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HomeMy WebLinkAbout11-8510MID PENN BANK, V. Plaintiff ROBERT E. DELLIGATTI and SARAH E. DELLIGATTI Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No./? r rn? z o C Civil - Mortgage Foreclosure ?? z C) C*' e? v` NOTICE crn YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 A-Zz e?6?a 7 3s ;-6 7A36 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO, SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 2 Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffinan@ssbc-law.com imadden@ssbc-law.com MID PENN BANK, V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Civil - Mortgage Foreclosure ROBERT E. DELLIGATTI and SARAH E. DELLIGATTI Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff Mid Penn Bank ("Plaintiff') is a Pennsylvania banking institution with a business address at 349 Union Street, Millersburg, Pennsylvania 17061. 2. Defendant Robert E. DelliGatti is an adult individual with a last known mailing address of 230 Hummel Avenue, Lemoyne, Pennsylvania 17043. 3. Defendant Sarah E. DelliGatti is an adult individual with a last known mailing address of 230 Hummel Avenue, Lemoyne, Pennsylvania 17043. Defendant Robert E. DelliGatti and Defendant Sarah E. DelliGatti are hereinafter referred to collectively as "the Defendants." 3 Count I - Mortane Foreclosure 4. Plaintiff incorporates herein by reference paragraphs 1 through 3 of this Complaint as if fully set forth herein. 5. On or about June 20, 2008, Plaintiff extended a loan, identified as loan number 500047121, to Defendants in the amount of $783,000.00 (the "Loan"). 6. To evidence its indebtedness under the Loan, Defendants contemporaneously made, executed and delivered to Plaintiff a Promissory Note dated June 20, 2008 (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A." 7. The Loan and the Note are secured by a Mortgage dated June 20, 2008 ("the Mortgage"), by which Defendants granted Plaintiff a first priority mortgage lien on real property known as 564 Gutshall Road, Monroe Township, Boiling Springs, Pennsylvania 17007 ("the Mortgaged Premises"), and more particularly described in the exhibit attached to the Mortgage, a true and correct copy of which is attached hereto as Exhibit "B." 8. The Mortgage was recorded June 26, 2008 in the Office of the Cumberland County Recorder of Deeds as Instrument Number 200821507. 9. Defendants are the record owners of the Mortgaged Premises. 10. Defendants have defaulted under the Note by failing to make payments when due. 11. Defendants have failed and refused to make payment of the amount outstanding to Plaintiff. 12. Pursuant to the Note, upon a default, Plaintiff is entitled to accelerate all of Defendants' obligations under the Note, making all outstanding amounts immediately due and payable. 4 13. Plaintiff is not required to provide Defendants with notice of its intent to foreclose pursuant to Act 6, 41 P.S. § 403, as the Mortgage is not a residential mortgage as defined in 41 P.S. § 101. 14. Plaintiff is therefore entitled to recover the following amounts: Principal Balance: $752,144.69 Interest through 11/3/2011 $ 44 344.75 Late Fees through 11/3/2 011 $ 9,327.70 TOTAL $805,817.14 plus all amounts advanced by Plaintiff in collection of the debt pursuant to the terms of the Note and loan documents, monthly late charges, reasonable attorneys' fees, and interest from November 3, 2011. WHEREFORE, Plaintiff demands that judgment in mortgage foreclosure on the mortgaged premises known as 564 Gutshall Road, Monroe Township, Boiling Springs, Pennsylvania 17007 be entered in its favor and against Defendants in the amount of $805,817.14, plus any additional interest, attorneys' fees, and costs authorized by the Note. Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN P. C. 6'-had Sn J. Schiffrnan, Esquire TSAI S. Madden, Esquire Pa. ID Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 Date: November 9, 2011 5 VERIFICATION I, Amy Custer, do hereby state, under penalty of 18 P.S. § 4904 relating to unsworn falsification to authorities, that I am an authorized representative of Plaintiff Mid Penn Bank, am authorized to give this verification on its behalf, and that the averments set forth in the foregoing complaint are true and correct to the best of my knowledge, information, and belief. Mid Penn Bank By. Am ust r 6 PROMISSORY NOTE .. .. .. _._...__...:....._......... ....... .:....:::::.: References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations. Borrower: Robert E. DelliGatti Lender: Mid Penn Bank Sarah E. DeIliGatti I Camp Hill Office 230 Hummel Avenue 2101 Market Street Lemoyne, PA 17043 Camp Hill, PA 17011 Principal Amount: $783,000.00 Interest Rate: 6.800% Date of Note: June 20, 2008 PROMISE TO PAY. Robert E. DeIliGatti and Sarah E. DeIliGatti ("Borrower") jointly and severally promise to pay to Mid Penn Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Seven Hundred Eighty-three Thousand & 00/100 Dollars ($783,000.00), together with interest at the rate of 6.800% per annum on the unpaid principal balance from June 20, 2008, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loan In accordance with the following payment schedule: The loan shall be payable over a term of twenty (20) years. Commencing July 20, 2008, the loan shall be payable in sixty (60) consecutive monthly installments, including principal and interest, in the amount of $6,023.00, based upon an amortization of twenty (20) years, with interest calculated at a rate of six and eight tenths (6.800%) percent per annum. Five (5) years from the note date Borrower shall have the option of a new fixed rate determined solely by Bank or a variable rate equal to the Wall Street Journal Prime Rate ("Index") plus one (1.00%) percent. If the fixed rate option is chosen the rate will be fixed for the next five (5) year interest rate period. If the variable rate option is chosen the interest rate change will not occur more often than each month, on the first business day of the month. The monthly installments shall be reset based upon the then outstanding principal balance, the remaining amortization period, and the interest rate, in an amount sufficient to maintain the original amortization schedule. All outstanding principal, all accrued and unpaid interest, and any other charges as may have been incurred will be due and payable in full on or before June 20, 2028. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. 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 year 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. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: A penalty of five percent (5.00%) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the first loan year; a penalty of four percent (4.001/6) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the second loan year; a penalty of three percent (3.00%) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the third loan year; a penalty of two percent (2.00°k) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the fourth loan year; a penalty of two percent (2.001/6) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the fifth loan year. The prepayment penalty shall be in effect for the original five (5) year interest rate period, and shall renew upon adjustment of the interest rate for any ensuing five (5) year interval, unless modified in writing. Notwithstanding anything to the contrary, Borrower may prepay this loan, without penalty, from internally generated funds. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it Is due. 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: Mid Penn Bank, Camp Hill Office, 2101 Market Street, Camp Hili, PA 17011. LATE CHARGE. If a payment is 15 days-or more late, Borrower will be charged 10.000% of the regularly'scheduled payment or $25.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by 5.000 percentage points. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute tin 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. 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 collateral sec ' includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Def PLAINTIFF'S 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 EX IT and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or a Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accom of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or of, or liability under, any guaranty of the indebtedness evidenced by this Note. PROMISSORY NOTE Loafi No: _ _1 21 (Continued) Page 2 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. 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 attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, 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. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated June 20, 2008, to Lender on real property described as "Real Property located at 5 Kohler Lane, Newberry Township, Etters, PA 17319" and located in York County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property described as "Real Property located at 5 Kohler Lane, Newberry Township, Etters, PA 17319" and located in York County, Commonwealth of Pennsylvania. (C) a Mortgage dated June 20, 2008, to Lender on real property described as "Real Property located at 625 S. Front Street; 37-39 N. Front Street; 173-179 S. Front Street, Steelton, PA 17113; 111-113 Fisher Avenue, Middletown, PA 17057; 2105 Derry Street; 1724 Wayne Street; 2107 Derry Street " and located in Dauphin County, Commonwealth of Pennsylvania. (D) an Assignment of All Rents to Lender on real property described as "Real Property located at 625 S. Front Street; 37-39 N. Front Street; 173-179 S. Front Street, Steelton, PA 17113; 111-113 Fisher Avenue, Middletown, PA 17057; 2105 Derry Street; 1724 Wayne Street; 2107 Derry Street " and located in Dauphin County, Commonwealth of Pennsylvania. (E) a Mortgage dated June 20, 2008, to Lender on real property described as "Real Property located at 564 Gutshall Road, Monroe Township, Boiling Springs, PA 17007" and located in Cumberland County, Commonwealth of Pennsylvania. (F) an Assignment of All Rents to Lender on real property described as "Real Property located at 564 Gutshall Road, Monroe Township, Boiling Springs, PA 17007" and located in Cumberland County, Commonwealth of Pennsylvania. (G) a life insurance policy described in an Assignment of Life Insurance Policy dated June 20, 2008. PRIMARY DEPOSIT ACCOUNTS. Borrower agrees to open and maintain its primary business deposit account ('Account") with Lender so long as this Note has an outstanding balance or loan availability. If Borrower does not open or maintain the Account with Lender, Borrower authorizes Lender to increase the interest rate on this loan by one-quarter of one percent (0.250%). INCORPORATION OF COMMITMENT LETTER. The terms and conditions of a Commitment Letter dated April 10, 2008, between Lender and Borrowers, together with any modifications and amendments, are hereby incorporated into this Note as if the Commitment Letter were restated herein in its entirety. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: Mid Penn Bank, Camp Hill Office, 2101 Market Street, Camp Hill, PA 17011. 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 any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA. OR FLSFWHFRF TO APPFAa AT AKIV Tinec Cno onoon?nirn A--- PROMISSORY NOTE Loan No: _...17121 (Continued) Page 3 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. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A C THIS NOTE IS GIVEN UNDER SEAL AND IT IS SEALED INSTRUMENT ACCORDING TO LAW- X P COPY OF THIS PROMISSORY NOTE. THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A (Seal) X ?t ??-b? - LC tb (Seal) Sar h E. DelliGatti LASER PRO LWKV9, VW- 5.75.00.001 Capt. NuftW F-1al SdWarn, Ina. 1947, 2009, Aa AWft %-.d - PA PACFOlPLl020.FC TA-5197 PR-SECUTERM W Parcel Identification Number: 22-31-2173-012 RECORDATION REQUESTED BY: Mid Penn Bank Camp Hill Office 2101 Market Street Camp Hill, PA 17011 WHEN RECORDED MAIL TO: Mid Penn Bank Camp Hill Office 2101 Market Street Camp Hill, PA 17011 FOR RECORDER'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid balances of advances and other extensions of credit, secured by the Mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises shall not exceed at any one time $783,000.00. Amount Secured Hereby: $783,000.00 THIS MORTGAGE dated June 20, 2008, is made and executed between Robert E. DelliGatti and Sarah E. DelliGatti, whose address is 230 Hummel Avenue, Lemoyne, PA 17043 (referred to below as "Grantor") and Mid Penn Bank, whose address is 2101 Market Street, Camp Hill, PA 17011 (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 respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") 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 564 Gutshall Road, Monroe Township, Boiling Springs, PA 17007. The Real Property parcel identification number is 22-31-2173-012. CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the P LAINTI R'S a MORTGAGE (Continued) Page 2 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 $783,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to 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 Lender may deem appropriate to determine compliance of the 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 (2) 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 indemnity 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 any proceeding, including appropriate appeals, so long as MORTGAGE (Continued) Page 3 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 holding 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 attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's 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 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 MORTGAGE (Continued) Page 4 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 during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) 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, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage 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 Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and MORTGAGE (Continued) Page 5 other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the 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 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 (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited 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 suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. MORTGAGE (Continued) Page 6 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 Collateralization. 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 gamishment 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 Indebtedness. 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. 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 parry under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and 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 empowers 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 competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding MORTGAGE (Continued) Page 7 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 (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. 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, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including 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 telefacsimile (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. MORTGAGE (Continued) Page 8 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 Cumberland 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 States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower„ The word 'Borrower' means Robert E. DelliGatti and Sarah E. DelliGatti 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, et 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, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et 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 Robert E. DelliGatti and Sarah E. DelliGatti. 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 MORTGAGE (Continued) Page 9 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. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Mortgage. Lender. The word "Lender" means Mid Penn Bank, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory'note dated June 20, 2008, in the original principal amount of $783,000.00 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. The maturity date of the Note is June 20, 2028. 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. GRAy,TOR: 1i ` n I1 X ?ll " ` 11UC? N"4 N (Seal) Robert E. DeifrGani X .. (Seal) arah . DelliGatti MORTGAGE (Continued) Page 10 CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Mid Penn Bank, herein is Camp Hill Office, 2101 Market Street, Camp Hill, PA 17011 for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF _ ?L( $?Y1 i.2tiY L Q YI ( ) On this th ' day of ?(Yl? 20 02 before me un , h (, 1 td , the undersigned Notary Public, personally appeared Robert E. DelliGatti and Sarah E. DelliGatti, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, 1 hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA A Notarial Seal Lori A. Richard, Notary Public Notary Public in and for the State of Lemoyne Boro, Cumberland County M Commission Expires Nov. 12, 2010 Member, Pennsylvania Association of Notaries LASER PRO Le V*. V . 5.35.00.OW Capr. HadanO Fkn @' Salty , Im- 1997,2M. AA Rlphls Res d. - PA PACF11LPL%G03.FC TR-5147 PR.SECOTERM EXHIBIT A LEGAL DESCRIPTION 564 Gutshall Road, Boiling Springs: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the East by Mountain Street; on the South by land now or formerly of Gerald R. Bower; on the West by a 16 foot alley; and on the North by land now or formerly of Milton Cameron; having a frontage on Mountain Street of 100 feet and extending at an even width, a depth of 160 feet to the alley in the rear; being improved with a 2'/2 story frame dwelling house known and numbered as 564 Gutshall Road, Boiling Springs, Pennsylvania. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200821507 Recorded On 6/26/2008 At 8:53:53 AM * Instrument Type - MORTGAGE Invoice Number - 23830 User ID - JM * Mortgagor - DELLIGATTI, ROBERT E * Mortgagee - MID PENN BANK * Customer - JOHNSON ET AL * 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 $25.50 $11.50 $2.00 $3.00 $52.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA cF cerye? RECORDER O /D7E D S 177 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. * Total Pages - 12 III 11111111111111111111111111111 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f-'1LF0_0FF1C` Sheriff i ' TR- F 'OTHONOTA,R Jody S SmithU $ jj. Chief Deputy 55 Richard W Stewart CMELA?NY SolicitorF`E PENNSYLVANIA Mid Penn Bank Case Number Robert E. Delligatti (et al.) 2011-8510 Rob's SHERIFF'S RETURN OF SERVICE 11/15/2011 07:25 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on November 15, 2011 at 1925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert E. Delligatti, by making known unto himself personally, at 230 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. GE LD WORTHINGT DEPUTY 11/15/2011 07:25 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on November 15, 2011 at 1925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sarah E. Delligatti, by making known unto herself personally, at 230 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. 21L)-A LJALV47, GERALD WORTHINGT , DEPUTY SHERIFF COST: $60.00 November 16, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c) GountySuite Sheriff. Ieiecsott. Inc. MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. : No. 2011-8510 ROBERT E. DELLIGATTI AND C -all SARAH E. DELLIGATTI rn CIVIL - MORTGAGE FORECLOSURE DEFENDANTS : colap OF JUDGMENT PURSUANT TO Pa.R.C.P. 1037(b) To the Prothonotary: -?G x ?? x F_ J rn rn c'Y tV tV c.n w ML _n -i 2 rrl -C? a"+'f qrn Please enter judgme t by default in the above-captioned matter against Defendants Robert E. DelliGatti and Sarah E. elliGatti and in favor of Plaintiff Mid Penn Bank, in the amount of $805,817.14 plus any additional interest, attorneys' fees, and costs authorized by the Note, which sum represents the amount due as set forth in the Complaint filed in this matter. Judgment by default is warranted based upon Defendant's failure to plead to the Complaint filed in this matter. Attached hereto is the ten-0y Default Judgment Notice required by Pa.R.C.P. 237.1, along with a Certificate of Service evidencing service of the Notice upon the Defendant. it Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN, PC. 1JI S en J. Schiffinan, Esquire J i S. Madden, Esquire Pa. ID Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 Attorneys for Plaintiff Date: December 19, 2011 SK-SiB SERRA.TELLI SCHIFFMAN & BROWN P.c. December 6, 2011 VIA CE TIFIED MAIL & RET RN RECEIPT REQUESTED JENI S. MADDEN Robert . DelliGatti tel 717.635.2920 230 Hummel Avenue fax 717.635.2950 Lemoyne, PA 17043 jmadden@sssc-LAw.coM RE: MID PENN BANK v. ROBERT E. DELLIGATTI AND SARAH E. DELLIGATTI Docket No. 2011-8510 2080 LINGLESTOWN RD. STE 201 ... Dear Mr. DelliGatti: HARRISBURG, PA 17110-9670 I tel 717.540.9170 nclosed herewith is a Ten Day Notice that has been issued to you in ax fax 717.540.54$1 regard to the above captioned matter. WWW. SSBC-LAW. COM 'lease be guided accordingly. II I JSM/aea. Enclos Zy cc: Custer (w/encl.) I Sincerely, SERRATELLI, SCHIFFMAN & BROWN, P.C. /-)I aG? n i S. Madden, Esquire MID PENN BANK, V. ROBERT E. DELLIGATTI AN SARAH E. DELLIGATTI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF No. 2011-8510 D CIVIL - MORTGAGE FORECLOSURE DEFENDANTS : IMPORTANT NOTICE TO: Robert E. DelliGatti 230 Hummel Avenue Lemoyne, PA 17043. I, DATE OF NOTICE: Decennl YOU ARE IN DEFA 6, 2011 T 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN, P.C. /31 dAL Jqi S. Madden, Esquire preme Court I.D. No. 209536 Serratelli, Schiffrnan & Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 2 SERRI TELLI SCHIFFMAN & BROWN P.c. S? 6, 2011 VIA CE .TIFIED MAIL & RETURN RECEIPT REQUESTED JENI S. MADDEN Sarah E. DelliGatti tel 717.635.2920 230 H el Avenue fax 717.635.2950 Lemoy e, PA 17043 jmadden@sssc-LAw.coM RE: MID PENN BANK v. ROBERT E. DELLIGATTI AND SARAH E. DELLIGATTI Docket No. 2011-8510 2080 LINGLESTOWN RD. STE 201 r HARRISBURG, PA 17110-9670 Dear M . De111Gatt1: tel 717.540.9170 nclosed herewith is a Ten Day Notice that has been issued to you in fax 717.540.5481 regard t the above captioned matter. WWW.SSBC-LAW.C0M 'lease be guided accordingly. III Sincerely, SERRATELLI, SCHIFFMAN & BROWN, P.C. Xni S. Madden, Esquire cc: Amy Custer (w/encl.) MID PENN BANK, V. ROBERT E. DELLIGATTI ANN SARAH E. DELLIGATTI TO: Sarah E. DelliGatti 230 Hummel Avenj?e Lemoyne, PA 17043. DATE OF NOTICE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF No. 2011-8510 D CIVIL - MORTGAGE FORECLOSURE DEFENDANTS : IMPORTANT NOTICE 6, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACCT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE I ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN, P.C. M u C:r.v? Je ' Madden, Esquire S eme Court I.D. No. 209536 S atelli, Schiffinan & Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 2 moll JENI S. MADDEN tel 717.635.2920 fax 717.635.2950 imadden@ssBc-LAw.com 2080 LINGLESTOWN RD. STE 201 HARRISBURG, PA 171 30-96 70 tel 717.540.9170 fax 717.540.5481 WWW.SSBC-LAW.COM ¦ Corn item late items ,.2 and 3. Also complete A H Restricted Delivery Is desired S ¦ Print so th ¦ A . our name and address 04 the l ;verse r . X we can return the card to you. R ? E3 Agent Addressee ttac (Pdrrted N A "t this card to the back of the mailpiece, ? ate of Delivery , or on he front Wspace permits. 1 Art(tNe ressed to: D. Is delivery address from ite r If YES, enter deliveq?'address tte 1 ?1C'C% X(f N r f I 4 dA \ ?) 3. Type /-z QCe?Med Mail ?ress Mail /? / ?.J ? Registered k3 Return Receipt f or Merchandise ' ? Insured Mail ? C.O.D. } 4. Restricted Delivery? (Extra Fee) ? Yes ?. ru ut;ro r moat R rro,;,rCa 70018 1140 0002 4800 3608 PS Form 811, February 2004 Domestic Return Receipt Docket No. 2011-8510 Dear Mr. DelliGat is Is delivery address art if YES, enter delivery 102595-02-M-1540 T-C ? 0 ? 3. TYPe W I l ? Express Mai CertitledMail p,aetum Receipt for Merchandise ? Registered 0 Insured Mali ? C.O.D. e A K ¦ om lets i,1# De&,rery is desired. X item 4 If IRee? on the reverse ¦ pd Your name and address so-ft at we can Mwrn the card to you. ¦ Attach this card to the back of the mail piece, or o the front 9 space permits. D 1. Arti( a Addressed to: k Q JSN Enc: 2 Ar cc: (Ft PSE E( 4. Restricted Delivery? P'tra Feel Vumber 114? OOC12 4800 3615 ?008 ?r?rutr s?1 3$11, pebnlary 2004 ; Dgomesti Return Receipt F IT ? Yes 102595-02-M-1 540 Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 imadden(a,ssbc-law. corn MID PENN BANK, V. ROBERT E. DELLIGATTI A SARAH E. DELLIGATTI To: Robert E. D : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF No. 2011-8510 D . CIVIL - MORTGAGE FORECLOSURE DEFENDANTS : You are hereby n tified that on 2011, the following (Or-der-) (Deer-ee)(Judgment) has ben entered against you in the above-captioned case. Judgment in the a ount of $805,817.14 lus ditio al accrued interest an fees. Date: 1.2 - ?,72 I hereby certify that Ithe name and address of the proper person(s) to receive this notice is: Robert E. elliGatti 230 Humm el Avenue Lemoyne, A 17043 A Robert E. DelliGatti? Defendant Por ests medio se e esta notificando que el del . 2011, el/la siguiente (Order-)( eefeta) Fallo) ha sido enotado en contra suya en el caso mencionado en al epigrafe. Fecha: Protonotario Certifico que la sioiente direccion es la del defendido/a sgeun indicade en el certificado de residencia: Robert E. elliGatti 230 Hu el Avenue Lemoyne, IPA 17043 Abogado del Demandante Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-96 0 (717) 540-9170 sschi ffinan(iD ssbc-l aw. com imadden ?ssbc-law.com MID PENN BANK, V. ROBERT E. DELLIGATTI SARAH E. DELLIGATTI To: Sarah E. DelliGatti You are hereby (Deer-ee)(Judgment) has : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF No. 2011-8510 CIVIL - MORTGAGE FORECLOSURE DEFENDANTS : tified that on Dee ?_-? , 2011, the following (der-) n entered against you in the above-captioned case. 7.14 'Aar Date: Pro notary I hereby certify that the name and address of the proper person(s) to receive this notice is: Sarah E. D lliGatti 230 Hummel Avenue Lemoyne, A 17043 A Sarah E. DelliGatti, Por ests medio se 1 esta notificando que el del , 2011, el/la siguiente (QFde (Pee.Feto) Fallo) ha sido enotado en contra suya en el caso mencionado en al epigrafe. Fecha: Protonotario Certifico que la si iente direccion es la del defendido/a sgeun indicade en el certifcado de residencia: Sarah E. elliGatti 230 Hu el Avenue Lemoyne, IPA 17043 Abogado del Demandante MID PENN BANK, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : No. 2011-8510 ROBERT E. DELLIGATTI AND SARAH E. DELLIGATTI DEFENDANTS : CIVIL - MORTGAGE AFFIDAVIT OF NON-MILITARY SERI -rt C N co 3 -.•lC7 ... C7 ..., Gl1.r. .c- I, Amy Custer, being duly sworn according to law, depose and say that I am an officer of Plaintiff Mid Penn Bank and I am authorized to make this affidavit on its behalf. I hereby affirm that to the best of my knowledge, Robert E. DelliGatti is not currently serving in the United States Military, nor in any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Mid Penn Bank Date: By: 11 A y s er Sworn to and subscribed before me this day of T???.ylLr , ?o?/• Notary Public COMMONWEALTH OF PENN IA Notarial Seal Jared M. Leonard, Notary Public Middle Paxton Twp., Dauphin County My Comml;lon Expires April 9, 2014 Member. Pennsvlvanla Association of Notaries C-) c-= MID PENN BANK, : IN THE COURT OF COMMON PLZF n ?O - : CUMBERLAND COUNTY, PENNSYI IIApa PLAINTIFF -CZ V. : No. 2011-8510 W. ? 5-n 40 o c? ROBERT E. DELLIGATTI AND - = --tr' SARAH E. DELLIGATTI t CIVIL -MORTGAGE FORECLOSURE DEFENDANTS : AFFIDAVIT OF NON-MILITARY SERVICE I, Amy Custer, being duly sworn according to law, depose and say that I am an officer of Plaintiff Mid Penn Bank and I am authorized to make this affidavit on its behalf. I hereby affirm that to the best of my knowledge, Sarah E. DelliGatti is not currently serving in the United States Military, nor in any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Mid Penn Bank - ?-- -- . - Date: By: C ? ?-, Arfy C ste Sworn to and subscribed before me this 21-7 day of otary Public COMMONWEALTH OF PENNSYLVANIA Notarial seal ]aced M. Leonard, Notary Pubilc au unty middle Paxton TWp•, co 2014 Commis anla A?sod of Member, Penns YW Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffrnamA' ssbc-law.com jmadden(cLSSbc-lawxom MID PENN BANK, V. PLAINTIFF ROBERT E. DELLIGATTI AND SARAH E. DELLIGATTI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2011-8510 CIVIL-MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. The Petition set forth in the following pages requests the Court to determine the amount which should be credited against any liability you may have to the Petitioner as a result of the purchase by the Petitioner and an execution sale of the real property described in the Petition. If you wish to defend against the Petition, you must take action within twenty (20) days after this Petition and Notice are served upon you by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the matters set forth in the Petition. 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 an), claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL, SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 DEFENDANTS PETITION TO FIX FAIR MARKET VALUE OF REAL PROPERTY PURSUANT TO 42 Pa.C.S. & 8103(a) AND NOW comes the above Plaintiff/Petitioner, Mid Penn Bank, by and through its attorneys, Serratelli, Schiffman & Brown P.C., and avers the following: 1. Petitioner Mid Penn Bank is a Pennsylvania banking institution with a business address of 349 Union Street, Millersburg, Dauphin County, Pennsylvania 17061. 2. Respondent Robert E. DelliGatti ("Respondent Robert") is an adult individual with a last known address of 230 Hummel Avenue, Lemoyne, Pennsylvania 17043. 3. Respondent Sarah E. DelliGatti ("Respondent Sarah") is an adult individual with a last known address of 230 Hummel Avenue, Lemoyne, Pennsylvania 17043. Respondent Robert and Respondent Sarah are hereinafter referred to collectively as "the Respondents." 4. This Petition is filed pursuant to § 8103(a) of the Judicial Code. 5. The execution proceedings occurred in connection with Dauphin County Court of Common Pleas Civil Docket No. 2011-CV-10829-MF after a Writ of Execution was issued upon a judgment entered by mortgage foreclosure in the amount of $805,817.14, plus all amounts advanced by Petitioner in collection of the debt pursuant to the terms of' the Note and loan documents, monthly late charges, reasonable attorneys' fees, and interest from November 3, 2011. 6. The judgment upon which a deficiency is sought was entered against Respondents based on a loan made from Petitioner to Respondents. 7. On April 19, 2012, the following properties were struck down to Mid Penn Bank at the Sheriffs Sale in Dauphin County: a. Real property known as 625 S. Front Street, Steelton, Pennsylvania a description of which is attached hereto as Exhibit "A." The fair market value of this property is $43,000.00; b. Real property known as 37-39 N. Front Street, Steelton, Pennsylvania, a description of which is attached hereto as Exhibit "B." The fair market value of this property is $120,000.00; c. Real property known as 173 S. Front Street, Steelton, Pennsylvania, a description of which is attached hereto as Exhibit "C." The fair market value of this property is $98,000.00; d. Real property known as 111-113 Fisher Avenue, Middletown, Pennsylvania, a description of which is attached hereto as Exhibit "D." The fair market value of this property is $190,000.00; e. Real property known as 1724 Wayne Street, Harrisburg, Pennsylvania, a description of which is attached hereto as Exhibit "E." The fair market value of this property is $42,000.00; 8. On or about March 21, 2012, the real properties known as 2105 Derry Street, Harrisburg, Pennsylvania and 2107 Derry Street, Harrisburg, Pennsylvania, descriptions of which are attached hereto respectively as Exhibit "F," and Exhibit "G," were sold to a bona fide purchaser through a sale free and clear of liens through the Pennsylvania Middle District Bankruptcy Court. Petitioner received net proceeds of $21,337.58 at settlement. 9. On or about April 27, 2012, the real property known as 5 Kohler Lane, Etters, Pennsylvania, a description of which is attached hereto as Exhibit "H," was sold to a bona fide purchaser through a sale free and clear of liens through the Pennsylvania Middle District Bankruptcy Court. Petitioner received net proceeds of $124,176.48 at settlement. 10. Collectively, the fair market value of the properties identified herein is $638,514.06 WHEREFORE, Petitioner requests that the Court fix the fair market value of the real property at $638,514.06. Respectfully submitted, SERRATELLI, SCHIFFMAN & BROWN P. C. S en J. Schiffman, Esquire J i S. Madden, Esquire Pa. ID Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 Date: June 18, 2012 VERIFICATION I, Amy Custer, do hereby state, under penalty of 18 P.S. § 4904 relating to unsworn falsification to authorities, that I am an authorized representative of Mid Penn Bank, am authorized to give this verification on its behalf, and that the averments set forth in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. Mid Penn Bank By: Amy ust r Date: JAS I b 26) 2 CERTIFICATE OF SERVICE I hereby certify that I today served a true and correct copy of the foregoing Petition to Fix Fair Market Value of Real Property Pursuant to 42 Pa. C.S. §8103(a), by Certified Mail, addressed to: Robert E. DelliGatti 230 Hummel Avenue Lemoyne, Pennsylvania 17043 Sarah E. DelliGatti 230 Hummel Avenue Lemoyne, Pennsylvania 17043 Jeri . Madden, Esquire %J Date: June 18, 2012 Sale # Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 Telephone (717) 540-5481 Facsimile sschiffmanCaD-ssbc-law.com Wmadden _ssbc-law.com Judgment Amount: $805,817.14 plus any costs, monthly late charges, reasonable attorneys' fees, and interest from November 1, 2011 as authorized by the Loan Documents. LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Steelton, County of Dauphin, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern line of South Front Street, which point is about 20 feet northwardly from the northeastern comer of Juneberry Alley and South Front Street, said point being on the division line separating properties Nos. 625 and 627 South Front Street; thence eastwardly along said division line and through the center of a partition wall 100 feet to a point on the western line of River Alley; thence northwardly along said line of said alley 20 feet, more or less, to a point; thence westwardly at right angles to said last mentioned line and along the line of land, now or formerly of Michael Polti, 100 feet to the eastern line of South Front Street; thence southwardly along said line of South Front Street 20 feet, more or less, to the point of BEGINNING. BEING TAX PARCEL NO. 57-009-038 PREMISES BEING: 625 South Front Street Steelton Borough Steelton, PA 17113 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Robert E. DelliGatti and Sarah E. DelliGatti, Mortgagors herein, under Judgment No. 2011-CV-10829-MF. NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds in the sale will be filed with the Sheriff of Dauphin County, Pennsylvania on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of said proceeds will be made in accordance with said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Steelton, County of Dauphin, Commonwealth of Pennsylvania, and numbered in the General Plan of Lots as Laid out in the extension of said Town of Baldwin by Henry A. Kelker with the number 10, which Plan in recorded in the Office of the Recorder of Deeds of Dauphin County, Pennsylvania, in Plan Book "A", Page 29. SAID LOT BEING SITUATE on the easterly side of North Front Street, formerly called Middletown and Harrisburg Turnpike Road, between Mulberry Alley and Pine Street with a frontage of 25 feet on North Front Street and a depth of uniform width throughout; eastwardly and at light angle to North Front Street of 100 feet to River Alley, Said lot being bounded on the upper or northerly side by land now or formerly of E. Daron and on the lower or south side by land now or formerly of S. Zimmerman. BEING TAX PARCEL NO. 59-017-021 PREMISES BEING: 37-39 North Front Street Steelton Borough Steelton, PA 17113 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Robert E. DelliGatti and Sarah E. DelliGatti, Mortgagors herein, under Judgment No. 2011-CV-10829-MF. NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds in the sale will be filed with the Sheriff of Dauphin County, Pennsylvania on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of said proceeds will be made in accordance with said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Steelton, County of Dauphin, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the easterly line of Front Street at the southwest comer of lands formerly of George C. Miller, and now or formerly of L. Lavia; thence along said lands now or formerly of Lavia 100 feet, more or less, to River Alley; thence at a right angle down said alley in a southerly direction 50 feet, more or less, to a point; thence at a right angle in a westerly direction along lands formerly of Catherine Ann Hess, and now or late of Quincy Evangelical United Brethren Orphanage and Home, 100 feet, more or less, to Front Street; thence northwardly along the eastern line of said Front Street, 50 feet, more or less, to the place of BEGINNING. BEING TAX PARCEL NO. 58-012-049 PREMISES BEING: 173-179 South Front Street Steelton Borough Steelton, PA 17113 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Robert E. DelliGatti and Sarah E. DelliGatti, Mortgagors herein, under Judgment No. 2011-CV-10829-MF. NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds in the sale will be filed with the Sheriff of Dauphin County, Pennsylvania on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of said proceeds will be made in accordance with said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. LEGAL DESCRIPTION ALL THAT UNEXPIRED TERM OF YEARS IN CERTAIN tracts or parcels of land and premises, situate, lying and being in the Borough of Middletown, County of Dauphin, and Commonwealth of Pennsylvania, more particularly described as follows, to wit: TRACT NO. 1: BEGINNING at a point in the western line of Fisher Avenue which point is on the southern line of Lot No.2 on the plan hereinafter mentioned; thence southwardly along said Fisher Avenue, 25 feet to a point in the northern line of Lot No. 34; thence westwardly along said Lot No. 34, 100 feet to a point in the line of Lot No. 42; thence northwardiy along Lot No. 42 and Lot No. 43, 25 feet to a point in the southern line of Lot No. 42; thence eastwardly along aid Lot No. 32, 100 feet to the place of EGINNING. BEING Lot No. 33 on the *Unrecorded Revised Warner Plan prepared by Rodney R. Waltemyer, a registered engineer, in 1953, and having thereon erected premises known as 113 Fisher Avenue. TRACT NO.2: BEGINNING at a point on the western side of Fisher Avenue, fronting 25 feet on the said Fisher Avenue, and extending in depth 100 feet to an alley, being 10 feet of Lot No. 40 and 15 feet of Lot No. 41, in the Plan of Lots, known as the Warner Plan, as recorded in the Office of the Recorder of Deeds of Dauphin County, Pennsylvania. HAVING thereon erected a dwelling house known and numbered as 111 Fisher Avenue, Middletown, Pennsylvania. *Prior Record Erroneously cites Unrecorded Revised Warner Plan as being recorded in Plan Book 2-A, Page 80. BEING TAX PARCEL NO. 41-016-009 and 41-016-010 PREMISES BEING: 111-113 Fisher Avenue Middletown Borough Middletown PA 17057 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Robert E. DelliGatti and Sarah E. DelliGatti, Mortgagors herein, under Judgment No. 2011-CV-10829-MF . NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds in the sale will be filed with the Sheriff of Dauphin County, Pennsylvania on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of said proceeds will be made in accordance with said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. LEGAL DESCRIPTION ALL THOSE CERTAIN two (2) tracts of land situate in the City of Harrisburg, County of Dauphin, Commonwealth of Pennsylvania, being part of Lot No. 10, Block 8, Plan A2 of Cloverly Heights, as recorded in Dauphin County Plan Book 6, Page 58, more particularly bounded and described as follows, to wit: TRACT NO.1: BEGINNING at a point on the northern side of Wayne Street which point is 70 feet west from the northwest comer of south 18th and Wayne Streets; thence northwardly along the line of property now or late of Robert H. Yarwood, et ux, 40 feet to a point; thence westwardly continuing along line of property of said Robert H. Yarwood, et ux, 30 feet to an unnamed 10 foot wide alley; thence southwardly along the east side of said unnamed alley, 40 feet to Wayne Street; thence eastwardly along the north side of Wayne Street, 30 feet to a point, the place of BEGINNING. HAVING thereon erected a single dwelling house known as 1724 Wayne Street, Harrisburg, Pennsylvania. TRACT NO.2: BEGINNING at a point on the northern side of Wayne Street, which point marked the southwest comer of lot now or late of Charles W. Lingle, et al, Tract No.1 herein; thence in an eastwardly direction along the northern side of Wayne Street for a distance of 20 inches to a point in line of land now or late of Robert H. Yarwood, et ux; thence in a northwardly direction along other lands now or late of Robert H. Yarwood, et ux, of which this was formerly a part, which line is parallel to the eastern line of lot now or late of Charles W. Lingle, et ux, and 20 inches east of the same for a distance of 40 feet; thence in a westwardly direction along other lands now or late of Robert H. Yarwood, et ux, for a distance of 20 inches to the northeastern comer of lot now or late of Charles W. Lingle, et ux, Tract No.1 herein; thence in a southwardly direction along said lot now or late of Charles W. Lingle, et UX., for a distance of 40 feet to a point on the northern line of Wayne Street, the point and place of BEGINNING. BEING a strip of land extending northwardly from Wayne Street along the eastern line of Tract No.1 for a width of 20 inches and a depth of 40 feet. BEING TAX PARCEL NO. 01-019-047 PREMISES BEING: 1724 Wavne Street City of Harrisburg Harrisburg, PA 17104 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Robert E. DelliGatti and Sarah E. DelliGatti, Mortgagors herein, under Judgment No. 2011-CV-10829-MF. NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds in the sale will be filed with the Sheriff of Dauphin County, Pennsylvania on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of said proceeds will be made in accordance with said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Thirteenth Ward of the City of Harrisburg, formerly Swatara Township, Dauphin County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Derry Street, which point is 82 feet and 3 inches, more or less, eastwardly from southeastern comer of 21 51 and Derry Street at the center of the partition wall between Houses No. 2105 and 2017 Derry Street; thence southwardly through the center of said partition wall beyond 90 feet to the center of a 4 foot wide alley; thence westwardly by the center of said alley, 16 feet and 6 inches, more or less, to the line of property now or formerly of C.G. Smith; thence nouhwardly along the line of property now or formerly C.G. Smith and through the center of a 5 foot wide open space or walk between Houses No. 2103 and 2105 Derry Street, Harrisburg, Pennsylvania, 90 feet to the southern line of Derry Street; thence eastwardly along the southern line of Derry Street, 16 feet and 6 inches, more or less, to the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 2105 Derry Street, Harrisburg, Pennsylvania. BEING TAX PARCEL NO. 13-080-012 PREMISES BEING: 2105 Derry Street City of Harrisburg Harrisburg, PA 17104 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Robert E. DelliGatti and Sarah E. DelliGatti, Mortgagors herein, under Judgment No. 2011-CV-10829-MF. NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds in the sale will be filed with the Sheriff of Dauphin County, Pennsylvania on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of said proceeds will be made in accordance with said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Thirteenth Ward of the City of Harrisburg, formerly Swatara Township, Dauphin County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern side of Derry Street, which point is 82 feet 3 inches, more or less, eastwardly from the southern comer of 21 51 and Derry Streets, at the center of the partition wall between house numbered 2015 and house numbered 2107; thence southwardly through the center of said partition wall and beyond 90 feet to the center of a 4 foot wide alley; thence eastwardly by the center of said alley 17 feet, more or less, to the line of property now or formerly of Peter Vanderloo; thence northwardly along the line of said Derry Street; thence westwardly along the southern line of Derry Street 17 feet to the place of BEGINNING. BEING Tax Parcel No. 13-080-011. ALSO BEING known and numbered as 2107 Derry Street, Harrisburg. BEING TAX PARCEL NO. 13-080-011 PREMISES BEING: 2107 Derry Street City of Harrisburg Harrisburg, PA 17104 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Robert E. DelliGatti and Sarah E. DelliGatti, Mortgagors herein, under Judgment No. 2011-CV-10829-MF. NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds in the sale will be filed with the Sheriff of Dauphin County, Pennsylvania on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of said proceeds will be made in accordance with said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. EXHIBIT A LEGAL DESCRIPTION 5 Kohler Lane, Etters: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Newberry, County of York, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the southern line of Kohler Lane (50 foot wide), which point is on the line dividing Lot Nos. G-9 and G-29, as the same are shown on the hereinafter mentioned Plan of Lots; thence South 47 degrees 11 minutes 00 seconds West along said dividing line and beyond, 194.24 feet to a point in the northern line of Lot No. G-28; thence North 46 degree 28 minutes 35 seconds West along the northern line of Lot No. G-28, 18.50 feet to a point in the line dividing Lot Nos. G-29 and G-30 on said Plan; thence North 12 degrees 36 minutes 25 seconds East along the last said dividing line, 172.50 feet to a point in the southern line of Kohler Lane; thence South 77 degrees 23 minutes 35 seconds East along said line of Kohler Lane, 107.93 feet to a point; thence continuing eastwardly along the same in a curve to the right having a radius of 125 feet, an arc distance of 75.44 feet to a point, the place of BEGINNING. BEING Lot No. G-29, as the same is shown on the Final Subdivision Plan for Kohler Lane, dated June 13, 1989, which Plan is recorded in the Office of the Recorder of Deeds of York County, Pennsylvania, in Plan Book JJ, Page 516. BEING known and numbered as 5 Kohler Lane, Etters, Pennsylvania. MID PENN BANK, Plaintiff V. ROBERT E. DELLIGATTI and SARA E. DELLIGATTI Defendants It" IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO. 2011-8510 CIVIL TERM IN RE: AMENDMENT TO PETITION TO FIX FAIR MARKET VALUE OF REAL ESTATE PROPERTY PURSUANT TO 42 Pa. C.S. § 8103(a) RULE TO SHOW CAUSE AND NOW, this 29th day of June 2012, upon consideration of the Plaintiff's Petition to Fix Fair Market Value of Real Property Pursuant to 42 Pa. C.S. §8103(x), a Rule is issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within thirty days from the date of service. BY THE COURT, Thomas IA. lacey C.P.J. Distribution List: Steven J. Schiffman, Esq. Jeni S. Madden, Esq. ., 2080 Linglestown Road, Suite 201 ?c ter"` Harrisburg, PA 17110-9670 a ;z C-> A C= N -C cn ?) ? Robert E. DelliGatti 230 Hummel Avenue Lemoyne, PA 17043 ??- ? Sarah E. DelliGatti 230 Hummel Avenue Lemoyne, PA 17043 Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffmanCD_ssbc-law com Lmadden@ssbc-law com .. . PROTIONOTAR ?012 JUL 19 PP1 1 16 CU PENNSYLVCOUNTY A MID PENN BANK, V. ROBERT E. DELLIGATTI AND SARAH E. DELLIGATTI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF DEFENDANTS No. 2011-8510 CIVIL - MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Jeni S. Madden, Esquire, attorney for the Plaintiff in the above-captioned mater, hereby certify that I served Plaintiff's Petition to Fix Fair Market Value to Defe Robert DelliGatti and Sarah DelliGatti by certified mail on June 18, 2012, as evidenced by the attached certified mail return receipts. SWORN TO AND SUBSCRIBED BEFORE ME THIS I T'_'I DAY OF Jk l y , 2012, MY E. DI PE Y, NOTA Y P BL C NOTARIAL SEAL TAMMY E DIPPERY Notary Public SUSQUEHANNA TWP, DAUPHIN COUNTY My Commission Expires Aug 6, 2012 r u Je Madden, Esquire A rney for Mid Penn Bank ¦ Complete items 1, 2, and 3. Also complete A• tune item 4 If Restricted Delivery is desired. ¦ P i X ` -0 Agent r nt your name and address on the reverse so that we t Addressee can re urn the card to you. ¦ Attach this card to the back of the maiipiece, ved b Printed erne C Date of Delivery or on the front if space permits. , -7 1. Article Addressed to: D. Is delivery address different from item 1 ' Yes / \1( /^(h &MrVI J If YES, enter delivery address below: ? No ?J d-30 gVm`cv d k 3 b 3. Se" Type Certified Mail ? Mail lCress ` ? Re i t d g s ere C1 Retum Receipt or Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2 . Article Number 7005 3110 0002 1866 2923 (riarrsferYrom sl Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 U'? Postal Service ? lti • RECE IPT o^ ti - Coverage Provided) ED 15 OFFIC IAL US?g? rq Postage $ rU O Certified Fee 0 O (EnClOf merit R?t? O r (Endontnt Re?quirred) A r -i M Total Postage & Fees LO O } . Or PO BOx Ab. M1111 11 y) A 1-5'- _. _.. _. ?. _.?.,.. ?.. ti Er . ru OFFICIAL Postage $ ti C3 Certified Fee Q O Retum Receipt Fee (Endorsement Required) C3 Restricted Delivery Fee r-3 (Endorsement Required) r-1 m Total Postage & Fees $ ul O t To or PO?t3ox No. ? ? ? ? ? / /I/1/)/lL • Complete Items 1, 2, and 3. complete A item 4 H Restricted Delivery is desired. ¦ Print your name and address on the reverse X so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, Receiv by or on the front If space permits. /Agent Addressee of Delivery 1. Article Addressed to: D. Is delivery address different from item l T Yes bO Ztt/`" l 4 Z?, If YES, enter delivery address below: 1 3 No M 93 3. ff'6 TY fled Mail ? M press ail ? Registered turn R in i t f , ece p or ? Insured Mail ? C.O.D. ercht 4. Restricted Delivery? (Extra Fee) ! Yes 2. Article Number; __._- (rransfer i?om service la 0 7 0 0 S Ps 18 6 6 2 9 7 8 ? Form 3811, February 2004 apt et u Domestic tQ25 ?2-A ij E U I ?-" 1 SERRATELLI SCHIFFMAN & BROWN r.c. June 18, 2012 David Buell, Prothonotary Cumberland County Courthouse JENI S. MADDEN 1 Courthouse Square tel717.635.2920 Carlisle, PA 17013 fax 717.685.2950 RE: MID PENN BANK v. ROBERT DELLIGATTI & SARAH DELLIGAT' jm,adden@SSbc-LAW.cOM DOCKET No. 2011-8510 Dear Sir or Madam: 208o LINGLESTOWN RD. STE 201 HARRISBURG, PA 1711o-9670 Enclosed herewith please find the original and three copies of Plaintiff's Petition to Fix Fair Market Value of Real Property for filing in tl tel 717.540.9170 above referenced matter. I would ask that you please file the original an fax 717.540.548, return the time-stamped copies to this office in the self-addressed WWW.SSBC-LAW.COM stamped envelope provided. I have also enclosed stamped envelopes addressed to all Parties for your use in returning the Order once issued. Thank you for your attention to this matter. Sincerely, JSM/aea Enclosure cc: Robert E DelliGatti (w/encl.) Sarah E. DelliGatti (w/encl.) Amy Custer (w/encl.) Serratelli, Schiffman & rown, PC i S. Madden, Esquire 1L.. C°! 1 Iv a? CIE 'R0TH0N0TAk Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman(&ssbc-law.com jmadden@ssbc-law.com 2012 AUG -6 PM 3: 09 CUMBERLAND COUNT +' PENNSYLVANIA MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. : No. 2011-8510 ROBERT E. DELLIGATTI AND SARAH E. DELLIGATTI CIVIL -MORTGAGE FORECLOSURE DEFENDANTS : MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Serratelli, Schiff nan, & Brown, P. C., attorneys for the Petitioner in the above-captioned action, and files its Motion to Make Rule Absolute, and in support avers as follows: 1. On or about June 19, 2012, Petitioner Mid Penn Bank ("Petitioner") filed a Petiti to Fix Fair Market Value of Real Property Pursuant to 42 Pa. C.S. §8103(a) in the captioned matter. 2. On June 29, 2012, the Honorable Thomas A. Placey issued a Rule to Show why Petitioner's Petition to Fix Fair Market Value should not be granted. 4. The Court distributed the Rule to Respondents ("Respondents") on or about 29, 2012. 5. The Rule was returnable on July 30, 2012. 6. As of this date, a review of the Court docket reveals that no Response has been by Respondents. WHEREFORE, Petitioner moves that this Honorable Court: a) Make the Rule of June 29, 2012 Absolute; and b) Issue an Order granting Petitioner's Petition to Fix Fair Market Value Real Property Pursuant to 42 Pa. C.S. §8103(a). Respectfully submitted, SERRATELLI, SCHIFFMAN & BROWN P. C. Stev J. Schiffinan, Esquire Je ' . Madden, Esquire Pa. Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 Date: August 3, 2012 CERTIFICATE OF SERVICE I hereby certify that I today served a true and correct copy of the foregoing Motion to Rule Absolute, by placing the same in the U.S. mail, postage prepaid, addressed to: Robert E. DelliGatti 230 Hummel Avenue Lemoyne, Pennsylvania 17043 Sarah E. DelliGatti 230 Hummel Avenue Lemoyne, Pennsylvania 17043 Jeni $/Madden, Esquire Date: August 3, 2012 MID PENN BANK, Plaintiff v. ROBERT E. DELLIGATTI AND SARAH E. DELLIGATTI, Defendants IN THE COURT OF COMMON PLEAS ~ OF THE NINTH JUDICIAL DISTRICT NO. 2011-8510 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 31st day of August 2012, upon consideration of Plaintiff's to Make Rule Absolute, and it appearing that Defendants have not filed a response of record, despite a Rule To Show Cause having been issued directing Defendants to do so on June 29, 2012, it is ORDERED that the Petition to Fix Fair Market Value of Property Pursuant to 42 Pa. C.S. § 8103(a) is GRANTED. BY , Thomas A. lacey, C.P.J. / Steven J. Schiffman, Esq. Jeni S. Madden, Esq. Serratelli, Schiffman & Brown P.C. 2080 Linglestown Road, Suite 201 ~, Harrisburg, PA 17110 ~ '~' '~' For Plaintiff/Petitioner Robert E. DelliGatti ~' ~ ~~," 230 Hummel Ave. E~ s„ Lemoyne, PA 17043 ~~ ~ ` '`~`~ Defendant/Respondent, pro se ~ o , +/ Sarah E. DelliGatti ~ ~ 230 Hummel Ave. Lemoyne, PA 17043 Defendant/Respondent, pro se ~.~ Steven J. Schiffinan, Esq. Jeni S. Madden, Esq. . 1V -, PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN,&BROWN,P.C. ?�' �!+ z.R rt.ty 2080 Linglestown Road, Suite 201 t EMYS�YLVA COUNTY Harrisburg, PA 17110-9670 (717) 540-9170 sschiffmangssbc-law.com ml addenda ssbc-law.com MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF V. : No.2011-8510 ROBERT E.DELLIGATTI AND SARAH E.DELLIGATTI CIVIL-MORTGAGE FORECLOSURE DEFENDANTS : AFFIDAVIT OF SERVICE I, Jeni S. Madden, Esquire, attorney for the Plaintiff in the within matter, hereby certify on the 27th day of February, 2013, true and correct copies of the Notice of Sheriffs Sale of Real Property were served on all pertinent lienholders, as set forth in the Affidavit Pursuant to 3129.1 which is attached hereto as Exhibit"A". Copies of the certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit"B". a Jeni Madden, Esquire Att r ey,for Mid Penn Bank SWORN TO AND SUpB$�RIBED BEFORE ME THIS 1--}}-- DAY OF fn0tj-&j ,2013, { AMMY E. PPERY, OTA PUBLIC Elm A K ak TANWINNOW MMy Fd t A T"'amen Ii01Nm W Egkn Ay Erti �� P Steven J. Schiffinan, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN,&BROWN,P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffinanka ssbc-law.com imadden@ssbc-law.com MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF V. : No.2011-8510 ROBERT E.DELLIGATTI AND SARAH E.DELLIGATTI CIVIL-MORTGAGE FORECLOSURE DEFENDANTS : AFFIDAVIT PURSUANT TO RULE 3129.1 I, Jeni S. Madden, Esquire, attorney for Mid Penn Bank, Plaintiff in the above action, set forth the following information as of the date the Praecipe for the Writ of Execution was filed concerning the real property located in Cumberland County, Pennsylvania, more fully described in Exhibit "A," attached hereto. 1. Name and address of owner(s) or reputed owner(s): Robert E. DelliGatti 230 Hummel Avenue Lemoyne, PA 17043 Sarah E. DelliGatti 230 Hummel Avenue Lemoyne, PA 17043 2. Name and address of defendant(s) in the judgment: Robert E. DelliGatti 230 Hummel Avenue Lemoyne, PA 17043 Sarah E. DelliGatti 230 Hummel Avenue Lemoyne, PA 17043 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: PR Capital City Limited Partnership c/o Stephen S. Zubrow,Esquire Marcus & Shapira, LLP One Oxford Centre,35th Floor 301 Grant Street Pittsburgh, PA 15219 HSBC Bank USA,National Association as Trustee for Wells Fargo Home Equity Trust 2005-3 c/o Courtenay R. Dunn,Esquire Phelan,Hallinan & Schmieg,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Trust 2005-3 3476 Stateview Boulevard Fort Mill, SC 29715 HSBC Bank USA,National Association as Trustee for Wells Fargo Home Equity Asset Backed Certificate Series 2005-4 3476 Stateview Boulevard Fort Mill, SC 29715 HSBC Bank USA,National Association as Trustee for Wells Fargo Home Equity Asset Backed Certificate Series 2005-4 c/o Jaime McGuinness, Esquire Phelan, Hallinan & Schmieg,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record lien on the property: 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: 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Commonwealth of Pennsylvania P.O. Box 2675 Department of Public Welfare Harrisburg, PA 17105 Commonwealth of Pennsylvania 1400 Spring Garden St. Inheritance Tax Office Philadelphia,PA 19130 PA Department of Revenue Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit PO Box 8486 Estate Recovery Program Harrisburg,PA 17105-8486 Internal Revenue Service William Green Federal Building Technical Support Group Room 3259, 600 Arch Street Philadelphia, PA 19106 Cumberland County Tax Claims Office 1 Courthouse Square Room 110 Carlisle,PA 17013 PA Department of Revenue Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128 Tenants/Occupants 564 Gutshall Road, Monroe Township, Boiling Springs, PA 17007 Verification I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsown falsification to authorities. A(I JAZ-x Date: September 26, 2012 Jeni S.,44adden, Esq. Atto for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the East by Mountain Street; on the South by land now or formerly of Gerald R. Bower; on the West by a 16 foot alley; and on the North by land now or formerly of Milton Cameron; having a frontage on Mountain Street of 100 feet and extending at an even width, a depth of 60 feet to the alley in the rear; being improved with a 2 Y2 story frame dwelling house known and numbered as 564 Gutshall Road, Boiling Springs, Pennsylvania. BEING TAX PARCEL NO. 22-31-2173-012 PREMISES BEING: 564 Gutshall Road Monroe Township Boiling Springs, PA 17007 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Robert E. DelliGatti and Sarah E. DelliGatti, Mortgagors herein, under Judgment No. 2011-8510. �LL o �LL W ¢ LD CL l VN MM d V; — m¢ o Cr LLJ LL CD cc G O d s r CL N 4) olN C�j C.mEey cu, mU y G•� m � y � yE °' m m mI a X y O•q y.,., LL Q=.v `o v COI I C a Z y L W umi a O JE S U u C C O r N v Mal � L m _ m d O m > Q T d U UO c A rn40) it E 2 R L R O e a 'J 0 G1 O c > y d Q � � rr e3 v, R Q013013 ,, .sue d —° " x w d 0 Eo $ � a'eL 'aa U U w 4•. Q > e F�y v' oD O O 'O ~ O .fir > O eS 0 >i 47 > C 00 R M Ci .Nr cr rr .0 a R 0. O d' R m C . 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[— MW xFQM W C3Q u0.:b0. x000000 o O N a c Z j Z O N N Q _ °c M co v ° a E LL Z r N M V Ul) 00 c ' ■ r r : r rrrr ------- --- •,gw,o-u owl rsaw� A � ,���`: '7�•ii. '!ik� �' ntf .•ry.e,._.w'y �f.s,� �t+t�Yll,'''}. �9'. ix,. k�w.i+�s.r tkaYll■IY , a� � I I r r ■ ! r 9 • t f� ■ �- ...f r r • r rrrr • rr ( � \ m \ ac « E bl ® it » i w � � ) M � ° S \ M ! � � ( � m } } C r- § k ) . § J � � . � • ■ � . . $ = c R 7 zom e § - _ 00C- r vv . � g 'lit� | o o�0 » • � 2 C � , mcv Q JJZ . _1 Imo § � _ � t 4 »' R rn a�� � & 9 . . , ul. Z. C3 < Ln �m .M $ . CD } SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �s�aprtrrrf46 Jody S Smith l� Chief Deputy tX t t }` Z 2 '"` 4 , y Richard W Stewart 'Uf9EL�P � t)vr f w. t) >i .. Solicitor �F �` ` '"�"°�'`�� ' PEKNSYLViaN!n Mid Penn Bank Case Number vs. 2011-8510 Robert E. Delligatti (et al.) SHERIFF'S RETURN OF SERVICE 01/03/2013 12:06 PM -Deputy Valerie Weary, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 564 Gutshall Road, Boiling Springs, PA 17007, Cumberland County. 01/17/2013 03:28 PM -Deputy Valerie Weary, 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 robert delligatti -spouse, who accepted as"Adult Person in Charge"for Sarah E. Delligatti at 230 Hummel Avenue, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 01/17/2013 03:28 PM - Deputy Valerie Weary, 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 the Defendant, to wit: Robert E. Delligatti at 230 Hummel Avenue, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 02/08/2013 As directed by Jeni S. Madden,Attorney for the Plaintiff, Sheriffs Sale Continued to 4/3/2013 04/03/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA on April 3, 2013 at 10:00 a.m.. He sold the same for the sum of$1.00 to Attorney Jeni Madden, on behalf of Mid Penn Bank, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,347.80 SO ANSWERS, May 17, 2013 R-ONW R ANDERSON, SHERIFF Ll e•06 m , g© �� Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI,SCHIFFMAN,&BROWN,P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffmali@ssbc-law.com jmadden@ssbc-law.com MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF V. : No.2011-8510 ROBERT E.DELLIGATTI AND SARAH E.DELLIGATTI CIVIL-MORTGAGE FORECLOSURE DEFENDANTS : AFFIDAVIT PURSUANT TO RULE 3129.1 I, Jeni S. Madden, Esquire, attorney for Mid Penn Bank, Plaintiff in the above action, set forth the following information as of the date the Praecipe for the Writ of Execution was filed concerning the real property located in Cumberland County, Pennsylvania, more fully described in Exhibit"A," attached hereto. 1. Name and address of owner(s) or reputed owner(s): Robert E. DelliGatti 230 Hummel Avenue Lemoyne, PA 17043 Sarah E. DelliGatti 230 Hummel Avenue Lemoyne,PA 17043 2. Name and address of defendants in the judgment: Robert E. DelliGatti 230 Hummel Avenue Lemoyne, PA 17043 Sarah E. DelliGatti 230 Hummel Avenue Lemoyne,PA 17043 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: PR Capital City Limited Partnership c/o Stephen S. Zubrow,Esquire Marcus & Shapira, LLP One Oxford Centre,35th Floor 301 Grant Street Pittsburgh,PA 15219 HSBC Bank USA,National Association as Trustee for Wells Fargo Home Equity Trust 2005-3 c/o Courtenay R. Dunn, Esquire Phelan,Hallinan & Schmieg, LLP 1617 HK Boulevard, Suite 1400 Philadelphia, PA 19103 HSBC Bank USA,National Association as Trustee for Wells Fargo Home Equity Trust 2005-3 3476 Stateview Boulevard Fort Mill, SC 29715 HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset Backed Certificate Series 2005-4 3476 Stateview Boulevard Fort Mill, SC 29715 HSBC Bank USA,National Association as Trustee for Wells Fargo Home Equity Asset Backed Certificate Series 2005-4 c/o Jaime McGuinness, Esquire Phelan,Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record lien on the property: 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: 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Commonwealth of Pennsylvania P.O. Box 2675 Department of Public Welfare Harrisburg,PA 17105 Commonwealth of Pennsylvania 1400 Spring Garden St. Inheritance Tax Office Philadelphia,PA 19130 PA Department of Revenue Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit PO Box 8486 Estate Recovery Program Harrisburg, PA 17105-8486 Internal Revenue Service William Green Federal Building Technical Support Group Room 3259, 600 Arch Street Philadelphia, PA 19106 Cumberland County Tax Claims Office 1 Courthouse Square Room 110 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128 Tenants/Occupants 564 Gutshall Road, Monroe Township, Boiling Springs, PA 17007 T Verification I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsown falsification to authorities. u J i Date: September 26, 2012 Jeni . Mad en, Esq. A o ey for Plaintiff r f LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the East by Mountain Street; on the South by land now or formerly of Gerald R. Bower; on the West by a 16 foot alley; and on the North by land now or formerly of Milton Cameron; having a frontage on Mountain Street of 100 feet and extending at an even width, a depth of 60 feet to the alley in the rear; being improved with a 2 Y2 story frame dwelling house known and numbered as 564 Gutshall Road, Boiling Springs, Pennsylvania. BEING TAX PARCEL NO. PREMISES BEING: 564 Gutshall oa Monroe Township Boiling Springs, PA 17007 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Robert E. DelliGatti and Sarah E. DelliGatti, Mortgagors herein, under Judgment No. 2011-8510. I. II Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN,&BROWN,P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschi ffmangssbc-law.com j maddengssbc-law.com MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF V. No.2011-8510 ROBERT E.DELLIGATTI AND SARAH E.DELLIGATTI CIVIL-MORTGAGE FORECLOSURE DEFENDANTS : NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: March 6,2013 TIME: 10 AM LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17103 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvement erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of the property to be sold is: 564 Gutshall Road, Monroe Township,Boiling Springs,PA 17007 THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within Commonwealth and County to: DOCKET NUMBER 2011-8510 THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Robert E. DelliGatti & Sarah E. DelliGatti A SCHEDULE 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 of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten(10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT 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 away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas with Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the proceeding 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—Civil Division, of the Cumberland County Courthouse, before presentation to the Court. SHERIFF'S OFFICE LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the East by Mountain Street; on the South by land now or formerly of Gerald R. Bower; on the West by a 16 foot alley; and on the North by land now or formerly of Milton Cameron; having a frontage on Mountain Street of 100 feet and extending at an even width, a depth of 60 feet to the alley in the rear; being improved with a 2 Y2 story frame dwelling house known and numbered as 564 Gutshall Road, Boiling Springs, Pennsylvania. BEING TAX PARCEL NO. 22-31-2173-012 PREMISES BEING: 564 Gutshall Road Monroe Township Boiling Springs, PA 17007 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Robert E. DeliiGatti and Sarah E. DelliGatti, Mortgagors herein, under Judgment No. 2011-8510. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-8510 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID PENN BANK Plaintiff(s) From ROBERT DELLIGATTI AND SARAH DELLIGATTI (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: $211.659.13 L.L.: .50 Interest $80,935.65 Atty's Comm:$21,551.65 Due Prothy: $2.25 Atty Paid: $213.50 Other Costs: Plaintiff Paid: Date: 9/27/12 David D uell,Prothon t r (Seal) By: Deputy REQUESTING PARTY: Name: JENI S. MADDEN,ESQUIRE Address: SERRATELLI,SCHIFFMAN& BROWN,P.C. 2080 LINGLESTOWN ROAD,SUITE 201 HARRISBURG, PA 17110-9670 Attorney for: PLAINTIFF Telephone: 717-540-9170 Supreme Court ID No. 209536 *2Y FROG G(2 unto set,rly han 'CRVE ereocouerat rtls',e,Pa. a- 1n Testimony wf aid G 2G and the Seal a da 0' onotf:" �1 P n This_� 'Ott On October 19, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 564 Cutshall Road, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 19, 2012 By: Real Estate Coordinator LZ : 8 G d3S �lOt ,w CUMBERLAND LAW JOURNAL Writ No. 2011-8510 Civil Mid Penn Bank vs. Robert E. DelliGatti, Sarah E. DelliGatti Atty.:Jeni S. Madden ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at the East by Moun- tain Street;on the South by land now or formerly of Gerald R. Bower; on the West by a 16 foot alley; and on the North by land now or formerly of Milton Cameron; having a frontage on Mountain Street of 100 feet and extending at an even width, a depth of 60 feet to the alley in the rear; being improved with a 2 1/2 , story frame dwelling house known and numbered as 564 Gutshall Road, Boiling Springs,Pennsylvania. BEING TAX PARCEL NO. 22-31- 2173-012. PREMISES BEING: 564 Gutshall Road, Monroe Township, Boiling Springs. PA 17007. UNDER AND SUBJECT to and together with easements,exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execu- tion as the property of Robert E. DelliGatti and Sarah E. DelliGatti, Mortgagors herein,under Judgment No. 2011-8510. 40 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. i isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 8 da y of Februar 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 t The Patriot-News Co. • 2020 Technology Pkwy 14c atr1otAvXews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE Pte, 17 0 13 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 20111-BSi0c Y This ad ran on the date(s)shown below: Mld Penn Ban vs 01/22/13 Robert L Sam E.Delllgattl 01/29/13 AW Jan!&Madden - 02/05113 ALL THAT CERTAIN:traa or parcel of land and premises,sitieate,tying and being in Monroe 7bwnship,Cumberland County, - • • , . Pennsylvania, more particularly bounded and described as follows: BEGINNING at the East by Mountain Sworn to apd subscribed before me this 14 day of February, 2013 A.D. Street;on the South by land now or forme;ly of Gerald R.Bower;on the West by a 16 'foot alley;and on the North by land now or formerly of Milton Cameron;having,a frontage on Mountain Street of 100 feet and tart'Public emending at an even width,a depth of 60 feet to the alley in the rear;being improved with a 2 V2,story frame dwelling house !mown and numbered as 564 Outshatl Road, Boiling Spy Pennsylvania. COMMONWEALTH OF PENNSYLVANIA BEING TAX PARCEL NO, Notarial Seal PREMISES BEING- lioNy iynn Warfel,Notary Public 22-31-2173-012 r,; w Washington Twp.,Dauphin County 564 Gutshail Rom My commission Expires Dec.12,2016 Monroe Township MEMBER,PENNSYLVANIA ASSp(IAIIQN OF NOTARIES Boiling Springs.PA 17007 UNDER AND SUBJECP to and together with easements, e=ptio)ts, re�vas, of wvy.o SW ofrt at ffi pile'' SE=AND TAKEN in execution as the Property of Robert E.DelliGatti and Sarah E. DelliGatti, Mortgagors herein, under Judgment No.2011-8510. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Mid Penn Bank is the grantee the same having been sold to said grantee on the 6th day of March A.D., 2013, under and by virtue of a writ Execution issued on the 27th day of September,A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 8510, at the suit of Mid Penn Bank against Robert E. Delligatti and Sarah E. Delligatti is duly recorded as Instrument Number 201316842. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this��� Y da of , A.D. CO I3 c Recorder of Deeds t?�nbedend Cam Cute,Pll tM Expireeto Fit YondgrdJen.2014