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HomeMy WebLinkAbout11-6771IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, el .?? NO.: ??- 6`7 ?l T Plaintiff, vs. STAUB FINE FOODS, LLC, TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendant. TO: DEFENDANT(S) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ARED AGAINST YOU. ATTORNEY`WR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 32 E. Market Street Lewistown, PA 17044 AND THE DEFENDANT(S): 113 East'Pine Street Mount Holly Springs , PA 17065 ATTORNE R IFF P CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 113 East Pigp Stree.4-Nlhont Holly Springs, PA 17065 ATTORKEYWOR+I7CINTI FILED ON BEHALF OF: First National Bank of Pennsylvania, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 n 3 n ?r tV C:?Q r -) ? =c C a -rl Tr c 0 -4 ®rs C? X536 1-77 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, VS. STAUB FINE FOODS, LLC, Defendant. CIVIL DIVISION NO.. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, Plaintiff, VS. STAUB FINE FOODS, LLC, Defendant. NO.. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. NO.. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes First National Bank of Pennsylvania, by its attorneys, James, Smith, Durkin & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is First National Bank of Pennsylvania, which has its principal place of business at 32 E. Market Street, Lewistown, Pennsylvania 17044. 2. The Defendant, Staub Fine Foods, LLC, is a Pennsylvania limited liability company, with an address of 113 East Pine Street, Mount Holly Springs, Pennsylvania 17065. 3. On or about August 3, 2010, Defendant executed a Promissory Note ("Note") in favor of Plaintiff in the original principal amount of $306,400.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about August 3, 2010, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $306,400.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 17, 2010, as Instrument Number 201022701. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. Plaintiff was not required to send Defendant(s) written Notice pursuant to 35 P.S. § 1680.401(a)(2) (Homeowners' Emergency Mortgage Assistance Act of 1983, - Act 91 of 1983), prior to commencement of this action for the reason that the mortgaged premises is not an owner occupied residence. 8. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that the original principal balance of the aforesaid Mortgage is more than the original principal balance threshold of the Act, and therefore, said Mortgage is not a "residential mortgage" as defined in 41 P. S. §101. 9. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 299,173.52 Interest through 8/26/2011 $ 6,922.54 Additional Interest $ 185.00 Late Charges $ 613.92 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 308,604.98 plus interest on the principal sum ($299,173.52) from August 26, 2011, at the rate of $58.1726 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $308,604.98, with interest thereon at the rate of $58.1726 per diem from August 26, 2011 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES, Dated: BY: )4LNv A/ Scott A. i t rc c, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 & CONNELLY LLP THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" 111111 *09550 PROMISSORY NOTE References In the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Anv item above containina `** has been omitted due to text length limitations. Borrower: Staub Fine Foods LLC 113 East Pine Street Mount Holly Springs, PA 17065 Lender: First National Bank of Pennsylvania COMMERCIAL - CAPITAL ONE FNB Blvd Hermitage, PA 16148 Principal Amount: $306,400.00 Date of Note: August 3, 2010 PROMISE TO PAY. Staub Fine Foods LLC t"Borrower") promises to pay to First National Bank of Pennsylvania 1"tender"), or order, in lawful money of the United States of AmerIna, the principal amount of Three Hundred Six Thousand Four Hundred & 00/100 Dollars 16306,400.001, together with interest on the unpaid principal balms from August 3, 2010, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule, which calculates interest on the unpaid principal balances as described in the "INTEREST CALCULATION METHOD" paragraph using the interest rates described in this paragraph: 60 monthly consecutive principal and interest payments in the initial amount of 62,558.00 each, beginning September 1, 2010, with interest calculated on the unpaid principal balances using an initial interest rate of 7.000% per annum based on a yew of 360 days; and 149 monthly consecutive principal and Interest payments In the initial amount of $2,557.99 each. beginning September 1, 2015, with interest calculated on the unpaid principal balances using an interest rate based on the the "Prima Rate as published from time to time in The Well Street Journal, or any successor publication (currently 3.250%1, plus a margin of 3.750%, resulting In an initial Interest rate of 7.000% per annum based on a year of 360 days, Borrower's final payment will be due on January 1, 2028 and will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs: and then to any late charges. Borrower will pay Lender at Lender's address shown above or at such other piece as Lender may designate In writing. VARIABLE INTEREST RATE. For the first 60 payments, the interest rate on this loan will be 7.000%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the the "Prime Rate as published from time to time in The Wall Sulkat journal, or any successor publication !the n etc"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute Index attar notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each five (5) years. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 3.250% per annum. T 91?Mtast rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment' section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (81 increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 3651360 basis; that is, by applying the ratio of the interest rate over a year of 360 days. multiplied by the outstencrrg principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 8.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shelf be increased by adding an additional 4.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. After maturity, or after this Note would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Note. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable low, DEFAULT. Each of the following shell constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained In this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, PROMISSORY NOTE (Continued) Page 2 repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in Its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note Is impaired. Insecurity, Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default In payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (121 months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within fifteen 05) days; or (2) if the cure requires more than fifteen 1151 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note it Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, Including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This Includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts. FINANCIAL INFORMATION. The undersigned hereby agrees to prepare or cause to be prepared and to furnish financial statements and additional information, lists of assets and liabilities, aging lists of accounts receivable and payable, inventory schedules, budgets, forecasts, tax returns and other reports and documents with respect to the undersigned's financial condition and business operations and that of any guarantor or surety in form and substance as the holder hereof may request from time to time. INTEREST RATE AFTER DEFAULT. Upon the occurrence of an event of default as set forth herein the undersigned agrees that the interest rate shall be amended and increased to four percent (4%) per annum greater than the rate set forth above and shall continue to accrue at said default rate until the holder agrees and the underlying event of default has been cured by the undersigned or any defaulting party. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and Its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Borrower may notify Lender If Lender reports any inaccurate information about Borrower's accountis) to a consumer reporting agency. Borrower's written notice describing the specific inaccuracy(ies) should be sent to Lender at the following address: First National Bank of Pennsylvania Attn: Privacy Department 4140 East State Street Hermitage, PA 16148-3467. GENERAL PROVISIONS, If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note Is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note, CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (6500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A PROMISSORY NOTE (Continued) Page 3 HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE, BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: STAUB FI ODS LLC By: {Seat) tin J. Staub, Member of Staub Fine Foods LLC By: e?? [Seri) Kristen W .-Staub, M L of S --,Pub Fine Foods LLC IASEN%W b10?0. V- 5.62.10M% C.I. MMinlT v.•YI SpWn•, I. w. 199T. P010. Mp4hj WwW. •PA 0CMVA9 0cCrMfti02MFC U-55795N WSTFOMf EXHIBIT "B" Parcel Identification Number 23-32-2336-271 RECORDATION REQUESTED BY. First National Bank of Penns=i= COMMERCIAL - CAPITAL ONE FNB Blvd Hermitage, PA 16148 WHEN RECORDED MAIL TO First National Bank of Pennsylvania Technology Center/Loan Operations 4140 East State Street Hermitage, PA 16148 W 0/0 i0</!P3 0 111i11111111 001 X47 SEND TAX NOTICES TO. Staub Fine Foods LLC 113 East Pine Street Mount Holly Springs, PA 17485 ! I / '"T? #/?5W5WQ FOR RECORDER'S USE ONLY OPEN - END MORTGAGE AND SECURITY AGREEMENT THIS IS A PURCHASE MONEY {MORTGAGE (This Instrument is an open-end mortgage and secures future advances pursuant to 42 Pa C S § § 8143 and 8144, Act No 126 of 1990) MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid balances of advances and other extensions of credit, secured by the Mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises shelf not exceed at any one time $306,400.00 Amount Secured Hereby $306,40000 THIS MORTGAGE dated August 3, 2010, is made and executed between Staub Fine Foods LLC, whose address is 113 East Pine Street, Mount Holly Springs, PA 17065 (referred to below as "Grantor") and First National Bank of Pennsylvania, whose address is ONE FNB Blvd, Hermitage, PA 16148 (referred to below as "Lender"). GRANT OF MORTGAGE For valuable consideration, Grantor grants, bargains, sells, convoys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described foal property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures, all streets, lanes, alleys, passages, and ways, all easements, rights of way, all liberties, privileges, tenements, hereditements, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto, all water, water rights, watercourses and ditch rights )including stock in utilities with ditch or irrigation rights), and all other rights, royalties, and profits relating to the real property, including. without limitation all minerals, oil, as, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania. See Exhibit "A" attached, which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein The Real Property or its address is commonly known as 113 East Pine Street, Mount Holly Springs, PA 17065 The Real Property parcel identification number is 23-32-2336-271. CROSS -COLLATERALIZATION in addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or MORTGAGE (Continued) Page 2 any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND -PERSONAL PROPERTY;,fS GIVEN TO•SECUREAA)tPAYMENT OF THE INDESTEDNESS.AND_.(B) PERFORMANCE-OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF 8306,400 00, THE RELATED DOCUMENTS, AND THIS MORTGAGE THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS PURCHASE MONEY MORTGAGE if any of the debt secured by this Mortgage is tent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P S Section 8141 PAYMENT AND PERFORMANCE Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage POSSESSION AND MAINTENANCE OF THE PROPERTY Grantor agrees that Grantor's possession and use of the Property shall be governed by the following: provisions Possession and Use Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property, (2) use, operate or manage the Property, and (3) collect the Rents from the Property Duty to Maintain Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value Comphence With Environmental Laws Grantor represents and warrants to Lender that (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property, (2) Grantor has no knowledge of, or reason to behave that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters, and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property, and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws Grantor authorizes Lender and its agents to enter upon the Property to make such ' - -Environmental rN!-end"tests, at Gr nt$'r's ape e, as"Cende'r?tt`?jr dSe ppro tg"% date(rhine-compliance`of°t1lg- -^ '- "- Property with this section of the Mortgage Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person The representations and warranties contained herein are based on Grantor's due diligence to investigating the Property for Hazardous Substances Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnity, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise Nwsance, Waste Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, sod, gravel or rock products without Lender's prior written consent Removal of Improvements Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent As a condition to the removal of any Improvements, Lender may require MORTGAGE {Continued} Page 3 Grantor to make arrangements satisfactory to Lender to replace such improvements with Improvements of at least equal value Lender's Right to Enter Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage Compliance with Governmental Requirements Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lander in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest Duty to Protect Grantor agrees neither to abandon or leave unattended the Property Grantor shall do ell other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property DUE ON SALE - CONSENT BY LENDER Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior wntten consent, of all or any part of the Real Property, or any interest in the Real Property A "sale or transfer" means the conveyance of Real Property or any right, title or interest to the Real Property, whether legal, beneficial or equitable, whether voluntary or involuntary, whether by outright sale, deed, installment sale contract, lend contract, contract for deed, leasehotd interest with a term greater then three 131 years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law TAXES AND LIENS The following provisions relating to the taxes and liens on the Property are part of this Mortgage Payment Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shell pay when due all claims for work done on or for services rendered or material furnished to the Property Grantor shall maintain the Property free of any hens having priority over or equal to the interest of Lender under this Mortgage, except for those hens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph Right to Contest Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property its not jeopardized if a lien arises or is filed as a result of nonpayment, Grantor shell within fifteen f151 days after the hen arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or it requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the hen plus any costa and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings Evidence of Payment Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property Notice of Construction Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's ben, matenalmen's lien, or other lien could be asserted on account of the work, services, or materials Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements PROPERTY DAMAGE INSURANCE The following provisions relating to insuring the Property are a part of this Mortgage Maintenance of Insurance Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance MORTGAGE (Continued) Page 4 policies Additionally, Grantor shalt maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person The Reel Property is or will be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan - s.. + - - - _ - , Application of Proceeds Grantor shall promptly notify Lender of any loss or damage to the Property Lender may make proof of loss if Grantor fails to do so within fifteen (151 days of the casualty Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shell be applied to the principal balance of the Indebtedness If Lender folds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear Grantor's Report on Insurance Upon request of Lender, however not more than once a year, Grantor shalt furnish to Lender a report on each existing policy of insurance showing (1) the name of the insurer, (2) the risks insured, (3) the amount of the policy, (4) the property insured, the then current replacement value of such property, and the manner of determining that value, and 15) the expiration date of the policy Grantor shall, upon request of Lender, have an independent appraiser satisfeciory to Lender determine the cash value replacement cost of the Property LENDER'S EXPENDITURES If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor All such expenses will become a part of the indebtedness and, at Lender's option, will (A) be payable on demand, 18) be added to the balance of the Note and be apportioned among and be payable with any installment - - payments-to become due dung-either, (1) therterm.of-any.appiicaWe insf,irance posy, or (2) the rem_e1n(gg term of the Note, or (C) be treated as a balloon payment which will be due and payable at the Note's matdrity The Mortgage also will secure payment of these amounts Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment WARRANTY, DEFENSE OF TITLE The following provisions relating to ownership of the Property are a part of this Mortgage Title Grantor warrants that (a) Grantor holds good and marketable title of record to the Property in fee simple, free and dear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and delver this Mortgage to Lender Defense of Tide Subfect to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation MORTGAGE (Continued) Page 5 Compliance With Laws Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities Survival of Representations and Warranties All representations, warranties, and agreements made by Grantor in this Mortgage shell survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full CONDEMNATION The following provisions relating to condemnation proceedings are a part of this Mortgage Proceedings if any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation Application of Net Proceeds If all or any part of the property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORIT" The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage Current Taxes, Fees and Charges Upon request by Lender. Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's loan on the Real Property Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage Taxes The following shall constitute taxes to which this section applies 0) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage, (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage, (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note, and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor Subsequent Taxes If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the some effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander SECURITY AGREEMENT, FINANCING STATEMENTS The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage Security Agreement This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time Security Interest Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement Grantor shall reimburse Lander for all expenses Incurred in perfecting or continuing this security interest Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law Addresses The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage FURTHER ASSURANCES, ADDITIONAL AUTHORIZATIONS The following provisions relating to further assurances and additional authorizations are a part of this Mortgage Further Assurances At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices MORTGAGE (Continued) Page S and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender. be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security. interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor Unless prohibited bylaw or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph Additional Authorizations If Grantor fads to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and. at Grantor's expense For such purposes, Grantor hereby irrevocably.authonzes Lender to make, execute, deliver, hie, record and do all other thugs as may be necessary or desirable, id Lender's sole opinion, to-accomplish the matters referred to in the preceding paragraph it is understood that nothing set forth herein shelf require Lender to take any such actions FULL PERFORMANCE If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on foe evidencing Lender's security interest in the Rents and the Personal Property Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time EVENTS OF DEFAULT Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage Payment Default Grantor fails to make any payment when due under the Indebtedness Default on Other Payments Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien Other Defaults Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor Default in Favor of Third Parities Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or. Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents False Statements Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading to any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter Defective Coilatealuation This Mortgage or any of the Related Documents ceases to be in full force and effect {including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason Death or Insolvency The dissolution of Grantor's (regardless of whether election to continue is made), any member withdraws from ttte=hmitedeltability-company; or'any other termunation of-Grantor's existence as a going z business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor Creditor or Forfeiture Proceedings Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the indebtedness This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sofa discretion, as being an adequate reserve or bond for the dispute Breach of Other Agreement Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later Events Affeebng Guarantor Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness Adverse Change A material adverse change occurs in Grantor's financial condition, or Lender believes the MORTGAGE (Continued) Page 7 prospect of payment or performance of the Indebtedness is impaired Insecurity Lender in good faith believes itself insecure Right to Cure It any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve 02) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default (1) curve the default within fifteen (15) days, or 121 if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical RIGHTS AND REMEDIES ON DEFAULT Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law Accelerate Indebtedness Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable UCC Remedies With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code Collect Rents Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the sanm and collect the proceeds Payments by tenants or other users to Lander in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver Appoint Receiver Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness The receiver may serve without bond if permitted by law Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the indebtedness by a substantial amount Employment by Lender shall not disqualify a person from serving as a receiver Judicial Foreclosure Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property Possession of the Property For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender end all persons claiming under or through Lander, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant, and thereupon a writ of possession may be issued forthwith, without any prior wnt or proceeding whatsoever Nonjudicial Sale if permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-jvdicial sale Deficiency Judgment Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to *Lender after application of all amounts received from the exercise of the rights provided in this section Tenancy at Sufferance If Grantor remains in possession of the Property after the Property to sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shell, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender Other Remedies Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity Sale of the Property To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled In exercising its rights and remedies, Lender shall be free to setl all or any part of the Property together or separately, in one sale or by separate sales Lender shall be entitled to bid at any public sale on all or any portion of the Property MORTGAGE (Continued) Page 8 Notice of Sale Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made Unless otherwise required by applicable law, reasonable notice shall mean nonce given at least len (10) days before the time of the sale or disposition Any sale of the Personal Property may be made in conjunction with any sale of the Real Property Electron of Remedies Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies Nothing under this Mortgage or otherwise shag be construed so as to limit of restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other'collateral directly or indirectlylecunrg the indebtedness Attorneys' Fees, Expenses If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys fees at trial and upon any appeal Whether or not any court scion is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law. Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law Grantor also will pay any court costs, in addition to all other sums provided bylaw NOTICES Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mad, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa C S A Section 8143, at seq , shall be sent to Lender's address, as shown near the beginning of this Mortgage Any party may change Its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address Unless otherwise provided by applicable law, if there is more then one Grantor, any notice given by Lender to any Grantor,is deemed to be notice given to all Grantors ADVANCE MONEY MORTGAGE (A) This Mortgage secures future advances made pursuant to the Note or Related Documents Without limiting the foregoing, this Mortgage secures all advances made by Lender or Banks of any kind or nature described in 42 Pe C S A § $144 (B) It Grantor sands a written notice to Lender which purports to limit the indebtedness secured by this Mortgage and to release the obligation of Lender to make any additional advances to or for the benefit of Grantor, such a notice shall be ineffective as to any future advances made (1) to enable completion of ttie improvements on the Real Property-for which-the loan securedwhe'reby was originally made,,(?) to-pay taxes, assessments, maintenance charges and insurance premiums, (3) for costs incurred for the protection of the Property or the lien of this Mortgage, (4j on account of expenses incurred by Lender by reason of a default of Grantor hereunder or under the Related Documents or under the Note, and (5) on account of any other costs incurred by Lender to protect and preserve the Property or the lien of this Mortgage It is the intention of the parties hereto that any such advance made by Lender after any such notice by Grantor shall be secured by the lien of this Mortgage on the Property MISCELLANEOUS PROVISIONS The following miscellaneous provisions are a part of this Mortgage Amendments This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage No alteration of or amendment to this Mortgage shag be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment Annual Reports If the Property is used for purposes other than Grantor's residence, Grantor shall fumish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require 'Net operating income' shell mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property Caption Headings Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage Governing Law This Mortgage will be governed by federal law applicable to Lender and, to the extent not MORTGAGE (Continued) Page 9 preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of taw provisions This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania Choice of Venue If there is a lawsuit, Grantor agrees upon Lender's request to submit to the )unsdiction of the courts of Cumberland County, Commonwealth of Pennsylvania No Waiver by Lender Lander shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lander in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender Severebiltty, if a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage Unless otherwise required by law, the illegality, invalidity, or unenforceabilay of any provision of this Mortgage shalt not affect the legality, validity or enforceability of any other provision of this Mortgage Merger There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender Successor Interests The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shelf be enforceable by Lender and its successors and assigns Time is of the Essence Time is of the essence in the performance of this Mortgage Waive Jury All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party DEFINITIONS The following capitalized words and terms shall have the following meanings when used in this Mortgage Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code Borrower The word "Borrower' means Staub Fine Foods LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns Default The word "Default" means the Default set forth in this Mortgage in the section titled "Default" Environmental Laws The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as emended, 42 U S C Section 9601, at seq t"CERCLA"l, the Superfund Amendments and Reauthorization Act of 1986, Pub L No 99-499 I"SARA"), the Hazardous Materials Transportation Act, 49 U S C Section 1801, at seq , the Resource Conservation and Recovery Act, 42 U S C Section 6901, at seq , or other applicable state or federal laws, rules, or regulations adopted pursuant thereto Event of Default The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage Grantor The word "Grantor" means Staub Fine Foods LLC Guarantor The word "Guarantor" means any guarantor, surety, or accommodation parry of any or all of the Indebtedness Guaranty The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note Hazardous Substances The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed MORTGAGE (Continued) Page 10 under the Environmental Laws The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos improvements The word "Improvements' means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property Indebtedness The word "Indebtedness" means and includes any and all of Grantor's liabilities, obligations, debts, and indebtedness to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, future advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Grantor, or any of them, and any present or future judgments against Grantor, of any of them, end whether any such indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidsted, determined or undetermined, whether Grantor may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety, whether recovery on the indebtedness may be or may become barred or unenforceable against Grantor for any reason whatsoever, and whether the indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultre vires or otherwise ' Lender The word "Lender" means First National Bank of Pennsylvania, its successors and assigns Mortgage The word "Mortgage" means this Mortgage between Grantor and Lender Note The word "Note" means the promissory note dated August 3, 2010, in the original principal amount of $306,400 00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement NOTICE TO GRANTOR THE NOTE CONTAINS A VARIABLE INTEREST RATE Personal Property The words "Personal Property" man ail equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property, together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property, and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property Property The word "Property" means collectively the Real Property and the Personal Property Real Property The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage Related Documents The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness Rents The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property MORTGAGE (Continued) Page 11 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW GRANTOR //JJ STAUB FINJOODS LLC BY By - seal) Krlst Staub, m of Staub Fine Foods LL Signed, ack lodged an bvered in the presence of X_-s?_ j i Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, First National Bank of Pennsylvania, herein is as follows COMMERCIAL - CAPITAL, ONE FNB OW, Hermitage. PA 16148 Attorney or Agent for Mortgagee MORTGAGE (Continued) Page 12 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT COMMONW H OF PENNSYLVANIA I )SS COUNTY OF 1 t , the ?? day of 20 before me the undersign Notary blic, personally appea Justin J Staub, Member of taub Rine Fo L no lodged lrmself or herself t e the member or designated agent of Staub Fine Foods L , a Limited Liability Company, and that he or she as such a member or designated agent, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Limited Liability Company by himself or herself as a member or designated agent ,,-) '\ j In witness whereof, I hereunto set my hand and official NOTARIAL SEAL ROM L. MURRAY. Notary PaNe Notary Cartwle Bore. ? Covoy, PA My C4mmmigis Exptrss Do& 13, 2013 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT OF PENNSYLVANIA I SS COUNTY OF I On this the day of , 20, before me undersigned Note ic, personally appeared Kristen M Staub, Member S b s LIZ, w ackn dged himself or horse i to be the member or designated agent of Staub Fine Foods LC, a Limited Liability Com ny, and that he or she as such a member or designated agent, being authorized to do so, executed the foregoing cost ment for the purposes therein contained by signing the name of the Limited Liability Company by himself or herself as a member or designated agen In witness whereof, I hereunto set my heard and ofhceai - s , n \ NOTARIAL SEAL RENEW I.. MURRAY. Noteey Pab110 Notary Public in and forte tate of Carhsfa Bolo, Cumberland County. PA My Comintsston Bxpu" Dee 13, 2013 LASER PRO Lending, Ver 5 52 10 001 Copt Harland Financial Solutions, Inc 1997, 2010 All Rights Reserved - PA I \CFI\MN95\CFIkLPL1603 FC TR-557653e PR-STROPRTI ALL that certain tract of land situate in the Borough of Mt Holly Springs, Cumberland County Pennsylvania, more fully set forth on Exhibit "A' and bounded and described as follows to wit BEGINNING on the eastern side of a ten (10) foot wide easement forongress and egress, which point is on the nght of way line of East Pine Street. thence nar1h26 degrees 30 minutes 00 seconds east one hundred eighty (980) feet to a point on an unopened forty (40) foot street (unnamed), thence south 63 degrees 30 minutes 00 seconds east one hundred twenty (120) feet to a point in said unopened forty (40) foo-tistreet, thence coptmuing along the lands now or formerly of Ohio Blenders, Inc , so uih 26 degrees 30 fmnutes 00 seconds west one hundred eighty (180) feet to a point in the right of way of East Pine Street, thence continuing along the right of way of East Pine Street north 63 degrees 30 minutes 00 seconds west one hundred twenty (120) feet to the place of BEGINNING HAVING thereon erected a frame and masonry two and one-half (2-112) story building, with an attached one (1) story building known and numbered as 113 East Pine Street, together with right, title and interest of the Grantor in that certain Right of Way Agreement dated May 16, 1970, as recorded to the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 190, Page 153 BEING the same premises which Antonio Concepcion, 11 and Karen A Concepcion, husband and wife, by deed dated 1/27/04 and recorded 1/29104 in Cumberland County Deed Book 261, Page 2255, granted and conveyed unto Allan W'Stacthouse, Grantor herein ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, IPA 17013 717-2410-6370 Instrument Number - 201022701 Recorded On 8/17/2010 At 3:49:26 PM * Instrument Type - MORTGAGE Invoice Number - 71039 User ID - KW * Mortgagor - STAUB FINE FOODS LLC * Mortgagee - FIRST NATIONAL BK OF PA * Customer - ABSTRACT CO * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $29.50 RECORDER OF DEEDS PARCXL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11 50 COUNTY ARCHIVES FEE $2 00 ROD ARCHIVES FEE $3.00 TOTAL PAID $80.00 * Total Pages -14 Certification ]Paige DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ? ?,re4rA'/° RECORDER OF DAD * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page 1111111111111111 VERIFICATION I, Raymond G. Metz, Special Assets Officer for First National Bank, depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. R ymo d G. etz SHERIFF'S OFFICE OF CUMBERLAND COUNTY; Ronny R Anderson Sheriff ?itr of Citrrlb, t P Jody S Smith Chief Deputy t " "'? `?M?y" Richard W Stewart FFit E ? r THE _uGPll i° i SOIICItOr First National Bank of Pennsylvania Case Number vs. 2011-6771 Staub Fine Foods, LLC SHERIFF'S RETURN OF SERVICE 09/22/2011 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: Staub Fine Foods, LLC, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Staub Fine Foods, LLC. Request for service at 113 E. Pine Street, Mount Holly Springs, Pennsylvania 17065 is vacant. Additonally, request for service at 441 Pine Grove Road, Gardners, Pennsylvania 17324 is also vacant. The Gardners Postmaster has advised Kristin Staub's new address is 182 Topaz Drive, Chambersburg, Pennsylvania 17202, and Justin Staub's new address is 2 Oakview Road, Apartment 2, Asheville, North Carolina 28803. SHERIFF COST: $51.00 September 22, 2011 SO ANSWERS, RON y R ANDERSON, SHERIFF C'moiysuite shentt. 7e. os `t. Ire. ' f ll 4 D?Q I ii IN THE COURT OF COMMON PLEAS OF'r ;?? T ?? CUMBERLAND COUNTY, PENNSYLVANI , I I or 14 AM If: 4' 2 FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, VS. STAUB FINE FOODS, LLC, Defendant. CIVIL DIVISION ?C,UMSERLAND COUP T7 " PENNSYLVANIA NO.: 11-6771 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. Dated: I U I Respectfully spbtpitted, JAMES, & CONNELLY LLP BY: Scott A. Die eri squire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 w{ a 10.cr'('a d Gc'4- °L 137 V*a659` Y s ? f+.T ' CC7:3 IN THE COURT OF COMMON PLEAS OF Fri " = CUMBERLAND COUNTY PENNSYLVANIA -? o ` FIRST NATIONAL BANK OF CIVIL DIVISION ==t -" PENNSYLVANIA, _ - ? NO.: 11-6771 CIVIL TERM _ = Plaintiff, ISSUE NO.: vs. TYPE OF PLEADING: STAUB FINE FOODS, LLC, AFFIDAVIT OF SERVICE OF Defendant. COMPLAINT PURSUANT TO Pa.R.C.P., 404 CODE: FILED ON BEHALF OF: First National Bank of Pennsylvania, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA I.D. # 55650 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, Plaintiff, VS. STAUB FINE FOODS, LLC, Defendant. NO.: 11-6771 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO Pa.R.C.P 404 I, Scott A. Dietterick, Esquire, attorney for Plaintiff, First National Bank of Pennsylvania, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Complaint in Mortgage Foreclosure on Defendant pursuant to Pa.R.C.P. 404 as follows: 1. Defendant, Staub Fine Foods, LLC, is the record owner of the real property. 2. On or about October 18, 2011, the counsel for Plaintiff served Defendant, Staub Fine Foods, LLC c/o Justin Staub, with a true and correct copy of Plaintiff s Complaint in Mortgage Foreclosure, via Certified Mail, Return Receipt Requested to 2 Oakview Road, Apt 2, Asheville, North Carolina 28803. A true and correct copy of said Certified Mail Receipt and Return Receipt is marked Exhibit "A", attached hereto and made a part hereof. Plaintiff s counsel hereby certifies that Defendant, Staub Fine Foods, LLC, was served with Plaintiff s Complaint in Mortgage Foreclosure in accordance with Rule of Civil Procedure 404, regarding service outside the Commonwealth. Respectfully Submitted: JAMES, SI H, DIETTkRICK & CONNELL LP /A By: :, Esquire 50 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this 9th day of November, 2011. ( I ?AZSt)6-t L 5 Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 EXHIBIT "A" U.S. Postal Service CERTIFIED MAIL- RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com„ rl! t? S C3 ??? ostage O Certified Fee r-q O Return Receipt Fee C3 (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) Lrl r-q Total Postage & Fees r-9 C . ,< r--1 r-q O r1-- I ¦ Complete Items 1, 2, and 3. Also complete t item 4 N Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed tom: Crib F I o-t. foca s Lll- GIt? Jo-"o ?S+ck-k?b ure ? Agent by (Printed Name) I C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address_ below: ? No 3rvice Type t, 1 fQ2! Certified M Registered for Merchandise ? Insured Mail W 1-n 4. Restricted Delivery? (Extra Fee) p Yes 2. Article Number 7 011 1150 0001 0442 6 610 (transfer from service Isbell PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, VS. STAUB FINE FOODS, LLC, Defendant. I Herebt certify that the last known address CIVIL DIVISION No.: 11-6771 CIVIL TERM ISSUE NUMBER: TYPE OF PLEADING: c a , --, z C x - :) r ? C) per, n-n .r CDC) N -- a PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: First National Bank of Pennsylvania, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: 2 Justin Stauy 2 Oak -Jew Ro Roid, Apt v?le, C 28803 Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ? y 00 c???Cr9 ,a it X676, Noq IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, VS. STAUB FINE FOODS, LLC; Defendant. CIVIL DIVISION NO.: 11-6771 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Staub Fine Foods, LLC, in the amount of $314,338.08 which is itemized as follows: Principal $ 299,173.52 Interest through 11-22-2011 $ 12,041.72 Additional Interest $ 185.00 Late Charges $ 1,227.84 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 314,338.08 plus interest on the principal sum ($299,173.52) from November 22, 2011, at the rate of $58.1726 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES K Y By: v Scott A. Die ' c, Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evif oced by\the attached copies. Scott 4. Dietterick, Esquire Sworn to and subscribed before me this 22nd day of November, 2011. Notary Public My Commission Expires: OTARIAL SEAL TINE L SPURLOCK Notary Public UNTY N BORO, DAUPHIN CO FHUMME ion Expires Jun 23, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO.: 11-6771 CIVIL TERM Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: STAUB FINE FOODS, LLC ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on -10ll ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $314,338.08 plus interest on the principal sum ($299,173.52) from November 22, 2011, at the rate of $28.1726 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. P??i?v+ y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, VS. STAUB FINE FOODS, LLC, Defendant. TO: Staub Fine Foods, LLC c/o Justin Staub 2 Oakview Road, Apt 2 Asheville, NC 28803 CIVIL DIVISION NO.: 11-6771 CIVIL TERM IMPORTANT NOTICE DATE OF NOTICE: November 9, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. CIVIL DIVISION NO.: 11-6771 CIVIL TERM STAUB FINE FOODS, LLC, Defendant. AVISO IMPORTANTE A. Staub Fine Foods, LLC c/o Justin Staub FECHA DEL AVISO: November 9, 2011 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 p JAMES S DATE: November 9, 2011 FIRST CLASS U.S. MAIL, POSTAGE PREPAID CONNELLY LLP 'SNft- -Diclfe-rick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. STAUB FINE FOODS, LLC, CIVIL DIVISION ` `k= ZI NO.: 11-6771 CIVIL TERM _ ISSUE NO : ? C= . r . .. TYPE OF PLEADING: AFFIDAVIT OF SERVICE OF Defendant. COMPLAINT PURSUANT TO Pa.R.C.P., 404 CODE: FILED ON BEHALF OF: First National Bank of Pennsylvania, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA I.D. # 55650 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO.: 11-6771 CIVIL TERM Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO Pa.R.C.P 404 I, Scott A. Dietterick, Esquire, attorney for Plaintiff, First National Bank of Pennsylvania, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiffs Complaint in Mortgage Foreclosure on Defendant pursuant to Pa.R.C.P. 404 as follows: 1. Defendant, Staub Fine Foods, LLC, is the record owner of the real property. 2. On or about October 18, 2011, the counsel for Plaintiff served Defendant, Staub Fine Foods, LLC c/o Justin Staub, with a true and correct copy of Plaintiff s Complaint in Mortgage Foreclosure, via Certified Mail, Return Receipt Requested to 2 Oakview Road, Apt 2, Asheville, North Carolina 28803. A true and correct copy of said Certified Mail Receipt and Return Receipt is marked Exhibit "A", attached hereto and made a part hereof. 3. Plaintiff's counsel hereby certifies that Defendant, Staub Fine Foods, LLC, was served with Plaintiff's Complaint in Mortgage Foreclosure in accordance with Rule of Civil Procedure 404, regarding service outside the Commonwealth. Respectfully Submitted: JAMES, SI H, DIFfTTTRICK & CONNELL LP /A 1 By: A, Esquire 5650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this 9th day of November, 2011. CAI A,`??) 6-t L . ?Sn-,.,J? Notary Public MY COMMISSION EXPIRES: ----NOTARIAL SEAL CHRISTINE L SpURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 EXHIBIT "A" i A r c F- 7 I D` MAIL ,: REC EIPT - ;M ail `Only ; Nn Ins urance L bverege Provided) I ? in formatio visitto n ur website a twwwAmps.comy . T Postage O certified Fee r? Return Receipt Fee (Endorsement Required) O Restricted Delivery Fee Q (Endorsement Required) Ln r-3 'rotat Postage & Fees r-q C. . e r:l 17-9 0 t~ ¦ Uomplete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed two: A. ? Signature..:' 0 Agent 0 Addressee 8' Repeivfd by f(PH'7ed Name) C. Date of Delivery 1- vn t D. Is delivery address different from item 17 0 Yes If YES, enter delivery address below: 0 No vin 3. Service Type, 6 Certified M S Express a Registered flb t.for Merchandise ? Insured Mail lac (1 4. Restricted Delivery? (Extra Fee) 0 Yes z. (Transfer f from from service label) 7011 1150 0001 0442 6610 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1W WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6771 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST NATIONAL BANK OF PENNSYLVANIA Plaintiff (s) From STAUB FINE FOODS, LLC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$314,338.08 L.L. $.50 Interest FROM 11-23-2011 TO DATE OF SALE - $16,521.01 Atty's Comm % Due Prothy $2.00 Atty Paid $230.50 Plaintiff Paid Date: NOVEMBER 22, 2011 Other Costs: (Seal) Deputy REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES, SMITH, DIETERICK & CONNELLY, LLP, PO BOX 650, HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 IN THE OOURT OF aNMON PLEAS OF CiIr1 MAND COUNTY, PMEMANIA First National Bank of CIVIL DIVISION Pennsylvania : File No. 11-6771 Civil Term (Plaintiff) : Amount Due $ 314,338.08 V Interest from 11-23-2011 to $ 16,521.01 Staub Fine Foods, LLC date of gale Atty's Comm (Defendant(s) Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR E)gDL ION Issue writ of execution in the above mutter to the Sheriff of Cumberlandr-) County, for debt, interest and costs upon the following described property ofot defendant(s) rn w -n See Exhibit "A" attached. ,? rT N) __01z --,thy < O sa. s -r, r-x 4= tz PRAECIPE FOR ATTACHMENT EXD=CN . Co"h Co Issue writ of attachment to the Sheriff of County, for det§t, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) real estate of the defendant(s) described in the attached e &dt DATE: November 22, 2011 167 s 9?. 00 Cvs`?? ?? $ 3-7,() s SO ? Signature: Print Name: pendens against Address: James Smith Dietterick & Connelly LLP P O Box 650, Hershey PA 17033 Attorney for: Telephone: Plaintiff (717) 533-3280 Supreme Court ID No.: 55650 Lam, s SVu e /, L LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more fully set forth on Exhibit "A" and bounded and described as follows to wit: BEGINNING on the eastern side of a ten (10) foot wide easement for ingress and egress, which point is on the right of way line of East Pine Street, thence north 26 degrees 30 minutes 00 seconds east one hundred eighty (180) feet to a point on an unopened forty (40) foot street (unnamed), thence south 63 degrees 30 minutes 00 seconds east one hundred twenty (120) feet to a point in said unopened forty (40) foot street, thence continuing along the lands now or formerly of Ohio Blenders, Inc. south 26 degrees 30 minutes 00 seconds west one hundred eighty (180) feet to a point in the right of way of East Pine Street, thence continuing along the right of way of East Pine Street north 63 degrees 30 minutes 00 seconds west one hundred twenty (120) feet to the place of BEGINNING. HAVING thereon erected a frame and masonry two and one-half (2-1/2) story building, with an attached one (1) story building known and numbered as 113 East Pine Street, together with right, title and interest of the Grantor in that certain Right of Way Agreement dated May 16, 1970, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 190, Page 153. BEING the same premises which Allan W. Stackhouse, Married, by Deed dated August 2, 2010 and recorded on August 17, 2010 in and for Cumberland County, as Instrument Number 201022700, granted and conveyed unto Staub Fine Foods, LLC. Parcel No. 23-32-2336-271 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. CIVIL DIVISION NO.: 11-6771 CIVIL TERM r-n wrn o r C -um :;0 BC D N CD r "3G 3 x ? r=x C) -' -{ no AFFIDAVIT PURSUANT TO RULE 3129.1 First National Bank of Pennsylvania, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 113 East Pine Street, Mount Holly Springs, Pennsylvania 17065: 1. Name and Address of Owner(s) or Reputed Owner(s): STAUB FINE FOODS, LLC c/o Justin Staub 2 Oakview Road, Apt 2 Asheville, NC 28803 2. Name and Address of Defendant(s) in the Judgment: STAUB FINE FOODS, LLC c/o Justin Staub 2 Oakview Road, Apt 2 Asheville, NC 28803 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: FIRST NATIONAL BANK OF Plaintiff PENNSYLVANIA 4. Name and Address of the last record holder of every mortgage of record: FIRST NATIONAL BANK OF Plaintiff PENNSYLVANIA CUMBERLAND AREA ECONOMIC DEVELOPMENT CORP. 401 E. Louther Street, Suite 209 Carlisle, PA 17013 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX Cumberland County Courthouse CLAIM BUREAU One Courthouse Square Carlisle, PA 17013 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: DEPARTMENT OF REVENUE Bureau of Corporation Taxes P.O. Box 280427 Harrisburg, PA 17128-0427 DEPARTMENT OF REVENUE PA DEPARTMENT OF LABOR & INDUSTRY CURRENT OCCUPANTS - TENANTS Bureau of Business Trust Fund Taxes P.O. Box 280905 Harrisburg, PA 17128-0905 Office of Unemployment Compensation 651 Boas Street, Room 1700 Harrisburg, PA 17121 113 East Pine Street Mount Holly Springs, PA 17065 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: 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. §4904 relating to unsworn falsification to authorities. JAMES, SMIT , D & CONNELL LIA DATED: BY: Scott sett ck, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 f % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. CIVIL DIVISION NO.: 11-6771 CIVIL TERM c mm ern =;v C,r-- r- M 0 Z7- r- NOTICE OF SHERIFF'S SALE x' OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Staub Fine Foods, LLC c/o Justin Staub 2 Oakview Road, Apt 2 Asheville, NC 28803 TAKE NOTICE: Yom) C= c? N N a 3 N co That the Sheriff s Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 7, 2012, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 113 East Pine Street CYO rn -- :v M c:i O ---1 C) c?-n c) -Y, Mount Holly Springs, Pennsylvania 17065 Cumberland County 0% The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 11-6771 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Staub Fine Foods, LLC A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff s Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland 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 specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, D(TT7ERICV, & CONNELLY LLP DATED: 11 "?` BY: Scd`tV.1ettp04-1k, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED t LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more fully set forth on Exhibit "A" and bounded and described as follows to wit: BEGINNING on the eastern side of a ten (10) foot wide easement for ingress and egress, which point is on the right of way line of East Pine Street, thence north 26 degrees 30 minutes 00 seconds east one hundred eighty (180) feet to a point on an unopened forty (40) foot street (unnamed), thence south 63 degrees 30 minutes 00 seconds east one hundred twenty (120) feet to a point in said unopened forty (40) foot street, thence continuing along the lands now or formerly of Ohio Blenders, Inc. south 26 degrees 30 minutes 00 seconds west one hundred eighty (180) feet to a point in the right of way of East Pine Street, thence continuing along the right of way of East Pine Street north 63 degrees 30 minutes 00 seconds west one hundred twenty (120) feet to the place of BEGINNING. HAVING thereon erected a frame and masonry two and one-half (2-1/2) story building, with an attached one (1) story building known and numbered as 113 East Pine Street, together with right, title and interest of the Grantor in that certain Right of Way Agreement dated May 16, 1970, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 190, Page 153. BEING the same premises which Allan W. Stackliouse, Married, by Deed dated August 2, 2010 and recorded on August 17, 2010 in and for Cumberland County, as Instrument Number 201022700, granted and conveyed unto Staub Fine Foods, LLC. Parcel No. 23-32-2336-271 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, Plaintiff, vs. STAUB FINE= FOODS, LLC, Defendant. NO.: I 1-67 1 CIVIL TERM ISSUE NO.: TYPE OF PLEADING: _nFF;" » yt?ir# ?• L3 L fl-rNi'S'YLVANIA Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF : First National Bank of Pennsylvania, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, Plaintiff, VS. STAUB FINE FOODS, LLC, Defendant. NO.: 11-6771 CIVIL TERM Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for First National Bank of Pennsylvania, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: Defendant, Staub Fine Foods, LLC, is the record owner of the real property. 2. On or about January 2, 2012, Defendant, Staub Fine Foods, LLC, was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, via Certified Mail - Return Receipt Requested, c/o Justin Staub at the address of 2 Oakview Road, Apt 2, Asheville, North Carolina 28803. A true and correct copy of the Notice and Certified Mail Receipts are marked Exhibit "A", attached hereto and made a part hereof 3. On or about January 10, 2012, Plaintiff's counsei served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and r correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof Finally, the undersigned deposes and says that Defendant/Owner and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAM Dated: 1/25/2012 BY: ?ONNELLY LLP Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this 25th day of January, 2012. Lo c Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL :HRISTINE L SPURLOCK Notary Public HUMMELz,TOWN BORO, DAUPHIN COUNTY My Comm°ssion Expires Jun 23, 2012 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 1111, at Cwljj(rrr, First National Bank of Pennsylvania vs Case Number . Staub Fine Foods, LLC 2011-6771 SHERIFF'S RETURN OF SERVICE 12/29/2011 04:19 PM - Deputy Shawn Gutshall; being duly sworn according to aw, 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 113 East Pine Street, Mt Holly Springs, Cumberland County, PA 17065. 01/02/2012 Sheriff Ronny R Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: StauL Fine Foods, LLC at c/o Justin Staub, 2 Oakview Road, Apt 2, Asheville, NC 28803. The return receipt carc was signed by J. Staub on January 2, 2012 and returned to the Cumberland County Sheriff's Office. SHERIFF COST: 5905.28 January 19, 2012 ;3O ANSWERS, RONfJY R ANDERSON, SHERIFF ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. X B. Received by (Printed Name) C. Date of Delivery V' sTA u G. - 3 • /Z D. is delivery address different from Rem 1? ? Yes If YES, enter del" address below: ? No Staub Fine Foods, LLC c/o Justin Staub 2 Oakview Road, Apt 2 3 service TjTe Asheville, NC 28803 I%CerMedMail ? Express Mail n ? Registered ? Retum Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7006 0810 0000 7881 9926 PS Form 3811, February 2004 Domestic Return Receipt 102e95-024A-1540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO.: '11-6771 CIVIL TERM Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Staub Fine Foods, LLC c/o Justin Staub 2 Oakview Road, Apt 2 Asheville. NC 28803 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 7, 2012, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 113 East Pine Street Mount Holly Springs, Pennsylvania 17065 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 11-6771 Civil Term THIE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Staub Fine Foods, LLC A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) day, after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff s Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland 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 specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square. 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DATED:. BY: & CONNELLY LLP Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED Pa. I.D. #55650 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more fully set forth on Exhibit "A" and bounded and described as follows to wit: BEGINNING on the eastern side of a ten (10) foot wide easement for ingress and egress, which point is on the right of way line of East Pine Street, thence north 26 degrees 30 minutes 00 seconds east one hundred eighty (180) feet to a point on an unopened forty (40) foot street (unnamed), thence south 63 degrees 30 minutes 00 seconds east one hundred twenty (120) feet to a point in said unopened forty (40) foot street, thence continuing, along the lands now or formerly of Ohio Blenders, Inc. south 26 degrees 30 minutes 00 seconds west one hundred eighty (180) feet to a point in the right of way of East Pine Street, thence continuing along the right of way of East Pine Street north 63 degrees >0 minutes 00 seconds west one hundred twenty (120) feet to the place of BEG?NN-IN G. RAVING thereon erected a frame and masonry two and one-half (2-1/2) story building, with an attached one (1) story building known and numbered as 113 East Pine Street, together with right, title and interest of the Grantor in that certain Right of Way Agreement dated May 16, 1970, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 190, Page 153. BEING the same premises which Allan W. Stackhouse, Married, by Deed dated August 2, 2010 and recorded on August 17, 2010 in and for Cumberland County, as Instrument Number 201022700, granted and conveyed unto S;aub Fine Foods, LLC. Parcel No. 23-32-2336-271 Exhibit "A" EXHIBIT "B" ? o l V > O 2 m s 'h ?Im? zy m ?, z ° > C ? r J C" r o O O rb M O LA x v , -2t 77? A UNITED STATES POSTALSERVICEm r Certificate Of Mailing "'aq, ammo= c. w ask JAMES, SMITH, DIETTERICK & n CONNELLY LLP --' ?a ATTN: CHRIS SPURLOCK P.O. BOX 650 --'; HERSHEY, PA 17033 Lt A PS Form 3817, April 200' 'SN 7530-02-000-9065 1 UNITED STATES POSTALSERVICE m Certificate Of Mailing JAMES, SMITH, DIETTERICK & CONNELLY LLP ATTN: CHRIS SPURLOCK t .- P.O. BOX 650 HERSHEY, PA 17033 i` To: ?r bu CA A J PSN 7 3 - -000-9 6. tCt,vb UNITEDSTATES J POSTALSERVICEm Certificate Of Mailing JAMES, SMITH, DIETTERICK & CONNELLY LLP ATTN: CHRIS SPURLOCK owl P.O BOX 650 HERSHEY, PA 17033 T. kL?? ------ ! ?)O 2012 tai - - -- ? LID L) M'C?? L PS Form 3817. April 20C,7 ?s sso-m_rnn_4nh?_ 3t C- I) JAMES, SMITH, DIETTERICK & CONNELLY LLP ATI'N: CHRIS SPURLOCK --- ?' P.O. BOX 650 ' HERSHEY. PA 17033 r 10 To. ?'t CSC (? c PS Form 3817 April 2007 PS J 7530-02-000 3065 ?A Lam' 6 UNITED STATES POSTAL SERVICE Certificate Of "flailing a UNITEDSTATES ^ POSTALSERVICEm -' Mailing .,JAMES, SMITH, DIETTERICK & CONNELLY LLP AT['N: CHRIS SPURLOCK w? P.O. BOX 650 > HERSHEY. PA 17033 ,? PS Form 3817 April 2007 PSN 7530-02-000-9065 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO.: 11-6771 CIVIL TERM Plaintiff, vs. STAUB FINE; FOODS, LLC, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C..P. 3129(b) TO: Cumberland Area Economic Development Corp. 401 E. Louther Street, Suite 209 Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there; will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on March 7, 2012 at 10:00 a.m., the following described real estate which Staub Fine Foods, LLC is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 113 East Pine Street Mount Holly Springs, Pennsylvania 17065 Cumberland County (SEE LEGAL, DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. at EX. NO. 1 1-6771 Civil Term in the amount of $314,33 8.08, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Excepl:ions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SM H, I?XET ERICK & CONNELL LLB l`, Dated: 1-10-2012 By: Scott A. Di erick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more fully set forth on Exhibit "A" and bounded and described as follows to wit: BEGINNING on the eastern side of a ten (10) foot wide easement for ingress and egress, which point is on the right of way line of East Pine Street, thence north 26 degrees 30 minutes 00 seconds east one hundred eighty (180) feet to a point on an unopened forty (40) foot street (unnamed), thence south 63 degrees 30 minutes 00 seconds east one hundred twenty (120) feet to a point in said unopened forty (40) foot street, thence continuing along the lands now or formerly of Ohio Blenders, Inc. south 26 degrees 30 minutes 00 seconds west one hundred eighty (180) feet to a point in the right of way of East Pine Street, thence continuing along the right of way of East Pine Street north 63 degrees 30 minutes 00 seconds west one hundred twenty (120) feet to the place of BEGINNING. HAVING thereon erected a frame and masonry two and one-half (2-1/2) story building, with an attached one (1) story building known and numbered as 113 East Pine Street, together with right, title and interest of the Grantor in that certain Right of Way Agreement dated May 16, 1970, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 190, Page 153. BEING the same premises which Allan W. Stackhouse, Married, by Deed dated August 2, 2010 and recorded on August 17, 2010 in and for Cumberland County, as Instrument Number 201022700, granted and conveyed unto Staub Fine Foods, LLC. Parcel No. 23-32-2336-271 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, Plaintiff, VS. STAUB FINE FOODS, LLC, Defendant. NO.: 11-6771 CIVIL TERM NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ: of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there; will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on March 7, 2 012 .at 10:00 a.m., the following described real estate which Staub Fine Foods, LLC is the owner or reputed owner and on which you may hold a. lien or have an interest which could be affected by the sale of: 113 East Pine Street Mount Holly Springs, Pennsylvania 17065 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. at EX. NO. 11-6771 Civil Term in the amount of $314,338.08, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMDIE rERICK & CONNELL P n Dated: 1-10-2012 By: , / Scott Ac' Di erick, E PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, 13A 17033 (717) 533-3280 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more fully set forth on Exhibit "A." and bounded and described as follows to wit: BEGINNING on the eastern side of a ten (10) foot wide easement for ingress and egress, which point is on the right of way line of East Pine Street, thence north 26 degrees 30 minutes 00 seconds east one hundred eighty (180) feet to a point on an unopened forty (40) foot street (unnamed), thence south 63 degrees 30 minutes 00 seconds east one hundred twenty (120) feet to a point in said unopened forty (40) foot street, thence continuing along the lands now or formerly of Ohio Blenders, Inc. south 26 degrees 30 minutes 00 seconds west one hundred eighty (180) feet to a point in the right of way of East Pine Street, thence continuing along the right of way of East Pine Street north 63 degrees 30 minutes 00 seconds, west one hundred twenty (120) feet to the place of BEGINNING. HAVING thereon erected a frame and masonry two and one-half (2-1/2) story building, with an attached one (1) story building known and numbered as 113 East Pine Street, together with right, title and interest of the Grantor in that certain Right of Way Agreement dated May 16, 1970, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 190, Page 153. BEING the same premises which Allan W. Stackhouse, Married, by Deed dated August 2, 2010 and recorded on August 17, 2010 in and for Cumberland County, as Instrument Number 201022700, granted and conveyed unto Staub Fine Foods, LLC. Parcel No. 23-32-2336-271 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. NO.: 11-6771 CIVIL TERM NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Department of Revenue Bureau of Corporation Taxes P.O. Box 280427 Harrisburg, PA 17128-0427 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on March 2012 at 10:00 a.m., the following described real estate which Staub Fine Foods, LLC is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale o£ 113 East Pine Street Mount Holly Springs, Pennsylvania ] 7065 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. at EX. NO. 11-6771 Civil Term in the amount of $314,338.08, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, Sr f TH, ; TRICK & CONNEL YY P Dated: 1-10-2012 By: E Scott A. D'ettenck, r PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 1703: (717) 533--3280 LEGAL DESCRIPTION ALL, that certain tract of land situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more fully set forth on Exhibit "A" and bounded and described as follows to wit: BE(iD NING on the eastern side of a ten (10) foot wide easement for ingress and egress, which point is on the right of way line of East Pine Street, thence north 26 degrees 30 minutes 00 seconds east one hundred eighty (180) feet to a point on an unopened forty (40) foot street (unnamed), thence south 63 degrees 30 minutes 00 seconds east one hundred twenty (120) feet to a point in said unopened forty (40) foot street, thence continuing along the lands now or formerly of Ohio Blenders, Inc. south 26 degrees 30 minutes 00 seconds west one hundred eighty (180) feet to a point in the right of way of East Pine Street, thence continuing along the right of way of East Pine Street north 63 degrees 30 minutes 00 seconds west one hundred twenty (120) feet to the place of BEGINNING. HAVING thereon erected a frame and masonry two and one-half (2-1/2) story building, with an attached one (1) story building known and numbered as 113 East Pine Street, together with right, title and interest of the Grantor in that certain Right of Way Agreement dated May 16, 1970, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 190, Page 153. BEING the same premises which Allan W. Stackhouse, Married, by Deed dated August 2, 2010 and recorded on August 17, 2010 in and for Cumberland County, as Instrument Number 201022700, granted and conveyed unto Staub Fine Foods, LLC. Parcel No. 23-32-2336-271 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, Plaintiff, VS. STAUB FINE FOODS, LLC, Defendant. NO.: 11-6771 CIVI`. TERM NOTICE TO LIENHOLDERS AND OTHER PAR'CIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Department of Revenue Bureau of Business Trust Fund Taxes P.O. Box 280905 Han-isburg, PA 17128-0905 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on March 7, 2012 at 10:00 a.m., the following described real estate which Staub Fine Foods, LLC is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 113 East Pine Street Mount Holly Springs, Pennsylvania 17065 Cumberland County (SEE LEGAL, DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of' FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. at EX. NO. 1 1-6771 Civil Term in the amount of $314,338.08, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIF,?F, ERICK & CONNELL LP ,/A Dated: 1-10•-2012 By: IN a Scott A. Diett ri ck, E PA ID #55650 Attorney for PlaintVT P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more fully set forth on Exhibit "A" and bounded and described as follows to wit: BEGINNING on the eastern side of a ten (10) foot wide easement for ingress and egress, which point is on the right of way line of East Pine Street, thence north 26 degrees 30 minutes 00 seconds east one hundred eighty (180) feet to a point on an unopened forty (40) foot street (unnamed), thence south 63 degrees 30 minutes 00 seconds east one hundred twenty (120) feet to a point in said unopened forty (40) foot street, thence continuing along the lands now or formerly of Ohio Blenders, Inc. south 26 degrees 30 minutes 00 seconds west one hundred eighty (180) feet to a point in the right of way of East Pine Street, thence continuing along the right of way of East Pine Street north 63 degrees 30 minutes 00 seconds west one hundred twenty (120) feet to the place of BEGINNING. HAVING thereon erected a frame and masonry two and o,ze-half (2-1/2) story building, with an attached one (I) story building known and numbered as 113 East Pine Street, together with right, title; and interest of the Grantor in that certain Right of Way Agreement dated May 16, 1970, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 190, Page 153. BEING the same premises which Allan W. Stackhouse, Married, by Deed dated August 2, 2010 and recorded on August 17, 2010 in and for Cumberland County, as Instrument Number 201022700, granted and conveyed unto Staub Fine Foods, LLC. Parcel No. 23-32-2336-271 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. NO.: 11-6771 CIVIL TERM NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: PA Department of Labor & Industry Office of Unemployment Compensation 651 Boas Street, Room 1700 Harrisburg, PA 17121 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there; will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on March 7, 2 012 .at 10:00 a.m., the following described real estate which Staub Fine Foods, LLC is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 113 East Pine Street Mount Holly Springs, Pennsylvania 17065 Cumberland County (SEE LEGAL. DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. at EX. NO. 11-6771 Civil Term in the amount of $314,338.08, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMIT> , DINT RICK & CONNELLY P ` Dated: 1-10-2012 By: ?` Scott A. Di ttenck, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 1703-; (717) 533-3280 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more fully set forth on Exhibit "A" and bounded and described as follows to wit: BEGINNING on the eastern side of a ten (10) foot wide easement for ingress and egress, which point is on the right of way line of East Pine Street, thence north 26 degrees 30 minutes 00 seconds east one hundred eighty (180) feet to a point on an unopened forty (40) foot street (unnamed), thence south 63 degrees 30 minutes 00 seconds east one hundred twenty (120) feet to a point in said unopened forty (40) foot street, thence continuing along the lands now or formerly of Ohio Blenders, Inc. south 26 degrees 30 minutes 00 seconds west one hundred eighty (180) feet to a point in the right of way of East Pine Street, thence continuing along the right of way of East Pine Street north 63 degrees 30 minutes 00 seconds west one hundred twenty (120) feet to the place of BEGINNING. HAVING thereon erected a frame and masonry two and one-half (2-1/2) story building, with an attached one (1) story building known and numbered as 113 East Pine Street, together with right, title and interest of the Grantor in that certain Right of Way Agreement dated May 16, 1970, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 190, Page 153. BEING the same premises which Allan W. Stackhouse, Married, by Deed dated August 2, 2010 and recorded on August 17, 2010 in and for Cumberland County, as Instrument Number 201022700, granted and conveyed unto Staub Fine Foods, LLC. Parcel No. 23-32-2336-271 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, Plaintiff, VS. STAUB FINE FOODS, LLC, Defendant. NO.: 11-6771 CIVII, TERM NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Current Occupants- Tenants 113 East Pine Street Mount Holly Springs, PA 17065 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there: will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on March 7, 2012 at 10:00 a.m., the following described real estate which Staub Fine Foods, LLC is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 113 East Pine Street Mount Holly Springs, Pennsylvania 17065 Cumberland County (SEE LEG,),L, DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, VS. STAUB FINE FOODS, LLC, Defendant. at EX. NO. 11-6771 Civil Term in the amount of $314,338.08, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, IET-rE1;CK & CONNELLY LL O / P, Dated: 1-10-2012 By: _ Scott A. Di eric , ? PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more fully set forth on Exhibit "A" and bounded and described as follows to wit: BEGINNING on the eastern side of a ten (10) foot wide easement for ingress and egress, which point is on the right of way line of East Pine Street, thence North 26 degrees 30 minutes 00 seconds east one hundred eighty (180) feet to a point on an unopened forty (40) foot street (unnamed), thence south 63 degrees 30 minutes 00 seconds east one hundred twenty (120) feet to a point in said unopened forty (40) foot street, thence continuing along the lands now or formerly of Ohio Blenders, Inc. south 26 degrees 30 minutes 00 seconds west one hundred eighty (180) feet to a point in the right of way of East Pine Street, thence continuing along the right of way of East Pine Street north 63 degrees 30 minutes 00 seconds west one hundred twenty (120) feet to the place of BEGINNING. HAVING thereon erected a frame and masonry two and one-half (2-1/2) story building, with an attached one (1) story building known and numbered as 113 East Pine Street, together with right, title and interest of the Grantor in that certain Right of Way Agreement dated May 16, 1970, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 190, Page 153. BEING the same premises which Allan W. Stackhouse, Married, by Deed dated August 2, 2010 and recorded on August 17, 2010 in and for Cumberland County, as Instrument Number 201022700, granted and conveyed unto Staub Fine Foods, LLC. Parcel No. 23-32-2336-271 Exhibit "A" i Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor e r IZ i.Y 21 PM 2: S f1 Q f LF?t J C?OUtITY PE 4SYLyAt41A First National Bank of Pennsylvania vs. Staub Fine Foods, LLC Case Number 2011-6771 SHERIFF'S RETURN OF SERVICE 12/29/2011 04:19 PM - Deputy Shawn Gutshall, 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 113 East Pine Street, Mt Holly Springs, Cumberland County, PA 17065. 01/02/2012 Sheriff Ronny R Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Staut Fine Foods, LLC at c/o Justin Staub, 2 Oakview Road, Apt 2, Asheville, NC 28803. The return receipt carc was signed by J. Staub on January 2, 2012 and returned to the Cumberland County Sheriffs Office. 01/26/2012 Affidavit of Service to Lienholders Filed in Sheriffs Office 02/29/2012 As directed by Scott A Dietterick, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/2/2012 05/02/2012 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 at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on May 2, 2012 at 1000 am. He sold the same for the sum of $1.00 to Attorney Scott A Dietterick, on behalf of First National Bank of Pennsylvania. First National Bank of Pennsylvania, being the buyer in this execution, paid to the Sheriff the sum of $894.05. SHERIFF COST: $893.61 SO ANSWERS, May 21, 2012 RON R ANDERSON, SHERIFF . t pt U pit. .5z lid tC SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1,j Cnur7V3t it,? Shee t, I eIo"SOtt, 'm?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. STAUB FINE FOODS, LLC, Defendant. CIVIL DIVISION E c NO.: 11-6771 CIVIL TERMS -- x , _, ? z ? -n rn Cn? N C) Ss t? -n sQ N 00 ?,. AFFIDAVIT PURSUANT TO RULE 3129.1 First National Bank of Pennsylvania, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 113 East Pine Street, Mount Holly Springs, Pennsylvania 17065: 1. Name and Address of Owner(s) or Reputed Owner(s): STAUB FINE FOODS, LLC c/o Justin Staub 2 Oakview Road, Apt 2 Asheville, NC 28803 2. Name and Address of Defendant(s) in the Judgment: STAUB FINE FOODS, LLC c/o Justin Staub 2 Oakview Road, Apt 2 Asheville, NC 28803 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: FIRST NATIONAL BANK OF Plaintiff PENNSYLVANIA 4. Name and Address of the last record holder of every mortgage of record: FIRST NATIONAL BANK OF Plaintiff PENNSYLVANIA CUMBERLAND AREA ECONOMIC DEVELOPMENT CORP. 5. 6 401 E. Louther Street, Suite 209 Carlisle, PA 17013 Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE Bureau of Corporation Taxes P.O. Box 280427 Harrisburg, PA 17128-0427 DEPARTMENT OF REVENUE PA DEPARTMENT OF LABOR & INDUSTRY CURRENT OCCUPANTS - TENANTS Bureau of Business Trust Fund Taxes P.O. Box 280905 Harrisburg, PA 17128-0905 Office of Unemployment Compensation 651 Boas Street, Room 1700 Harrisburg, PA 17121 113 East Pine Street Mount Holly Springs, PA 17065 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: 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. §4904 relating to unsworn falsification to authorities. DATED: I I"A- JAMES, & CONT BY: _ Scott A- Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 WRIT OF EXECUTFON and/or A7TACF-MENT COMMOWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6771 Civil CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST NATIONAL BANK OF PENNSYLVANIA Plaintiff (s) From STAUB FINE FOODS, LLC (1) You are directed to levy upon the property of the defendant (s)and -.o 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$314,338.08 L.L. $.50 Interest FROM 11-23-2011 TO DATE OF SALE - $16,521.01 Atty's Comm % Due Prothy $2.00 Atty Paid $230.50 Plaintiff Paid Date: NOVEMBER 22, 2011 (Seal) Other Costs: Deputy REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES, SMITH, DIETERICK & CONNELLY, LLP, PO BOX 650, HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 TRUE COPY FROM RECORD In Testimony whereof,) here unto set my hand and the sea[of said at Aisle, Pa. it This °Z) day of a .ub 0 6 x thonotary °- vrva On December 19, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Mount Holly Springs Borough, Cumberland County, PA, Known and numbered as, 113 East Pine Street, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 19, 2011 By: cep ?. a Estate Coordinator ?? ZZ 1,01 60,z CUMBERLAND LAW JOURNAL Writ No. 2011-6771 Civil Term First National Bank of Pennsylvania VS. Staub Fine Foods, LLC Atty.: Scott Dietterick ALL that certain tract of land situate in the Borough of Mt. Holly Springs, Cumberland County, Penn- sylvania, more fully set forth on Ex- hibit "A" and bounded and described as follows to wit: BEGINNING on the eastern side of a ten (10) foot wide easement for ingress and egress, which point is on the right of way line of East Pine Street, thence north 26 degrees 30 minutes 00 seconds east one hun- dred eighty (180) feet to a point on an unopened forty (40) foot street (unnamed), thence south 63 degrees 30 minutes 00 seconds east one hun- dred twenty (120) feet to a point in said unopened forty (40) foot street, thence continuing along the lands now or formerly of Ohio Blenders, Inc. south 26 degrees 30 minutes 00 seconds west one hundred eighty (180) feet to a point in the right of way of East Pine Street, thence continuing along the right of way of East Pine Street north 63 degrees 30 minutes 00 seconds west one hundred twenty (120) feet to the place of BEGINNING. HAVING thereon erected a frame and masonry two and one-half (2- l/ 2) story building, with an attached one (1) story building known and numbered as 113 East Pine Street, together with right, title and interest of the Grantor in that certain Right of Way Agreement dated May 16, 1970, as recorded in the Office of the Recorder of Deeds in and for Cumber- land County in Miscellaneous Book 190, Page 153. BEING the same premises which Allan W. Stackhouse, Married, by Deed dated August 2, 2010 and re- corded on August 17, 2010 in and for Cumberland County, as Instrument Number 201022700, granted and conveyed unto Staub Fine Foods, LLC. Parcel No. 23-32-2336-271. 75 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: January 27, February 3, and February 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. isa M e Coyne, Edit r SWORN TO AND SUBSCRIBED before me this da of February, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which First National Bank of Pennsylvania is the grantee the same having been sold to said grantee on the 2 day of May A.D., 2012, under and by virtue of a writ Execution issued on the 22 day of November, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 6771, at the suit of First National Bank of Pennsylvania against Staub Fine Foods, LLC is duly recorded as Instrument Number 201215085. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 1 day of A.D. ,L© / Recorder of Deeds ReoMW d DqAkbw? CmM CwW All My Commission res the Fkd Morft d JWL 2014 The Patriot-News Co. 2020 Technology Pkwy "S'uite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE j4f PNow you know CARLISLE PA 17013 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 J This ad ran on the date(s) shown below: 01/27/12 02/03/12 02/10/12 Sworn to an bribed befor?m?this of ?ebruary, 2012 A. D. Notary ublic COMMONWEALTH OF PEN SSYLVANIA Notarial Sul Sherrie L. Owens, Notary Pubik Lower Paxton TV4),, Dauphin County My CoMff96S 0n Vxpiras Nov. 26 1015 MEMBER, PEN LYW A A TM of Wi 2011-6771 First National Bank of Pennsylvania VS Staub Fine Foods, LLC Atty. Scott Dletterick ALL that certain tract of land situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more fully set forth on Exhibit W and bounded and described as follows to wit: BEGINNING on the eastern side of a ten (10) foot wide easement for ingress and egress, which point is on the right of way line of East Pine Street, thence north 26 degrees 30 minutes 00 seconds east one hundred eighty (180) feet to a point on an unopened forty (40) foot street (unnamed), thence south 63 degrees 30 minutes 00 seconds east one hundred twenty (120) fees "o a point in said unopened forty (40) too, street, thence continuing along the lands now or formerly of Ohio Blenders, Inc. south 26 degrees 30 minutes 00 seconds west one hundred eighty (180) feet to a point in the right of way of Fast Pine Street, thence continuing along the right of way of East Pine Street north 63 degrees 30 minutes 00 seconds west one hundred twenty (120) feet to the place of BEGINNING. HAVING thereon erected a frame and masonry two and one-half (2-1/2) story building, with an attached one (1) story building known and numbered as 113 East Pine Street, together with right, title and interest of the Grantor in that certain Right of Way Agreement dated May 16, 1970, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 190, Page 153. BEING the same premises which Allan W. Stackhouse, Married, by Deed dated August 2, 7,010 and recorded on August 17, 2010 in and for Cumberland County, as Instrument Number 201022700, granted and conveyed unto Staub Fine Foods, LLC. Parcel No. 23-32-2336-271