be recorded simultaneously herewith, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Perry L. Smith and Tracy E. McLain, husband and wife, Mortgagors herein. BK`1952PGO i 95 MANUFACTURERS AND IN THE COURT OF COMMON PLEAS OF TRADERS TRUST COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PERRY L. SMITH and TRACY E. McLAIN, Defendants : CIVIL ACTION - LAW : NO. 11-6157 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of May, 2012, upon consideration of the attached letter from Nicholas A. Fanelli, Esq., attorney for Defendants, and with the agreement of Donald Lewis, III, Esq., attorney for Plaintiff, the pretrial conference scheduled for May 9, 2012 and the non jury trial scheduled for May 24, 2012, are cancelled. BY THE COURT, Donald M. Lewis, III, Esq. 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Attorney for Plaintiff Christylee . Peck, J. n C rn t2!m =M :?o -?z N -•c w m Robert E. Chernicoff, Esq. Nicholas A. Fanelli, Esq. 2320 North Second Street Harrisburg, PA 17110 Attorney for Defendants :rc > ? e--,, rd 51-0 ,e,e G -o z c.a 7172384809 JORDAN D. CUNNINGHAM ROBERT E. CHERNICOFF MARC W. WITZIG BRUCE J. WARSHAWSKY TRACY L. UPDIKE NICHOLAS A. FANELLI 10:49:09 05-02-2012 1/1 CUNNINGHAM & CHERNICOFF, P.C. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PENNSYLVANIA 17106-0457 TELEPHONE (717) 238-6570 FAX (717) 238-4809 HERSHEY TELEPHONE (717) 534-2833 IRS NO, 23.2274135 Street Address: 2320 N. 2nd Street Harrisburg, PA 17110 Writer's Direct Email: nfanellija cclawpc.com May 2, 2012 VIA FACSIMILE: 717-240-6460 The Honorable Chistylee L. Peck Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, PA 17013 RE: Manufacturers and Traders Trust Company v. Perry L. Smith and Tracy E. McLain Cumberland County No: 11-6157 Dear Judge Peck: The above-referenced matter is currently scheduled for a pre-trial conference on May 9, 2012 at 9:15 a.m. and for a non jury trial on May 24, 2012 at 9:30 a.m. I am writing to inform you that the parties have agreed to resolve the matter. We anticipate that a judgment by consent will be entered in the next few days and that there is no longer a need for a trial date and a prc- trial conference. Should you have any questions or concerns in this regard, please do not hesitate to contact me. Very truly yours, CUNNIN HAM & CHERNICOFF, P.C. ? "_ A JA Nicholas A. Fanelli Cc: Donald Lewis, Esquire (via email: dlewis n,keef'erwood.com) Eugene Pepinsky, Esquire (via email: epepinskyQakeeferwood.com) Robert E. Chernicoff, Esquire F'.I Ionic'•NI'ANELLI?Documems'.Smith, Pen' L`2012\L050212.w7xJ f'C' T F1 TA 12 N!"' 9 M 2: -'?;1'113ERLAND COUNTY PENNSYLVANIA MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS TRUST COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PERRY L. SMITH and TRACY E. MCLAIN, Defendants CIVIL ACTION - LAW No. 11-6157 MORTGAGE FORECLOSURE (The Honorable Christylee L. Peck) PRAECIPE FOR ENTRY OF JUDGMENT TO: David D. Buell, Prothonotary Please enter judgment in favor of Plaintiff and against Defendants in the amount of Three Hundred Ninety Thousand Four Hundred Sixty-Eight and 89/100 Dollars ($390,468.89) and for judicial sale of the mortgaged premises, per stipulation of counsel dated May 8, 2012, copy attached hereto. KEEFER WOOD ALLEN & RAHAL, LLP Dated: May 8, 2012 By 6,P6nald M. Lewis III Attorney 1. D. # 58510 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8038 Attorneys for Plaintiff a rVq .1b. Sotaal ah? C? ? ojc.,?sa3 Q7gJ7Y Nod u Waij Ift MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff V. PERRY L. SMITH and TRACEY E. MCLAIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 11-6157 MORTGAGE FORECLOSURE : (The Honorable Christylee L. Peck) STIPULATION FOR ENTRY OF JUDGMENT The undersigned counsel stipulate, consent and agree to the entry of a judgment in rem in favor of Plaintiff in the amount of $390,468.89 and for judicial sale of the mortgaged premises. It is further agreed that there will be no sheriff's sale of the premises before September 1, 2012. The undersigned counsel for Plaintiff and Defendant further stipulate that they are authorized to enter into this stipulation on behalf of their respective clients. Dated: A?r 7, 2012 KEEFER WOOD ALLEN & RAHAL, LLP By en sky, Jr.; PA23702 onald M. Lewis III; PA58510 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 and 255-8038 Attorneys for Plaintiff CUNNINGHAM & CHERNICOFF, P.C. Robert E. e Nicholas A. Fang 2320 North Sec( P. O. Box 60457 Harrisburg, PA (717) 238-6570 "A23380 PA308136 Street 17106-0457 Attorneys for Defendants CERTIFICATE OF SERVICE I, Donald M. Lewis III, Esquire, one of the attorneys for, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Nicholas A. Fanelli, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 KEEFER WOOD ALLEN & RAHAL, LLP By is III Dated: ?f'i??I t g, 2012 Ll CERTIFICATE OF SERVICE I, Donald M. Lewis III, Esquire, one of the attorneys for plaintiff, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Robert E. Chernicoff, Esquire Nicholas A. Fanelli, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 KEEFER WOOD ALLEN & RAHAL, LLP By na ewis III Dated: May 8, 2012 fi %. E „ ?F10 OT A 29 1? MY( -9 PH 2: i 1 MANUFACTURERS AND' AUD CaU? rTHE COURT OF COMMON PLEAS OF TRUST COMPANY, PENNSYlVA41ACUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PERRY L. SMITH and TRACEY E. MCLAIN, : CIVIL ACTION - LAW No. 11-6157 : MORTGAGE FORECLOSURE Defendants : (The Honorable Christylee L. Peck) STIPULATION FOR ENTRY OF JUDGMENT The undersigned counsel stipulate, consent and agree to the entry of a judgment in rem in favor of Plaintiff in the amount of $390,468.89 and for judicial sale of the mortgaged premises. It is further agreed that there will be no sheriffs sale of the premises before September 1, 2012. The undersigned counsel for Plaintiff and Defendant further stipulate that they are authorized to enter into this stipulation on behalf of their respective clients. MA Dated: AP 7, 2012 KEEFER WOOD ALLEN & RAHAL, LLP CUNNINGHAM & CHERNICOFF, P.C. By en&E-Re rfky, Jr.; PA23702 onald M. Lewis III; PA58510 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 and 255-8038 Robert E. 71??e?o A23380 Nicholas AFanelli A308136 2320 North Seco d Street P. O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Attorneys for Plaintiff Attorneys for Defendants CERTIFICATE OF SERVICE I, Donald M. Lewis III, Esquire, one of the attorneys for, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Nicholas A. Fanelli, Esquire Cunningham & Chemicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 KEEFER WOOD ALLEN & RAHAL, LLP By ,?,?? is III Dated: I S, 2012 KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NO. 11-6157 CIVIL TERM PERRY L. SMITH and MORTGAGE FORECLOSURE TRACY E. MCLAIN Defendants PRAECIPE FOR WRIT OF EXECUTION - N*RTGAGE FOR CLOSVIN TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PA, Issue Writ of Execution in the above matter on the following described property: 113 South Enola Drive, Enola and 5 Radam Street, Summerdale, Cumberlandaoy, Pennsylvania. r nw xrn Amount Due: $390,168.89 -- Dv r Interest From : r v Collection Fee: $ KEEFER WOOD ALLEN & RAHAL, LLP Date: May 14, 2012 BY: Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 ya.Co w a4 a '`+V y4 Y ?? / / ?Y G a.a.?r QAAe- to. sv w ? PROPERTY DESCRIPTION PLAINTIFF: MANUFACTURERS AND TRADERS TRUST COMPANY DEFENDANT: PERRY L. SMITH and TRACY E. MCLAIN ATTORNEY FOR PLAINTIFF: EUGENE E. PEPINSKY, JR., ESQ. (717) 255-8051 JUDGMENT AMOUNT: $90,468.89 STREET ADDRESS: 113 SOUTH ENOLA DRIVE ENOLA, PENNSYLVANIA and 5 RADAM STREET, SUMMERDALE, PENNSYLVANIA MUNICIPALITY/COUNTY/STATE: EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA SEIZED AND SOLD AS THE PROPERTY OF PERRY L. SMITH and TRACY E. MCLAIN UNDER JUDGMENT NO. 11-6157 LEGAL DESCRIPTION 113 SOUTH ENOLA DRIVE ALL THOSE TWO CERTAIN tracts of land situate in Surnmerdale, East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described according to a survey made by D. P. Raffensperger, Registered Surveyor, on March 6, 1962, as follows: TRACT NO I. BEGINNING at an iron pin on the West side of South Enola. Drive, said iron pin being located 97 feet South 3 degrees 45 minutes East of the,Southern side of West Highland Avenue and on the western edge of a concrete sidewalk and at the southeastern corner of property now or late of Frank Albert; thence by the Western side of South Enola Drive South 3 degrees 45 minutes East 45 feet to a point, the northeastern corner of Tract No. 2 hereinafter described; thence by Tract No. 2 hereinafter described South 83 degrees 55 minutes West, 125 feet to a point in line of land now, or late of Marvin 0. Buck, et ux; thence by lands now or late of Marvin 0. Buck, et ux, North 3 degrees 45 minutes West, 45 feet to a point in line of land now or late of Newton L. Kapp; thence by lands now or late of Newton L. Kapp and Frank Albert North 83 degrees 55 minutes East, 125 feet to an iron pin on the West side of South Enola Drive, the place of BEGINNING. HAVING thereon erected a two story brick storeroom and apartment building known and numbered as 113 South Enola Drive, Summerdale, Pennsylvania. TRACT NO. 2. BEGINNING at a point on the West side of South Enola Drive said point being the southeastern corner of Tract No. 1 above described; thence by the West side of South Enola Drive South 3 degrees 45 minutes East, 10 feet to an iron pin, the Northeastern corner of lands now or late of Frank De Benedetto; thence by lands now or late of Frank De Benedetto South 83 degrees 55 minutes West, 125 feet to aii iron pin in line of lands now or late of Marvin Buck, et ux; thence by lands now or late of Marvin 0. Buck, et ux, North 3 degrees 45 minutes West 10 feet to a point, the southwestern corner of Tract No. 1 above described; thence by Tract No. 1, North 83 degrees 55 minutes East, 125 feet to a point on the Western line of South Enola Drive, the place of BEGINNING. BEING THE SAME premises which Perry L. Smith and Tracy E. McLain, husband and wife, and Mark A. Simpson and Lisa D. Simpson, husband and wife, by their deed dated the 17th day of May, 2006, and to be recorded simultaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Perry L. Smith and Tracy E. McLain, husband and wife, TAX PARCEL 09-15-1291-111 t, LEGAL DESCRIPTION 5 RADAM STREET ALL THOSE CRRTAIN lots or parcels of laud situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by Whittock and Hartman, dated January 15, 1985, as follows, to wit: BEGINNING at a point on the north side of Randam Street, at coiner of Lot No. 9; thence along the northern side of Randam Street North 64 degrees 41 minutes 00 seconds West, a distance of 92.60 feet to an iron pin; thence continuing along Randam Street, North 7 degrees 36 minutes 00 seconds West, a distance of 178,69 feet to a point on the south side of a 20 foot alley; thence along the south side of said alley, South 64 degrees 41 minutes'00 seconds East, a distance of 189.70 feet to an iron pin; thence along Lot No. 9 South 25 degrees 19 minutes 00 seconds West, a distance of 150.00 feet to an iron pin, the point and place of BBGINN] NG. BEING Lot No. 10, Lot No. 11, and Lot No. 12 on the Plan of Lots of George F. Moore, which plan is unrecorded. The foregoing description combines the legal description of Lots 10, 11 and 12. It also corrects the legal description for 11 and 12 which were erroneously described in prior deeds. BEING THE SAME premises which Perry L. Smith and Tracy E. McLain, husband and wife, and Mark A. Simpson and Lisa D. Simpson, husband and wife, by their deed dated the 17th day of May, 2006, and to be recorded simultaneously herewith, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Perry L. Smith and Tracy E. McLain, husband and wife, TAX PARCEL 09-13-1003-015 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6157 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Manufacturers and Traders Trust Company Plaintiff (s) From Perry L. Smith and Tracy E. McLain (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$390,468.89 Interest L.L. $.50 Atty's Comm % Atty Paid $222.25 Plaintiff Paid Date: MAY 22, 2012 (Seal) REQUESTING PARTY: Name : Eugene E. Pepinsky, Jr., Esq. Address: Keefer Wood Allen & Rahal, LLP 210 Walnut St., P. O. Box 11963 Harrisburg, PA 17108-1963 Attorney for: PLAINTIFF Telephone: 717-255-8051 Supreme Court ID No. 23702 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy PROPERTY DESCRIPTION PLAINTIFF: MANUFACTURERS AND TRADERS TRUST COMPANY DEFENDANT: PERRY L. SMITH and TRACY E. MCLAIN ATTORNEY FOR PLAINTIFF: EUGENE E. PEPINSKY, JR., ESQ. (717) 255-8051 JUDGMENT AMOUNT: $90,468.89 STREET ADDRESS: 113 SOUTH ENOLA DRIVE ENOLA, PENNSYLVANIA and 5 RADAM STREET, SUMMERDALE, PENNSYLVANIA MUNICIPALITY/COUNTY/STATE: EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA SEIZED AND SOLD AS THE PROPERTY OF PERRY L. SMITH and TRACY E. MCLAIN UNDER JUDGMENT NO. 11 -615 7 z, ? ea c.? A C? = r. x S p ,?, r cn ?; -" LEGAL DESCRIPTION 113 SOUTH ENOLA DRIVE ALL THOSE TWO CERTAIN tracts of land situate in Summerdale, East Pennsboro Township, Cumberland Colulty, Pennsylvania, bounded and described according to a survey made by D. P, Raffensporger, Registered Surveyor, on March 6, l 962, as follows; TRACT NO I. BEGINNING at an iron pin on the West side of South Enola. Drive, said iron pin being located 97 feet South 3 degrees 45 minutes East of the ,Southern side of West Highland Avenue and on the western edge of a concrete sidewalk and at the southeastern corner of property now or late of Frank Albert; thence by the Western side of South Enola Drive South 3 degrees 45 minutes East 45 feet to a point, the northeastern corner of Tract No. 2 hereinafter described; thence by Tract No. 2 hereinafter described South 83 degrees 55 minutes West, 125 feet to a point in line of land now, or late of Marvin 0. Buck, et ux; thence by lands now or late of Marvin 0. Buck, et ux, North 3 degrees 45 minutes West, 45 feet to a point in line of land now or late of Newton L. Kapp; thence by lands now or late of Newton L. Kapp and Frank Albert North 83 degrees 55 minutes East, 125 feet to an iron pin on the West side of South Enola Drive, the place of BEGINNING. HA17ING thereon erected a two story brick storeroom and apartment building known and numbered as 113 South Enola Drive, Summerdale, Pennsylvania. TRACT NO, 2. BEGINNING at a point on the West side of South Enola Drive said point being the southeasterly corner of Tract No, 1 above described; thence by the West side of South Enola Drive South 3 degrees 45 minutes East, 10 feet to an iron pin, the Northeastern corner of lands now or late of Frank De Benedetto; thence by lands now or late of Frank De Benedetto South 83 degrees 55 minutes West, 125 feet to an iron pin in line of lands now or late of Marvin Buck, et ux; thence by lands now or late of Marvin 0. Buck, et ux, North 3 degrees 45 minutes West 10 feet to a point, the southwestern corner of Tract No, 1 above described; thence by Tract No. 1, North 83 degrees 55 minutes East, 125 feet to a point on the Western line of South Enola Drive, the place of BEGINNING. BLUING THE SAME premises which Perry L. Smith and Tracy E. McLain, husband and wife, and Mark A. Simpson and Lisa D. Simpson, husband and wife, by their deed dated the 17th day of May, 2006, and to be recorded simultaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Perry L. Smith and Tracy E. McLain, husband and wife, TAX PARCEL 09-15-1291-111 t. LEGAL DESCRIPTION 5 RADAM STREET ALL THOSE CERTAIN lots or parcols of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by Whittock and Hartman, dated January 15, 1985, as follows, to wit; BEGINNING at a point on the north side ofRandam Street, at corner of Lot No. 9; thence along the northern side of Randam Street North 64 degrees 41 minutes 00 seconds West, a distance of 92.60 feet to an iron pin; thence continuing along Randam Street, North 7 degrees 36 minutes 00 seconds West, a distance of 178.69 feet to a point on the south side of a 20 foot alley; thence along the south side of said alley, South 64 degrees 41 minutes'00 seconds East, a distance of 189.70 feet to an iron pin; thence along Lot No. 9 South 25 degrees 19 minutes 00 seconds West, a distance of 150.00 feet to an iron pin, the point and place of BEGINNING. BEING Lot No. 10, Lot No. 11, and Lot No. 12 on the Plan of Lots of George F. Moore, which plan is unrecorded. The foregoing description combines the legal description of Lots 10, 11 and 12. It also corrects the legal description for 11 and 12 which were erroneously described in prior deeds. BEING THE SAME premises which Perry L. Smith and Tracy E. McLain, husband and wife, and Mark A. Simpson and Lisa D. Simpson, husband and wife, by their deed dated the 17th day of May, 2006, and to be recorded simultaneously herewith, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Perry L. Smith and Tracy E. McLain, husband and wife, TAX PARCEL 09-13-1003-015 r KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff V. PERRY L. SMITH and TRACY E. MCLAIN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-6157 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Keefer Wood Allen & Rahal, LLP sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 113 South Enola Drive and 5 Radam Street, Summerdale, Cumberland County, Pennsylvania. 1. Name and address of the Owner(s) or Reputed Owner(s): PERRY L. SMITH and TRACY E. MCLAIN 1101 OAK HILL ROAD LEWISBERRY PA 17339 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME. 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold. a. PLAINTIFF HEREIN b. VINCE PHILLIPS t/d/b/a PHILLIPS ASSOCIATES rnm s 800 N. THIRD STREET, STE. 401 zM ? -? HARRISBURG, PA 17102 -<m PO N tv r ? '?' --t c' AND = µt JEFFREY A. ERNICO, ESQ. _ C:) Dz METTE EVANS & WOODSIDE Ln _ 3401 N. FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 C. CLAIR E. DANIELS d/b/a KEY PAINTING & DECORATING CO. 100 WEST SECOND STREET HUMMELSTOWN, PA 17036 AND JAMES W. ABRAHAM ESQ. ABRAHAM LAW OFFICES, LLC 45 E. MAIN STREET HUMMELSTOWN, PA 17036 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN. 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every, other person who has any record interest in the property and whose interest may be affected by the sale: CUMBELAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE, ROOM 106 CARLISLE, PA 17013 DEBBIE LUPOLD, TAX COLLECTOR EAST PENNSBORO TOWNSHIP 98 S. ENOLA DRIVE, ROOM 101 ENOLA, PA 17025 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unswom falsification to authorities. KEEFER WOOD ALLEN & RAHAL, LLP 4?'ZQ - Date: May 14, 2012 By: Eugene E. Pepr , Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NO. 11-6157 CIVIL TERM PERRY L. SMITH and MORTGAGE FORECLOSURE TRACY E. MCLAIN Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUAN T TO PENNSYLVANIA RULE OF CW PROCEDURE 31292 c? = TAKE NOTICE: ,, rn' - That the Sheriffs Sale of Real Property (real estate) will be held: :Z;0 Zr- N Orrl ?° -4cD DATE: September 5, 2012 CD CDC) TIME: 10:00 a.m. c-,, - LOCATION: CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, 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: 113 South Enola Drive, Enola and 5 Radam Street, Summerdale, Cumberland County, Pennsylvania The JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 11-6157 The NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property is (are): PERRY L. SMITH and TRACY E. MCLAIN 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 we are owed taxes) will be filed by the Sheriff of this County 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. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11863 HARRISBURG, PA 17108-1963 Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER, IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAIL IISSUW BECAUSE THERE IS A JUDGMENT AGAINST YOU. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within 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 petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a spec return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. KEEFER WOOD ALLEN & RAHAL, LLP Dated: May 14, 2012 By: Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NO. 11-6157 CIVIL TERM PERRY L. SMITH and MORTGAGE FORECLOSURE TRACY E. MCLAIN Defendants PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PA, Issue Writ of Execution in the above matter on the following described property: 113 South Enola Drive, Enola and 5 Radam Street, Summerdale, Cumberland County, Pennsylvania. Amount Due: $390,468.89 Interest From: Collection Fee: $ KEEFER WOOD ALLEN & RAHAL, LLP Date: May 14, 2012 BY: Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 PROPERTY DESCRIPTION PLAINTIFF: MANUFACTURERS AND TRADERS TRUST COMPANY DEFENDANT: PERRY L. SMITH and TRACY E. MCLAIN ATTORNEY FOR PLAINTIFF: EUGENE E. PEPINSKY, JR., ESQ. (717) 255-8051 JUDGMENT AMOUNT: $90,468.89 STREET ADDRESS: 113 SOUTH ENOLA DRIVE ENOLA, PENNSYLVANIA and 5 RADAM STREET, SUMMERDALE, PENNSYLVANIA MUNICIPALITY/COUNTY/STATE: EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA SEIZED AND SOLD AS THE PROPERTY OF PERRY L. SMITH and TRACY E. MCLAIN UNDER JUDGMENT NO. 11-6157 ? 1. LEGAL DESCRIPTJOIV 113 ,40UT1-1 ENOLA DRIVE ALI, THOSE TWO CERTAIN tracts of land situate in Summordalc, East. Ponnsboro Township, Cumberland County, Pennsylvania, bounded and described according to it survey made by D. Y Raffensperger, Registered Surveyor, on March 6, 1962, as follows: TRACTNO I. BEGINNING at an iron pin on the West side of South Enola. Drive, said iron pin being located 97 feet South 3 degrees 45 minutes East of the,Southern side of West Highland Avenue and on the western edge of a concrete sidewalk and at the southeastern comer of property now or late of Frank Albert; thence by the Western side of South Enola Drive ,South 3 degrees 45 minutes East 45 feet to it point, the northeastern corner of Tract No. 2 hereinafter described; thence by Tract No. 2 hereinafter described South 83 degrees 55 minutes West, 125 feet to a point in line of land now, or late of Marvin 0. Buck, at ux; thence by lands now or late of Man in 0. Buck, at ux, North 3 degrees 45 minutes West, 45 feet to a point in line of land now or late of Newton L. Kapp; thence by lands now or late of Newton L. Kapp and Frank Albert North 83 degrees 55 minutes East, 125 feet to an iron pin on the West side of South Enola Drive, the place of BEGINNING. HAVING thereon erected a two story brick storeroom and apartment building known and numbered as 113 South Enola Drive, Summerdale, Pennsylvania. TRACT NO. 2. BEGINNING at a point on the West side of South Enola Drive said point being the southeastern corner of Tract No. 1 above described; thence by the West side of South Enola Drive South 3 degrees 45 minutes East, 10 feet to an iron pin, the Northeasterri comer of lands now or late of Frank De Benedetto; thence by lands now or late of Frank De Benedetto South 83 degrees 55 minutes West, 125 feet to aR iron pin in line of lands now or late of Marvin Buck, et ux; thence by lands now or late of Marvin 0. Buck, et ux, North 3 degrees 45 minutes West 10 feet to a point, the southwestern corner of Tract No. 1 above described; thence by Tract No. 1, North 83 degrees 55 minutes East, 125 feet to a point on the Western line of South Enola Drive, the place of BEGINNING, BEING THE SAME premises which Perry L. Smith and Tracy E. McLain, husband and wife, and Mark A. Simpson and Lisa D. Simpson, husband and wife, by their deed dated the 17th day of May, 2006, and to be recorded simultaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Percy L. Smith and Tracy E. McLain, husband and wife, TAX PARCEL 09-15-1291-111 . t. LEGAL DESCRD'TION 5 RADAM STREET ALL THOSE CEiCRTAIN lots or parcels of laud situate in East PennsboTo Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by'Whittock and Hartman, dated January 15, 1985, as follows, to wit; BEGINNING at a point on the DOYth side of Randam Street, at corner of Lot No. 9; thence along the northern side of Randam Street North 64 degrees 41 minutes 00 seconds West, a distance of 92.60 feet to an iron pin; thence continuing along Randam Street, Nortla 7 degrees 36 minutes 00 seconds West, a distance of 178,69 feet to a point on the south side of a 20 foot alley; thence along the south side of said alley, South 64 degrees 41 minutes'00 seconds East, a distance of 189.70 feet to an iron pin; thence along Lot No, 9 South 25 degrees 19 minutes 00 seconds West, a distance of 150,00 feet to an iron pin, the point and place of BEGINNING. BEING Lot No. 10, Lot No. 11, and Lot No. 12 on the Plan of Lots of George F. Moore, which plan is unrecorded. The foregoing description combines the legal description of Lots 10, 11 and 12. It also corrects the legal description for 11 and 12 which were erroneously described in prior deeds. BEING THE SAME premises which Perry L. Smith and Tracy E, McLain, husband and wife, and Mark A. Simpson and Lisa D. Simpson, husband and wife, by their deed dated the 17th day of May, 2006, and to be recorded simultaneously herewith, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Perry L. Smith and Tracy E. McLain, husband and wife, TAX PARCEL 09-13-1003-015 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~,,~;'a, ri ~ ., iarr;`i,t,Pr~t ~~~.~~'~1i' ~' ALL SFr -HE Fr"~.DT~-?C'NllTxF}, Jody S Smith Chief Deputy Richard W Stewart Solicitor ?~€10Ct 25 Alf I~: Zg Ct1MBERLkN~ COCJ~ri't' PENNSY~YA~lIA Manufacturers and Traders Trust Company Case Number vs. 2011-6157 Perry L Smith (et al.} SHERIFF'S RETURN OF SERVICE 06/18/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Perry L. Smith, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of York County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 06/18/2012 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of York County upon Tracy E. McLain, Spouse, who accepted for Perry L. Smith, at 1101 Oak Hill Road, Lewisberry, PA 17339. So Answers: Michael Donovan, Deputy, Sheriff. 06/18/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Tracy E. McLain, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of York County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 06/18/2012 The rE~quested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of York County upon Tracy E. McLain, personally, at1101 Oak Hill Road, Lewisberry, PA 17339. So Answers: Michael Donovan, Deputy Sheriff. 06!18/2012 10:51 AM -Property Sale Removed From 9/5/12 Sale, per written instruction from Attorney Eugene Pepinsky on 8/24/12, however 5 Radam Street, Summerdale, PA is still on for the 9/5!12 sale. 06/18/2012 12:14 PM -Deputy Amanda Cobaugh, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 5 Radam Street, Summerdale, PA 17093, Cumberland County. 08/29/2012 Property Sale Rerrroved From 9/5/12 Sale, for 113 South Enola Drive, Enola, PA 17025, per written instruction from Attorney Eugene Pepinsky on 8/24/12, however 5 Radam Street, Summerdale, PA is still on for the 9/5/12 sale. 09/06/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises, for 5 Radam Street, Summerdale, PA {Only) at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Eugene Pepinsky, on behalf of Manufacturers and Traders Trust Company, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST $912.17 SO ANSWERS, ~. October 23. 2012 RON R ANDERSON. SHERIFF ~, ~S ~,~,/- Co ~~ ~~y3 ~` ~.~zyas' ~ _ _ __ - __ • KEEPER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HF~RRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST CC>MPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v NO. 11-6157 CIVIL TERM PERRY L. SMITH and MORTGAGE FORECLOSURE TRACY E. MCLAIN Defendants AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by it:c attorneys, Keefer Wood Allen & Rahal, LLP sets forth as of the date the praecipe for the writ ot` execution was filed, the following information concerning the real property located at 113 South Enola Drive and 5 Radam Street. Summerdale, Cumberland County, Pennsylvania. 1. Name and address of the Owner(s) or Reputed Owner(s): PERRY L. SMITH and TRACY E. MCLAIN 1101 OAK HILL ROAD LEWISBERRY PA 17339 2. Name and address of C>efendant(s) in the Judgment, if different from that listed in (1) above: SAME. 3. Name and address of every judgment creditor whose ,judgment is a record lien on the real property to be sold. a. PLAINTIFF HEF~EIN b. VINCE PHILLIPS t/d/b/a PHILLIPS ASSOCIATES 800 N. THIRD STREET, STE. 401 HARRISBURG, PA 17102 AND JEFFREY A. ERNICO, ESQ. METTE EVANS & WOODSIDE 3401 N. FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 r c. GLAIR E. DANIELS d/b/a KEY PAINTING & DECORATING CO. '100 WEST SECOND STREET HUMMELST01/VN, PA 17036 AND ,JAMES W. ABRAHAM ESQ. ABRAHAM LAI~J OFFICES, LLC 45 E. MAIN STREET HUMMELSTOWN, PA 17036 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN. 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: CUMBELAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE; ROOM 106 CARLISLE, PA 17013 DEBBIE LUPOLD, TAX COLLECTOR EAST PENNSBORO TOWNSHIP 98 S. ENOLA DRIVE, ROOM 101 ENOLA, PA 17025 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. ____ .. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. KEEPER WOOD ALLEN & RAHAL, LLP ~, ~ ~~ Date: May 14, 2012 By: -~ C. ~ ~ Eugene E. Pepi y-'Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 CLJMBERLAND LAW JOURNAL Writ No. 2011-6157 Civil Term Manufacturers and Traders Trust Company vs. Perry L. Snuth Tracy E. McLain Atty.: Eugene E. Pepinsky, Jr. Manufacturers and. Traders Trust Company. Defendant: Perry L. Smithand Tracy E. McLain. Attorney for Plaintiff: Eugene E. Pepinsky, Jr., Esq. (717) 255-8051. Judgment Amount: $90,468.89. Street Address: 113 South Enola Drive Enola, Pennsylvania and 5 Radam Street, Summerdale, Penn- sylvania. Municipality/County/State: East Pennsboro Township, Cumberland County, Pennsylvania. Seized and sold as the property of Perry L. Smith and Tracy E. McLain under Judgment No. 11-6157. 93 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 27, August 3, anal August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication. are true. dam'-'\~ ,1 .. L' a Marie Coyne, Edi or SWORN TO AND SUBSCRIBED before me this ~.Thv of August, 2012 ~j ,i Notary NOTAf~IA~ SEAL OE80RAH A ~OLLIN~i No?ary P~~plic CARLISLE BOROUGH, Ct;M3ERLANO ~Cl~h ~,~ My Commission Expires Apr 28, 2G1q WRIT OF EXECUTION and/or ATTACHMENT CU'`~[~~IONVv';/ALTH OF PENNSYLVANIA) NO 1]-6157 iCivil COUIvTl~" OF CUMBERLAND) CIVIL ACTION - L.A1~' TO "I'HF: SHERIFF OF CUMBERLAND COUNTY: To ~atisfv the debt- interest and costs due iVIanufacturers and Traders Trust Company Plaintiff (s) Fror,~ Perry L. Smith and Tracy E. McLain (L i Y~~u are directed to levy upon the property of the defendant (s)and to sell see legal description . (- , You are also directed to attach the property of the defendant(s) not levied upon in the possession of G,~\RNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying; any debt to or for the account of the defendant (s) and from delivering any property of the defendant (sj or otherwise disposing thereof; (~) I;~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 garnis~ee and is enjoined as above statf:d. Amount DueS390.468.89 L.L. S.JO Interest Att~'s Comm °~o Due Prothy S2.2~ Attu Faid X222.25 Other Costs Plainrft Paid Date.°°: M.~Y 22.2012 (Beall REQUESTING PARTY: Marne :Eugene E. Pepinsly, Jr., Esq. Address: Keefer Wood Allen & Rahal, LLP 210 ~~alnut St., P. O. Box 11963 }iarrisburg, PA 17108-1963 Atturr?ev for: PLAINTIFF elep~~one: 717-253-8051 Supreme Court 1D'~o. 23702 I ~ __ ____ _ __ David D. Buell. Prothonotary Deputy ~11 May 2~~, ?U } ' the ~11cr~ ~ ~ ~~~ ~~c ~~~01~ ~ilc defendant's interest. ~rl t~~e w~:~~ })~~o~.)c~r~.a situ~~te~l ~~~ EastPennsboro ~i`~)~~%lls}~r~~~. ~.c~n~IL~cr~~~~~- ~~~~nt~, i'.<°~~ Known and numbel-ed as, ~ Katalr~ :street. Summerdale, mole }i~l}y cles:.rl~)c~c} cell i ~;x}ld~it "A" filed. wlt}l t}~IS r~%r"it a,lil~~ ~~~' tf~ls ~:'~f."ren~~° 111COrpOrated llertl i ~, Date; May ~ ~(;i ~ a ~~~; ,_d < i ~ pi r S _ ~ _: r ~; .. 'dlnator The':'atriot-News Co. 2020 Technology Pkwy quite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c211e ~lahiot-Neu~s NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,. respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 2011.6157 Gvll Tenn Mantrtacturers and Tradlers Trust Company vs _ _~ «~ Atty: Eugene E~nsky, Jr Manufacturers And Ttaders Trost Company Defendant: Perry I,. Smith And T}a~, E. Mclain Attorney For Plaintiff: Eugene E. Pepinsky,7i, Esq. (71'7) 25s-8051 Judgment Amount: $90,468.89 Street Address: 113 South Enola Drive Enola, Pennsylvania And s Radars Street, Summerdale, Pennsylvania Municipality/Counry/State: East Pennsboro lbwnship, Cumberland County, Pennsylvania Seized And Sold As The Property ()t' perry L. Smith And Ttacy E. Mclain Under Judgment No.11fi157 07/27!12 ~`_ - ~ ' Sworn to and~subscribed be~c ` _ 08/03/12 " _ 08/10!12 e is 7 days of August, 2012 A.D. -~ I ~~ t Notarv'~'ublic Y lIAN3:f, - ... is , n~_,~ ~ '~~,~a~:~ x ~'.^ ~ ~, ~7+LMU r~ r a t, ~ v m ~ _01 COMMONWEALTH Ok' PENNSYLV~~NIA COt!T?TY OF CUMBERLAND SS: I. ~Zobert_P. Ziegler, Recorder of Deeds in and for said County and State do here,~v certify that the Sheriff s Deed in which Manufacturers and Traders Trust Company is the grantee th.e same having been sold to said grantee on the 5th day of September A.D., 2012, under and by virtue of a writ Execution issued on the 22nd day of May, A.D., 2012, out of the Court of Common Pleas of said County as of Civil_'li,erm, 2011 Number 6157, at the suit of Manufacturers and Traders 'Trust C;ompanX against Perrti L. Smith and Trac~E. McLain is duly recorded as Instrument Number 2012331 ~7. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _~~~; ~ _ ___day of j A.D. _~_Q_.,~`~~_ ri ,~ r, . ;, ~ ~~ -_ ~~~~ recorder of Deeds Recorder deribeiiard Caunhr, Carlleb, PA My CAmm~ion Eames Ike Firs Mater of Jan. 2Dt4