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Home My WebLink About11-7272IN THE COURT OF COMMON PLEAS OF , CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISIONS CO. OF CHAMBERSBURG Plaintiff, :;r-c:) -- Ci ?Y Vs. ?, --1 TYPE OF PLEADING STANLEY N. DYE and SUSAN E. DYE, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. TO: DEFENDANT(S) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE NTERED AGAINST YOU. ATTORN OR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OFTHE PLAINTIFF IS: P.O. Box 5010 Chambersburg, PA 17201 AND THE DEFENDANT(S): 35 W. North Street Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 2050 Spring Road, Carlisle, PA 17013 ATTORNEY FOR P FILED ON BEHALF OF: Farmers and Merchants Trust Co. of Chambersburg, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ?3)- m d? IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, vs. STANLEY N. DYE and SUSAN E. DYE, Defendants. NOTICE TO DEFEND NO.: You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, vs. STANLEY N. DYE and SUSAN E. DYE, Defendants. AVISO NO.: USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualq?iier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: VS. STANLEY N. DYE and SUSAN E. DYE, Defendants. CIVIL, ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Farmers and Merchants Trust Co. of Chambersburg, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Farmers and Merchants Trust Co. of Chambersburg, which has its principal place of business at P.O. Box 6010, Chambersburg, Pennsylvania 17201. 2. The Defendants, Stanley N. Dye and Susan E. Dye, are adult individuals whose last known address is 35 W. North Street, Carlisle, Pennsylvania 17013. 3. On or about March 3, 2008, Defendants executed a Promissory Note ("Note") in favor of Plaintiff in the original principal amount of $328,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about March 3, 2008, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $328,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 10, 2008, as Instrument Number 200807043. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. Plaintiff was not required to send Defendant(s) written Notice pursuant to 35 P.S. § 1680.403 (c) (Homeowners' Emergency Mortgage Assistance Act of 1983, - Act 91 of 1983), prior to commencement of this action for the reason that the aforesaid mortgaged premises is not the principal residence of Defendant. Plaintiff was not required to send Defendant(s) written notice of Plaintiff s intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that the original principal balance of the aforesaid Mortgage is more than the original principal balance threshold of the Act, and therefore, said Mortgage is not a "residential mortgage" as defined in 41 P. S. §101. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 307,566.92 Interest through 9/20/2011 $ 13,186.73 Late Charges $ 3,162.02 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 325,625.67 plus interest on the principal sum ($307,566.92) from September 20, 2011, at the rate of $52.66 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $325,625.67, with interest thereon at the rate of $52.66 per diem from September 20, 2011, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES, Dated: )I I I I Scott A. Dietterick, Esquire PA I.D. # 55650 CK & CONNELLY LLP Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" PROMISSORY NOTE RefArences in the boxes above are for Lender's use only and do not limit the app ty licab !f this document to an u?w Any item above containing y Particular loan or item. g has been omitted due to text length limitations. Borrower: Stanley N. Dye Lender: Farmers and Merchants Trust Co. of Chambersburg Susan E. Dye Commercial Services Department 609 Franklin Street 20 South Main Street Carlisle, PA 17013 P. O. Box 6010 Chambersburg, PA 17201-6010 (717) 2646116 Principal Amount: $328,000.00 Date of Note: March 3, 2008 PROMISE TO PAY. Stanley N. Dye and Susan E. Dye ("Borrower") jointly and severally promise to pay to Farman and Merchants Trust Co. of Chambersburg ("Lender"), or order, in lawful money of the United States of America, the principal amount of Three Hundred Twenty-eight Thousand & 001100 Dollars ($328,000.00), together with interest on the unpaid principal balance from March 3, 2008, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index. Borrower will pay this loan in accordance with the following payment schedule: 36 monthly consecutive principal and interest payments in the initial amount of $2,414.30 each, beginning April 1, 2008, with interest calculated on the unpaid principal balances at an initial discounted interest rate of 6.250% per annum; 203 monthly consecutive principal and interest payments in the initial amount of $2,544.95 each, beginning April 1, 2011, with interest calculated on the unpaid principal balances at an interest rate based on the New York Prima Rate as published in the Wall Street Journal. When a range of rate has been published, the higher of the rates will be used (currently 6.000%I, plus a margin of 1.000%, resulting in an initial interest rate of 7.000%; and one principal and interest payment of $2,546.92 on March 1, 2028, with interest calculated on the unpaid principal balances at an interest rate based on the New York Prime Rate as published in the Wall Street Journal. When a range of rate has been published, the higher of the rates will be used (currently 6.000%), plus a margin of 1.000%, resulting in an initial interest rate of 7.000%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any unpaid collection costs; then to any late charges; then to any accrued unpaid interest; and then to principal. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a yew of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. For the first 36 payments, the interest rate on this loan will be 6.250%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the New York Prime Rate as published in the Wail Street Journal. When a range of rate has been published, the higher of the rates will be used (the "Index"I. The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. (sender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each time there has been a change in the Index. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 6.000%. per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream, NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: IA) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and ID) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender Is entitled to the following prepayment penalty; in the event any portion of the principal amount of the Note is prepaid during the fixed-raft period of the Note, a Prepayment Premium will be due and payable by the Borrower to the Lender. The Prepayment Premium, calculated as of the payment date, will be equal to the present value of the remaining scheduled payments of principal and interest plus the present value of the principal balance due at the end of the fixed-rate period. The discount rate used to calculate the present value will be equal to the interest rate that world be charged for a now loan of like kind and quality with a fixed rate period equal to the remaining fixed rate period on the original loan. If the calculated Prepayment Premium exceeds the principal amount being prepaid, then this excess amount will be due to the Lender. If the calculated Prepayment Premium is equal to or less than the principal amount being paid, then the amount due to the Lender is zero. If the Note being prepaid was matched funded by the lender, the Prepayment Premium will be equal to the amount calculated above plus the prepayment fee incurred by the Lender to prepay its funding commitment to its funding source. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is duo. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked 'paid in full", without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment Instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Farmers and Merchants Trust Company of Chambersburg, P. O. Box 6010 Chambersburg, PA 17201-6010. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 6.000% of the unpaid portion of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 2.000 percentage point margin ("Default Rate Margin'). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. After maturity, or after this Note would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Note. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rata in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ('Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any C0111it8ral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or fond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its PROMISSORY NOTE (Continued) Page option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania wfthout regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. u PERSONAL TAX RETURNS AND FINANCIAL STATEMENTS. Borrower shall provide Lender with annual financial information, including but not limited to a personal financial statement and Federal Income Tax Return with all supporting schedules thereto, within 120 days of calendar year end or with evidence of filing, 30 days of any extension date. INTEREST RATE RENEGOTIATION. At the end of the initial fixed interest rate, at the sole and absolute option of Lender, the interest rate on the Loan may be renegotiated for another fixed interest rate term. If Lender does not offer a new interest rate or Borrower does not accept the rate as offered, the interest rate on the remaining principal balance will float at a variable rate of interest as stated above in "Payment" section above. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and arty other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of tme) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other then the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it wilt not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: Stanley N. Dye Seal) X Susan E. dye °'-? .(Seat) PROMISSORY NOTE ®?.. (Continued) Panty I LENDER: FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG X (y/' nan E. Weikert. Vice President usm nn ?? snm.om two ?.ra ?., s.w. i+, maa un .w.w. .. .?rvmm?..c m.?aoc Ra EXHIBIT "B" a?. Parcel Identification Number: 29-16-1094-025 RECORDATION REQUESTED BY: Farmers and Merchants Trust Co. of Chambersburg Commercial Services Department 20 South Main Street P. O. Box 6010 Chambersburg, PA 17201-6010 WHEN RECORDED MAIL TO: Farmers and Merchants Trust Co. of Chambersburg Commercial Services Department - 20 South Main Street P. 0. Box 6010 Chambersburg, PA 17201-6010 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $328,000.00 THIS MORTGAGE dated March 3, 2008, is made and executed between Stanley N. Dye and Susan E. Dye, whose address is 609 Franklin Street, Carlisle, PA 17013 (referred to below as "Grantor") and Farmers and Merchants Trust Co. of Chambersburg, whose address is 20 South Main Street, P. O. Box 6010, Chambersburg, PA 17201-6010 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real.property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respaet thereto; all wstar, caster rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relatin to the real property, including without limitation all minerals, oil, as, geothermal and similar matters, (the "Real Woperty") located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 2050 Spring Road, Carlisle, PA 17013. The Real Property parcel identification number is 29-16-1094025. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property, In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $328,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (t) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance wnh Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Properly, there hos bean no use, generation, rnrn:rfachsa, storage, trca:.Mcnt, dis cao!, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lander may deem appropriate to determine compliance of the MORTGAGE (Continued) Page 2 Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (21 agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during arty proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust hc!d:^g title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings- Evidence of Payment. Grantor shalt upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of MORTGAGE (Continued) Page 3 Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due curing either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or 1C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY: DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion Issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b? Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grentc. varrants and vrig forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws, Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. Al representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgago and take whatavcr other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shag reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: 11) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; 13) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes MORTGAGE (Continued) Page 4 delinquent, or {2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach' the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (t) Grantor's obligations under the Note, this Mortgage,t and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and ssa(t351c statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Persona( Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralzation. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any Indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to.any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the MORTGAGE (Continued) Page 5 Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and emcowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any compatert court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten 00) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, MORTGAGE (Continued) Page 6 without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by talefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender In the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County, Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United Statqs of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms tot otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Stanley N. Dye and Susan E. Dye and includes all co-signers and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words 'Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ('CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Stanley N. Dye and Susan E. Dye. MORTGAGE (Continued) Page 7 Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lander. The word "Lender' means Farmers and Merchants Trust Co. of Chambersburg, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated March 3, 2008, in the original principal amount of $328,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security 'deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X Stan l e y?---"---I S cal l N. Wye X ='?? G -, fSeati Susan E. Dye Signerled X g ed a r e in the presence of: Wit ss Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Farmers and Merchants Trust Co. of Chambersburg, herein is as follows: Commercial Services Department, 20 South Main Street, P. O. Box 6010, Clt bersburg, PA 7207-6010 ttorney or Agent for Mortgagee MORTGAGE (Continued) Page g INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA )SS COUNTY OF llt?ta-c( ) On this, the ro( ?/? day of _1"lGrc-L 20 08' before me ?GWI/l the undersigned Notary Public, personally appeared Stanley N. Dye and Susan E. Dye, k wn to me (or satisfactorily fxovan) to be the person whose names are subscribed to thu within instrument, and acknowledged that they executed the some for the purposes therein contained. In witness whereof, i herounto set my hand and official seal. COMMONWEAL OF PENNSYLVANIA y Public in and for the State of Notarial FP 7- MOW OWm Notiny Public NOM k1liddlebon Tmq. Gmbeiland (kunty My OOr nisalm E)Om Dec. 6, 2017 EXHIBIT A ALL those two (2) certain tracts of land, together with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey of Stephen G. Fisher, R.S., dated May 27, 1977, Drawing No. 77072, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center of Pa. Route 34, L.R. 40, at the northeast comer of Tract No. 2 herein; thence by Tract No. 2, North 62 degrees 08 minutes West 141.77 feet to a pipe; thence by land now or formerly of Chester Schlusser, North 06 degrees 41 minutes East 199.36 feet to an angle iron; thence by land now or formerly of Ray B. Sheller, North 15 degrees 21 minutes East 74.58 feet to an angle iron; thence by the same, South 74 degrees 14 minutes 30 seconds East 84.10 feet to a point in the center of Pa. Route 34; thence by the center of Pa. Route 34, South 05 degrees 43 minutes 58 seconds West 114.62 feet to a point; thence by the same, South 00 degrees 42 minutes 20 seconds East 100.00 feet to a point; thence by the same, South 06 degrees 42 minutes 04 seconds East 100 feet to a point, the place of Beginning. CONTAINING 23,186.29 square feet, exclusive of right-of=way. TRACT NO. 2. BEGINNING at a point in the center of Pa. Route 34, L.R. 40, at southeast comer of Tract No. 1 herein; thence by Tract No. 1, North 62 degrees 08 minutes West 141.77 feet to a pipe; thence by land now or formerly of Ray A. Bear, South 02 degrees 15 minutes East 325.22 feet to an iron pipe on the eastern right-of-way line of Darr Avenue; thence by the eastern right-of-way of Darr Avenue by a curve to the right with a radius of 123.5, a distance of 4.08 feet to an iron pipe; thence by the northern right-of-way line of Lakeview Drive, North 84 degrees 05 minutes 35 seconds East 152.59 feet to a point in the center of Pa. Route 34; thence by the center of Pa. Route 34, North 09 degrees 28 minutes 30 seconds West 250.00 feet to a point, the place of Beginning. CONTAINING 34,292.18 square feet exclusive of right-of-way. BEING the same real estate conveyed to Stanley N. Dye and Susan E. Dye, husband and wife, Mortgagors herein, by deed of V. George Winston and Carol G. Winston, husband and wife, dated October 16, 2001, and recorded in Cumberland County Record Book Volume 248, Page 4274. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200807043 Recorded On 3/10/2008 At 11:15:17 AM * Total Pages - 10 * Instrument Type - MORTGAGE Invoice Number -15993 User ID - RAK * Mortgagor - DYE, STANLEY N * Mortgagee - FARMERS & MERCHANTS TRUST CO OF CHAMBERSBURG * Customer - F&M * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $21.50 $11.50 $2.00 $3.00 $48.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA eg c . RECORDER O D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. wiuiioiuniiN VERIFICATION I, William A. Pryor, Vice President, on behalf of Farmers and Merchants Trust Company of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief. William A. Pryor, Vice President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy #a?ttt? ai c1liubrr,r4# wf 1 SEP 29 A 9: 15 Richard W Stewart Solicitor ?P"SY± V afl'"Farmers and Merchants Trust Co. of Chambersburg Case Number vs. Stanley N Dye (et al.) 2011-7272 SHERIFF'S RETURN OF SERVICE 09/22/2011 03:53 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 22, 2011 at 1553 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stanley N. Dye, by making known unto himself personally, at 2050 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hint personally the said true and correct copy of the same. LAM CLINE, DEPUTY 09/22/2011 03:53 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 22, 2011 at 1553 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Susan E. Dye, by making known unto Stanley N. Dye, Husband of Defendant at 2050 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the sam . y W AM CLIN , DEPUTY SHERIFF COST: $56.00 September 26, 2011 SO ANSWERS, RbNR'rY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c r_- FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO OF CHAMBERSBURG, v w No.: 11-7272 CIVIL -< r- Dn mc?l : C7-r} s Plaintiff, ISSUE NUMBER: 5 c: rU CD'' PO TYPE OF PLEADING: vs. PRAECIPE FOR DEFAULT JUD GMENT STANLEY N. DYE and (Mortgage Foreclosure) SUSAN E. DYE, Defendants. I Hereby certify that the last known address of Defendant(s) is/ar 2050 Spring Road Carlisle, PA 17013 FILED ON BEHALF OF: Farmers and Merchants Trust Co of Chambersburg, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Scott A. Die a quire Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 #I4. oo PO ATrf 433 q ?, 0?6(0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 11-7272 Civil vs. STANLEY N. DYE and SUSAN E. DYE, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO:PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Stanley N. Dye and Susan E. Dye, in the amount of $327,779.45 which is itemized as follows: Principal $ 307,566.92 Interest through 10/28/2011 $ 15,187.81 Late Charges $ 3,314.72 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 327,779.45 plus interest on the principal sum ($307,566.92) from October 12011, 2011, at the rate of $52.66 per diem, plus additional late charges, and costs (including addition escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mo aLred nrerrftec_ JAMES SMITIJ W CKI )NNELLY LLP By: Scott A. Dietteri , Attorney for Plai ii PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as e+nced/?the attached copies. $cotrA. 0-ife-rick, Esquire Sworn to and subscribed before me this 28th day of October, 2011. Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 11-7272 Civil VS. STANLEY N. DYE and SUSAN E. DYE, Defendants. : NOTICE OF ORDER, DECREE OR JUDGMENT TO: STANLEY N. DYE ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on 11 Jlah/ ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $327,779.45 plus interest on the principal sum ($307,566.92) from October 28, 2011, at the rate of $52.66 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 11-7272 Civil vs. STANLEY N. DYE and SUSAN E. DYE, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: SUSAN E. DYE ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on i I L3? II _. ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $327,779.45 plus interest on the principal sum ($307,566.92) from October 28, 2011, at the rate of $52.66 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. owl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, vs. STANLEY N. DYE and SUSAN E. DYE, Defendants. IMPORTANT NOTICE TO: Stanley N. Dye 2050 Spring Road Carlisle, PA 17013 DATE OF NOTICE: October 13, 2011 NO.: 11-7272 Civil YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 11-7272 Civil vs. STANLEY N. DYE and SUSAN E. DYE, Defendants. : AVISO IMPORTANTE A. Stanley N. Dye FECHA DEL AVISO: October 13, 2011 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR iJNO, VAYA O LLAME LA OFICINA ABAJO INDiCADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES SMITU DIE DATE: October 13, 2011 BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID CK & CONNELLY LLP Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, vs. STANLEY N. DYE and SUSAN E. DYE, Defendants. IMPORTANT NOTICE TO: Susan E. Dye 2050 Spring Road Carlisle, PA 17013 DATE OF NOTICE: October 13, 2011 NO.: 11-7272 Civil YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 11-7272 Civil vs. STANLEY N. DYE and SUSAN E. DYE, Defendants. : AVISO IMPORTANTE A. Susan E. Dye FECHA DEL AVISO: October 13, 2011 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES S DATE: October 13, 2011 BY: CK & CONNELLY LLP FIRST CLASS U.S. MAIL, POSTAGE PREPAID Scott 7X" Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SHERIFF'S OFFICE OF CUMBERLAND BOUNTY Ronny R Anderson Sheriff ?a?i?>>.ti? at ?r?urGrr/,zjra? Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE MFF Farmers and Merchants Trust Co. of Chambersburg Case Number vs. Stanley N Dye (et al.) 2011-7272 SHERIFF'S RETURN OF SERVICE 09/22/2011 03:53 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 22, 2011 at 1553 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stanley N. Dye, by making known unto himself personally, at 2050 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hint personally the said true and correct copy of the same. LAM CLINE, DEPUTY 09/22/2011 03:53 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 22, 2011 at 1553 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Susan E. Dye, by making known unto Stanley N. Dye, Husband of Defendant at 2050 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy :2;7 . W AM CLIN , DEPUTY SHERIFF COST: $56.00 SO ANSWERS, September 26, 2011 RON R ANDERSON, SHERIFF (C) CountySuite Shenff, I etcosoft. Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7272 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FARMERS AND MERCHANTS TRUST CO OF CHAMBERSBURG Plaintiff (s) From STANLEY N. DYE AND SUSAN E DYE (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$327,779.45 L.L. $.50 Interest FROM 10/29/2011 TO DATE OF SALE - $16,271.94 Atty's Comm % Due Prothy $2.00 Atty Paid $188.50 Plaintiff Paid Other Costs: Date: NOVEMBER 22, 2011 (Seal) Buell, Protho otary By: Deputy REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES, SMITH, DIETERICK & CONNELLY, LLP, PO BOX 650, HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 IN ME OaM OF CW40N PLEAS OF ClWM AM allNrY, P LVANIA Farmers and Merchants Trust Co CIVIL DIVISION of Chambersburg : File No. 11-7272 Civil (Plaintiff) . Amount Due 327,779.45 v . Interest from 10/29/11 to ? 16,271.94 date Stanley N. Dye and Susan E. : AttyI sf Corrrrm Dye Costs (Defendant(s) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR E TON Issue writ of execution in the above matter to the Sheriff of Cumberland C © '' County, for debt, interest and costs upon the following described property of r -,? :Zrn defendant(s) ? M See Exhibit "A" attached.' to Dn ? o-n ? s x PRAEECIPE FOR ATPACHMENT LION --t tv > Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a real estate of the defendant(s) described in the attached eAibitj DATE : November 22, 2011 2y . cw ?' d a ?q Ck 0- 9335- 9 0- L06 0 Signature: Print Name: against Address: James Smith Dietterick & Connelly LLP P 0 Box 650, Hershey PA 17033 +, rr s 5 ?. 06 a3y 0 Pd 5 t??J? tp`? u / ? ??e s ;1.6 Attorney for: Telephone: Plaintiff (717) 533-3280 Supreme Court ID No., 55650 (?o. S-. S0 DCA e I - L LEGAL DESCRIPTION ALL those two (2) certain tracts of land, together with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey of Stephen G. Fisher, R.S., dated May 27, 1977, Drawing No. 77072, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center of Pa. Route 34, L.R. 40, at the northeast corner of Tract No. 2 herein; thence by Tract No. 2, North 62 degrees 08 minutes West 141.77 feet to a pipe; thence by land now or formerly of Chester Schlusser, North 06 degrees 41 minutes East 199.36 feet to an angle iron; thence by land now or formerly of Ray B. Sheller, North 15 degrees 21 minutes East 74.58 feet to an angle iron; thence by the same, South 74 degrees 14 minutes 30 seconds East 84.10 feet to a point in the center of Pa. Route 34; thence by the center of Pa. Route 34, South 05 degrees 43 minutes 58 seconds West 114.62 feet to a point; thence by the same, South 00 degrees 42 minutes 20 seconds East 100.00 feet to a point; thence by the same, South 06 degrees 42 minutes 04 seconds East 100 feet to a point, the place of BEGINNING. CONTAINING 23,186.29 square feet, exclusive right-of-way. TRACT NO. 2: BEGINNING at a point in the center of Pa. Route 34, L.R. 40, at southeast corner of Tract No. 1 herein; thence by Tract No. 1, North 62 degrees 08 minutes West 141.77 feet to a pipe; thence by land now or formerly of Ray A. Bear, South 02 degrees 15 minutes East 325.22 feet to an iron pipe on the eastern right-of-way line of Darr Avenue; thence by the eastern right-of-way of Darr Avenue by a curve to the right with a radius of 123.5, a distance of 4.08 feet to an iron pipe; thence by the northern right-of-way line of Lakeview Drive, North 84 degrees 05 minutes 35 seconds East 152.59 feet to a point in the center of Pa. Route 34; thence by the center of Pa. Route 34, North 09 degrees 28 minutes 30 seconds West 250.00 feet to a point, the place of BEGINNING. CONTAINING 34,292.18 square feet exclusive of right-of-way. HAVING thereon erected a building known as 2050 Spring Road, Carlisle, Pennsylvania 17013. BEING the same premises which V. George Winston and Carol G. Winston, Husband and Wife, by Deed dated October 16, 2001 and recorded on October 19, 2001 in and for Cumberland County, in Deed Book Volume 248, Page 4274, granted and conveyed unto Susan E. Dye and Stanley N. Dye, Husband and Wife. Parcel No. 29-16-1094-025 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 11-7272 Civil VS. : STANLEY N. DYE and SUSAN E. DYE, h, te Defendants. a' zm o m- c:Zr> < N ? rn AFFIDAVIT PURSUANT TO RULE 3129.1 °? D c`} o r7 ? Farmers and Merchants Trust Co of Chambersburg, Plaintiff in the abov?io?, y sets forth as of the date the Praecipe for Writ of Execution was filed the followings information concerning the real property located at 2050 Spring Road Carlisle Na , , Pennsylvania 17013: 1. Name and Address of Owner(s) or Reputed Owner(s): STANLEY N. DYE SUSAN E. DYE 2050 Spring Road Carlisle, PA 17013 and c/o Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 2050 Spring Road Carlisle, PA 17013 and c/o Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: STANLEY N. DYE 2050 Spring Road Carlisle, PA 17013 and c/o Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 3 4. 5. SUSAN E. DYE 2050 Spring Road Carlisle, PA 17013 and c/o Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: FARMERS AND MERCHANTS TRUST Plaintiff CO OF CHAMBERSBURG Name and Address of the last record holder of every mortgage of record: FARMERS AND MERCHANTS TRUST Plaintiff CO OF CHAMBERSBURG MID PENN BANK 349 Union Street Carlisle, PA 17013 MID PENN BANK 349 Union Street Millersburg, PA 17061 Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE COMMONWEALTH OF PA PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAMES, SMITH, & CONNELLY L 11,?- II BY: 1 DATED: Scott A. Pa. I.D. #5565 ML Attorneys for y I ni P.O. Box 650 Hershey, PA 17033 (717) 533-3280 TTERICK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG, vs. Plaintiff, CIVIL DIVISION NO.: 11-7272 Civil n C -0z rn W :nm • cn r' =CD STANLEY N. DYE and SUSAN E. DYE, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Susan E. Dye 2050 Spring Road Carlisle, PA 17013 TAKE NOTICE: N 4 O N N N That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 7, 2012, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: e? -i ?'td i'T1--- rn `uc) ::c (D ---f p r,-r, -ry 2050 Spring Road Carlisle, Pennsylvania 17013 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 11-7272 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Stanley N. Dye and Susan E. Dye A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the 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. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES DATED: I ?' of BY: P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Y LLP VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Attorneys for Plaintiff LEGAL DESCRIPTION ALL those two (2) certain tracts of land, together with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey of Stephen G. Fisher, R.S., dated May 27, 1977, Drawing No. 77072, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center of Pa. Route 34, L.R. 40, at the northeast corner of Tract No. 2 herein; thence by Tract No. 2, North 62 degrees 08 minutes West 141.77 feet to a pipe; thence by land now or formerly of Chester Schlusser, North 06 degrees 41 minutes East 199.36 feet to an angle iron; thence by land now or formerly of Ray B. Sheller, North 15 degrees 21 minutes East 74.58 feet to an angle iron; thence by the same, South 74 degrees 14 minutes 30 seconds East 84.10 feet to a point in the center of Pa. Route 34; thence by the center of Pa. Route 34, South 05 degrees 43 minutes 58 seconds West 114.62 feet to a point; thence by the same, South 00 degrees 42 minutes 20 seconds East 100.00 feet to a point; thence by the same, South 06 degrees 42 minutes 04 seconds East 100 feet to a point, the place of BEGINNING. CONTAINING 23,186.29 square feet, exclusive right-of-way. TRACT NO. 2: BEGINNING at a point in the center of Pa. Route 34, L.R. 40, at southeast corner of Tract No. 1 herein; thence by Tract No. 1, North 62 degrees 08 minutes West 141.77 feet to a pipe; thence by land now or formerly of Ray A. Bear, South 02 degrees 15 minutes East 325.22 feet to an iron pipe on the eastern right-of-way line of Darr Avenue; thence by the eastern right-of-way of Darr Avenue by a curve to the right with a radius of 123.5, a distance of 4.08 feet to an iron pipe; thence by the northern right-of-way line of Lakeview Drive, North 84 degrees 05 minutes 35 seconds East 152.59 feet to a point in the center of Pa. Route 34; thence by the center of Pa. Route 34, North 09 degrees 28 minutes 30 seconds West 250.00 feet to a point, the place of BEGINNING. CONTAINING 34,292.18 square feet exclusive of right-of-way. HAVING thereon erected a building known as 2050 Spring Road, Carlisle, Pennsylvania 17013. BEING the same premises which V. George Winston and Carol G. Winston, Husband and Wife, by Deed dated October 16, 2001 and recorded on October 19, 2001 in and for Cumberland County, in Deed Book Volume 248, Page 4274, granted and conveyed unto Susan E. Dye and Stanley N. Dye, Husband and Wife. Parcel No. 29-16-1094-025 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 11-7272 Civil VS. STANLEY N. DYE and SUSAN E. DYE, ?3 -- - { z rn o rrn Defendants. tnnf- N r ?'rr ? p C-) NOTICE OF SHERIFF'S SALE _ O CD OF REAL PROPERTY PURSUANT TO x, C:D"' PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Stanley N. Dye 2050 Spring Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 7, 2012, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 2050 Spring Road Carlisle, Pennsylvania 17013 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 11-7272 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Stanley N. Dye and Susan E. Dye A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the 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. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland. County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, WGIM DfICK & CONNELLY LLP DATED:-) I - aa- I ' BY: Scott ???i?ick, Esquire Pa. I. !!? 50 Attorneys Mr Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL those two (2) certain tracts of land, together with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey of Stephen G. Fisher, R.S., dated May 27, 1977, Drawing No. 77072, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center of Pa. Route 34, L.R. 40, at the northeast corner of Tract No. 2 herein; thence by Tract No. 2, North 62 degrees 08 minutes West 141.77 feet to a pipe; thence by land now or formerly of Chester Schlusser, North 06 degrees 41 minutes East 199.36 feet to an angle iron; thence by land now or formerly of Ray B. Sheller, North 15 degrees 21 minutes East 74.58 feet to an angle iron; thence by the same, South 74 degrees 14 minutes 30 seconds East 84.10 feet to a point in the center of Pa. Route 34; thence by the center of Pa. Route 34, South 05 degrees 43 minutes 58 seconds West 114.62 feet to a point; thence by the same, South 00 degrees 42 minutes 20 seconds East 100.00 feet to a point; thence by the same, South 06 degrees 42 minutes 04 seconds East 100 feet to a point, the place of BEGINNING. CONTAINING 23,186.29 square feet, exclusive right-of-way. TRACT NO. 2: BEGINNING at a point in the center of Pa. Route 34, L.R. 40, at southeast corner of Tract No. 1 herein; thence by Tract No. 1, North 62 degrees 08 minutes West 141.77 feet to a pipe; thence by land now or formerly of Ray A. Bear, South 02 degrees 15 minutes East 325.22 feet to an iron pipe on the eastern right-of-way line of Darr Avenue; thence by the eastern right-of-way of Darr Avenue by a curve to the right with a radius of 123.5, a distance of 4.08 feet to an iron pipe; thence by the northern right-of-way line of Lakeview Drive, North 84 degrees 05 minutes 35 seconds East 152.59 feet to a point in the center of Pa. Route 34; thence by the center of Pa. Route 34, North 09 degrees 28 minutes 30 seconds West 250.00 feet to a point, the place of BEGINNING. CONTAINING 34,292.18 square feet exclusive of right-of-way. HAVING thereon erected a building known as 2050 Spring Road, Carlisle, Pennsylvania 17013. BEING the same premises which V. George Winston and Carol G. Winston, Husband and Wife, by Deed dated October 16, 2001 and recorded on October 19, 2001 in and for Cumberland County, in Deed Book Volume 248, Page 4274, granted and conveyed unto Susan E. Dye and Stanley N. Dye, Husband and Wife. Parcel No. 29-16-1094-025 Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - - -f {r Sheriff r Jody S Smith Chief Deputy Richard W Stewart Solicitor ????rxt}? a{ UitauGt??r?d OFD . ? -,. Lr1FF Farmers and Merchants Trust Co. of Chambersburg Case Number vs. Stanley N Dye (et al.) 2011-7272 SHERIFF'S RETURN OF SERVICE 12/29/2011 08:37 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 2050 Spring Road, Carlisle, Cumberland County, PA 17013. 01/19/2012 02:38 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be JOSEPH D BUCKLEY-ATTORNEY, who accepted as "Adult Person in Charge" for Susan E Dye at c/o Joseph D. Buckley, Esq, 1237 Holly Pike, Carlisle, Cumberland County, PA 17013. 01/19/2012 02:38 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be JOSEPH D BUCKLEY-ATTORNEY, who accepted as "Adult Person in Charge" for Stanley N Dye at c/o Joseph D. Buckley, Esq., 1237 Holly Pike, Carlisle, Cumberland County, PA 17013. 02/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $734.50 SO ANSWERS, N. _ March 21, 2012 RON R ANDERSON, SHERIFF Q a) Pd .69. (G; CountySuite Sheriff Ie.ec oft I,?C- ?fC- ?73?y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 11-7272 Civil vs. ° o STANLEY N. DYE and SUSAN E. DYE, M N ::a(= Defendants. m C o 9 NOTICE OF SHERIFF'S SALE > ) OF REAL PROPERTY PURSUANT TO . - PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Susan E. Dye 2050 Spring Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 7, 2012, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 2050 Spring Road Carlisle, Pennsylvania 17013 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 11-7272 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Stanley N. Dye and Susan E. Dye A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the 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. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the C mirt JAME" DATED: P BY: P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Y LLP Attorneys for Plaintiff LEGAL DESCRIPTION ALL those two (2) certain tracts of land, together with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey of Stephen G. Fisher, R.S., dated May 27, 1977, Drawing No. 77072, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center of Pa. Route 34, L.R. 40, at the northeast corner of Tract No. 2 herein; thence by Tract No. 2, North 62 degrees 08 minutes West 141.77 feet to a pipe; thence by land now or formerly of Chester Schlusser, North 06 degrees 41 minutes East 199.36 feet to an angle iron; thence by land now or formerly of Ray B. Sheller, North 15 degrees 21 minutes East 74.58 feet to an angle iron; thence by the same, South 74 degrees 14 minutes 30 seconds East 84.10 feet to a point in the center of Pa. Route 34; thence by the center of Pa. Route 34, South 05 degrees 43 minutes 58 seconds West 114.62 feet to a point; thence by the same, South 00 degrees 42 minutes 20 seconds East 100.00 feet to a point; thence by the same, South 06 degrees 42 minutes 04 seconds East 100 feet to a point, the place of BEGINNING. CONTAINING 23,186.29 square feet, exclusive right-of-way. TRACT. NO. 2: BEGINNING at a point in the center of Pa. Route 34, L.R. 40, at southeast corner of Tract No. 1 herein; thence by Tract No. 1, North 62 degrees 08 minutes West 141.77 feet to a pipe; thence by land now or formerly of Ray A. Bear, South 02 degrees 15 minutes East 325.22 feet to an iron pipe on the eastern right-of-way line of Darr Avenue; thence by the eastern right-of-way of Darr Avenue by a curve to the right with a radius of 123.5, a distance of 4.08 feet to an iron pipe; thence by the northern right-of-way line of Lakeview Drive, North 84 degrees 05 minutes 35 seconds East 152.59 feet to a point in the center of Pa. Route 34; thence by the center of Pa. Route 34, North 09 degrees 28 minutes 30 seconds West 250.00 feet to a point, the place of BEGINNING. CONTAINING 34,292.18 square feet exclusive of right-of-way. HAVING thereon erected a building known as 2050 Spring Road, Carlisle, Pennsylvania 17013. BEING the same premises which V. George Winston and Carol G. Winston, Husband and Wife, by Deed dated October 16, 2001 and recorded on October 19, 2001 in and for Cumberland County, in Deed Book Volume 248, Page 4274, granted and conveyed unto Susan E. Dye and Stanley N. Dye, Husband and Wife. Parcel No. 29-16-1094-025 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 11-7272 Civil vs. STANLEY N. DYE and SUSAN E. DYE, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Farmers and Merchants Trust Co of Chambersburg, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 2050 Spring Road, Carlisle, Pennsylvania 17013: 1. Name and Address of Owner(s) or Reputed Owner(s): STANLEY N. DYE 2050 Spring Road Carlisle, PA 17013 and c/o Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 SUSAN E. DYE 2050 Spring Road Carlisle, PA 17013 and c/o Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: STANLEY N. DYE 2050 Spring Road Carlisle, PA 17013 and c/o Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 r _ 3. 4. 5 SUSAN E. DYE 2050 Spring Road Carlisle, PA 17013 and c/o Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: FARMERS AND MERCHANTS TRUST Plaintiff CO OF CHAMBERSBURG Name and Address of the last record holder of every mortgage of record: FARMERS AND MERCHANTS TRUST Plaintiff CO OF CHAMBERSBURG MID PENN BANK 349 Union Street Carlisle, PA 17013 MID PENN BANK 349 Union Street Millersburg, PA 17061 Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE COMMONWEALTH OF PA PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAMES, SMITH, IETTERICK & CONNELLY LAP DATED: I I r )4:?)' - I BY: Scott A. Diett , Pa. I.D. #5565 Attorneys for 1 ntiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-7272 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FARMERS AND MERCHANTS TRUST CO OF CHAMBERSBURG Plaintiff (s) From STANLEY N. DYE AND SUSAN E DYE (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$327,779.45 L.L. $.50 Interest FROM 10/29/2011 TO DATE OF SALE - $16,271.94 Atty's Comm % Due Prothy $2.00 Atty Paid $188.50 Other Costs: Plaintiff Paid Date: NOVEMBER 22, 2011 David D. Buell, Pr thonotary (Seal) By: Deputy REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES, SMITH, DIETERICK & CONNELLY, LLP, PO BOX 650, HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand 20 and the seal;Qf said Co?ae-Ck rr; lisle, This -wry of -?'-' Mary On December 14, 2011 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 2050 Spring Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 14, 2011 By: daA.k? Real Estate Coordinator EE :Z d ZZ AN i Gz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: 11-7272 Civil vs. STANLEY N. DYE and SUSAN E. DYE, Defendants. CJI (.-.7 PRAECIPE FOR PARTIAL RELEASE OF JUDGMENT LIEN TO: PROTHONOTARY Please mark the lien of the Judgment entered at the above -captioned term and number released only as to the real property of Defendants located at 1107 Petersburg Road, Boiling Springs, Pennsylvania 17007, and more particularly described as Exhibit "A", attached hereto. JAMES SMIT Date: June VI, 2014 By: ai 1 '' & CONNELLY LLP i aAlk uk 4,110, I 410 Scott A. Dietterick, Esquire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 edsh 438iO3 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center of the Petersburg Road at line of lands of Dorothy B. Snook; thence along the center of Petersburg Road, South 26 degrees 45 minutes East, 448:85 feet to an iron pin; thence by land of Donald T. Lesher et ux and through a post at the side of the. Petersburg Road 16.32feet center line thereof) South 63 degrees 15 minutes West 349.3 feet to a point, in the center of the Old Town Run; thenceby same and the center of said Run, South 2 degrees East 458:2 feet to a point; thence by the said Donald T. Lesher et ux land; North 67 degrees 45 minutes East 528 feet to an iron pin in the center of the Petersburg' Road; thence. along the center: of the Petersburg Road, South 21 degrees. 33 minutes East 1057.34 feet to a railroad. spike in the center of the intersection of the Petersburg Road and a Mountain Road; thence alongthe center of the Mountain Road, South 61 degrees 24 minutes West 715.08 feet: to a cut nail in the bridge over the Old Town Run; thence by land of William Peiper, North 51 degrees 22 minutes West 287.98g feet to an iron pin; thence: by same, South 54 degrees 30 minutes West 150 feet to an 'iron pin;. thence by same and through an iron pin at the side of Mountain Road (13.19 feet. from the center line thereof), South 21 degrees 39 minutes East :176.47 feet to appoint in the center of the Mountain Road;. thence along; the center of the Mountain Road, North 65 degrees 8 minutes West 272:68 feet to a point; thence by same, South 86 degrees 40 minutes West 336.33 feet to a point; thence by land of Eli Otto and through a stake at. the side. of Mountain Road (9.90 feet from the center line thereof), North 4 degrees 17 minutes East 384.85 feet to a stake;. thence by same, North 13 degrees 38 minutes West 428.25 feet to a post; thence by same, North 79 degrees 19 minutes West 273.91 feet to a stake; thence by land of Dorothy B. Snook, North 39 degrees 27 minutes East 1634.27 feet to an iron pin in the, center of the Petersburg Road, the place of. BEGINNING. THE FOLLOWING conveyances are expressly reserved and excepted from the hereinabove described tract of land: 1. Deed to Charles H. Delp and Rena G. Delp, his wife, dated January 2$, 1961, and recorded in Record Book "C", Volume 20, Page 872; 2. Deed to Harry V. Gouse and Marlene E. Gouse, his wife, dated June 26, 1962, and recorded in Record Book "0", Volume 20, Page 273; 3. Deed to Melvin J. Kocker, dated December 17, 1963, and recorded in Record. Book "B", Volume 21, Page 565; 4. Deed to Glenn H. Helmick and Princess Helmick, his wife, dated July 11, :1968, and recorded in Record Book "V", Volume 22, Page 747; 5. Deed to Richard M. McCalister and Betty A. McCalister, his wife, dated March 8, 1968, and recorded. in Record Book "C", Volume 23, Page 941; - 6. Deed to Larry J. Baish and Maxine E Baish, his wife, undated, recorded October 3, 1969, in Record Book "K", Volume 23, Page 334; 7. Deed to James G. Heller, dated November 17, 1965,.and recorded in Record Book "M", Volume 23, Page 525; 8. Deed to Gary Lee Kelley and Sylvia. Jean Kelley, his wife, dated January 22, 1971, and recorded in Record Book "Y", Volume 23, Page 240; and 9. Deed to David G. Pearce and Beatrice A. Pearce, his wife, dated October 13, 1970, and recorded in Record Book "Y", Volume 23, Page 819. See also Quit Claim Deed given by Glenn O. Meals and Clara J. Meals, his wife, to Quarter Aces Hot Rod Club dated November 19, 1971,, and recorded in Cumberland County Record Book "J", Volume 24, Page 892.