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HomeMy WebLinkAbout11-6863 C1 r%z a?- BLAKINGER, BYLER & THOMAS, P.C. r m -77 By: Susan P. Peipher, Esquire r Attorney I.D. #87580 28 Penn Square - C-) - ? r n Lancaster, PA 17603 1TA . _ ; (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. No. O'lult Tcrm DGK PROPERTIES, LP Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff and against Defendant, as follows: Principal Interest through 08/29/2011 Late Charges Attorney Fees and Costs $8,000,000.00 115, 203.58 7,372.89 25.000.00 TOTAL $8,147,576.47 Interest continues to accrue on the total owed from and after August 29, 2011, at the per diem rate of $1,098.02. Attorneys' fees and costs also continue to accrue. BLAKI GER, BYLER THOMAS, P.C. Dated: By: Susan P. Peipher, Esquire Attorney I.D. No. 87580 Attorney for Plaintiff 00607404/ (29791.001) J y ?? c e ?!. i ?tG( C Q W BLAKINGER, BYLER & THOMAS, P.C. rn rn cn rn - ,.. rn By: Susan P. Peipher, Esquire Z X m -V -0 Attorney I.D. #87580 28 Penn Square c a -T, Lancaster, PA 17603 (717) 299-1100 `6rR Attorneys for Plaintiff a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. DGK PROPERTIES, LP Defendant l f / F,& 3 ? f ?Ir No. l IO COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, First Commonwealth Bank, by its counsel, Susan P. Peipher, of Blakinger, Byler & Thomas, P.C., by way of Complaint in Confession of Judgment against Defendant, DGK Properties, LP, avers and represents as follows: THE PARTIES 1. The Plaintiff, First Commonwealth Bank, is a Pennsylvania financial institution with an address of 654 Philadelphia Street, Indiana, PA 15701. 2. Defendant, DGK Properties, LP, is a Pennsylvania Limited Partnership with a registered address of 711 Olde Hickory Road, Lancaster, PA 17601 and an alternate address of 701 Creekside Lane, Lititz, PA 17543, and is the real owner of the property known as and located at 1041 Rittner Highway, Southampton Township, Cumberland County, PA ("the Property") JURISDICTION AND VENUE 3. The Court has specific personal jurisdiction over the Defendant because the Defendant specifically agreed to the specific personal jurisdiction of any court in the Commonwealth of Pennsylvania. 4. Venue is proper in this Court because the Property is located in Cumberland County and because the acts and/or omissions giving rise to Plaintiff's cause of action occurred in Cumberland County. BACKGROUND 5. On or about January 9, 2008, Plaintiff agreed to make commercial loans and other financial accommodations to Defendant (collectively, the "Loan") as evidenced by that certain promissory note dated January10, 2008 (the "Note") in the principal amount of $8,000,000.00 and secured by an Open-End Mortgage and Security Agreement recorded on January 9, 2008 under Instrument Number 200801237 duly recorded in the Office of the Recorder ofDeeds for Cumberland County. A true and correct copy of the Note is attached hereto, incorporated herein and marked as Exhibit "A". 6. Pursuant to the terms of the Note, Defendant agreed to pay the outstanding principal and all accrued unpaid interest due thereunder on January 10, 2013, and to make monthly payments of principal and interest as calculated therein. See Exhibit "A". 7. Upon Defendant's failure to pay monthly payments under the terms of the Note, as of August 29, 2011, the Plaintiff has declared an Event of Default as defined under the Note and has accelerated the Loan and declares all amounts due and owing pursuant to and in accordance with the terms of the Note (the "Acceleration"). See Exhibit "A". 2 8. The Note contains a warrant of attorney, which authorizes the entry of judgment by confession against the Defendant at any time after the occurrence of an Event of Default pursuant to the Note. See, page 3 of the Note (Exhibit "A"). 9. The Defendant is in default of its obligations to Plaintiff under the terms of the Note because, inter alia, Defendant has failed to make payments when due pursuant to and in accordance with the terms of the Note. 10. Under the terms of the Note and on account of the acceleration, all sums due according to the terms thereunder are immediately due and payable. 11. Additionally, reasonable attorneys' fees and costs incurred by Plaintiff to collect an obligation due under the Note are due and owing to Plaintiff pursuant to and in accordance with the terms thereunder. 12. As a result of the aforesaid default and pursuant to the acceleration, as of August 29, 2011, the total amount due to Plaintiff is $8,147,576.47, plus additional attorneys' fees and costs, calculated as follows: Principal $8,000,000.00 Interest through 08/29/2011 115, 203.58 Late Charges 7,372.89 Attorney Fees and Costs 25.000.00 TOTAL $8,147,576.47 Interest continues to accrue on the total owed from and after August 29, 2011, at the per diem rate of $1,098.02. Attorneys' fees and costs also continue to accrue. 3 14. This Judgment is not being entered by confession in connection with a consumer credit transaction. 15. Judgment has not been entered against Defendant on the Note in any jurisdiction, and the Note has not been assigned. 16. None of the provisions of the Note have been waived and/or modified. 17. No conditions precedent to the entry of judgment by confession against Defendant remain unsatisfied. WHEREFORE, Plaintiff, First Commonwealth Bank, respectfully requests the entry of judgment in its favor and against Defendant, DGK Properties, LP in the amount of $8,147,576.47, plus interest from and after August 29, 2011, at the per diem rate of $1,098.02 plus additional attorneys' fees and costs and any other relief deemed just and proper. Respectfully submitted, Dated: T 00605004/ (29791.001) BLAKI GER, BYL & THOMAS, P.C. By: Susan P. Peipher, Esquir Attorney I.D. No. 87580 Attorney for Plaintiff 4 VERIFICATION WY4 ? L •?1 _tes that (s) a is the L"-"4?-1 .73:7= for First Commonwealth Bank, and as such, (s)he is authorized to make this Verification on its behalf, that (s)he has read the statements contained in the foregoing Complaint in Confession of Judgment, and that the statements contained therein are true and correct to the best of knowledge, information and belief. The undersigned also understands that these statements are :Wade subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: !zd ` j '?D Name: c?) f?1 Z Title: l?OAr)ki tk6AKP V r ???I Fx?'y?? ? PROMISSORY NOTE $8,000,000.00 Lancaster, Pennsylvania Signed: January 9, 2008 Effective: January 10, 2008 FOR VALUE RECEIVED, DGK PROPERTIES, LP a Pennsylvania limited partnership (hereinafter referred to as "Maker"), promises to pay to the order of TIRST COMMONWEALTH BANK, with offices at 654 Philadelphia Street, Indiana, Pennsylvania 15701 (hereinafter referred to as "Payee"), the principal sum of Eight Million and No/100 Dollars ($8,000,00x.00), or so much thereof as shall be advanced and outstanding hereunder, together with interest at the rate set forth below on the unpaid outstanding principal balance of each advance, to finance the development of a 128.59 acre parcel, containing, 469 residential lots and two (2) commercial lots located in Southampton Township, Cumberland County, Pennsylvania, known as "Deerfield Development" (the "Project"). Interest shall be calculated from the date of each advance until repayment of each advance. Any capitalized term used but not defined herein shall have the meaning ascribed to such term in the Loan Agreement, entered into by and between Payee and Maker on even date herewith (the "Loan Agreement"). A. VARIABLE RATE OF INTEREST The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the one month London Interbank Offered Rates (LIBOR) as quoted in the Wall Street Journal (the Index). The index is not necessarily the lowest rate charged by Payee on its loans. If the Index becomes unavailable during the term of this loan, Payee may designate a substitute Index after notifying Maker. Payee will tell Maker the current Index rate upon Maker's request. The interest rate change will not occur more often than each first business day of the month following a change in the one month LIBOR as quoted in the Wall Street Journal. Maker understands that Payee may make loans based on other rates as well, The Index currently is 4.600/a per annum. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 175 percentage point(s) over the Index, resulting in an initial rate of 6.35% per annum. 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, Payee, at its option, may do one or more of the following. (A) increase Maker's payments to ensure Maker's loan will pay off by its original final maturity date, (B) increase Maker's payments to cover accruing interest, (C) increase the number of Maker's payments, and (D) continue Maker's payments at the same amount and increase Maker's final payment. The term "Principal Balance", as used herein, shall mean the outstanding and unpaid principal amount of this Note and all other outstanding and unpaid sums, exclusive of interest, under the terms of this Note and the Mortgage. Principal Balance does not include un-disbursed proceeds. B. TERMS OF PAYMENT. Maker will pay this loan in accordance with the following payment schedule: a. Commencing on February 10, 2008, and on the same day of each month thereafter, Maker shall pay interest only on the principal amount advanced from time to time by Payee. b. Maker shall make principal payments in the amount equal to one hundred (100%) percent of the net proceeds received by Maker on account of the sale or disposition of all lots within the Project. For purposes of this paragraph, "net proceeds" shall mean the gross sales price of the lots less direct closing costs as approved by Payee. C. Maker shall make a final payment of all principal and interest then due on the Loan on January 10, 2013. All computations of interest under this Promissory Note shall be made on the basis of a three hundred and sixty (360) day year and the actual number of days elapsed. Maker will pay Payee at Payee's address shown above or at such other place as Payee may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to any unpaid collection costs and late charges, then to unpaid interest, and any remaining amount to principal. C. MATURITY. Notwithstanding any provision contained herein, the entire Principal Balance, together with all accrued and unpaid interest thereon, shall be due, payable and paid, without presentment or demand, no later than January 10, 2013. D. PLACE OF PAYMENT. The monthly payments and all other sums due hereunder and under the Mortgage shall be payable at FIRST COMMONWEALTH BANK, 654 Philadelphia Street, Indiana, Pennsylvania 15701, or at such other place as Payee, from time to time, may designate to Maker in writing, delivered to Maker at the address set forth in the Mortgage for notices to Maker. E. PREPAYMENT. Maker may pay without penalty all or a portion of the amount owed earlier than it is due without restriction or penalty. Early payments will not, unless agreed fo by Payee in writing, relieve Maker of Maker's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and pay result in Maker making fewer payments. Payment of this Note is secured by an Open-End Mortgage and Security Agreement of even date herewith, intended to be recorded forthwith, from Maker to Payee (hereinafter referred to as the "Mortgage"), secured upon certain real property situate in Southampton Township, Cumberland County, Pennsylvania, together with any improvements to be constructed on such -2- real property, said real property being more particularly described in the aforesaid Open-End Mortgage and Security Agreement (referred to herein as the "Mortgaged Property"). All of the agreements, conditions, covenants, provisions and stipulations contained in the Mortgage are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein, and Maker covenants and agrees to keep and perform them, or cause them to be kept and performed, strictly in accordance with their terms. If any monthly payment or any other payment due to Payee hereunder shall not be paid, in immediately available and collectible funds, within fifteen (15) days of its due date, Maker shall pay to Payee a late charge of five cents ($.05) for each dollar of such amount so overdue. It is further understood that the following defaults shall constitute events of default hereunder and are hereinbefore and hereinafter referred to as an "Event of Default" or "Events of Default": (i) a default in the payment, in available and collectible funds, of any Monthly Installment or any other monetary sum due to Payee hereunder or under the Mortgage and such default is not fully cured within fifteen (15) days from the date on which it shall fall due, or (ii) a default in the performance of any of the non-monetary agreements, conditions, covenants, provisions or stipulations contained in this Note, or in the Mortgage and such default is not cured within thirty (30) days after receipt of written notice thereof, unless the cure of such non-performance or non-compliance would reasonably be expected to take longer than thirty (30) days, in which case the time within which to cure same shall be extended for such time as Payee shall reasonably deem necessary for such cure, provided that Maker commences said cure within the initial thirty (30) days and thereafter diligently prosecutes said cure to completion. Upon the occurrence of an Event of Default hereunder or under the Mortgage, Payee, at its option and without notice to Maker, may declare immediately due and payable the entire Principal Balance with interest accrued thereon at the Interest Rate to the date of such Event of Default and thereafter at a rate three percent (3%) per annum in excess of the Interest Rate (hereinafter referred to as the "Default Interest") and all other sums due by Maker hereunder or under the Mortgage, anything herein or in the Mortgage to the contrary notwithstanding; and payment thereof may be enforced and recovered in whole or in part at any time by one or more of the remedies provided to Payee in this Note or in the Mortgage. Immediately following such declaration by Payee, Payee shall deliver written notice thereof to Maker. Default Interest shall be in lieu of interest at the Interest Rate. In such case, Payee may also recover all costs of suit and other expenses in connection therewith, together with reasonable attorney's fees for collection, together with Default Interest on any judgment obtained by Payee from and after the date of any Sheriffs sale until actual payment is made by the Sheriff to Payee of the full amount due Payee. MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES OF AMERICA, OR ELSEWHERE, TO APPEAR, AFTER THE OCCURRENCE OF AN EVENT OF DEFAULT, FOR MAKER IN ANY ACTION BROUGHT AGAINST MAKER ON THIS NOTE AT THE SUIT OF PAYEE, WITH OR WITHOUT DECLARATION FILED, AND THEREIN TO CONFESS OR ENTER JUDGMENT OR -3- A SERIES OF JUDGMENTS AGAINST ANY ONE OR MORE OR ALL OF THE PARTIES NAMED AS MAKER FOR THE ENTIRE UNPAID PRINCIPAL OF THIS NOTE AND ALL OTHER SUMS PAID BY PAYEE TO OR ON BEHALF OF MAKER PURSUANT TO THE TERMS OF THIS NOTE OR THE MORTGAGE, AND ALL ARREARAGES OF INTEREST THEREON, TOGETHER WITH COSTS OF SUIT AND REASONABLE ATTORNEY'S FEES FOR COLLECTION; AND FOR SO DOING THIS NOTE OR A COPY THEREOF VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. The authority granted herein to confess judgment shall not be exhausted by any exercise thereof but shall continue from time to time and at all times until payment in full of all the amounts due hereunder. No judgment or judgments against less than all of the Makers shall be a bar to a subsequent judgment or judgments against one or more of the Makers against whom judgment has not been obtained hereon. The remedies of Payee as provided herein, or in the Mortgage, and the warrants contained herein or in the Mortgage shall be cumulative and concurrent, and may be pursued singularly, successively, or together at the sole discretion of Payee, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. Maker hereby waives and releases all errors, defects and imperfections in any proceedings instituted by Payee under the terms of this Note, or of the Mortgage, as well as all benefit that might accrue to Maker by virtue of any present or future laws exempting the Mortgaged Property, or any other property, real or personal, or any part of the proceeds arising from any sale of any such property from attachment, levy, or sale under execution, or providing for any stay of execution, exemption from civil process, or extension of time for payment; and Maker agrees that any real estate that may be levied upon pursuant to a judgment obtained by virtue hereof, on any writ of execution issued thereon may be sold upon any such writ in whole or in part in any order desired by Payee. MAKER HEREBY EXPRESSLY WAIVES ALL RIGHTS TO LIMIT INDEBTEDNESS SECURED BY THE OPEN-END MORTGAGE AND SECURITY AGREEMENT AS PRESCRIBED BY SUBSECTION 8143(c) OF 42 PA. C.S.A., AND THE RECEIPT OF ANY WRITTEN NOTICE FROM MAKER ATTEMPTING TO RELEASE THE OBLIGATION OF PAYEE TO MAKE ANY FURTHER ADVANCES SHALL BE NULL AND VOID. Maker hereby waives presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and notice of protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Note, unless specifically required herein or in the Mortgage, and agrees that the liability of Maker shall be unconditional, without regard to the liability of any other party, and shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee to another party. Maker consents to any and all extensions of -4- time, renewals, waivers or modifications that may be granted by Payee with respect to the payment or other provisions of this Note, and to the release of the collateral or any part thereof, with or without substitution and agrees that additional makers, endorsers, guarantors, or sureties may become parties hereto without notice to them or affecting their liability hereunder. Payee shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Payee, and then only to the extent specifically set forth in the writing. A waiver on one event shall not be construed as continuing or as a bar to or waiver of any right or remedy to a subsequent event. If any term or provision of this Note or the application thereof to any person, property or circumstance shall to any extent be invalid or unenforceable as to the remainder of this Note, then the application of such term or provision to persons, properties and circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Note shall be valid and enforceable to the fullest extent permitted by law. Notwithstanding anything to the contrary contained in this Note or in the Mortgage, the effective rate of interest on the obligation evidenced by this Note shall not exceed the lawful maximum rate of interest permitted to be paid. Without limiting the generality of the foregoing, if the interest charged under this Note results in an effective rate of interest higher than that lawfully permitted to be paid, then such charges shall be reduced by the sum sufficient to result in an effective rate of interest no greater than the maximum effective rate of interest permitted by law and any amount that would exceed the highest lawful rate already received and held by the Payee shall be applied to a reduction of principal (without premium or penalty) and not to the payment of interest. Part of the consideration for the loan evidenced by this Note is that the loan (i) is and shall be deemed made under, governed by and construed and enforced in accordance with the internal law of the Commonwealth of Pennsylvania, (ii) is and shall be enforceable only in the State Courts of said Commonwealth with an action commenced in the Court of Common Pleas of Lancaster County, and/or in the Federal Courts of said Commonwealth with an action commenced in the United States District Court for the Middle District of Pennsylvania. Maker hereby waives any claim that Harrisburg or Lancaster, Pennsylvania is an inconvenient forum and any claim that any action or proceeding arising out of or relating to this Note and commenced in the aforesaid Courts lacks proper venue. Whenever used, the singular number shall include the plural, the plural the singular, the use of any gender shall be applicable to all genders, the word "Payee" shall be deemed to include the successors and assigns of Payee, and the word "Maker" shall be deemed to include DGK PROPERTIES, LP, and its respective successors and assigns. The captions preceding the text of the paragraphs or subparagraphs of this Note are inserted only for convenience of reference and shall not constitute a part of this Note, nor shall they in any way affect its meaning, construction or effect. -5- IN WITNESS WHEREOF, this Note has been duly signed and delivered by the undersigned at the place and as of the day and year first above written. DGK PROPERTIES, LP, by its G mi;7? DGK RE, LLC By: (SEAL) hael A. Glass By: A(SEAL) Victor Kicera 0317069x3 -6- COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER ss: On this ?ay of 6 , 2008, before me a notary public, the undersigned officer, personally appeared tchael S. G ss, who acknowledged himself to be a member of DGK RE, LLC, being the sole General Partner of DGK PROPERTIES, LP, Maker herein, and as such is authorized to execute the foregoing instrument on behalf of the said Maker for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMON - PE NGYLVANtA Pamela ft "WNW ; Nota y PuWa C yoftara4dw.?COWRy Notary Public MY ?_ t?if? S?St 21, 3?I111 Mertl04t,_ rwylvan Aeoool an of Nclod*& COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LANCASTER ) On this May i3ay of , 1008, before me a notary public, the undersigned officer, personally appeared Victor Kice , who acknowledged himself to be a member of DGK RE, LLC, being the sole General Partner of DGK PROPERTIES, LP, Maker herein, and as such is authorized to execute the foregoing instrument on behalf of the said Maker for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official sent. 14 ? 1? otary Public COMMONWE-ALTH OF PENNSYLVANb4 NOWN sow Pamela R. HoNeft, Notary pt fo CRY Ofr. Ur=S ar W CarrrmttWm &00 Sips. 2f, 20 1 Member, Permsylvenia Aetroatatlon of Notaries -7- DISCLOSURE EM CONFESSION OF JUDGMENT DGK PROPERTIES, L.P., a Pennsylvania limited partnership ("Maker"), having executed a certain Note (the "Note") in favor of FIRST COMMONWEALTH BANK ("Payee") on January 9, 2008, effective as of January 10, 2008, in the original principal amount of Eight Million Dollars (58,000,000.00), the security for which includes an Open-End Mortgage and Security Agreement of the same date (the "Mortgage") executed by Maker, acknowledges as follows: !?"i . The Note and Mortgage contain provisions authorizing entry of judgment by confession. This means that judgment may be entered against any of the ?n Maker without notice or a trial. K7? Jw?. If 'ud ? gment is entered against any of the Maker by confession, action may be taken immediately to collect the judgment. This action could include immediate seizure of the assets of any of the Maker without prior notice or a hearing. ? 3. The Maker acknowledges that it has read and understood the provisions regarding entry of judgment by confession, and that the Maker is knowingly, understandingly, and voluntarily waiving its rights to resist the entry of judgment against the Maker, including the right to prior notice before either (i) the entry of judgment, or (ii) execution upon said judgment, and the Maker consents to the entry of judgment by confession and the immediate seizure of the assets of any Maker to satisfy said judgment. ±0 . If the Maker (or any party comprising the Maker) is an individual, the Maker certifies that the annual income of each such individual exceeds $10,000.00. IN WITNESS: DGK PROPERTIES, L.P. by its Ge 1 Part ,pfra , DGK RE, LLC =? k !? BY: (SEAL) icha 1 S. Glass By. ?SEAL) Victor Kicera _, 2008. otary Public ?? TM 0. F PENNSYLVANIA 5W ta R Nt 0 R "o, Nowy ptft 10MU .xt a 8 - Mern, P h Al"W49" of Notaft, Sworn d subscribed before me this day of BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire -n3 Attorney I.D. #87580 rna) rc'n r''- 28 Penn Square Lancaster, PA 17603 .,CZ> t--Z: C -+c? (717) 299-1100 y ° 'o - Attorneys for Plaintiff C-) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSViVk4Ik CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. No. ?1 G S?'(?3 G ;-V ( yC r't DGK PROPERTIES, LP Defendant PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please assess damages now due on the judgment in this action against Defendant, DGK Properties, LP, as follows: Principal Interest through 08/29/2011 Late Charges Attorney Fees and Costs $8,000,000.00 115, 203.58 7,372.89 25.000.00 TOTAL $8,147,576.47 Interest continues to accrue on the total owed from and after August 29, 2011, at the per diem rate of $1,098.02. Attorneys' fees and costs also continue to accrue. Dated: I ?_ BLAKI GER, BYLE & THOMAS, P.C. By: Susan . Peipher, Esquire Attorney I.D. No. 87580 Attorney for Plaintiff s JUDGMENT AND ASSESSMENT OF DAMAGES I assess damages as above and judgment is entered for Plaintiff, First Commonwealth Bank and against Defendant, DGK Properties, LP in the amount of $8,147,576.47, plus continuing interest at the rate of $1,098.02 per diem, plus continuing costs and attorney fees. PROTHONOTARY OF CUMBERLAND COUNTY Dated: 00607400/ (29791.001) 2 BLAKINGER, BYLER & THOMAS, P.C. ? ?'f By: Susan P. Peipher, Esquire C ?X Attorney I.D. #87580 =rn m -V nom-.. -o 28 Penn Square rn ma; Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff =? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN TY, PENNSYLV AMA ' CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. DGK PROPERTIES, LP Defendant No. I I , 6?'?o 3 C rv -? ( ``f t(A-, NOTICE PURSUANT TO 42 PA C.S.A. §2737.1 TO: DGK Properties, LP 701 Creekside Lane Lititz, PA 17543 NOTICE IS HEREBY GIVEN THAT JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. THE FOLLOWING IS THE PROCEDURE YOU MUST FOLLOW IN ORDER TO STRIKE JUDGMENT AND/OR SEEK TO HAVE THE JUDGMENT OPENED. PLEASE BE FURTHER ADVISED THAT YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY'S FEES AS DETERMINED BY THE COURT IF YOU HAVE BEEN INCORRECTLY IDENTIFIED. Rule 2959. Striking Off or Opening Judgment; Pleadings; Procedure (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty (30) days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition, the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and, on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. If you have any questions concerning the above, please contact: Date: 91 ? ( I 1 BL NGER, BYL THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff #605059 / 29791.001 BLAKINGER, BYLER & THOMAS, P.C. x -0 By: Susan P. Peipher, Esquire --ic) Attorney I.D. #87580 3Cy® _ ©-n 28 Penn Square z? ? _ °M Lancaster, PA 17603 4 CD (717) 299-1100 -< Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. DGK PROPERTIES, LP No. 3 C'*, - uM. Defendant AFFIDAVIT OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA COUNTY OF -1-N )?> I \?--_ : SS. ,?/y- being first duly swbnl upon t-V^foath according to law, deposes and says: 1. I am the first Commonwealth Bank, the Plaintiff herein, and I am authorized to make this affidavit on its behalf. 2. Plaintiff's address is 654 Philadelphia Street, Indiana, PA 15701. The address of Defendant DGK Properties, LP is 701 Creekside Lane, Lititz, PA 17543. Name- Title: ? ? ??? SWORN TO and SUBSCRIBED bef re me this) elf, Tday of , 2011. Wi \\Q NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ROBIN L. MCCORMICk NOTARY PUBLIC INDIANA BOROUGH, INOUINA COUNTY MY COMMISSION EXPIRES JUNE 29 2015 00605062! (29791.001) C BLAKINGER BYLER & THOMAS, P.C. Z= - -0 -orn By: Susan P. Peipher, Esquire N?r y ? CD Attorney I.D. #87580 28 Penn Square s Lancaster, PA 17603 c A -- °,m (717) 299-1100 3. Attorneys for Plaintiff 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. DGK PROPERTIES, LP Defendant No. /1 _ 6 r . Cdr - / AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ' SS. COUNTY OF ? * ^?7, ? aj??,being first duV ly swoYn upon her oath according to law, deposes and says: 1. I am the ? W9f? Wo First Commonwea th1 Bank, the plaintiff herein, and I am authorized to make this affidavit on its behalf. 2. The instrument attached as exhibits to the Complaint in Confession of Judgment filed in this matter are true and correct copies of the original instruments. 3. The Defendant, DGK Properties, LP is in default of their obligations under the instrument attached as Exhibit "A" to the Complaint in Confession of.ludgment, as more fully set forth in the Complaint in Confession of Judgment. t 4. As a result of the aforesaid default and pursuant to the acceleration, as of August 29, 2011, the total amount due to Plaintiff is $8,147,576.47, plus additional attorneys' fees and costs, calculated as follows: Principal $8,000,000.00 Interest through 8/29/11 Late Charges 115,203.58 7,372.89 Attorney Fees and Costs 25,000.00 TOTAL $8,147,576.47 Interest continues to accrue on the total owed from and after August 29, 2011, at the per diem rate of $1,098.02. Attorney's fees and costs also continue to accrue. 6. The allegations contained in the Complaint in Confession of Judgment are true and correct to the best of my knowledge, information and belief. Name: Title: Qk c;u-??1eC( SWORN TO and SUBSCRIBED bef a me this -3 1_Wday of 011. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL FmRy1aoC2"M'QQ'0N BIN L. MCCORMIM NOTARY PUBLIC DIANA BOROUGH, INDIANA COUNTY EXPIRES JUNE 29, 2015 #605077 / 29791.001 C11) R7 BLAKINGER, BYLER & THOMAS, P.C. ?" vr" By: Susan P. Peipher, Esquire D ~- C5 d 2 Q ? Attorney I. . #87580 h _ 28 Penn Square ? 'CS •..''i " Lancaster, PA 17603 C.) C .) (717) 299-1100 < CO Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. No. / ? / 66 -3 (0 DGK PROPERTIES, LP Defendant AFFIDAVIT OF BUSINESS TRANSACTION Frst Q7y U'! beVng duly scorn upon ""bath according to law, deposes and says: I am the pioFx0t* of First Commonwealth Bank, the Plaintiff herein, and I am authorized to make this affidavit on its behalf. 2. The transaction represented by the instrument attached to the Complaint in Confession of Judgment filed in this matter was a business transaction and was not entered into for personal, family or household purposes. Title: LI -0? SWORN TO and SUBSCRIBED before me this a day of 2011. NOTARY P-BLIC COI&MON? WEALTH OF PENNS LVANIA NOTARIAL SEAL LFROBIN L. MCCORMICK, NOTARY PUBLIC DIANA BOROUGH, INDIANA COMITY COMMISSION EXPIRES JUNE 212015 #605084 TtI ,. Zrn ? t `O m 8a BLAKINGER BYLER & THOMAS P.C. p I By: Susan P. Peipher, Esquire - Attorney I.D. #87580 3:1 C-) z ?- 28 Penn Square +c p ;- -- rl Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. DGK PROPERTIES, LP Defendant No. / /- 6 ?-6 3 AFFIDAVIT OF LENDER 4nyfirst duly sworn upon oath according to law, deposes and says: p 1. I ain 4 ? 7`?t Com on? Bank, the Plaintiff herein, and I am authorized to make this affidavit on its behalf. This is not an action by a seller, holder or assignee arising out of a retail installment sale contract or account. SWORN TO and SUBS,,RIBED befor me this -72 day of 2011. NOTARY PUBLIC ZAA - *5 Z.-I Dq. - Name: QUfW5r'K-0LA-)r- Title: (may} _OFPENNSYLVANIA COMMONWEALTH ' s? NOTARIAL SEAL 00605064/ (29791.001) ROBIN L. MCCORMICK, NOTARY PUBLIC INDIANA BOROUGH, INDIANA COUNTY IMY COMMISSION EXPIRES JUNE 29 2015 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire 3 Attorney I.D. #87580 mm 28 Penn Square ? - v ro Lancaster, PA 17603 -<> ! Mm C:5 (717) 299-1100 r-a) =° Attorneys for Plaintiff 3 a-n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL AISA C:0m CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff v. DGK PROPERTIES, LP No. // 6 K&3 c? -? Defendant JUDGMENT BY CONFESSION AND NOW, to wit this if r4 day of Sez , 2011, a Complaint in Confession of Judgment having been filed and supporting affidavits having been filed, judgment is entered in favor of First Commonwealth Bank and against defendant, DGK Properties, LP in the amount of $$8,147,576.47, plus interest from and after A st 29, 2011, at the per diem r e of $1,098.02. PROTHONOTARY #605075 / 29791.001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. DGK PROPERTIES, LP Defendant No. j ._ (? ?0 3 C:4r NOTICE OF ENTRY OF JUDGMENT. ORDER OR DECREE Pursuant to requirements of Pennsylvania Civil Procedural Rule 4236, you are notified that there was entered in this office today, in the above-captioned case - [X ] Judgment of $8,147,576.47 for Plaintiff and against Defendant. [ ] Judgment for Defendant/s and against Plaintiffs. [ ] Order or Decree in favor of Dated: PROTHONOTARY Copy/Copies to: DGK Properties, LP 701 Creekside Lane Lititz, PA 17543 00607396/ (29791.001) In the Court of Common Pleas of Cumberland County, Pennsylvania First Commonwealth Bank V. DGK Properties, LP Address: 701 Creekside Lane, Lititz, PA 17543 PRAECIPE FOR WRIT OF EXECUTION (Confessed Judgment) To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter, (1) directed to the Sheriff of Cumberland County (2) against DGK Properties, LP, defendant; (3) and enter this writ in the judgment index (a) against DGK Properties, LP, defendant No. x r rr, M r? -tq ;ca = 5= .. °M tic 2*i4w-13 9 L So cosfs g F t 2_ 5-b P k at4y _ it , co pd. -*I as a lis pendens a ainst real roe fi-66 b'-c C, 315-0 C? g p p rty of the defendant located at 1041 Rittner Highway, Southampton Township, as described in Exhibit "A" attached hereto. (5) Amount due ................ $ 8,147,576.47 Interest from 8/29/11 at the per diem rate of $1,098.02 $ Plus costs to be added $ CERTIFICATION I certify that (a) This Praecipe is based upon a judgment entered by confession, and (b) The prothonotary is authorized to issue the Praecipe because notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 2958.2. Dated: 1 I I Su . Peipher, Esq., Att rney for Plaintiff OO OM4/ (2ML001) EXHIBIT A ALL THAT CERTAIN tract of land located on the north side of Ritner Highway (SR- 011), also known as US Route 11 and on the west side of Newville Road (SR-0533), also known as PA Route 533, said tract is situate partly in Southampton Township and situate partly in Shippensburg Township, Cumberland County, Pennsylvania, more fully on a Final Subdivision and Land Development Plan of "Deerfield" prepared by ELA Group, Inc. and recorded as Instrument No. 200739185, said tract of land bounded and described as follows: BEGINNING at a point in the centerline intersection of Ritner Highway and Newville Road, thence in the centerline of Ritner Highway, on a curve concave to the south having a central angle of 2° 07' 08", a radius of 11,459.16', an arc length of 423.79', and the chord thereof being South fifty-four degrees twenty-eight minutes fifty-seven seconds West, four hundred twenty-three and seventy-seven hundredths feet (S 54° 28' 57" W - 423.77'), to a point in Ritner Highway; thence continuing in the centerline of Ritner Highway, South fifty-three degrees twenty-five minutes twenty-three seconds West, one thousand two hundred eighty-six and fifty-four hundredths feet (S 53° 25' 23" W - 1,286.54') to a point in the centerline of Ritner Highway; thence continuing in the centerline of Ritner Highway, on a curve concave to the south, having a central angle of 8° 30' 00", a radius of 5,729.58', an arc length of 850.00', and the chord thereof being South forty-nine degrees ten minutes twenty-three seconds West, eight hundred forty- nine and twenty-two hundredths feet (S 49° 10' 23" W - 849.22'), to a point in the centerline of Ritner Highway; thence continuing in the centerline of Ritner Highway, South forty-four degrees fifty-five minutes twenty-three seconds West, three hundred eighty-four and eighty-three hundredths feet (S 44° 55' 23" W - 384.83'), to a point in the centerline of Ritner Highway; thence leaving Ritner Highway, partially by lands of Amerigas Propane, LP, North forty-five degrees fifty-six minutes thirty-one seconds West, twenty-five and zero hundredths feet (N 45° 56' 31" W - 25.00'), to a point on the existing northern right-of-way line of Ritner Highway; thence along the existing northern right-of-way line of Ritner Highway, North forty-four degrees fifty-five minutes twenty- three seconds East, three hundred eighty-five and twenty hundredths feet (N 44° 55' 23" E - 385.20'), to a point on the existing northern right-of-way line of Ritner Highway; thence continuing on the existing northern right-of-way line of Ritner Highway on a curve concave to the south having a central angle of 00° 28' 13", a radius of 5,754.28', an arc length of 47.22', and the chord thereof being North forty-five degrees nine minutes twenty-nine seconds East, forty-seven and twenty-two hundredths feet (N 45° 09' 29" E - 47.22'), to a point on the northern existing right-of-way line of Ritner Highway; thence leaving the northern right-of-way line of Ritner Highway, by Lot No. 1 of "Deerfield", North forty-four degrees thirty-six minutes twenty-five seconds West, two hundred eighty and thirty-five hundredths feet (N 44° 36' 25" W - 280.35'), to a point; thence continuing by Lot No. 1 of "Deerfield", North forty-six degrees zero minutes forty-nine seconds East, three hundred seventeen and twenty hundredths feet (N 46° 00' 49" E - 317.20') to a point; thence continuing by Lot No. 1 of "Deerfield", North seventy-three degrees fifty-five minutes forty-three seconds East, forty-five and one hundredths feet (N 73° 55' 43" E - 45.01') to a point on the western right-of-way line of Deerfield Lane; thence along the western right-of-way line of Deerfield Lane on a curve concave to the east, having a central angle of 30° 41' 27", a radius of 530.00', an arc length of 283.90', and the chord thereof being North zero degrees forty-three minutes thirty-four seconds West, two hundred eighty and fifty-one minutes (N 00° 43' 34" W - 280.51'), to a point on the western right-of-way line of Deerfield Lane; thence continuing on the western right-of-way line of Deerfield Lane, North fourteen degrees thirty-seven minutes nine seconds East, one hundred fifteen and twenty-one hundredths feet (N 14° 37' 09" E - 115.21'), to a point on the western right-of-way line of Deerfield Lane; thence continuing on the western right-of-way line of Deerfield Lane on a curve concave to the west having a central angle of 74° 13' 16", a radius of 595.00', an arc length of 770.76', the chord thereof being North twenty-two degrees twenty-nine minutes twenty-nine seconds West, seven hundred seventeen and ninety-nine hundredths feet (N 22° 29' 29" W 717.99'), to a point on the western right-of-way line of Deerfield Lane; thence leaving the western right-of-way line of Deerfield Lane and by Lot No. 3 of "Deerfield", South thirty-six degrees fifty minutes fifty-seven seconds West, one thousand six hundred thirty-nine and sixteen hundredths feet (S 36° 50' 57" W - 1,639.16') to a point on line of lands of Shippensburg Mobile Estates, Inc.; thence by lands of Shippensburg Mobile Estates, Inc., North forty-five degrees four minutes five seconds West, nine hundred two and ninety- nine hundredths feet (N 45° 04' 05" W 902.99'), to a point; thence continuing by lands of Shippensburg Mobile Estates, Inc., South forty-six degrees five minutes two seconds West, one thousand one hundred ninety-five and fifty-five hundredths feet (S 46° 05' 02" W - 1,195.55') to a point; thence continuing by lands of Shippensburg Mobile Estates, Inc., South thirty-six degrees forty-one minutes thirteen seconds East, four hundred ninety-nine and twenty hundredths feet (S 36° 41' 13" E - 499.20'), to a point; thence continuing by lands of Shippensburg Mobile Estates, Inc., South forty-six degrees thirteen minutes fifty-nine seconds East, six hundred ninety-six and twenty-eight hundredths feet (S 46° 13' 59" E - 696.28'), to a point, being the northeastern corner of lands of Pennsylvania Electric Co.; thence by lands of William S. & Mary T. Craig, North forty-six degrees thirty-two minutes one second West, six hundred ninety-six and seventy-one hundredths feet (N 46° 32' 01" W 696.71'), to a point; thence by lands of Paul E. & Grace Hornbaker, North thirty-six degrees forty-one minutes forty-five seconds West, five hundred and ninety-three hundredths feet (N 36° 41' 45" W - 500.93% to a point; thence by lands of Laverne B. & Norene S. Sensenig, North forty-six degrees five minutes two seconds East, one thousand four hundred thirty-one and ninety- four hundredths feet (N 46° 05' 02" E - 1,431.94'), to a 1" iron pipe (found); thence continuing by lands of Laverne B. and Norene S. Sensenig, North fifty degrees forty-two minutes twenty-eight seconds West, five hundred forty and twenty-two hundredths feet (N 50° 42' 28" W - 540.22'), to a No. 5 rebar (set); thence continuing by lands of Laverne B. and Norene S. Sensenig, North fifteen degrees thirty-four minutes fifty seconds East, one hundred ninety-five and sixteen hundredths feet (N 15° 34' 50" E - 195.16% to a 1" iron pipe (found); thence continuing by lands of Laverne B. and Norene S. Sensenig, North fifteen degrees fifty-four minutes two seconds East, six hundred thirty-four and eighty-eight hundredths feet (N 15° 54' 02" E - 634.88'), to a 1" iron pipe (found); thence by lands of Ray E. and Jean L. Thrush, North eighty-five degrees zero minutes thirty-five seconds East, eight hundred forty-two and ninety-three hundredths feet (N 85° 00' 35" E - 842.93'), to a 1" iron pipe (found); thence by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North eighty-five degrees fifty- two minutes twelve seconds East, one thousand seven hundred eighty-six and fifty hundredths feet (N 85° 52' 12" E - 1,786.50'), to a 1" iron pipe (found); thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North thirty-nine degrees fifty-three minutes sixteen seconds East, seventy-four and twenty-six hundredths feet (N 39° 53' 16" E - 74.26'), to a No. 5 rebar (set); thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, South forty-seven degrees twenty-eight minutes two seconds East, three hundred twenty- one and ninety-three hundredths feet (S 47° 28' 02" E - 321.93"), to a 30" cherry tree; thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North forty-two degrees forty-four minutes twenty-three seconds East, five hundred thirteen and one hundredth feet (N 42° 44' 23" E - 513.01') to a fence post; thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, South thirty-five degrees thirty-nine minutes thirty-three seconds East, eighty-five and seventy-six hundredths feet (S 35° 39' 33" E 85.76'), to a railroad spike (found) in the old roadbed of Newville Road; thence in and along Newville Road, South twenty-five degrees twenty-one minutes five seconds East, two hundred twenty-four and nine hundredths feet (S 25° 21' 05" E - 224.09'), to a point in or near the existing centerline of Newville Road; thence in or near the centerline of Newville Road, South twenty-nine degrees forty-five minutes ten seconds East, eight hundred fifty-nine and fifty-five hundredths feet (S 29° 45' 10" E - 859.55'), to a point in the centerline intersection of Newville Road and Ritner Highway, the point of Beginning. CONTAINING 127.544 Acres. BEING THE SAME PREMISES which Trust Investment Group, LLC, a Pennsylvania Limited Liability Corporation, by deed dated October 12, 2007 and recorded October 16, 2007 in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument No. 200739593, granted and conveyed unto DGK Properties, LP, its successors and assigns. EXCEPTING therefrom the following tracts of land: ALL THAT CERTAIN tract of land situate at the north intersection of Deerfield Lane and Inverness Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 303 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200934950 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 13, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Jericho Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 382 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #201106706 recorded in the office for the Recording of Deeds in and for Cumberland Co. on February 28, 2011. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 144 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #201013738 recorded in the office for the Recording of Deeds in and for Cumberland Co. on May 27, 2010. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 145 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200936393 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 27, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 146 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942672 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 147 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942673 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 275 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942674 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 276 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942675 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 277 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942676 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 278 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942677 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 279 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942678 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 280 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942679 recorded in the office for the Recording of Deeds in and for Cumberland Co. on December 29, 2009. 607267 / 29791.001 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNWLY4N15? CIVIL ACTION - LAW c = ? z v FIRST COMMONWEALTH BANK Plaintiff -a No. DGK PROPERTIES, LP Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 First Commonwealth Bank, Plaintiff in the above action, by and through its attorneys, Susan P. Peipher, Esquire and Blakinger, Byler & Thomas, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1041 Rittner Highway, Southampton Township: 1. Name and address of Owner(s) or Reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DGK Properties, LP 701 Creekside Lane, Lititz, PA 17543 2. Name and address of Defendant in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) DGK Properties, LP 701 Creekside Lane, Lititz, PA 17543 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Trust Investment Group, LLC 95 Brum Blvd., Chambersburg, PA 17201 Fulton Bank 2747 Century Blvd., Wyomissing, PA 19610 Albert Kirkner and Brian McNew 95 Brum Blvd., Chambersburg, PA 17201 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) Cumberland Co. Tax Claim Bureau 1 Courthouse Square, Old Courthouse Room 106, 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: Name Address (if address cannot be reasonably ascertained, please so indicate) 2 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: Name Address (if address cannot be reasonably ascertained, please so indicate) (Attach separate sheet if more space is needed) I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. BLA"N, ER, BYLER OMAS, P.C. By: Susan eipher, Esquire Date: ( ? 00607275 / (29791.001) BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (- (717) 299-1100 C c h? Attorneys for Plaintiff MW ? m x -v -.0m 7 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENI??,V ?' CIVIL ACTION - LAW ?Q ° y? s ? MC) C-) FIRST COMMONWEALTH BANK „ ? Plaintiff V. DGK PROPERTIES, LP No. ) /' 6r 6 3 e ;-,) J Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 That the Sheriffs Sale of Real Property (Real Estate) will be held on December 7, 2011, in CUMBERLAND COUNTY COURTHOUSE, 1 Courthouse Square, Carlisle, Pennsylvania at _.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1041 Rittner Highway, Southampton Township No. ARE: THE JUDGMENT under or pursuant to which your property is being sold is docketed to EXECUTION NO. THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY DGK PROPERTIES, LP -A 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 twenty (20) 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, One Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU CANNOT AFFORD A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of 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 Sheriffs 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 at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney 2 14` for the creditor or on the creditor at least two (2) business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, before presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. SHERIFF 00607280 / (29791.001) 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK , Plaintiff N ° -71 No w ~r . C) DGK PROPERTIES, LP c , -n ° Defendant =C a ' ?x -)? K Cn -70' NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON -< NOTICE OF DEFENDANT'S RIGHTS To: DGK Properties. LP (Defendant) A judgment in the amount of $8,147,576.47 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for December 7, 2011. You may have legal rights to defeat the judgment or to prevent or dely the sheriff's sale. 1. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABEL TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania (717) 249-3166 THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney for Plaintiff 28 Penn Square Lancaster, PA 17603 (717) 299-1100 00607378 / (29791.001) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. No. DGK PROPERTIES, LP Defendant PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at Street Address City, State Telephone Number Dated: Defendant 00607395 / (29791.001) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6863 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST COMMONWEALTH BANK Plaintiff (s) From DGK PROPERTIES, LP (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$8,147,576.47 Interest Atty's Comm % Atty Paid $54.00 Plaintiff Paid L.L.$.50 Due Prothy $2.00 Other Costs Date: September 1, 2011 (Seal) David D. Buell, Prothonotary '-By. ?? ta ?i Deputy REQUESTING PARTY: Name SUSAN P. PEIPHER, ESQ. Address: BLAKINGER, BYLER & THOMAS, P.C., 28 PENN SQUARE, LANCASTER, PA 17603 Attorney for: PLAINTIFF Telephone: 717-299-1100 Supreme Court ID No. 87580 • ONO P1 BLAKINGER, BYLER & THOMAS, P.C. ( l jj37 By: Susan P. Peipher, Esquire `??Attorney I.D. #87580 28 Penn Square ?(SUi°3T' Lancaster, PA 17603 L'? vVt (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. No. 11-6863 Civil Term DGK PROPERTIES, LP Defendant AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 I, SUSAN P. PEIPHF,R, attorney for the Plaintiff, do depose and say that I served a notice of the sale of Defendant's real property upon the following person and address and by the following methods: 1. Trust Investment Group, LLC, 95 Bruin Blvd., Chambersburg, PA 17201 was served via first class mail. The Form 3817 Certificate of Mailing stamped by the United States Postal Service indicating the date of mailing and completion of service to be September 9, 2011 is attached hereto as Exhibit "A." 2. Fulton Bank, 2747 Century Blvd., Wyomissing, PA 19610 was served via first class mail. The Form 3817 Certificate of Mailing stamped by the United States Postal Service indicating the date of mailing and completion of service to be September 9, 2011 is attached hereto as Exhibit "A." 3. Brian McNew, 95 Bruin Blvd., Chambersburg, PA 17201 was served via first t class mail. The Form 3817 Certificate of Mailing stamped by the United States Postal Service indicating the date of mailing and completion of service to be September 9, 2011 is attached hereto as Exhibit "A." 4. Albert Kirkner, LLC, 95 Brum Blvd., Chambersburg, PA 17201 was served via first class mail. The Form 3817 Certificate of Mailing stamped by the United States Postal Service indicating the date of mailing and completion of service to be September 9, 2011 is attached hereto as Exhibit "A." 5. Cumberland County Tax Claim Bureau, 1 Courthouse Square, Old Courthouse, Room 106, Carlisle, PA 17013 was served via first class mail. The Form 3817 Certificate of Mailing stamped by the United States Postal Service indicating the date of mailing and completion of service to be September 9, 2011 is attached hereto as Exhibit "A." I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to 2 unsworn falsification to authorities. BLAKI t ER, BYLER HOMAS, AC. 1 By. Susan . Peipher, Esquire Dated: 00608148/ (29791.001) e r.b (Al -I eco UNITEDSTArES a POSTAtSERVKE® Certificate Of Wiling ia__f that ,ail ias 62e?p rtri rUEr? i_. marina ?? Th., ,n 11 1 -i--d frr --t, , an_ Lr aborsi :nail - From: _ ?S_-hamI Pp ,p :{ S <ka51,1 Laticu S&r, PA f WX 3 -..TCt,st-? ve fineslf <, , <, n L l To r ---- ?f ,_:> F ?er.? ra P.? 17aU ( - c?a ° ?" r > CJS -_> ?J 9 ?„t M t:: P PS Form 3817, April 2007 PSN 7530-02-000-9065 POSTALSERVKEs Certificate Of Mailina a UNITEDSTATES This Certificate ofMeilirc p id _ ide that mail n keen Ares-re: tc. USPS'cw toi maUing This term may b u,ed f?r? ?me?t _ ar 7 t_rratora' mail From: <- ;l n L ias`ff?PL, uyleF N!t C lips C L(`, -.rAwix Cl?rl SauQr'_ ?____ _ V}sfir To: -iL 8 E:F3 0 - 2-Zq7 ?d a 1 e?? ou .., C? iy r, UI 0 nu 1TI PS Form 3817, April 2007 PSN 7530-02-000-9065 " UNITEDSMTES 0 a -/? ? r ?- To: 7 , A POSTALSERVKE0 Certificate Of Mailing Th mFcate of Mailing provides eodem, that mail has e t t s f 1 may be used for domestie and intemational mai - - 3 From: -? I ?C111aa bl vd AAA e -sbirg, PA 17doL_ Hasler '0 ;•' a, D ;, C) X11 ,a I -J N PS Form 3817, April 2007 PSN 7530-02-000-9065 Exhi hl-L "'A" P=AL SERME® Certificate Of Mailing ThsC-q,f,i atw Of Maing; i- r ethat a[I rac-c- Ldt F??-.` r?r This form ma, be ?a, 1 to ^/?? n 7 'ternah a rail From: } ?L3n an17?'f? i a UNITEDSTATES aR reran y9ULCrP _ "I a51 l??! 9 A ct Pq 17.0 3 41P V To: .A5 Drum arnber Lk r C, rn L? PS Form 3817, April 2007 pSN 7530-02-000-9065 UNnwSTAM 06fr LSERVICE® L Certificate Of Mailing This Certificate of Mailing provides evldence that mall ha=_ heen pre;entad ro '-F mull bar This fonn maybe used for domestic ana internahona'- maJ - ing From _ STE 1 n e D t ?f v H7sk L 7e To: i I I /1 ?? ., ?? n0? r `t _J COltrfllcus' ?SgutirP _ _ T - 6b PS Form 3817. April 2007 PSN 7530-02-000-9065 &h A, t 0A C3 n {=; ,. a ?a W a F d4 !R i S6{? lOR IIM a , n xt i *. Ya po G? t7 f Y: r a 4 ?t b >B w Ix IX U. IA D Ii .Yf. • x a ) ? BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. No. DGK PROPERTIES, LP Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 First Commonwealth Bank, Plaintiff in the above action, by and through its attorneys, Susan P. Peipher, Esquire and Blakinger, Byler & Thomas, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1041 Rittner Highway, Southampton Township: 1. Name and address of Owner(s) or Reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DGK Properties, LP 701 Creekside Lane, Lititz, PA 17543 2. Name and address of Defendant in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) DGK Properties, LP 701 Creekside Lane, Lititz, PA 17543 . 1 10 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Trust Investment Group, LLC 95 Brum Blvd., Chambersburg, PA 17201 Fulton Bank 2747 Century Blvd., Wyomissing, PA 19610 Albert Kirkner and Brian McNew 95 Brum Blvd., Chambersburg, PA 17201 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) Cumberland Co. Tax Claim Bureau 1 Courthouse Square, Old Courthouse Room 106, 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: Name Address (if address cannot be reasonably ascertained, please so indicate) 2 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: Name Address (if address cannot be reasonably ascertained, please so indicate) (Attach separate sheet if more space is needed) I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. BLAKIN . ER, BYLER A-WOMAS, P. C. t By: Susan eipher, Esquire Date: '? { 00607275 / (29791.001) a 1 .8 d z - d3S HOZ vci ', "e s;fJ iAI1 jNS 3H ?G 3JI ? G' BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. 487580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. No. DGK PROPERTIES, LP Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 That the Sheriffs Sale of Real Property (Real Estate) will be held on December 7, 2011, in CUMBERLAND COUNTY COURTHOUSE, 1 Courthouse Square, Carlisle, Pennsylvania at _.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1041 Rittner Highway, Southampton Township THE JUDGMENT under or pursuant to which your property is being sold is docketed to No. EXECUTION NO. THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY ARE: DGK PROPERTIES, LP 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 twenty (20) 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, One Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU CANNOT AFFORD A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of 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 Sheriffs 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 at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney 2 i for the creditor or on the creditor at least two (2) business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, before presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. SHERIFF 00607280 / (29791.001) ALL THAT CERTAIN tract of land located on the north side of Ritner Highway (SR- 011), also known as US Route 11 and on the west side ofNewville Road (SR-0533), also known as PA Route 533, said tract is situate partly in Southampton Township and situate partly in Shippensburg Township, Cumberland County, Pennsylvania, more fully on a Final Subdivision and Land Development Plan of "Deerfield" prepared by ELA Group, Inc. and recorded as Instrument No. 200739185, said tract of land bounded and described as follows: BEGINNING at a point in the centerline intersection of Ritner Highway and Newville Road, thence in the centerline of Ritner Highway, on a curve concave to the south having a central angle of 2° 07' 08", a radius of 11,459.16', an arc length of 423.79', and the chord thereof being South fifty-four degrees twenty-eight minutes fifty-seven seconds West, four hundred twenty-three and seventy-seven hundredths feet (S 54° 28' 57" W - 423.77'), to a point in Ritner Highway; thence continuing in the centerline of Ritner Highway, South fifty-three degrees twenty-five minutes twenty-three seconds West, one thousand two hundred eighty-six and fifty-four hundredths feet (S 53° 25' 23" W - 1,286.54') to a point in the centerline of Ritner Highway; thence continuing in the centerline of Ritner Highway, on a curve concave to the south, having a central angle of 8° 30' 00", a radius of 5,729.58', an arc length of 850.00', and the chord thereof being South forty-nine degrees ten minutes twenty-three seconds West, eight hundred forty- nine and twenty-two hundredths feet (S 49° 10' 23" W - 849.22'), to a point in the centerline of Ritner Highway; thence continuing in the centerline of Ritner Highway, South forty-four degrees fifty-five minutes twenty-three seconds West, three hundred eighty-four and eighty-three hundredths feet (S 44° 55' 23" W - 384.83'), to a point in the centerline of Ritner Highway; thence leaving Ritner Highway, partially by lands of Amerigas Propane, LP, North forty-five degrees fifty-six minutes thirty-one seconds West, twenty-five and zero hundredths feet (N 45° 56' 31" W - 25.00'), to a point on the existing northern right-of-way line of Ritner Highway; thence along the existing northern right-of-way line of Ritner Highway, North forty-four degrees fifty-five minutes twenty- three seconds East, three hundred eighty-five and twenty hundredths feet (N 44° 55' 23" E - 385.20'), to a point on the existing northern right-of-way line of Ritner Highway; thence continuing on the existing northern right-of-way line of Ritner Highway on a curve concave to the south having a central angle of 00° 28' 13", a radius of 5,754.28', an arc length of 47.22', and the chord thereof being North forty-five degrees nine minutes twenty-nine seconds East, forty-seven and twenty-two hundredths feet (N 45° 09' 29" E - 47.22'), to a point on the northern existing right-of-way line of Ritner Highway; thence leaving the northern right-of-way line of Ritner Highway, by Lot No. 1 of "Deerfield", North forty-four degrees thirty-six minutes twenty-five seconds West, two hundred eighty and thirty-five hundredths feet (N 44° 36' 25" W - 280.35'), to a point; thence continuing by Lot No. 1 of "Deerfield", North forty-six degrees zero minutes forty-nine seconds East, three hundred seventeen and twenty hundredths feet (N 46° 00' 49" E - 317.20') to a point; thence continuing by Lot No. 1 of "Deerfield", North seventy-three degrees fifty-five minutes forty-three seconds East, forty-five and one hundredths feet (N 73" 55' 43" E - 45.01') to a point on the western right-of-way line of Deerfield Lane; thence along the western right-of-way line of Deerfield Lane on a curve concave to the east, having a central angle of 30° 41' 27", a radius of 530.00', an arc length of 283.90', and the chord thereof being North zero degrees forty-three minutes thirty-four seconds West, two hundred eighty and fifty-one minutes (N 00° 43' 34" W - 280.51'), to a point on the western right-of-way line of Deerfield Lane; thence continuing on the western right-of-way line of Deerfield Lane, North fourteen degrees thirty-seven minutes nine seconds East, one hundred fifteen and twenty-one hundredths feet (N 14° 37' 09" E - 115.2l'), to a point on the western right-of-way line of Deerfield Lane; thence continuing on the western right-of-way line of Deerfield Lane on a curve concave to the west having a central angle of 74° 13' 16", a radius of 595.00', an are length of 770.76', the chord thereof being North twenty-two degrees twenty-nine minutes twenty-nine seconds West, seven hundred seventeen and ninety-nine hundredths feet (N 22° 29' 29" W 717.99'), to a point on the western right-of-way line of Deerfield Lane; thence leaving the western right-of-way line of Deerfield Lane and by Lot No. 3 of "Deerfield", South thirty-six degrees fifty minutes fifty-seven seconds West, one thousand six hundred thirty-nine and sixteen hundredths feet (S 36° 50' 57" W - 1,639.16') to a point on line of lands of Shippensburg Mobile Estates, Inc.; thence by lands of Shippensburg Mobile Estates, Inc., North forty-five degrees four minutes five seconds West, nine hundred two and ninety- nine hundredths feet (N 45° 04' 05" W 902.991), to a point; thence continuing by lands of Shippensburg Mobile Estates, Inc., South forty-six degrees five minutes two seconds West, one thousand one hundred ninety-five and fifty-five hundredths feet (S 46° 05' 02" W - 1,195.55') to a point; thence continuing by lands of Shippensburg Mobile Estates, Inc., South thirty-six degrees forty-one minutes thirteen seconds East, four hundred ninety-nine and twenty hundredths feet (S 36° 41' 13" E - 499.20'), to a point; thence continuing by lands of Shippensburg Mobile Estates, Inc., South forty-six degrees thirteen minutes fifty-nine seconds East, six hundred ninety-six and twenty-eight hundredths feet (S 46° 13' 59" E - 696.28'), to a point, being the northeastern corner of lands of Pennsylvania Electric Co.; thence by lands of William S. & Mary T. Craig, North forty-six degrees thirty-two minutes one second West, six hundred ninety-six and seventy-one hundredths feet (N 46° 32' 01" W 696.71'), to a point; thence by lands of Paul E. & Grace Hornbaker, North thirty-six degrees forty-one minutes forty-five seconds West, five hundred and ninety-three hundredths feet (N 36° 41' 45" W - 500.93'), to a point; thence by lands of Laverne B. & Norene S. Sensenig, North forty-six degrees five minutes two seconds East, one thousand four hundred thirty-one and ninety- four hundredths feet (N 46° 05' 02" E - 1,431.94'), to a 1" iron pipe (found); thence continuing by lands of Laverne B. and Norene S. Sensenig, North fifty degrees forty-two minutes twenty-eight seconds West, five hundred forty and twenty-two hundredths feet (N 50° 42' 28" W - 540.22'), to a No. 5 rebar (set); thence continuing by lands of Laverne B. and Norene S. Sensenig, North fifteen degrees thirty-four minutes fifty seconds East, one hundred ninety-five and sixteen hundredths feet (N 15° 34' 50" E - 195.16'), to a 1" iron pipe (found); thence continuing by lands of Laverne B. and Norene S. Sensenig, North fifteen degrees fifty-four minutes two seconds East, six hundred thirty-four and eighty-eight hundredths feet (N 15° 54' 02" E - 634.881), to a 1" iron pipe (found); thence by lands of Ray E. and Jean L. Thrush, North eighty-five degrees zero minutes thirty-five seconds East, eight hundred forty-two and ninety-three hundredths feet (N 85° 00' 35" E - 842.93), to a 1" iron pipe (found); thence by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North eighty-five degrees fifty- two minutes twelve seconds East, one thousand seven hundred eighty-six and fifty hundredths feet (N 85° 52' 12" E - 1,786.50'), to a 1" iron pipe (found); thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North thirty-nine degrees fifty-three minutes sixteen seconds East, seventy-four and twenty-six hundredths feet (N 39° 53' 16" E - 74.26'), to a No. 5 rebar (set); thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, South forty-seven degrees twenty-eight minutes two seconds East, three hundred twenty- one and ninety-three hundredths feet (S 47° 28' 02" E - 321.93"), to a 30" cherry tree; thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North forty-two degrees forty-four minutes twenty-three seconds East, five hundred thirteen and one hundredth feet (N 42° 44' 23" E - 513.01') to a fence post; thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, South thirty-five degrees thirty-nine minutes thirty-three seconds East, eighty-five and seventy-six hundredths feet (S 35° 39' 33" E 85.76'), to a railroad spike (found) in the old roadbed of Newville Road; thence in and along Newville Road, South twenty-five degrees twenty-one minutes five seconds East, two hundred twenty-four and nine hundredths feet (S 25° 21' 05" E - 224.09'), to a point in or near the existing centerline of Newville Road; thence in or near the centerline of Newville Road, South twenty-nine degrees forty-five minutes ten seconds East, eight hundred fifty-nine and fifty-five hundredths feet (S 29° 45' 10" E - 859.55'), to a point in the centerline intersection of Newville Road and Ritner Highway, the point of Beginning. CONTAINING 127.544 Acres. BEING THE SAME PREMISES which Trust Investment Group, LLC, a Pennsylvania Limited Liability Corporation, by deed dated October 12, 2007 and recorded October 16, 2007 in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument No. 200739593, granted and conveyed unto DGK Properties, LP, its successors and assigns. EXCEPTING therefrom the following tracts of land: ALL THAT CERTAIN tract of land situate at the north intersection of Deerfield Lane and Inverness Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 303 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200934950 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 13, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Jericho Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 382 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #201106706 recorded in the office for the Recording of Deeds in and for Cumberland Co. on February 28, 2011. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 144 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #201013738 recorded in the office for the Recording of Deeds in and for Cumberland Co. on May 27, 2010. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 145 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200936393 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 27, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 146 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942672 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 147 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942673 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 275 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument 9200942674 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 276 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942675 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 277 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942676 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 278 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument 4200739185, which tract was conveyed as Instrument #200942677 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 279 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942678 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 280 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942679 recorded in the office for the Recording of Deeds in and for Cumberland Co. on December 29, 2009. 607267 / 29791.001 0 ! :8 V Z- d3S i101 ?1L?HSIjI ?Ji ? 0 ALL THAT CERTAIN tract of land located on de north side of Ritner Highway of Newville Road (SR-0533), (also 011), also known as US Route 11 and on the west known as PA Route 533, said tract is situate County, Pennsylvania, more fullylonta partly in Shippensburg Township, Cum Y Final Subdivision and Land Development Plan of "Deerfield" prepared by ELA Group, Inc. and recorded as Instrument No. 200739185, said tract of land bounded and described as follows: BEGINNING at a point in the centerline intersection of Ritner Highway and Newville Road, thence in the centerline of Ritner Highway, on a curve concave to the south having a central angle of 2° 07' 08", a radius of 11,459.16', an arc length of 423.79', and the chord thereof being South fifty-four degrees twenty-eight minutes fifty-seven seconds West, four hundred twenty-three and seventy-seven hundredths feet (S 54° 28' 57" W - 423.77'), to a point in Ritner Highway; thence continuing in the centerline of Ritner Highway, South fifty-three degrees twenty-five minutes twenty-three seconds West, one thousand two hundred eighty-six and fifty-four hundredths feet (S 53° 25' 23" W - 1,286.54') to a point in the centerline of Ritner Highway; thence continuing in the centerline of Ritner Highway, on a curve concave to the south, having a central angle of 8° 30' 00", a radius of 5,729.58', an arc length of 850.00', and the chord thereof being South forty-nine degrees ten minutes twenty-three seconds West, eight hundred forty- nine and twenty-two hundredths feet (S 49° 10' 23" W - 849.22'), to a point in the centerline of Ritner Highway; thence continuing in the centerline of Ritner Highway, South forty-four degrees fifty-five minutes twenty-three seconds West, three hundred eighty-four and eighty-three hundredths feet (S 441 55' 23" W - 384.831), to a point in the centerline of R.itner Highway; thence leaving Ritner Highway, partially by lands of Amerigas Propane, LP, North forty-five degrees fifty-six minutes thirty-one seconds West, twenty-five and zero hundredths feet (N 45° 56' 31" W - 25.00'), to a point on the existing northern right-of-way line of Ritner Highway; thence along the existing northern right-of-way line of Ritner Highway, North forty-four degrees fifty-five minutes twenty- three seconds East, three hundred eighty-five and twenty hundredths feet (N 44° 55' 23" E - 385.20'), to a point on the existing northern right-of-way line of Ritner Highway; thence continuing on the existing northern right-of-way line of Ritner Highway on a curve concave to the south having a central angle of 00° 28' 13", a radius of 5,754.28', an arc length of 47.22', and the chord thereof being North forty-five degrees nine minutes twenty-nine seconds East, forty-seven and twenty-two hundredths feet (N 45° 09' 29" E - 47.22'), to a point on the northern existing right-of-way line of Ritner Highway; thence leaving the northern right-of-way line of Ritner Highway, by Lot No. 1 of "Deerfield" North forty-four degrees thirty-six minutes twenty-five seconds West, two hundr eighty and thirty-five hundredths feet (N 44° 36' 25" W - 280.35'), to a point; th, continuing by Lot No. 1 of "Deerfield", North forty-six degrees zero minutes fort- seconds East, three hundred seventeen and twenty hundredths feet (N 46° 00' 317.20') to a point; thence continuing by Lot No. 1 of "Deerfield", North sevF degrees fifty-five minutes forty-three seconds East, forty-five and one hundree 73° 55' 43" E - 45.01') to a point on the western right-of-way line of De thence along the western right-of-way line of Deerfield Lane on a curve east, having a central angle of 30° 41' 27", a radius of 530.00', an arc length of 283.90', and the chord thereof being North zero degrees forty-three minutes thirty-four seconds West, two hundred eighty and fifty-one minutes (N 00° 43' 34" W - 280.51'), to a point on the western right-of-way line of Deerfield Lane; thence continuing on the western right-of-way line of Deerfield Lane, North fourteen degrees thirty-seven minutes nine seconds East, one hundred fifteen and twenty-one hundredths feet (N 14° 37' 09" E - 115.21'), to a point on the western right-of-way line of Deerfield Lane; thence continuing on the western right-of-way line of Deerfield Lane on a curve concave to the west having a central angle of 74° 13' 16", a radius of 595.00', an arc length of 770.76', the chord thereof being North twenty-two degrees twenty-nine minutes twenty-nine seconds West, seven hundred seventeen and ninety-nine hundredths feet (N 22° 29' 29" W 717.99'), to a point on the western right-of-way line of Deerfield Lane; thence leaving the western right-of-way line of Deerfield Lane and by Lot No. 3 of "Deerfield", South thirty-six degrees fifty minutes fifty-seven seconds West, one thousand six hundred thirty-nine and sixteen hundredths feet (S 36° 50' 57" W - 1,639.16') to a point on line of lands of Shippensburg Mobile Estates, Inc.; thence by lands of Shippensburg Mobile Estates, Inc., North forty-five degrees four minutes five seconds West, nine hundred two and ninety- nine hundredths feet (N 45° 04' 05" W 902.99'), to a point; thence continuing by lands of Shippensburg Mobile Estates, Inc., South forty-six degrees five minutes two seconds West, one thousand one hundred ninety-five and fifty-five hundredths feet (S 46° 05' 02" W - 1,195.55') to a point; thence continuing by lands of Shippensburg Mobile Estates, Inc., South thirty-six degrees forty-one minutes thirteen seconds East, four hundred ninety-nine and twenty hundredths feet (S 36° 41' 13" E - 499.20'), to a point; thence continuing by lands of Shippensburg Mobile Estates, Inc., South forty-six degrees thirteen minutes fifty-nine seconds East, six hundred ninety-six and twenty-eight hundredths feet (S 46° 13' 59" E - 696.28'), to a point, being the northeastern corner of lands of Pennsylvania Electric Co.; thence by lands of William S. & Mary T. Craig, North forty-six degrees thirty-two minutes one second West, six hundred ninety-six and seventy-one hundredths feet (N 46° 32' 01" W 696.71'), to a point; thence by lands of Paul E. & Grace Hombaker, North thirty-six degrees forty-one minutes forty-five seconds West, five hundred and ninety-three hundredths feet (N 36° 41' 45" W - 500.93'), to a point; thence by lands of Laverne B. & Norene S. Sensenig, North forty-six degrees five minutes two seconds East, one thousand four hundred thirty-one and ninety- four hundredths feet (N 46° 05' 02" E - 1,431.94'), to a 1" iron pipe (found); thence continuing by lands of Laverne B. and Norene S. Sensenig, North fifty degrees forty-two minutes twenty-eight seconds West, five hundred forty and twenty-two hundredths feet (N 50° 42' 28" W - 540.22'), to a No. 5 rebar (set); thence continuing by lands of Laverne B. and Norene S. Sensenig, North fifteen degrees thirty-four minutes fifty seconds East, one hundred ninety-five and sixteen hundredths feet (N 15° 34' 50" E - 195.16'), to a 1" iron pipe (found); thence continuing by lands of Laverne B. and Norene S. Sensenig, North fifteen degrees fifty-four minutes two seconds East, six hundred thirty-four and eighty-eight hundredths feet (N 15° 54' 02" E - 634.88'), to a 1" iron pipe (found); thence by lands of Ray E. and Jean L. Thrush, North eighty-five degrees zero minutes thirty-five seconds East, eight hundred forty-two and ninety-three hundredths feet (N 85° 00' 35" E - 842.93'), to a 1" iron pipe (found); thence by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North eighty-five degrees fifty- two minutes twelve seconds East, one thousand seven hundred eighty-six and fifty hundredths feet (N 85° 52' 12" E - 1,786.501), to a 1" iron pipe (found); thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North thirty-nine degrees fifty-three minutes sixteen seconds East, seventy-four and twenty-six hundredths feet (N 39° 53' 16" E - 74.26'), to a No. 5 rebar (set); thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, South forty-seven degrees twenty-eight minutes two seconds East, three hundred twenty- one and ninety-three hundredths feet (S 47° 28' 02" E - 321.93"), to a 30" cherry tree; thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North forty-two degrees forty-four minutes twenty-three seconds East, five hundred thirteen and one hundredth feet (N 42° 44' 23" E - 513.01') to a fence post; thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, South thirty-five degrees thirty-nine minutes thirty-three seconds East, eighty-five and seventy-six hundredths feet (S 35° 39' 33" E 85.76'), to a railroad spike (found) in the old roadbed of Newville Road; thence in and along Newville Road, South twenty-five degrees twenty-one minutes five seconds East, two hundred twenty-four and nine hundredths feet (S 25° 21' 05" E - 224.091), to a point in or near the existing centerline of Newville Road; thence in or near the centerline of Newville Road, South twenty-nine degrees forty-five minutes ten seconds East, eight hundred fifty-nine and fifty-five hundredths feet (S 29° 45' 10" E - 859.55'), to a point in the centerline intersection of Newville Road and Ritner Highway, the point of Beginning. CONTAINING 127.544 Acres. BEING THE SAME PREMISES which Trust Investment Group, LLC, a Pennsylvania Limited Liability Corporation, by deed dated October 12, 2007 and recorded October 16, 2007 in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument No. 200739593, granted and conveyed unto DGK Properties, LP, its successors and assigns. EXCEPTING therefrom the following tracts of land: ALL THAT CERTAIN tract of land situate at the north intersection of Deerfield Lane and Inverness Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 303 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200934950 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 13, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Jericho Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 382 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #201106706 recorded in the office for the Recording of Deeds in and for Cumberland Co. on February 28, 2011. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 144 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #201013738 recorded in the office for the Recording of Deeds in and for Cumberland Co. on May 27, 2010. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 145 on a Final Subdivision Plan of "Deerfield", recorded. in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200936393 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 27, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 146 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942672 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 147 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942673 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 275 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942674 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 276 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942675 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 277 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942676 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 278 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942677 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 279 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942678 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 280 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942679 recorded in the office for the Recording of Deeds in and for Cumberland Co. on December 29, 2009. 607267 / 29791.001 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY, OF CUMBERLAND) NO 11-6863 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST COMMONWEALTH BANK Plaintiff (s) From DGK PROPERTIES, LP (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$8,147,576.47 Interest Atty's Comm % Atty Paid $54.00 Plaintiff Paid Date: September 1, 2011 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs 0la?CL- David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name SUSAN P. PEIPHER, ESQ. Address: BLAKINGER, BYLER & THOMAS, P.C., 28 PENN SQUARE, LANCASTER, PA 17603 Attorney for: PLAINTIFF Telephone: 717-299-1100 Supreme Court ID No. 87580 TRUE COPY FROM RECORD h Testimony wharecf, I here unto set my hand WW VOMW Of said OX4.8t Carlisle, Pa. . Thla day d.STt%, 20 I' ??? otary On September 2, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 1041 Ritner Highway, Shippensburg, more fully described on Exhibit "A" filed with this writ and by thi§ reference incorporated herein. Date September 2, 2011 By: (fit-t_---, Real Estate Coordinator 01 .8 b Z - d3S i WZ CUMBERLAND LAW JOURNAL Writ No. 2011-6863 Civil First Commonwealth Bank VS. DGK Properties LP Atty.: Susan P. Peipher ALL THAT CERTAIN tract of land located on the north side of Ritner Highway (SR-011), also known as US Route 11 and on the west side of Newville Road (SR-0533), also known as PA Route 533, said tract is situ- ate partly in Southampton Township and situate partly in Shippensburg Township, Cumberland County, Pennsylvania, more fully on a Final Subdivision and Land Development Plan of "Deerfield" prepared by ELA Group, Inc. and recorded as Instru- ment No. 200739185, said tract of land bounded and described as follows: BEGINNING at a point in the cen- terline intersection of Ritner Highway and Newville Road, thence in the centerline of Ritner Highway, on a curve concave to the south having a central angle of 2" 07'08", a radius of 11,459.16', an arc length of 423.79', and the chord thereof being South fifty-four degrees twenty-eight minutes fifty-seven seconds West, four hundred twenty-three and sev- enty-seven hundredths feet (S 54" 28' 57" W - 423.771, to a point in Ritner Highway; thence continuing in the centerline of Ritner Highway, South fifty-three degrees twenty-five min- utes twenty-three seconds West, one thousand two hundred eighty-six and fifty-four hundredths feet (S 53" 25' 23" W - 1,286.541 to a point in the centerline of Ritner Highway; thence continuing in the centerline of Ritner Highway, on a curve concave to the south, having a central angle of 8° 30'00", a radius of 5,729.58', an arc length of 850.00', and the chord thereof being South forty-nine de- grees ten minutes twenty-three sec- onds West, eight hundred forty-nine and twenty-two hundredths feet (S 49° 10'23* W - 849.221, to a point in the centerline of Ritner Highway; thence continuing in the centerline of Ritner Highway, South forty-four degrees fifty-five minutes twenty- three seconds West, three hundred eighty-four and eighty-three hun- dredths feet (S 44" 55' 23" W - 384.831, to a point in the centerline of Ritner Highway; thence leaving Ritner Highway, partially by lands of Amerigas Propane, LP, North forty- five degrees fifty-six minutes thirty- one seconds West, twenty-five and zero hundredths feet (N 45" 56' 31" W - 25.001, to a point on the existing northern right-of-way line of Ritner Highway; thence along the existing northern right-of-way line of Ritner Highway, North forty-four degrees fifty-five minutes twenty-three sec- onds East, three hundred eighty-five and twenty hundredths feet (N 44" 55'23" E - 385.201, to a point on the existing northern right-of-way line of Ritner Highway; thence continuing on the existing northern right-of-way line of Ritner Highway on a curve concave to the south having a central angle of 00" 28' 13", a radius of 5,754.28', an arc length of 47.22', and the chord thereof being North forty-five degrees nine minutes twenty-nine seconds East, forty- seven and twenty-two hundredths feet (N 45" 09' 29" E - 47.221, to a point on the northern existing right- of-way line of Ritner Highway; thence leaving the northern right-of-way line of Ritner Highway, by Lot No. 1 of "Deerfield", North forty-four degrees thirty-six minutes twenty-five sec- onds West, two hundred eighty and thirty-five hundredths feet (N 44° 36' 25" W - 280.351, to a point; thence continuing by Lot No. 1 of "Deerfield", North forty-six degrees zero minutes forty-nine seconds East, three hun- dred seventeen and twenty hun- dredths feet (N 46" 00' 49" E - 317.201 to a point; thence continuing by Lot No. 1 of "Deerfield", North 32 CUMBERLAND LAW JOURNAL seventy-three degrees fifty-five min- utes forty-three seconds East, forty- five and one hundredths feet (N 73" 55'43" E - 45.019 to a point on the western right-of-way line of Deerfield Lane; thence along the western right- of-way line of Deerfield Lane on a curve concave to the east, having a central angle of 30" 41' 27", a radius of 530.00', an arc length of 283.90', and the chord thereof being North zero degrees forty-three minutes thirty-four seconds West, two hun- dred eighty and fifty-one minutes (N 00" 43'34" W - 280.511, to a point on the western right-of-way line of Deerfield Lane; thence continuing on the western right-of-way line of Deer- field Lane, North fourteen degrees thirty-seven minutes nine seconds East, one hundred fifteen and twen- ty-one hundredths feet (N 14° 37109" E - 115.21'), to a point on the western right-of-way line of Deerfield Lane; thence continuing on the western right-of-way line of Deerfield Lane on a curve concave to the west having a central angle of 74" 13' 16", a radius of 595.00', an arc length of 770.76', the chord thereof being North twenty- two degrees twenty-nine minutes twenty-nine seconds West, seven hundred seventeen and ninety-nine hundredths feet (N 22° 29' 29" W 717.991, to a point on the western right-of-way line of Deerfield Lane; thence leaving the western right-of- way line of Deerfield Lane and by Lot No. 3 of "Deerfield", South thirty-six degrees fifty minutes fifty-seven sec- onds West, one thousand six hun- dred thirty-nine and sixteen hun- dredthsfeet (S 36" 50'57" W -1,639.161 to a point on line of lands of Ship- pensburg Mobile Estates, Inc.; thence by lands of Shippensburg Mobile Estates, Inc., North forty-five degrees four minutes five seconds West, nine hundred two and ninety-nine hun- dredths feet (N 45" 04'05"W 902.991, to a point; thence continuing by lands of Shippensburg Mobile Estates, Inc., South forty-six degrees five minutes two seconds West, one thousand one hundred ninety-five and fifty-five hundredths feet (S 46" 05' 02" W - 1,195.551 to apoint; thence continu- ing by lands of Shippensburg Mobile Estates, Inc., South thirty-six degrees forty-one minutes thirteen seconds East, four hundred ninety-nine and twenty hundredths feet (S 36" 41' 13" E - 499.201, to a point; thence con- tinuing by lands of Shippensburg Mobile Estates, Inc., South forty-six degrees thirteen minutes fifty-nine seconds East, six hundred ninety-six and twenty-eight hundredths feet (S 46° 13' 59" E - 696.281, to a point, being the northeastern corner of lands of Pennsylvania Electric Co.; thence by lands of William S. & Mary T. Craig, North forty-six degrees thirty-two minutes one second West, six hundred ninety-six and seventy- one hundredths feet (N 46" 32'0 1"W 696.711, to a point; thence by lands of Paul E. & Grace Hornbaker, North thirty-six degrees forty-one minutes forty-five seconds West, five hundred and ninety-three hundredths feet (N 36° 41'45" W - 500.93), to a point; thence by lands of Laverne B. & No- rene S. Sensenig, North forty-six degrees five minutes two seconds East, one thousand four hundred thirty-one and ninety-four hun- dredths feet (N 46" 05' 02" E - 1,431.941, to a 1" iron pipe (found); thence continuing by lands of La- verne B. and Norene S. Sensenig, North fifty degrees forty-two minutes twenty-eight seconds West, five hun- dred forty and twenty-two hun- dredths feet (N 50" 42' 28" W - 540.221, to a No. 5 rebar (set); thence continuing by lands of Laverne B. and Norene S. Sensenig, North fifteen degrees thirty-four minutes fifty sec- onds East, one hundred ninety-five and sixteen hundredths feet (N 15" 34'50' E - 195.161, to a 1" iron pipe (found); thence continuing by lands of Laverne B. and Norene S. Sensenig, 33 . 10 CUMBERLAND LAW JOURNAL North fifteen degrees fifty-four min- utes two seconds East, six hundred thirty-four and eighty-eight hun- dredths feet (N 15° 54' 02" E - 634.88), to a 1" iron pipe (found); thence by lands of Ray E. and Jean L. Thrush, North eighty-five degrees zero minutes thirty-five seconds East, eight hundred forty-two and ninety- three hundredths feet (N 85" 00'35" E - 842.931, to a 1" iron pipe (found); thence by lands of The Chester L. Smith and Pauline M. Smith Revo- cable Trust, North eighty-five degrees fifty-two minutes twelve seconds East, one thousand seven hundred eighty-six and fifty hundredths feet (N 85° 52' 12" E - 1,786.501, to a 1" iron pipe (found); thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North thirty-nine degrees fifty-three minutes sixteen seconds East, sev- enty-four and twenty-six hundredths feet (N 39" 53' 16" E - 74.26), to a No. 5 rebar (set); thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, South forty-seven degrees twenty- eight minutes two seconds East, three hundred twenty-one and nine- ty-three hundredths feet (S 47° 28' 02" E - 321.93"), to a 30" cherry tree; thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North forty- two degrees forty-four minutes twenty-three seconds East, five hun- dred thirteen and one hundredth feet (N 42° 44'23' E - 513.011 to a fence post; thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, South thirty- five degrees thirty-nine minutes thirty-three seconds East, eighty-five and seventy-six hundredths feet (S 35" 39' 33" E 85.76), to a railroad spike (found) in the old roadbed of Newville Road; thence in and along Newville Road, South twenty-five degrees twenty-one minutes five sec- onds East, two hundred twenty-four and nine hundredths feet (S 25° 21' 05" E - 224.091, to a point in or near the existing centerline of Newville Road; thence in or near the centerline of Newville Road, South twenty-nine degrees forty-five minutes ten sec- onds East, eight hundred fifty-nine and fifty-five hundredths feet (S 29" 45' 10" E - 859.551, to a point in the centerline intersection of Newville Road and Ritner Highway, the point of Beginning. CONTAINING 127.544 Acres. BEING THE SAME PREMISES which Trust Investment Group, LLC, a Pennsylvania Limited Liability Corporation, by deed dated October 12, 2007 and recorded October 16, 2007 in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instru- ment No. 200739593, granted and conveyed unto DGK Properties, LP, its successors and assigns. EXCEPTING therefrom the follow- ing tracts of land: ALL THAT CERTAIN tract of land situate at the north intersection of Deerfield Lane and Inverness Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 303 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instru- ment #200739185, which tract was conveyed as Instrument #200934950 recorded in the office for the Record- ing of Deeds in and for Cumberland Co. on October 13, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Jericho Lane, located in Southampton Township, Cumber- land County, Pennsylvania. Said tract of land shown more fully as Lot No. 382 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instru- ment #200739185, which tract was 34 . a CUMBERLAND LAW JOURNAL conveyed as Instrument #201106706 recorded in the office for the Record- ing of Deeds in and for Cumberland Co. on February 28, 2011. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumber- land County, Pennsylvania. Said tract of land shown more fully as Lot No. 144 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instru- ment #200739185, which tract was conveyed as Instrument #201013738 recorded in the office for the Record- ing of Deeds in and for Cumberland Co. on May 27, 2010. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumber- land County, Pennsylvania. Said tract of land shown more fully as Lot No. 145 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instru- ment #200739185, which tract was conveyed as Instrument #200936393 recorded in the office for the Record- ing of Deeds in and for Cumberland Co. on October 27, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumber- land County, Pennsylvania. Said tract of land shown more fully as Lot No. 146 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instru- ment #200739185, which tract was conveyed as Instrument #200942672 recorded in the office for the Record- ing of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumber- land County, Pennsylvania. Said tract of land shown more fully as Lot No. 147 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instru- ment #200739185, which tract was conveyed as Instrument #200942673 recorded in the office for the Record- ing of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumber- land County, Pennsylvania. Said tract of land shown more fully as Lot No. 275 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instru- ment #200739185, which tract was conveyed as Instrument #200942674 recorded in the office for the Record- ing of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumber- land County, Pennsylvania. Said tract of land shown more fully as Lot No. 276 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instru- ment #200739185, which tract was conveyed as Instrument #200942675 recorded in the office for the Record- ing of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumber- land County, Pennsylvania. Said tract of land shown more fully as Lot No. 277 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instru- ment #200739185, which tract was conveyed as Instrument #200942676 recorded in the office for the Record- 35 . 1 CUMBERLAND LAW JOURNAL ing of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumber- land County, Pennsylvania. Said tract of land shown more fully as Lot No. 278 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instru- ment #200739185, which tract was conveyed as Instrument #200942677 recorded in the office for the Record- ing of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumber- land County, Pennsylvania. Said tract of land shown more fully as Lot No. 279 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instru- ment #200739185, which tract was conveyed as Instrument #200942678 recorded in the office for the Record- ing of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumber- land County, Pennsylvania. Said tract of land shown more fully as Lot No. 280 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instru- ment #200739185, which tract was conveyed as Instrument #200942679 recorded in the office for the Record- ing of Deeds in and for Cumberland Co. on December 29, 2009. 36 r 1 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: October 21, October 28, and November 4, 2011 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. ?-' 4 " / Lisa Marie Coy, Editor SWORN TO AND SUBSCRIBED before me this 4 da of November. 2011 C -Z? "01 /-Z? - - Notary .4 i,ARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 ..The Patriot-News Co. 2020 Technology Pkwy r *Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t Paatriot Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested. in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The'Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously-passed and-adopted severally bythe stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/21/11 10/28/11 11/04/11 Sworn to a2sribed befo @ this/'6 d f N jvenber, 2011 A. D. Notary COhN?10NWE'gNotarlal OF PENNN MANL4 J rte L. Saw Lower Pm*m ? P•, Deu lnph cowi?y Nov. 26 2015 MEMBER, ? KV'_ MLA ASgDMT-MN NOTARIES 1 f s the 13atrioMews Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 2260 ACCT. # DUPLICATE BILL Of Ad Sheriff Sale 6863 51.22 $12.00 $ 614.64 Sheriff Sale 6863 51.22 $12.00 $ 614.64 Sheriff Sale 6863 51.22 $12.00 $ 614.64 10/21/11 10/28/11 11/04/11 Notary Fee I I I I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 1,848.92 JLC 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 Commonwealth Bank is the grantee the same having been sold to said grantee on the 7 day of December A.D., 2011, under and by virtue of a writ Execution issued on the 22 day of Jam, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 6863, at the suit of First Commonwealth Bank against DGK Properties LP is duly recorded as Instrument Number 20 1 1 04906. , A.D. Recorder of Deeds " ftmomm l IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of i?ilq 1tei? .k ?, of 0ll" 28' 13", a raurus or S, /J4.z6', an arc length of 47.2.', and the chord thereof being NQrth flirty-five degrees nine minutes twenty-nine seconds East, forty-seven and twenty-two hundredths feet (N 45° 09'29" E - 47.22'), td a point on the northern existing right-of-way line of Ritner Highway; thence leaving the northern right-of-way line of Ritner Highway, by Lot No. I of "Deerfield", North forty-four degrees thirty-six minutes twenty-five seconds West, two hundred eighty and thirty-five hundredths feet (N 44° 36'25" W I - 280.35), to a point; thence continuing by ' Lot No, I of "Deerfield", North forty-six degrees zero minutes forty-nine seconds r East, three hundred seventeen and twenty L hundredths feet (N 46'00'49" E - 317.20) to a point; thence continuing by Lot No. I of of "Deerfield", North seventy-three degrees N fifty-five minutes forty-three seconds East, Ic forty-five and one hundredths feet (N 73° 55°43" E - 45.01) to a point on the western °t right-of-wa ",hne of Deerfield Lane; thence P` along the western right-of-way line of I i Deerfield Lane on a curve concave to the ?F east, having a central angle of 30° 41' 27", a el radius of 530.00', an arc length of 283,90', V andpe chord thereof being North zero has degrees forty-three minutes thirty-four seconds West, two hundred eighty and fifty-one minutes (N 00° 43'34" W - 280.51'), to a point on the western right-of- way line of Deerfield Lane; thence " continuing on the western right-of-way line T of Deerfield Lane, North fourteen degrees I' thirty-seven minutes nine seconds East, one a hundred fifteen and twenty-one hundredths P" feet (N 14° 37109" E -115.21'), to a point IR on the western right-of-way line of ap Deerfield Lane; thence continuing on the .yes western right-of-way line of Deerfield Lane n3 on a curve concave to the west having a `og central angle of 74° 13' 16", a radius of I Io 595.00', an arc length of 770.76', the chord -1b' thereof being North twenty-two degrees twenty-nine minutes twenty-nine seconds West, seven hundred seventeen and ninety- nine hundredths feet (N 22°29'29" W 717.99'), to a point on the western right-of- way line of Deerfield Lane; thence leaving the western right-of-way line of Deerfield f Lane and by Lot No. 3 of "Deerfield", 7 South thirty-six degrees fifty minutes fifty- il seven seconds West, one thousand six hundred thirty-nine and sixteen hundredths d feet (S 36° 50'57" W -1,639.16') to a point d on line of lands of Shippensburg Mobile ` I Estates, Inc.; thence by lands of I Shippensburg Mobile Estates, Inc., North a forty-five degrees four minutes five seconds )H West, nine hundred two and ninety-nine no hundredths feet (N 45° 04' 05" W 902.99'), tH to a point; thence continuing by lands of IX . r ?-u Waa --44 3{uawaAUJuu A (ssarppe 10011S .10 agearob 'SA 6I0-ZZ6Z-ZI-£b'oN looter D 0I46-ItZLI V `'d L IIAMg? I I `CIVO)f 9TRAIIIISO"IM I I (g (/4gvdpnmjN Su1aq'enrenl)[sMad `jC4unoD pueltaqum, OWO47TNW4 Nq.T,T(1 'TTI.TTT-TCNMo Shippensburg Mobile Estates, Inc., South 21. 's r forty-six degrees five minutes two seconds tae West, one thousand one hundred ninety- five and W-five hundredths feet (S 46° 05' 01" W -1,195.55') to a point; thence Oil ul Contmuing by lands of Shippensburg u Mobile Estates, Inc., South thirty-six degi ees forty-one minutes thirteen seconds a East, four hundred ninety-nine and twenty . hundredths feet (S 36°41' 13" E - 499.20'), 1 i? to a point; thence continuing by lands of Shippensburg? Mobile Estates, Inc., South Kk forty-six degrees thirteen minutes fifty-nine 'O( seconds East, six hundred ninety-six and ° ' 1 twenty-eight hundredths feet (S 46 13 59" an E - 696.28'), to a point, being the u,] northeastern corner of lands of roe Pennsylvania Electric Co.; thence by lands 39 of William S. & Mary T Craig, North forty- sr six degrees thirty-two minutes one second N West, six hundred ninety-six and seventy- one hundredths feet (N 46°32'01" W 696.71'), to a point; thence by lands of Paul I` E. & Grace Hombaker, North thirty-six 'k d` degrees forty-one minutes forty-five ?f seconds West, five hundred and ninety- ? three hundredths feet (N 36°41'45" W - 500.93'), to a point; thence by lands of Laverne B. & Norene S. Sensenig, North forty-six degrees five minutes two seconds East, one thousand four hundred thirty-one and ninety-four hundredths feet (N 46° 05' 02" E -1,431.94'), to a 1" iron pipe (found); thence continuing by lands of Laverne B. and Norene S. Sensenig, North fifty degrees r forty-two minutes twenty-eight seconds West, five hundred forty and twenty-two hundredths feet (N 50° 42' 28" W - 540.22'), _ to a No. 5 rebar (set); thence continuing by lands of Laverne B. and Norene S. Sensenig, North fifteen degrees thirty-four minutes fifty seconds East, one hundred ninety-five and sixteen hundredths feet (N t 15° 34'50" E -195.16'), to a 1" iron pipe (found); thence continuing by lands of A Laverne B. and Norene S. Sensenig, North C fifteen degrees fifty-four minutes two 13; seconds Eas, six hundred thirty-four and 61 eighty-eight hundredths feet (N 15° 54'02" at E - 634.88'), to a 1" iron pipe (found); M thence by lands of Ray E. and Jean L. 19 Thrush, North eighty-five degrees zero lu minutes thirty-five seconds East, eight ai hundred forty-two and ninety-three r hundredths feet (N 85° 00' 35" E - 842.93'), to a 1" iron pipe (found); thence by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North eighty-five degrees fifty-two minutes twelve seconds East, one thousand seven hundred eighty- six and fifty hundredths feet (N 85° 52' 12" E -1,786.50'), to a 1" iron pipe (found); thence continuing by lands of The Chester L. Smith and Pauline M. Smith Revocable Trust, North thirty-nine degrees fifty-three minutes sixt;en seconds East, seventy-four and twenty -six hundredths feet (N 39° 53' 16" E- 74.26'), to a No. 5 rebar (set); thence continuing by lands of The Chester L. Smith anit Pauline M. Jmtth Revocable I Trust, Sodth forty-seven degrees twenty- I eight minutes two seconds East, three hundred tNdAty-one and ninety-three a; a hundredths feet (S 47' 28'02" E - 321.93"), 3 to a 30" cherry tree; thence continuing by ar 5 lands of The Chester L. Smith and Pauline o o M. Smith Revocable Trust, North forty-two V degrees forty-four minutes twenty-three seconds East, five hundred thirteen and one, hundredth feet (N 42' 44' 23" E - 513.01') to a fence post; thence continuing by lands of The Chester L» Smith and Pauline M. Smith Revocable Trust, South thirty-five degrees thirty-nine minutes thirty-three seconds East, eighty-five and seventy-six 11 hundredths feet (S 35' 39' 33" E 85.76'), to a railroad spike (found) in the old roadbed of Newville toad; thence in and along V. Newville Road, South twenty-five degrees 'l? twenty-one minutes five seconds East, two Vc hundred twoty-four and nine hundredths I feet (S 25' 21'05" E - 224.09'), to a point in or near the existing centerline or Newville Road; thence in or near the centerline of J Newville Road, South twenty-nine degrees forty-five minutes ten seconds East, eight hundred fifty-nine and fifty-five hundredths n feet (S 29°45' 10" E - 859.55'), to a point in the centerline intersection of Newville Road and Ritner Highway, the point of Beginning. CONTAINING 127.544 Acres. BEING THE SAME PREMISES which Trust Investment Group, LLC, a 1 Pennsylvania Limited Liability Corporation, by deed dated October 12, 2007 and I recorded October 16, 2007 in the Office for £ the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument No. 200739593, granted and conveyed unto DGK Properties, LP, its successors and assigns. EXCEPTING therefrom the following,;. tracts of land: ALL THAT CERTAIN tract of land situate ' at the north intersection of Deerfield Lane and Inverness Lane, located in Southampton Township, Cumberland a County, Pennsylvania. Said tract of land shown more fully as Lot No. 303 on a Final L Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co, as Instrument #200739185, which tract was conveyed as Instrument #200934950 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 13, M. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Jericho Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 382 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #201106706 recorded in the office for the Recording of Deeds in and for Cumberland Co. on February 28,2011. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 144 on a Final Subdivision Plan of "Deerfield", recorded u in the office for the Recording of Deeds in V and for Cumberland Co., as Instrument j, #200739185, which tract was conveyed as u Instrument #201013738 recorded in the 1r office for the `Recording of Deeds in and < for Cumberland Co. on May 27,1010. t ALL THAT CERTAIN tract of land situate ?L on the southeastern right of way of Deerfield Lane, located in Southampton ui Township, Cumberland County, (1c Pennsylvania. Said tract of land shown an more fully as Lot No. 145 on a Final )ui Subdivision Plan of "Deerfield", recorded "T in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as instrument #200936393 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 27, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, t. Pennsylvania. Said tract of land shown more fully as Lot No. 146 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as Instrument #200942672 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the southeastern right of way of Deerfield Lane, located in Southampton I Township, Cumberland County, s Pennsylvania. Said tract of land shown more fully as Lot No. 147 on a Final Subdivision Plan of "Deerfield", recorded y in the office for the Recording of Deeds in and for Cumberland Co., as Instrument #200739185, which tract was conveyed as instrument #200942673 recorded in the office for the Recording of Deeds in and for Cumberland Co. on October 29, 2009. ALL THAT CERTAIN tract of land situate on the northeastern right of way of Deerfield Lane, located in Southampton Township, Cumberland County, Pennsylvania. Said tract of land shown more fully as Lot No. 275 on a Final Subdivision Plan of "Deerfield", recorded in the office for the Recording of Deeds in I and for Cumberland Co., as Instrument #200739185, which tract was conveyed as ° Instrument #200942674 recorded in the E office for the Recording of Deeds in and t for Cumberland Co. on October 29, 2009. " 'Na THA CERTAIN tract of land situate t on the northeastern right of way of Deerfield Lane, located in Southampton 2010-3721 Civil Term I US Bank Trust National d Association L Vs p Asif Daood ;r Leah M. 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DGK PROPERTIES, LP Civil Term Defendant ORDER C') c rj • . 71 f-- - rn . < AND NOW, this /8' day of 9"A_, 2012, upon consideration of the Stipulation of the parties, it is hereby ORDERED and DECREED that the terms of the Stipulation are approved. The deadline for the Bank to file a petition against DGK and/or the Guarantors pursuant to the Deficiency Judgment Act, 42, Pa. Cons. Stat. Section 8103 (the "Petition"), shall be and hereby is to be extended to January 18, 2013. ATTEST: cc: Susan P. Peipher, Esquire (2) DGK Properties, LP p?es 1",'Ied 7f t?/!a BY THE COURT: , J 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION -LAW -- r- FIRST COMMONWEALTH BANK Case No. 2011-6863 ..~3 "`' =~-,-; Plaintiff ` ~ ~ "° ~ ~'" Civil Term ~, ~ ~~ ~ v. <o ~ c5 ~ `i; DGK PROPERTIES, LP ~ :~~ ~ " -> .~ ~ ~ ~ '~ Defendant FIRST COMMONWEALTH BANK Case No. 2011-6863 Plaintiff Civil Term v. DGK PROPERTIES, LP Defendant PRAECIPE TO SUBSTITUTE TO THE PROTHONOTARY: Please attach the original signature pages attached hereto to the Stipulation filed in the above- captioned action on July 18, 2012. THOMAS, P.C. By: Su3'~ii P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Praecipe to Substitute upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service ~ FIRST CLASS MAIL addressed as follows: DGK Properties, LP 711 Olde Hickory Road Lancaster, PA 17601 DGK Properties, LP 701 Creekside Lane Lititz, PA 17543 BLAHINGER, BYLER & THOMAS, P.C. ~~~ ~~ n q __.._.. Dated: ~ - By: Susan . Peipher, Esq ire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff 2. If it chooses, the Bank may seek the Court's approval of this Stipulation. The Bank, DGK and the Guarantors agree that, if Court approval of this Stipulation is sought by the Bank but is not immediately received, their Stipulation shall remain effective as of July 10, 2012. 3. Nothing contained in this Stipulation shall be deemed an acknowledgment by the Guarantors as to the existence, validity, enforceability or amount of any alleged deficiency claim against them or a waiver of any defenses thereto all of which are expressly reserved except any defense relating to the timeliness of the filing of a Petition filed in accordance with this Stipulation. F ~ ommo wealth ank By: Title: DGK Properties, LP By:_ Title: Michael S. Glass Margery S. Dana Victor Kicera Denise L. Kicera {sossz36s. i ~ 3 2. If it chooses, the Bank may seek the Court's approval of this Stipulation. The Bank, DGK and the Guarantors agree that, if Court approval of this Stipulation is sought by the Bank but is not immediately received, their Stipulation shall remain effective as of July 10, 2012. 3. Nothing contained in this Stipulation shall be deemed an acknowledgment by the Guarantors as to the existence, validity, enforceability or amount of any alleged deficiency claim against them or a waiver of any defenses thereto all of which are expressly reserved except any defense relating to the timeliness of the filing of a Petition filed in accordance with this Stipulation. First Commonwealth Bank By: Title: DGK Prop ies, By: Title: ~f ~'` ~ G" Mic el S. ass ~,.. Marge .Dana Victor Kicera Denise L. Kicera geoasz~s.iy3 2. If it chooses, the Bank may seek the Court's approval of this Stipulation. The Bank, DGK and the Guarantors agree that, if Court approval of this Stipulation is sought by the Bank but is not immediately received, their Stipulation shall remain effective as of July 10, 2012. 3. Nothing contained in this Stipulation shall be deemed an acknowledgment by the Guarantors as to the existence, validity, enforceability or amount of any alleged deficiency claim against them or a waiver of any defenses thereto all of which are expressly reserved except any defense relating to the timeliness of the filing of a Petition filed in accordance with this Stipulation. First Commonwealth Bank By: Title: DGK Properties, LP By:_ Title: Michael S. Glass Margery S. Dana Victor Kicera r~ /~ Denise L. K cera ,soaszsas. n 3 IN THE COURT OF COMMON PLEAS OF ,I _"} _ CUMBERLAND COUNTY,PENNSYLVANIA �`{ j:1 , - FIRST COMMONWEALTH BANK, CIVIL DIVISION e I'L AN O ,U� �: A Petitioner, No. 2011-6863 vs. PRAECIPE TO DISMISS PETITION TO DGK PROPERTIES, LP, MICHAEL S. FIX FAIR MARKET VALUE OF REAL GLASS, MARGERY S. DANA, VICTOR ESTATE PURSUANT TO 42 Pa.C.S. § 8103 KICERA,DENISE L. KICERA, and Pa.R.C.P.3276 ET SEQ Respondents. Filed on behalf of: FIRST COMMONWEALTH BANK Counsel of Record for this Party: Norman E. Gilkey,Esquire PA I.D. #34310 ngilkey@babstcalland.com Erica L.Koehl,Esquire PA I.D. #306829 ekoehl@babstcalland.com BABST, CALLAND, CLEMENTS and ZOMNIR,P.C. Two Gateway Center, 6th Floor Pittsburgh,PA 15222 (412)394-5400 Firm# 812 {B1314065.1} L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FIRST COMMONWEALTH BANK, ) CIVIL DIVISION ) Plaintiff, ) ) No. 2011-6863 vs. ) ) DGK PROPERTIES, LP, MICHAEL S. ) GLASS, MARGERY S. DANA,VICTOR ) KICERA,DENISE L. KICERA, ) ) Respondents. ) PRAECIPE TO DISMISS To the Prothonotary: Please dismiss the above captioned Petition to Fix Fair Market Value of Real Estate Pursuant to 42 Pa.C.S. §8103 and Pa.R.C.P. 3276 et seq., with prejudice. Respectfully submitted, BABST, CALLAND, CLEMENTS, and et69,4 ZOMNIR,P.C. By: (1.,z.13 Norman E. Gilkey,Esquire PA I.D.#34310 Erica L.Koehl,Esquire PA I.D.#306829 BABST, CALLAND,CLEMENTS and ZOMNIR,P.C. Two Gateway Center Pittsburgh,PA 15222 Counsel for Plaintiff {B1314065.1} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FIRST COMMONWEALTH BANK, ) CIVIL DIVISION ) Plaintiff, ) ) No. 2011-6863 vs. ) ) DGK PROPERTIES, LP, MICHAEL S. ) GLASS, MARGERY S.DANA, VICTOR ) KICERA,DENISE L. KICERA, ) ) Respondents. ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Dismiss was served on November 12, 2013,upon the following: Via First Class Mail: Via First Class Mail: DGK Properties, LP Michael S. Glass c/o Rory O. Connaughton, Esquire c/o Timothy P. Palmer,Esquire Brubaker Connaughton Gogg&Lucarelli, LLC Buchanan Ingersoll&Rooney,PC 480 New Holland Avenue, Suite 6205 One Oxford Centre Lancaster,Pennsylvania 17602 301 Grant Street, 20th Floor Pittsburgh,Pennsylvania 15219-1410 Via First Class Mail: Victor Kicera Via First Class Mail: clo Rory O. Connaughton,Esquire Margery S. Dana Brubaker Connaughton Gogg &Lucarelli, LLC clo Timothy P. Palmer,Esquire 480 New Holland Avenue, Suite 6205 Buchanan Ingersoll&Rooney, PC Lancaster,Pennsylvania 17602 One Oxford Centre 301 Grant Street,20th Floor Via First Class Mail: Pittsburgh,Pennsylvania 15219-1410 Denise L. Kicera c/o Rory O. Connaughton,Esquire Brubaker Connaughton Gogg &Lucarelli, LLC 480 New Holland Avenue, Suite 6205 Lancaster, Pennsylvania 17602 BABST, CALLAND, CLEMENTS & ZOMNIR,P.C. {61314065.1} By: WALOA- Erica L. Koehl,Esquire , PA ID No. 306829 ekoehl@babstcalland.com Two Gateway Center—6h Floor Pittsburgh, PA 15222 (412) 394-5400 Attorneys for Plaintiff (B1314065.1} 2