HomeMy WebLinkAbout12-1390
Steven J. Schiffman, Esq.
Jeni S. Madden, Esq.
PA ID Nos..25488 & 209536
SERRATELL[., SCHIFFMAN, & BROWN, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
sschiffmanLa)ssbc-law. com
jmadden a,ssbc-law.com
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MID PENN BANK, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
STANLEY N. DYE and
SUSAN E. DYE No. ?- 1
Defendants
CONFESSION OF JUDGMENT FOR MONEY
Pursuant to the authority contained in the warrant of attorney, a copy of which is attached
to the Complaint filed in this action, I appear for DEFENDANTS and confess judgment in favor
of the Plaintiff and against the Defendants as follows:
DEFENDANT, STANLEY N. DYE
Loan Number 500029616
Principal Balance: $1,993,638.67
Interest through 2/14/12: $ 24,140.66
Late Fees through 2/14/12: $ 81,277.50
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 201,777.93
Total $2,300,834.76 plus all
amounts advanced by Plaintiff in collection of the debt pursuant to the
terms of Note 1 and loan documents, along with all reasonable attorneys'
fees, monthly late charges, and interest at the accelerated Interest After
Default rate as defined in the loan documents from February 14, 2012.
Loan Number 500049531
Principal Balance: $210,707.37
Interest through 2/14/12: $ 1,492.12
Late Fees through 2/14/12: $ 3,224.54
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 21,219.95
Total $236,643.98 plus all
amounts advanced by Plaintiff in collection of the debt pursuant to the
terms of Note 2 and loan documents, along with all reasonable attorneys'
fees, monthly late charges, and interest at the accelerated Interest After
Default rate as defined in the loan documents from February 14, 2012.
Loan Number 500025622
Principal Balance: $91,778.26
Interest through 02/14/2012: $ 281.15
Late Fees through 02/14/2012: $ 650.00
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 9,205.94
Total $101,915.35 plus all
amounts advanced by Plaintiff in collection of the debt pursuant to the
terms of Note 3 and loan documents, along with all reasonable attorneys'
fees, monthly late charges, and interest at the accelerated Interest After
Default rate as defined in the loan documents from February 14, 2012.
Loan Number 500052162
Principal Balance: $4,336.57
Interest through 02/14/12: $ 12.55
Late Fees through 02/14/12: $ 74.28
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 434.91
Total $4,858.31 plus all
amounts advanced by Plaintiff in collection of the debt pursuant to the
terms of Note 4 and loan documents, along with all reasonable attorneys'
fees, monthly late charges, and interest at the accelerated Interest After
Default rate as defined in the loan documents from February 14, 2012.
TOTAL CONFESSED JUDGMENT: $2,644,252.40
DEFENDANT, SUSAN E. DYE
Loan Number 500029616
Principal Balance: $1,993,638.67
Interest through 2/14/12: $ 24,140.66
Late Fees through 2/14/12: $ 81,277.50
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 201,777.93
Total $2,300,834.76 plus all
amounts advanced by Plaintiff in collection of the debt pursuant to the
terms of Note 1 and loan documents, along with all reasonable attorneys'
fees, monthly late charges, and interest at the accelerated Interest After
Default rate as defined in the loan documents from February 14, 2012.
Loan. Number 500049531
Principal Balance: $210,707.37
Interest through 2/14/12: $ 1,492.12
Late Fees through 2/14/12: $ 3,224.54
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 21,219.95
Total $236,643.98 plus all
amounts advanced by Plaintiff in collection of the debt pursuant to the
terms of Note 2 and loan documents, along with all reasonable attorneys'
fees, monthly late charges, and interest at the accelerated Interest After
Default rate as defined in the loan documents from February 14, 2012.
Loan Number 500025622
Principal Balance: $91,778.26
Interest through 02/14/2012: $ 281.15
Late Fees through 02/14/2012: $ 650.00
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 9,205.94
Total $101,915.35 plus all
amounts advanced by Plaintiff in collection of the debt pursuant to the
terms of Note 3 and loan documents, along with all reasonable attorneys'
fees, monthly late charges, and interest at the accelerated Interest After
Default rate as defined in the loan documents from February 14, 2012.
Loan Number 500052162
Principal Balance: $4,336.57
Interest through 02/14/12: $ 12.55
Late Fees through 02/14/12: $ 74.28
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 434.91
Total $4,858.31 plus all
amounts advanced by Plaintiff in collection of the debt pursuant to the
terms of Note 4 and loan documents, along with all reasonable attorneys'
fees, monthly late charges, and interest at the accelerated Interest After
Default rate as defined in the loan documents from February 14, 2012.
TOTAL CONFESSED JUDGMENT: $2,644,252.40
Respectfully submitted,
SERRATELLI, SCHIFFMAN & BROWN P.C.
Date: March 1, 2012 By. /
teven J. Schiffman, Esquire
Jeni S. Madden, Esquire
Pa. ID Nos. 25488 & 209536
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
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(a>,ssbc-law. com
j maddens ssbc-law. com
MID PENN BANK,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STANLEY N. DYE and
SUSAN E. DYE No. t 13 2 4( Defendants
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
Plaintiff Mid Penn Bank files this complaint pursuant to Pa.R.C.P. 2951 for judgment by
confession and in support thereof avers the following:
1. Plaintiff Mid Penn Bank ("Plaintiff') is a Pennsylvania banking institution with a
business address at 349 Union Street, Millersburg, Pennsylvania 17061.
2. Defendant Stanley N. Dye is an adult individual with a last known address of 35 W.
North Street, Carlisle, Cumberland County, Pennsylvania 17013.
3. Defendant Susan E. Dye is an adult individual with a last known address of 35 W. North
Street, Carlisle, Cumberland County, Pennsylvania 17013. Defendant Stanley N. Dye
and Defendant Susan E. Dye are hereinafter referred to collectively as "`the Defendants."
Count I
Loan 1- No. 500029616
4. Plaintiff incorporates herein by reference paragraphs 1 through 3 of this Complaint as if
fully set forth herein.
5. On or about April 19, 2005, Plaintiff extended a loan, identified as loan number
500029616, to Defendants in the amount of $3,100,000.00 ("Loan I").
6. To evidence its indebtedness under Loan 1, Defendants contemporaneously made,
executed and delivered to Plaintiff a Note dated April 19, 2005 ("Note I"), as modified
by a Change in Terms Agreement dated August 19, 2005 ("Change in Terms Agreement
1"), as modified by a Change in Terms Agreement dated October 19, 2005 ("Change in
Terms Agreement 2"), as modified by a Change in Terms Agreement dated November
19, 2006 ("Change in Terms Agreement 3"). A true and correct copy of Note 1, which
authorizes judgment by confession, is attached hereto as Exhibit "A." A true and correct
copy of Change in Terms Agreements 1, 2 and 3 are attached hereto collectively as
Exhibit "B."
7. Contrary to the terms and provisions of Note 1, Defendants have failed to make payments
when due on Loan 1.
8. Defendants' failure to make payments when due constitutes a default under the terms of
Note 1.
9. Under the terms of Note 1, Plaintiff presently possesses the right to demand payment by
Defendants on all amounts due on Note 1.
2
10
11.
Under the terms of Note 1, due to Defendants' default, Plaintiff is also entitled to
attorneys' fees equal to ten percent (10%) of the outstanding principal balance and
interest.
As the result of the default on Loan 1, the following amounts are now due to Plaintiff:
Principal Balance: $1,993,638.67
Interest through 2/14/12: $ 24,140.66
Late Fees through 2/14/12: $ 81,277.50
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 201,777.93
Total $2,300,834.76 plus all
amounts advanced by Plaintiff in collection of the debt pursuant to the
terms of Note 1 and loan documents, along with all reasonable attorneys'
fees, monthly late charges, and interest at the accelerated Interest After
Default rate as defined in the loan documents from February 14, 2012.
12. Defendants have been notified of their default pursuant to Note 1 and Plaintiff has
demanded payment. A true and correct copy of Plaintiff's February 7, 2012 demand
letter is attached hereto as Exhibit "C." Despite Plaintiff's demands, Defendants have
failed to pay the indebtedness owed to Plaintiff under Note 1.
13. The judgment sought herein is not against a natural person in connection with a consumer
credit transaction.
14. Note 1 has not been assigned.
15. Judgment has not been entered in any jurisdiction on Note 1 authorizing confession.
WHEREFORE, Plaintiff, as authorized by the confession of judgment clause contained in
Note 1, requests judgment to be entered against Defendants in the sum of $2,300,834.76, plus
any additional interest, attorneys' fees, and costs authorized by the warranty of attorney.
3
Count 2
Loan 2 - No, 500049531
16. Plaintiff incorporates herein by reference paragraphs 1 through 15 of this Complaint as if
fully set forth herein.
17. On or about October 16, 2008, Plaintiff extended a loan, identified as loan number
500049531, to Defendants in the amount of $275,000.00 ("Loan 2").
18. To evidence its indebtedness under Loan 2, Defendants contemporaneously made,
executed and delivered to Plaintiff a Note dated October 16, 2008 ("Note 2"). A true and
correct copy of Note 2, which authorizes judgment by confession, is attached hereto as
Exhibit "D."
19. Contrary to the terms and provisions of Note 2, Defendants have failed to make payments
when due on Loan 2.
20. Defendants' failure to make payments when due constitutes a default under the terms of
Note 2.
21. Under the terms of Note 2, Plaintiff presently possesses the right to demand payment by
Defendants on all amounts due on Note 2.
22. Under the terms of Note 2, due to Defendants' default, Plaintiff is also entitled to
attorneys' fees equal to ten percent (10%) of the outstanding principal balance and
interest.
23. As the result of the default on Loan 2, the following amounts are now due to Plaintiff:
Principal Balance: $210,707.37
Interest through 2/14/12: $ 1,492.12
Late Fees through 2/14/12: $ 3,224.54
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 21,219.95
4
Total $236,643.98 plus all
amounts advanced by Plaintiff in collection of the debt pursuant to the
terms of Note 2 and loan documents, along with all reasonable attorneys'
fees, monthly late charges, and interest at the accelerated Interest After
Default rate as defined in the loan documents from February 14, 2012.
24. Defendants have been notified of their default pursuant to Note 2 and Plaintiff has
demanded payment. See Exhibit "C." Despite Plaintiffs demands, Defendants have
failed to pay the indebtedness owed to Plaintiff under Note 2.
25. The judgment sought herein is not against a natural person in connection with a consumer
credit transaction.
26. Note .2 has not been assigned.
27. Judgment has not been entered in any jurisdiction on Note 2 authorizing confession.
WHEREFORE, Plaintiff, as authorized by the confession of judgment clause contained in
Note 2, requests judgment to be entered against Defendants in the sum of $236,643.98, plus any
additional interest, attorneys' fees, and costs authorized by the warranty of attorney.
Count 3
Loan 3 - No. 500025622
28. Plaintiff incorporates herein by reference paragraphs 1 through 27 of this Complaint as if
fully set forth herein.
29. On or about April 20, 2007, Plaintiff extended a loan, identified as loan number
500025622, to Defendants in the amount of $150,000.00 ("Loan 3").
30. To evidence its indebtedness under Loan 3, Defendants contemporaneously made,
executed and delivered to Plaintiff a Note dated April 20, 2007 ("Note 3"). A true and
5
correct copy of Note 3, which authorizes judgment by confession, is attached hereto as
31.
32.
33.
34.
35
Exhibit "E."
Contrary to the terms and provisions of Note 3, Defendants have failed to make payments
when due on Loan 3.
Defendants' failure to make payments when due constitutes a default under the terms of
Note 3.
Under the terms of Note 3, Plaintiff presently possesses the right to demand payment by
Defendants on all amounts due on Note 3.
Under the terms of Note 3, due to Defendants' default, Plaintiff is also entitled to
attorneys' fees equal to ten percent (10%) of the outstanding principal balance and
interest.
As the result of the default on Loan 3, the following amounts are now due to Plaintiff:
Principal Balance: $91,778.26
Interest through 02/14/2012: $ 281.15
Late Fees through 02/14/2012: $ 650.00
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 9,205.94
Total $101,915.35 plus all
36.
amounts advanced by Plaintiff in collection of the debt pursuant to the
terms of Note 3 and loan documents, along with all reasonable attorneys'
fees, :monthly late charges, and interest at the accelerated Interest After
Default rate as defined in the loan documents from February 14, 2012.
Defendants have been notified of their default pursuant to Note 3 and Plaintiff has
demanded payment. See Exhibit "C." Despite Plaintiff's demands, Defendants have
failed to pay the indebtedness owed to Plaintiff under Note 3.
6
37. The judgment sought herein is not against a natural person in connection with a consumer
credit transaction.
38. Note 3 has not been assigned.
39. Judgment has not been entered in any jurisdiction on Note 3 authorizing confession.
WHEREFORE, Plaintiff, as authorized by the confession of judgment clause contained in
Note 3, requests judgment to be entered against Defendants in the sum of $101,915.35, plus any
additional interest, attorneys' fees, and costs authorized by the warranty of attorney.
Count 4
Loan 4 - No. 500052162
40. Plaintiff incorporates herein by reference paragraphs 1 through 39 of this Complaint as if
fully set forth herein.
41. On or about April 10, 2009, Plaintiff extended a loan, identified as loan number
500052162, to Defendants in the amount of $14,000.00 ("Loan 4")
42. To evidence its indebtedness under Loan 4, Defendants contemporaneously made,
executed and delivered to Plaintiff a Note dated April 10, 2009 ("Note 4"). A true and
correct copy of Note 4, which authorizes judgment by confession, is attached hereto as
Exhibit "F."
43. Contrary to the terms and provisions of Note 4, Defendants have failed to make payments
when due on Loan 4.
44. Defendants' failure to make payments when due constitutes a default under the terms of
Note 4.
45. Under the terms of Note 4, Plaintiff presently possesses the right to demand payment by
Defendants on all amounts due on Note 4.
7
46.
47.
Under the terms of Note 4, due to Defendants' default, Plaintiff is also entitled to
attorneys' fees equal to ten percent (10%) of the outstanding principal balance and
interest.
As the result of the default on Loan 4, the following amounts are now due to Plaintiff:
Principal Balance: $4,336.57
Interest through 02/14/12: $ 12.55
Late Fees through 02/14/12: $ 74.28
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 434.91
Total $4,858.31 plus all
48
49.
50.
51
amounts advanced by Plaintiff in collection of the debt pursuant to the
terms of Note 4 and loan documents, along with all reasonable attorneys'
fees, monthly late charges, and interest at the accelerated Interest After
Default rate as defined in the loan documents from February 14, 2012.
Defendants have been notified of their default pursuant to Note 4 and Plaintiff has
demanded payment. See Exhibit "C." Despite Plaintiff's demands, Defendants have
failed to pay the indebtedness owed to Plaintiff under Note 4.
The judgment sought herein is not against a natural person in connection with a consumer
credit transaction.
Note 4 has not been assigned.
Judgment has not been entered in any jurisdiction on Note 4 authorizing confession.
8
WHEREFORE, Plaintiff, as authorized by the confession of judgment clause contained in
Note 4, requests judgment to be entered against Defendants in the sum of $4,858.31 plus any
additional interest, attorneys' fees, and costs authorized by the warranty of attorney.
Respectfully submitted,
SERRATELLI, SCKIFFMAN, & BROWN P.C.
k
Steve . Schiffman, Esquire
Jeni Madden, Esquire
Pa. I Nos. 25488 & 209536
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717)540-9170
Date: March 1, 2012
9
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
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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: Stanley N. Dye Lender: Mid Penn Bank
Susan E. Dye Millersburg Office
35 W. North Street 349 Union Street
Carlisle, PA 17013 Millersburg, PA 17061
Principal Amount: $3,100,000.00 Interest Rate: 6.500% Date of Note: April 19, 2005
PROMISE TO PAY. Stanley N. Dye and Susan E. Dye ("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 Three Million One Hundred Thousand & 00/100 Dollars ($3,100,000.00),
together with interest at the rate of 6.500% per annum on the unpaid principal balance from April 19, 2005, until paid in full.
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 and three (3) months. Commencing May 19, 2005 the loan shall be payable in
three (3) consecutive monthly interest payments, then, commencing August 19, 2005, the loan shall be payable in thirty-six (36)
consecutive monthly installments, including principal and interest, in the amount of $23,288.00, based upon an amortization of twenty (20)
years, with interest calculated at a rate of six and one-half (6.50%) percent per annum. Three (3) years and three (3) months from the
note date, and every three (3) years thereafter, the interest rate shall be subject to change to a rate to be determined by Lender at its sole
discretion. In the absence of a mutually agreed upon fixed rate, the interest rate shall change to a variable rate of Lender's Prime Rate,
plus 1.00%. 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. Provided, however, 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
July 19, 2025.
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 3651360 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 three percent
(3.000%) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the first loan year; a penalty of
two percent (2.00%) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the second loan year;
a penalty of two percent (2.00°/a) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the third
loan year. The prepayment penalty shall be in effect for the original three (3) year interest rate period, and shall renew upon adjustment of the
interest rate for any ensuing three (3) 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, Millersburg Office, 349 Union Street, Millersburg, PA 17061.
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, Lender, at its option, may, if permitted under applicable law,
increase the interest rate on this Note 5.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If
judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided for in
this Note.
DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of
the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Borrower.
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 securing the loan. This
includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any guaranty of the indebtedness evidenced by this Note.
PROMISSORY NOTE
Loan No:- 9616 (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 on
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 Dauphin 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 April 19, 2005, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
(B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
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 March 4, 2005, 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, Millersburg Office, 349 Union Street, Millersburg, PA 17061.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower
understands and ogre.,s f4iof l,th ... :'a1 :o::4 notice to B.n.. .... Lender ... d!h ri 4n other Rn r uer (a) make one or mere wdditinn?I
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 ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT
NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE
IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE
AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS
NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PROMISSORY NOTE
Loan No: +616 (Continued) Page 3
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 COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X (Seal)
anley N. Dye
X -"'? <-? (Seal)
Susan E. Dye
IASER PRO l ,g. V- 5.2500.WI Copy. Hlu Fioanaiel So 11b , 1- IW7, 2W5. All RKJNS 8-1e _ - PA L%CFN.P0D20. FC TR-3037 PR-SECOTEiM
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CH_ __JGE IN TERMS AGREEMEN
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: Stanley N. Dyr
Susan E. Dye
609 Franklin Street
Carlisle, PA 17013
Lender: Mid Penn Bank
Millersburg Office
349 Union Street
Millersburg, PA 17061
Principal Amount: $3,100,000.00 Interest Rate: 6.500% Date of Agreement: August 19, 2005
DESCRIPTION OF EXISTING INDEBTEDNESS. Note #500029616 in the amount of $3,100,000.00, dated April 19, 2005, together with any
subsequent renewals and modifications.
DESCRIPTION OF COLLATERAL. The loan is secured by a Mortgage and Assignment of Rents dated April 19, 2005.
DESCRIPTION OF CHANGE IN TERMS. The interest only period shall be extended for an additional three months.
PROMISE TO PAY. Stanley N. Dye and Susan E. Dye ("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 Three Million One Hundred Thousand & 00/100 Dollars ($3,100,000.00),
together with interest at the rate of 6.500% per annum on the unpaid principal balance from August 19, 2005, until paid in full.
PAYMENT. Borrower will pay this loan in accordance with the following payment schedule:
The loan shall be payable over the remaining term of twenty (20) years. Commencing August 19, 2005, the loan shall be payable in three
(3) consecutive monthly interest payments, then, commencing November 19, 2005, the loan shall be payable in thirty-three (33)
consecutive monthly installments, including principal and interest, in the amount of $23,288.00, based upon the remaining term of twenty
(20) years, with interest calculated at a rate of six and one-half (6.500%) percent per annum. On July 19, 2008, and every three (3) years
thereafter, the interest rate shall be subject to change to a rate to be determined by Lender at its sole discretion. In the absence of a
mutually agreed upon fixed rate, the interest rate shall change to a variable rate of Lender's Prime Rate, plus 1.000%. 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. Provided, however, 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 July 19, 2025.
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. Interest on this Agreement is computed on a 365/360 simple interest 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 Agreement, Lender is entitled to the following prepayment penalty: A penalty of three
percent (3.00%) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the first Agreement year;
a penalty of two percent (2.000k) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the
second Agreement year; a penalty of two percent (2.00%) of the outstanding loan principal balance at the time of prepayment if the
prepayment occurs during the third Agreement year. The prepayment penalty shall be in effect for the three (3) year interest rate period, and
shall renew upon adjustment of the Interest rate for any ensuing three (3) 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 Agreement, 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, Millersburg Office, 349 Union Street, Millersburg,
PA 17061.
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, Lender, at its option, may, if permitted under applicable law,
increase the interest rate on this Agreement 5.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If
judgment is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgment at the existing interest rate
provided for in this Agreement.
DEFAULT. Each of the following shall constitute an Event of Default under this Agreement:
Payment Default. Borrower fails to make any payment when due under the Indebtedness
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement 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
Agreement 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 securing the Indebtedness.
This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not
apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture
proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond
CHANGE IN TERMS AGREEM 7
Loan No: - 9616 (Continued) Page 2
for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the
dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any Guaranty of the Indebtedness evidenced by this Note.
Adverse Change. A material adverse change occurs in Borrower'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.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Agreement 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 Agreement 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 Agreement 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 Agreement 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 Dauphin 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 debt 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. Collateral securing other loans with Lender may also secure this loan. To the extent collateral previously has been given to Lender by
any person which may secure this Indebtedness, whether directly or indirectly, it is specifically agreed that, to the extent prohibited by law, all such
collateral consisting of household goods will not secure this indebtedness. In addition, if any collateral requires the giving of a right of rescission under
Truth in Lending for this Indebtedness, such collateral also will not secure this Indebtedness unless and until all required notices of that right have been
given.
CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements
evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's
right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will
constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s),
including accommodation parties, unless a party is expressly released by tender in writing. Any maker or endorser, including accommodation makers,
will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons
signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the
changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or
release, but also to all such subsequent actions.
SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives,
successors, and assigns, and shall be enforceable by 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(les) should be sent to us at
the following address: Mid Penn Bank, Millersburg Office, 349 Union Street, Millersburg, PA 17061.
MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement 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 terns 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 Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon
any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, 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
Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of
any other provisions of this Agreement.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER
FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS
EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, 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 AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT
SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL
C ANGE IN TERMS AGREEMENT
Loan No, - 9616 (Continued)
Page 3
SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT 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 AGREEMENT. BORROWER HEREBY WAI ES 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 AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH
BORROWER AGREES TO THE TERMS OF THE AGREEMENT.
THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X %f {Seat) X -? w (Seal)
-- - -
Stanley N. Dye Susan E. Dye
LASER PRO UAe . Vm. 5.16.0.005 Copt. H.O.M Ft... W S.M.-. Inc 1991, 2005. N RI9hU Reserved. . PA P.NCFh PL\D20C.FC iR-9280 PR-4
CFI, GE IN TERMS AGREEMEN'
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: Stanley N. Dye
Susan E. Dye
609 Franklin Street
Carlisle, PA 17013
Lender: Mid Penn Bank
Millersburg Office
349 Union Street
Millersburg, PA 17061
Principal Amount: $3,100,000.00 Interest Rate: 6.500% Date of Agreement: October 19, 2005
DESCRIPTION OF EXISTING INDEBTEDNESS. Note #500029616 in the amount of $3,100,000.00, dated April 19, 2005, together with any
subsequent renewals and modifications. _
DESCRIPTION OF COLLATERAL. The loan is secured by a Mortgage and Assignment of Rents dated April 19, 2005.
DESCRIPTION OF CHANGE IN TERMS. The interest only period shall be extended for an additional five months.
PROMISE TO PAY. Stanley N. Dye and Susan E. Dye ("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 Three Million One Hundred Thousand & 001100 Dollars ($3,100,000.00),
together with interest at the rate of 6.500% per annum on the unpaid principal balance from October 19, 2005, until paid in full.
PAYMENT. Borrower will Nay this loan I., accordance :tiith the following payment schedule:
The loan shall be payable over the remaining term of two hundred and thirty-two _(232) months. Commencing November 19, 2005, the
loan shall be payable in five (5) consecutive monthly interest payments, then, commencing April 19, 2006, the loan shall be payable in
twenty-eight (28) consecutive monthly installments, including principal and interest, in the amount of $23,288.00, based upon the
remaining term of twenty (20) years, with interest calculated at a rate of six and one-half (6.500%) percent per annum. On July 19, 2008,
and every three (3) years thereafter, the Interest rate shall be subject to change to a rate to be determined by Lender at its sole
discretion. In the absence of a mutually agreed upon fixed rate, the interest rate shall change to a variable rate of Lender's Prime Rate,
plus 1.00%. 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. Provided, however, 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 July 19,
2025.
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. Interest on this Agreement is computed on a 365/360 simple interest 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 Agreement, Lender is entitled to the following prepayment penalty: A penalty of three
percent (3.00%) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the first Agreement year;
a penalty of two percent (2.00%) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the
second Agreement year; a penalty of two percent (2.000%) of the outstanding loan principal balance at the time of prepayment if the
prepayment occurs during the third Agreement year. The prepayment penalty shall be in effect for the three (3) year interest rate period, and
shall renew upon adjustment of the interest rate for any ensuing three (3) 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 Agreement, 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, Millersburg Office, 349 Union Street, Millersburg,
P^ '7061.
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, Lender, at its option, may, if permitted under applicable law,
increase the interest rate on this Agreement 5.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If
judgment is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgment at the existing interest rate
provided for in this Agreement.
DEFAULT. Each of the following shall constitute an Event of Default under this Agreement:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement 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
Agreement 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 securing the Indebtedness.
This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not
apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture
CHANGE IN TERMS AGREEIi( T
Loan No: 9616 (Continued) page 2
proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond
for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the
dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any Guaranty of the Indebtedness evidenced by this Note.
Adverse Change. A material adverse change occurs in Borrower'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.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Agreement 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 Agreement if Borrower does not pay. Borrower will pay
Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' tees 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 Agreement 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 Agreement 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 Dauphin 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 debt 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. Collateral securing other loans with Lender may also secure this loan. To the extent collateral previously has been given to Lender by
any person which may secure this Indebtedness, whether directly or indirectly, it is specifically agreed that, to the extent prohibited by law, all such
collateral consisting of household goods will not secure this Indebtedness. In addition, if any collateral requires the giving of a right of rescission under
Truth in Lending for this Indebtedness, such collateral also will not secure this Indebtedness unless and until all required notices of that right have been
given.
CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements
evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's
right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will
constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s),
including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers,
will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons
signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing parry consents to the
changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or
release, but also to all such subsequent actions.
SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives,
successors, and assigns, and shall be enforceable by 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, Millersburg Office, 349 Union Street, Millersburg, PA 17061.
MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement 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 Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon
any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, 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
Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of
any other provisions of this Agreement.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER
FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS
EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, 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 AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT'
CHANGE IN TERMS AGREEMEN.
Loan No: 1616 (Continued)
Page 3
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 AGREEMENT. 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 El i HER 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 AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH
BORROWER AGREES TO THE TERMS OF THE AGREEMENT.
THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X .c1 ?f a? {Seal)
X (Seal)
to ey N. Dye Susan E. Dye
LASER PRO LenAn9, V- 8.31.00.004 Cap, H.WW R--W Sof. m , 1., 1997. 1008. Al F4N. P- . - PA P?. FALPU0=.FC TR-SM PR-4
.MANGE IN TERMS AGREEM,_ :!T
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: Stanley N. Dye
Susan E. Dye
609 Franklin Street
Carlisle, PA 17013
Lender: Mid Penn Bank
Millersburg office
349 Union Street
Millersburg, PA 17061
Principal Amount: $2,300,000.00 Interest Rate: 6.500% Date of Agreement: November 19, 2006
DESCRIPTION OF EXISTING INDEBTEDNESS. Note #500029616 in the amount of $3,100,000.00, dated April 19, 2005, together with any
subsequent renewals and modifications.
DESCRIPTION OF COLLATERAL. The loan is secured by a Mortgage and Assignment of Rents dated April 19, 2005.
DESCRIPTION OF CHANGE IN TERMS. Borrower shall pay interest only for the payments due October 19, 2006 and November 16, 2006. The
payment amount shall be adjusted according to the 'Payment" section below. The maturity date shall be extended to November 19, 2026.
PROMISE TO PAY. Stanley N. Dye and Susan E. Dye ("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 Two Million Three Hundred Thousand & 00/100 Dollars ($2,300,000.00),
together with interest at the rate of 6.5000/6 per annum on the unpaid principal balance from November 19, 2006, 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. Borrower will pay interest due for October 19, 2006 and November 19, 2006,
.then, commencing December 19, 2006, the loan shall be payable in twenty-one (21) consecutive monthly installments, including principal
and interest, in the amount of $17,275.00, based upon a term of twenty (20) years, with interest calculated at a rate of six and one-half
(6.500/6) percent per annum. On July 19, 2008, and every three (3) years thereafter, the interest rate shall be subject to change to a rate to
be determined by Lender at its sole discretion. In the absence of a mutually agreed upon fixed rate, the interest rate shall change to a
variable rate of Lender's Prime Rate, plus 1.000/6. 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.
Provided, however, 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 November 19, 2026.
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. Interest on this loan is computed on a 365/360 simple interest 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 Agreement, Lender is entitled to the following prepayment penalty: A penalty of three
percent (3.00%) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the first Agreement year;
a penalty of two percent (2.000%) of the outstanding loan principal balance at the time of prepayment if the prepayment occurs during the
second Agreement year; a penalty of two percent (2.000/6) of the outstanding loan principal balance at the time of prepayment if the
prepayment occurs during the third Agreement year. The prepayment penalty shall be in effect for the three (3) year interest rate period, and
shall renew upon adjustment of the interest rate for any.ensuing three (3) 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 Agreement, 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, Millersburg Office, 349 Union Street, Millersburg,
PA 17061.
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 loan shall be increased by 5.000
percentage points. If judgment is entered in connection with this Agreement, 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 an Event of Default under this Agreement:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement 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
Agreement 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 securing the Indebtedness.
This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not
apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture
proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond
)HANGE IN TERMS AGREEMENT
Loan No: 9616 (Continued) Page 2
for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the
dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any Guaranty of the Indebtedness evidenced by this Note.
Adverse Change. A material adverse change occurs in Borrower'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.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance
under this Agreement 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 Agreement 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 Agreement 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 Agreement 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 Dauphin 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 debt 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. Collateral securing other loans with Lender may also secure this loan. To the extent collateral previously has been given to Lender by
any person which may secure this Indebtedness, whether directly or indirectly, it is specifically agreed that, to the extent prohibited by law, all such
collateral consisting of household goods will not secure this Indebtedness. In addition, if any collateral requires the giving of a right of rescission under
Truth in Lending for this Indebtedness, such collateral also will not secure this Indebtedness unless and until all required notices of that right have been
given.
CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements
evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's
right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will
constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties aft makers and endorsers of the original obligation(s),
including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers,
will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons
signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the
changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or
release, but also to all such subsequent actions.
SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives,
successors, and assigns, and shall be enforceable by 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(les) should be sent to us at
the following address: Mid Penn Bank, Millersburg Office, 349 Union Street, Millersburg, PA 17061.
MISCELLANEOUS PROVISIONS. If any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender may
delay or forgo enforcing any of its rights or remedies under this Agreement 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 Agreement, to the extent
allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terns of this Agreement, and unless
otherwise expressly stated in writing, no party who signs this Agreement, 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 Agreement are joint and several. If any portion of this
Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER
FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS
EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, 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 AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT
SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL
C. _.-tNGE IN TERMS AGREEMENT
Loan No- 9616 (Continued) Page 3
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 AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO
NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND S I A T ES THAT EITHER A REPRESENT AT 1 V E
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 AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH
BORROWER AGREES TO THE TERMS OF THE AGREEMENT.
THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X '\ YT' -1 "? c Z: ? ? #? (Seal)
Stan ey . Dye
X? c iL? e - (Seal)
Susan E. Dye
LASER PRO L"N. Vw. 5.29.0 MS Cq,. HadW F-W SdW , Im 1997, 2ML AN Right, Reee . - PA P:\CFRLPL\020C.FC TR-3280 PA-4
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SERRATELLI SCHIFFMAN & BROWN P.c.
February 7, 2012
JENI S. MADDEN
tel 717.635.2920
fax 717.635.2950
jmadden@ SSBC-LAW. COM
2080 LINGLESTOWN RD. STE 201
HARRISBURG, PA 171 10-9 6 70
tel717.540.9170
fax 717.540.5481
WWW.SSBC-LAW.COM
VIA CERTIFIED & REGULAR MAIL
Stanley & Susan Dye
35 W North Street
Carlisle, PA 17013
Re: Our client, Mid Penn Bank
Your Loan Nos.. 9616, 5622, 9531 &
2162 ("the Loans")
Dear Mr. & Mrs. Dye:
Please be advised that the above-referenced loans have been referred to
this law firm for collection as the result of your default under the terms of the
promissory notes executed by you for the loans in question. Mid Penn Bank ("the
Bank") has directed this firm to commence proceedings to enter judgment by
confession against you on the loans in question, in accordance with the confession
of judgment provisions included in the loan documents. As of the date of this
letter, the outstanding balances on the Loans are as follows:
LOAN # 500029616 500025622 500049531 500052162
Principal $1,993,638.67 $ 91,778.26 $210,707.37 $ 4,336.57
Interest to
2/03/12 $ 21,260.96 $ 128.19 $ 1,035.59 $ 2.51
Late fees $ 81,277.50 $ 650.00 $ 3,224.54 $ 74.28
Total $2,096,177.13 $ 92,556.45 $214,967.50 $ 4,413.36
As of the date of this letter, Loan 500029616 is fifty (50) days past due
and Loan 500049531 is twenty-two (22) days past due. Additionally, you have
repeatedly failed to make timely payments on the all the Loans. Lastly, you
have failed to keep the property taxes current on the following properties, as.
required by the Loan Documents: 2050 Spring Road, Mechanicsburg; 90 Salem
Church Road, Mechanicsburg; and 155 Salem church Road, Mechanicsburg.
Therefore, this letter is to notify you that you are in default under the terms of
the Promissory Notes.
S 51?
?)'3B SERRATELLI SCHIFFMAN & BROWN P.c.
Dye
February 07, 2012
Page Two
Due to your default, Mid Penn Bank has accelerated the Loans pursuant to
the terms of the Loan Documents. The Bank is willing to discuss the possibility
of entering into a forbearance agreement to address the default. If you are
interested, please have your counsel immediately contact me to discuss.
Otherwise, the Loans must be paid in full within ten (10) days of this letter or
judgment will be entered against you.
Nothing contained in this letter is intended as a waiver or a release of any
of the terms or provisions of your Loan Documents, including without limitation,
the requirement that you, the Borrower, pay on demand any amounts so payable
under the provisions of the instrument evidencing the same. The Bank reserves
all rights and remedies available to it under the Loan Documents, and applicable
law, all of which are hereby expressly reserved. No discussions between the
Bank and the Borrower concerning this notification, other relationships between
the Bank and the Borrower, or any other matter shall imply an agreement on the
part of Bank to waive any of its rights and remedies, or to forbear from taking any
action authorized by the Loan Documents or applicable law, regardless of whether
such discussions are continuing. The acceptance of a partial payment of any of
the obligations of the Borrower to Bank shall not be deemed a waiver or
limitation of any of the Bank's rights reserved herein as to the full amount of any
unpaid balance. Any delay or forbearance by Bank in the enforcement or pursuit
of any of its rights and remedies under the Loan Documents or applicable law
shall not constitute a waiver and thereof, nor shall it be a bar to the exercise of
Bank's rights or remedies at a later date.
Sincerely,
SERRATELLI, SCHIFF:AIAN, & BROWN, P.C.
e i S. Madden, Esq.
cc: Amy Custer, Mid Penn Bank
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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 lenqth limitations.
Borrower: Stanley N. Dye i
Susan E. Dye
35 W. North Street
Carlisle, PA 17013
Lender: Mid Penn Bank
Millersburg Office
349 Union Street
Millersburg, PA 17061
Principal Amount: $275,000.00 Interest Rate: 6.500% Date of Note: October 16, 2008
PROMISE TO PAY. Stanley N. Dye and Susan E. Dye ("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 Two Hundred Seventy-five Thousand & 00/100 Dollars ($275,000.00),
together with interest at the rate of 6.5000/6 per annum on the unpaid principal balance from October 16, 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 ten (10) years. Commencing November 16, 2008 the loan shall be payable in sixty (60)
consecutive monthly installments, including principal and interest, in the amount of $3,136.00, based upon an amortization of ten (10)
years, with interest calculated at a rate of six and one-half (6.500/6) percent per annum. Five (5) years the note date, the interest rate shall
be subject to change to a rate to be determined by Lender at its sole discretion. 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 October 16, 2018.
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. Borrower may pay without penalty 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, Millersburg Office, 349
Union Street, Millersburg, PA 17061.
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 an event of default ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of
the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Borrower.
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 securing the loan. This
includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, 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, ary guaranty of the indebtedness evidenced by this Note.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Note is impaired.
Insecurity. Lender in good faith believes itself insecure.
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
PROMISSORY NOTE
Loan No: 19531 (Continued) Page 2
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 Dauphin 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 October 16, 2008, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
(B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
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%).
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, Millersburg Office, 349 Union Street, Millersburg, PA 17061.
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 parry 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. It any portion of this Note is for any reason
determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT
NOT LESS THAN FIVE HUNDRED DOLLARS ($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 COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X J (Seal)
anley ye
Susan E. Dye
DISCLO, JRE FOR CONFESSION OF JDGMENT
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: Stanley N. Dye
Susan E. Dye ?
35 W. North Street
Carlisle, PA 17013
Declarant: Stanley N. Dye
35 W. North Street
Carlisle, PA 17013
Lender: Mid Penn Bank
Millersburg Office
349 Union Street
Millersburg, PA 17061
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS DAY OF 20D,.X- A PROMISSORY NOTE FOR $275,000.00 OBLIGATING ME
TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST M BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS: -
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY
MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS 5"'
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, 1 REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
-5-Az- 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
DECLARANT:
X _ (Seal)
nle ye
LASE :R PRO LnMii 1. V., 9.99.00.001 C W H-0- I't-isl Sd"I . 1- 1997, 2008. All Right, Rasenr"A. - PA PICFALPUD30.FC TA-%% PR.SECDTERM
DISCLO- JRE FOR CONFESSION OF JDGMENT
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: Stanley N. Dye
Susan E. Dye
35 W. North Street
Carlisle, PA 17013
Declarant: Susan E. Dye
35 W. North Street
Carlisle, PA 17013
Lender: Mid Penn Bank
Millersburg Office
349 Union Street
Millersburg, PA 17061
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS DAY OF ?h'V \ 20!4 A PROMISSORY NOTE FOR
$275,000.00 OBLIGATING ME
TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME Y C FESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS: ''
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY
MANNER PERMITTED Y APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS:
::'>`':::':a':> _
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, I REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
DECLARANT:
X lcf?l ?w C::::? (Seal)
Susan E. Dye
L55ER PRO Lerv . V- 5.35.Op- Co R 1FI-11 Sdullone. 4w. -, SOB. A# Righls Re -W, - PA P:%CFhLPL\DM.FC TR-5.550 PR-SECDTERM
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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.
Anv item above containing -- has been omitted due to text length limitations.
Borrower: Stanley N. Dye Lender: Mid Penn Bank
Susan E. Dye Millersburg Office
35 W. North Street 349 Union Street
Carlisle, PA 17013 Millersburg, PA 17061
Principal Amount: $150,000.00
Initial Rate: 8.750%
Date of Note: April 20, 2007
PROMISE TO PAY. Stanley N. Dye and Susan E. Dye ("Borrower") jointly and severally promise to pay to Mid Penn Bank ("Lender"), or order,
in lawful money of the United States of America, on demand, the principal amount of One Hundred Fifty Thousand & 001100 Dollars
($150,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest
shall be calculated from the date of each advance until repayment of each advance.
PAYMENT. Borrower will pay this loan in full Immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued
unpaid interest due as of each payment date, beginning May 1, 2007, with all subsequent interest payments to be due on the same day of each
month after that. 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 3651360
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.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is Lender's
Prime Rate (the "Index"). This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers.
This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current Index rate upon Borrower's
request. The interest rate change will not occur more often than each month, on the first business day of the month. Borrower understands that
Lender may make loans based on other rates as well. The Index currently is 8.2500/6 per annum. The interest rate to be applied to the unpaid
principal balance during this Note will be at a rate of 0.500 percentage points over the Index, resulting in an initial rate of 8.750% per annum. NOTICE:
Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law.
PREPAYMENT. Borrower may pay without penalty 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 of accrued unpaid interest. Rather, early payments will
reduce the principal balance due. 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, Millersburg Office, 349 Union Street, Millersburg, PA 17061.
LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled
payment or $25.00, whichever is greater. If Lender demands payment of this loan, and Borrower does not pay the loan in full within 15 days after
Lender's demand, Borrower also will be charged either 10.00016 of the sum of the unpaid principal plus accrued unpaid interest 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 adding a
5.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would
have applied had there been no default. 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 an event of default ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of
the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Borrower.
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 Borrowers 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 securing the loan. This
includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any guaranty of the indebtedness evidenced by this Note.
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 Lender's demand, 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.
PROMISSORY NOTE
Loan No 1622 (Continued) Page 2
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 Dauphin 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 instrument listed herein: a Mortgage
dated April 20, 2007, to Lender on real property located In Cumberland County, Commonwealth of Pennsylvania.
LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note, as well as directions for payment from Borrower's
accounts, may be requested orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be
confirmed in writing. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B)
credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements
on this Note or by Lender's internal records, including daily computer print-outs.
DEMAND LOAN MATURITY AND ANNUAL REVIEW. This loan is written on demand with no specific maturity date. This loan is subject to an annual
review by Lender of financial information and loan performance. The first annual review is scheduled for May 1, 2008. To facilitate the annual review
process, Lender may use a maturity date on its computer system or systems which may appear on billing statements or other mailings and notices to
Borrower. The presence of a maturity date on billing statements or other mailings and notices shall not be considered a waiver of Lenders right to
demand full repayment of the loan at any time. .
ANNUAL PROCESSING FEE. Lender shall assess a processing fee for this revolving line of credit. The assessment of this processing fee does not
necessarily mean that the line of credit has been renewed .
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, Millersburg Office, 349 Union Street, Millersburg, PA 17061.
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)
after, 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, faii or decide not to perfeci,
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 Borrowers 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 ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT
NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE
IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE
AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS
NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND. STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PROMISSORY NOTE
Loan No: 5622 (Continued) Page 3
PRIOR TO SIGNING THIS NOTE; EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE
VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X (Seal) X -? - __ (Seal)
Stanley N. Dye Susan E. Dye
LASER PRO U.-AN, Yep. S.M.W.0 Copy. R?Anq F-W SduSaru, No. W. e " RO. Reserved. - PA P/CFNPU=.FC TR-2£NS PR-SEC_UNE
DISCLO, JRE FOR CONFESSION OF -JDGMENT
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: Stanley N. Dvc
Susan E. Dy;.
35 W. North Street
Carlisle, PA 17013
Declarant: Susan E. Dye
35 W. North Street
Carlisle, PA 17013
Lender: Mid Penn Bank
Millersburg Office
349 Union Street
Millersburg, PA 17061
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS DAY OF _ I z C. 200-7, A PROMISSORY NOTE FOR $150,000.00 OBLIGATING ME
TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS:
B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY
MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, I REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
DECLARANT:
i
X (Seal)
Susan E. Dye
:ASER PRO Lending, Vv. 6.J5.00.pp1 Copy. Redend Fnerc Sdod- Inc. 199], TORT, Al W9hls Reserved. - PA P:1CFK PLXD..FC TR-2515 PF SEC_LINE
DISCLO, JRE FOR CONFESSION OF ..JDGMENT
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 a`uuVe L;uniaiiliily has been orniiiled due to te;d length limiitat;ons.
Borrower: Stanley N. Dye
Susan E. Dye
35 W. North Street
Carlisle, PA 17013
Declarant: Stanley N. Dye
35 W. North Street
Carlisle, PA 17013
Lender: Mid Penn Bank
Millersburg Office
349 Union Street
Millersburg, PA 17061
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS DAY OF ° ? ?-- , 2007, A PROMISSORY NOTE FOR $150,000.00 OBLIGATING ME
TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS: s:>, ..>::?_»_
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY
MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS:
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, I REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
DECLARANT:
X _jSeal)
tanley N. Dye
tASM PA L, Ig. Var. 5.55.M,. C, pr. N gh Fn,neld Sd-,. Inc. 1997, 2 7. All Right, Am, , - PA P1CFRLPUDW.FC T 2W PA-SEC_UNE
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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 containinq -- has been omitted due to text length limitations.
Borrower: Stanley N. Dye
35 W. North Street
Carlisle, PA 17013
Lender: Mid Penn Bank
Millersburg Office
349 Union Street
Millersburg, PA 17061
Principal Amount: $14,000.00 Interest Rate: 6.950% Date of Note: April 10, 2009
PROMISE TO PAY. Stanley N. Dye ("Borrower") promises to pay to Mid Penn Bank ("Lender"), or order, in lawful money of the United States
of America, the principal amount of Fourteen Thousand & 00/100 Dollars ($14,000.00), together with interest at the rate of 6.950% per annum on
the unpaid principal balance from April 10, 2009, 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 full immediately upon Lender's demand. If no demand is made, Borrower will pay this loan In 47
payments of $335.60 each payment and an irregular last payment estimated at $335.36. Borrower's first payment is due May 10, 2009, and all
subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on April 10, 2013, and will be
for all principal and all accrued interest not yet paid. Payments include principal and interest. 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. Borrower may pay without penalty 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, Millersburg Office, 349 Union Street, Millersburg, PA 17061.
LATE CHARGE. If a payment is not paid within 15 days after the date the payment was due, 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 an event of default ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of
the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Borrower.
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 securing the loan. This
includes a gamishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Borrower gives, Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any guaranty of the indebtedness evidenced by this Note.
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 in most cases will send Borrower a notice of default by registered or certified mail. If Borrower does not
cure the default within thirty (30) days from the postmarked date of the notice, Lender may declare the entire unpaid principal balance under this Note
and all accrued unpaid interest immediately due, and then Borrower will pay that amount. If, however, (a) Borrower has abandoned the Property, (b)
Borrower previously has been given two (2) notices of default within a one (1) year period, or (c) other extreme circumstances exist which jeopardize
the Property, 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.
PROMISSORY NOTE
Loan No: 2162 (Continued) Page 2
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 Dauphin 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 instrument listed herein: a mobile
home described in a Commercial Security Agreement dated April 10, 2009.
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, Millersburg Office, 349 Union Street, Millersburg, PA 17061.
GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's
right to declare payment of this Note on its demand. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender
may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees
or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of
this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or
endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or
release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action
deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the
consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any
portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT
NOT LESS THAN FIVE HUNDRED DOLLARS ($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
nCAIFESSIONI OF IIIDGMENIT AND STATES THAT EITHER A REPRFSFNTA.TIVF OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO
THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER-
V
(Seal)
Stan W N. Dye
LASER PRO LNArg, Var. &M.W, W Cq, R 4FMenmYl S.WM , 1n 1997, 2W9 AI RIOMS Reserved. - PA PACFhLPLVM.FC TR-6074 PR-SECOTERM ?-
DISCLOSvRE FOR CONFESSION OF . JDGMENT
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.
Anv item above containing "...9 has been omitted due to text length limitations.
Declarant: Stanley N. Dye
35 W. North Street
Carlisle, PA 17013
Lender: Mid Penn Bank
Millersburg Office
349 Union Street
Millersburg, PA 17061
DISCLOSURE FOR CONFESSION OF JUDGMENT
k `
I AM EXECUTING, THIS DAY OF 20 A PROMISSORY NOTE FOR $14,000.00 OBLIGATING ME
TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS: 2 a> :::: ' :
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY
MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS: ':. <:`'': ii/'M_
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, 1 REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
-5--m 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION..
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
DECLARANT:
X ?<1 L ...
(Seal)
tan ley N. Dye-?1--
ASER PRO Lerdrg, Ver. 5.05.00.001 CW. Re flronclsl SdW W Inc- 1997, 2009. AN RIgMs Re9erveE. - PA P:1CFAlPUDMIC TR-5970 PR-SECDTERM
MID PENN BANK,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STANLEY N. DYE and
SUSAN E. DYE No. Iv
;ice
Defendants ::0
Wis. ' c
-f
.M C-D
CERTIFICATION ?-
o
I hereby certify the precise last known addresses of the parties are as follows:
Defendants:
Stanley N. Dye
35 W. North Street
Carlisle, PA 17013
Susan N. Dye
35 W. North Street
Carlisle, PA 17013
Plaintiff:
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
Date:
Sworn to and subscribed
before me this a-1 day
Notary Public;
Mid Penn Bank
C Ql?i? -?
Y
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Michelle Lugo, Notary Public
Upper Allen Twp., Cumberland County
My Commission Expires Aug. 4, 2014
Member. Pennsvlvanla AsSoclation of Notaries
1 LIJ 1 IGi
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
2 12 MAR - 1 PM ? : 02
CUMBERLAND CCAINTY
PENNSYLVAMI A
MID PENN BANK,
Plaintiff
V.
STANLEY N. DYE and
SUSAN E. DYE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
Defendants
Notice Under Rule 2958.2
of Judgment and Execution Thereon
CONFESSED JUDGMENT
To: Stanley N. Dye
35 W. North Street
Carlisle, PA 17013
Susan N. Dye
35 W. North Street
Carlisle, PA 17013
A judgment in the amount of $2,644,252.40 has been entered against you and in favor of
the Plaintiff without prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The court has issued a writ of
execution which directs the sheriff to levy upon and sell certain real property owned by you to
pay the judgment. The Sheriff's sale has been scheduled for June 6, 2012.
You may have legal rights to defeat the judgment or prevent or delay the sheriff's sale.
1. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30)
DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON
YOU OR YOU MAY LOSE YOUR RIGHTS.
II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN (30) DAYS AFTER
THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU
MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW, WHICH CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
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.
Date: March 1, 2012
By: L`
J i S. Madden, Esquire
.ID No 209536
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
Counsel for Mid Penn Bank
MID PENN BANK,
V.
STANLEY N. DYE and
SUSAN E. DYE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
`
ma'r ? ={ ny
-
?
C:)
No. C"-,l
Defendants
NOTICE PURSUANT TO 42 Pa.C.S. 4 2737.1
Please take notice that the plaintiff in this matter has entered judgment by confession
against you in the amount of $2,644,252.40.
You are entitled to a petition to "strike" or "open" the judgment. In order to do so, you
must promptly file a petition with the Court of Common Pleas of Cumberland County,
Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. Any such
petition can be filed with the clerk or Prothonotary at the courthouse in Carlisle, Cumberland
County.
A petition is a formal statement of your basis for challenging the judgment. You must
include the names of the parties at the top of the first page and the case number, which is shown
above. The petition must state your reasons for challenging the judgment in separate numbered
paragraphs. You have to sign the petition and include a sworn statement at the end of the
document verifying that the facts you state in the petition are true and accurate. You will waive
any defense and objections not included in your petition to strike or open. You must therefore
make every effort to raise all possible issues and defenses in your petition to strike or open in
order to avoid waiving any claims.
If you elect to file a petition, you must meet the requirements of Rule 2959 of the Rules
of Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to
comply with local rules of procedure in effect in the county where the judgment was entered.
If you do not file a petition challenging the judgment, the Plaintiff may take steps to
collect on the judgment by asking the Sheriff to seize your assets. Accordingly, you should
immediately seek the advice of attorney. If you wish to discuss the matter with an attorney but
do not know how to find one, you may request a referral by contacting the following agency:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
Corporations may be unable to represent themselves in court. If the defendants include a
corporation, the corporation must appear through an attorney if it intends to challenge the
judgment.
You may receive other papers and notices regarding the judgment. Those other papers do
not negate or override this Notice. Likewise, this Notice is not intended to and does not negate
any of the notices or information obtained in other papers that may be served upon you.
We reiterate that you are required to act promptly if you wish to seek relief from the
judgment. Under certain circumstances, you have only 30 days in which to file a petition after
papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order
to protect your interests. Failing to act in a timely manner will render you unable to challenge
the judgment at a later time.
If you were incorrectly identified and judgment was entered against you in error you
may be entitled to collect cost and reasonable attorney's fees as determined by the Court.
By: I
i S. Madden, Esquire
a' ID No 209536
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
Counsel for Mid Penn Bank
Rule 2959. Striking off or Opening Judgment. Pleadings. Procedure.
(a)(1) Relief from judgment by confession shall be sought by petition. Except as provided in
subparagraph (2), all grounds for relief whether to strike off the judgment or to open judgment must be
asserted in a single petition. The petition may be filed in the county in which the judgment was originally
entered, in any county to which the judgment has been transferred or in any other county in which the
sheriff received a writ of execution directed to the sheriff to enforce the judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not voluntary,
intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has not stayed execution
despite the timely filing of a petition for relief from the judgment and the presentation of prima
facie evidence of a defense; and
(ii) as provided by Rule 2958.3 or Rule 2973.3
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the
petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that
there were compelling reasons for the delay, a petition not timely filed shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may
grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an
answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by
local rule or special order.
(c) A party waives all defense and objections which are not in the petition or answer.
(d) The petition and rule to show cause and the answer shall be served as provided in Rule 440.
(e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions,
admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar
as it seeks to open the judgment pending deposition of the application to strike off the judgment. If the
evidence is produced which in a jury trial would require the issues to be submitted to the jury the court
shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to
strike off or open the judgment are pending.
(g)(1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with
instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or
regarding any rights available to an incorrectly identified debtor.
(2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision
(g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after
the effective date.
MID PENN BANK,
V.
STANLEY N. DYE and
SUSAN E. DYE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA,--,
..J
Plaintiff r
k R
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No. 6
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Defendants C. r ,-"
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, Stanley N. Dye 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: ??_.
my C
Sworn to and subscribed
before me this day
Of rib ALk cL,1
T
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial seal
Michelle Lugo, Notary Public
Upper Allen Twp., Cumberland County
My Commission Ex ires Aug. 4, 2014
Member. Pennsvivania Association of Notaries
MID PENN BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DYE and
STANLEY N
.
SUSAN E. DYE No.?
f _ ,3 96 c ? ?? rent
C
MM 3:0
_O
Defendants
AFFIDAVIT OF NON-MILITARY SERVICE = C
1, Amy Custer, being duly sworn according to law, depose and say that I am axe o Ki er-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, Susan E. Dye 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:
yiy Cu
Sworn to and subscribed
before me this day
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Michelle Lugo, Notary Public
Upper Allen Twp., Cumberland County
My Commission Expires Aug. 4, 2014
Member. Pennsvlvanla Association of Notaries
MID PENN BANK,
V.
STANLEY N. DYE and
SUSAN E. DYE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No.
Defendants
TO: Stanley N. Dye
35 W. North Street
Carlisle, PA 17013
Susan N. Dye
35 W. North Street
Carlisle, PA 17013
NOTICE
Pursuant to Pa.R.C.P. 236, you are hereby notified that judgment by confession has been
entered against you in the above-captioned matter.
Date: ?7) "'- 'w/ I-
•?
Prothonotary
It
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI
CIVIL DIVISION c?
PRAECIPE FOR WRIT OF EXECUTION rr,
Mid Penn Bank 0 Confessed Judgment ter`
Plaintiff ? Other r
VS. File No.
Stanley N. Dye & Susan N. Dye Amount Due $2,300,460.81 >
r.a
N
i
.L
Defendant Interest $25,925.48
Address: Atty'sComm $232, 638.73
35 w. North Street costs /Late Fees- $85,226.32
Carlisle, Pennsylvania 17013
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Curnberiand
County, for debt, interest and costs, upon the following described property of the defendant (s)
See attached legal descriptions.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of'lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date _ /f4, r / 2- Signature:
/T'-
Print Name: ni S. Madden, Esq.
4 „? a P t`` y Address: 080 Linglestown Rd.
a-Ll C4
Attorney for:
Harrisburg, PA 17110
Mid Penn Bank
Telephone: (717) 540-9170
Supreme Court ID No: 209536
jd ?t?c LL
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.a -rt
LEGAL DESCRIPTIONS
155 Salem Church Road, Mechanicsburg, Pennsylvania 17050
Tax Parcel No. 10-20-1838-005
90 Salem Church Road, Mechanicsburg, Pennsylvania 17050
Tax Parcel No. 10-19-1606-018
TRACT NO. 1
ALL THAT CERTAIN tract of land situate in Hampden Township,
Cumberland county, Pennsylvania, more particularly bounded and
described according to a survey made by Ronald S. Raffensperger,
Registered Surveyor, dated March 11, 1982, as follows, to wit:
BEGINNING at a point in the center of Salem Church Road, also known
as L.R. Rt. No. 21069, which point is at the Southeast corner at lands now
or formerly of Jay Wilson; thence through the center of Salem Church
Road south four (4) degrees west three hundred fifteen and forty-four one-
hundredths (315.44) feet to a point; thence along lands now or formerly of
Roger Stapp South seventy-six (76) degrees West a distance of twenty-
two and eighty-six one-hundredths (22.86) feet to an iron pin, thence
along lands now or formerly of Roger Stapp and Frank E. Broxtermann,
south seventy-six (76) degrees West a distance of one thousand forty-
three and thirty-eight one-hundredths (1,043.38) feet to an iron pin and
pipe marker at the line of lands now or formerly of Margaret Masters;
thence along the same North seven (7) degrees ten (10) minutes West a
distance of three hundred two and fifteen one-hundredths (302.15) feet to
an iron pin on the South side of lands now or formerly of W.W. Kelley;
thence along same and lands now or formerly of Jay Wilson North
seventy-six (76) degrees East a distance of one thousand one hundred
two and forty-four (1,102.44) feet to an iron pin' thence along lands now or
formerly or Jay Wilson North seventy-six (76) degrees East a distance of
twenty-five and thirty-three one-hundredths (25.33) feet to a point in the
center of Salem Church Road, the place of BEGINNING.
HAVING THEREON erected a mobile home park known as "The Six Links
Mobile Home Park."
TRACT NO. 2
ALL THOSE CERTAIN four parcel of land situated in the Township of
Hampden, County of Cumberland and Commonwealth of Pennsylvania,
more particularly bounded and described as follows, to wit:
Parcel #1: BEGINNING at a point in the center line of Salem Church
Road, said point being located also at the southern side of a 50 feet wide
private right-of-way and also being located southwardly from the center
line of Carlisle Pike (U.S. Route 11), a distance of 568.84 feet, more or
less; thence, along the South side of the aforementioned 50 feet wide
right-of-way, South 65 degrees, 41 minutes 14 seconds East, a distance
of 525.59 feet to a point in the center line of a second 50 feet wide private
right-of-way; thence, along the center line of said second 50 feet wide
private right-of-way, South 02 degrees, 33 minutes, 34 seconds West, a
distance of 255 feet to a spike; thence, along the line of lands now or
formerly of Ira B. Geib, North 65 degrees, 44 minutes, 52 seconds West, a
distance of 527 feet to a point in the center line of Salem Church Road,
North 02 degrees, 54 minutes 0 seconds East, a distance of 255 feet to a
point, the place of BEGINNING. Containing 2.769 net acres, more or less.
Parcel No. 2: BEGINNING at an iron spike which is at the intersection of
the eastern side of a 50 feet wide right-of-way which parallels Salem
Church Road and at the southern side of a 50 feet wide private right-of-
way which parallels Carlisle Pike, said spike also being located 552.44
feet, more or less, from the center line of Salem Church Road; thence,
along the southern side of the 50 feet wide right-of-way which parallels the
Carlisle Pike, south 65 degrees, 41 minutes, 14 seconds East, a distance
of 249 feet to an iron pin; thence, continuing along the southern side of the
last-mentioned right-of-way, South 65 degrees, 19 minutes, 30 seconds
East, a distance of 194.61 feet to an iron pin at the line of Parcel #4,
hereinafter described; thence, along said last-mentioned line, South 24
degrees, 57 minutes, 0 seconds West, a distance of 499.60 feet to an iron
pin; thence along the northern side of still another 50 feet wide private
right-of-way, North 64 degrees, 55 minutes, 38 seconds West, a distance
of 239.51 feet to a spike at the eastern side of the 50 feet wide private
right-of-way, parallel to Salem Church Road, first mentioned herein;
thence, along the eastern side of the last-mentioned private right-of-way,
North 02 degrees, 33 minutes, 34 seconds East, a distance of 535.77 feet
to a spike, the place of BEGINNING. Containing 3.908 net acres, more or
less.
Parcel #3: BEGINNING at an iron pin at the southern side of a 50 feet
wide private right-of-way which parallels Carlisle Pike, and at, the
northeast corner of Parcel #3, hereinabove described; said iron pin being
located 996.05 feet, more or less, from the center line of Salem Church
Road; thence, along the southern side of the aforementioned private right-
of-way, South 65 degrees, 19 minutes, 30 seconds East, a distance of 250
feet to a concrete monument at the line of lands now or formerly of Hall's
Motor Freight, Inc.; thence, along the line of said last-mentioned lands,
South 25 degrees, 07 minutes, 50 seconds West, a distance of 1,309.87
feet to a concrete monument at the line of lands now or formerly of
Steward Myers; thence, along said land now or late of Myers, North 14
degrees, 56 minutes, 24 seconds West, a distance of 385.24 feet to an
iron pin at the line of lands of Pennsylvania Power & Light Company;
thence, along the line of lands of Pennsylvania Power & Light Company,
North 25 degrees, 05 minutes, 52 seconds East, a distance of 463.48 feet
to an iron pin at the southern side of a 50 feet wide private right-of-way;
thence, across the eastern terminus of the aforementioned right-of-way
and along the eastern side of Parcel #3, hereinabove described, North 24
degrees, 57 minutes, 0 seconds East, a distance of 549.60 feet to an iron
pin, the place of BEGINNING. Containing 6.628 net acres, more or less.
BEING the same premises described as Tract #1 and Tract # 2, Parcels
#2, #3 and #4, which Carlisle Pike Associates, by Deed dated April 19,
2005 and recorded in the Office of the Recorder of Deed of Cumberland
County, Pennsylvania, in Deed Book 268, Page 2327 granted and
conveyed unto Stanley N. Dye and Susan E. Dye.
2060 Spring Road, Carlisle, Pennsylvania, 17013
Tax Parcel No. 29-16-1094-025
ALL those two (2) certain tracts of land, together with the improvements
thereon erected, situate in North Middleton Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a
survey of Stephen G. Fisher, R.S., dated May 27, 1997, Drawing No.
77072, bounded and described as follows:
Tract No. 1:
BEGINNING at a point in the center of Pa. Route 34, L.R. 40 at the
northeast corner of Tract No. 2 herein; thence, by Tract No. 2 North 62°
08' West 141.77 feet to a pipe; thence by land now or formerly of Chester
Schlusser North 6° 41' East 199.36 feet to an angle iron; thence by land
now or formerly of Ray B. Sheller North 150 21' East 74.58 feet to an
angle iron; thence by the same South 740 14' 30" East 84.10 feet to a
point in the center of Pa. Route 34; thence by the center of Pa. Route 34
South 5° 43' 58" West 114.62 feet to a point; thence by the same South 0°
42' 20" East 100.00 feet to a point; thence by the same South 6° 42' 04"
East 100 feet to a point, the Place of Beginning.
CONTAINING 23,186.29 square feet, exclusive of right-of-way.
Tract No. 2:
BEGINNING at a point in the center of Pa. Route 34, L.R. 40 at southeast
corner of Tract No. 1 herein; thence by Tract No. 1 North 620 08' West
141.77 feet to a pipe; thence by land now or formerly of Ray A. Bear
South 2° 15' East 325.22 feet to an iron pipe on the eastern right-of-way of
Darr Avenue; thence by the eastern right-of-way of Darr Avenue by a
curve to the right with a radius of 123.5 a distance of 4.08 feet to an iron
pipe; thence by the northern right-of-way line of Lakeview Drive North 840
05' 35" East 152.59 feet point in the center of Pa. Route 34; thence by the
center of Pa. Route 34 North 91 28' 30" West 250.00 feet to a point, the
Place of Beginning.
CONTAINING 34,292.18 square feet exclusive of right-of-way.
BEING COMMONLY referred to as 2050 Spring Road, Carlisle, PA 17013
BEING the same premises which V, George Winston and Carol G.
Winston his wife by their dated October 16, 2001 and recorded on October
19, 2001 in the Office of the Recorder of Deeds in Deed Book 248, Page
4274, granted and conveyed to Stanley N. Dye and Susan E. Dye, the
mortgagors herein.
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 ri
.-27 r r
T
(717) 540-9170 rr.
-,
sschiffman@ssbc-law.com
jmadden(a)ssbc-law.com
MID PENN BANK,
IN THE COURT OF COMMON P S 4
CUMBERLAND COUNTY, PENNSYLVANIA'
Plaintiff
V.
STANLEY N. DYE and
SUSAN E. DYE No.
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: June 6, 2012
TIME: 10 AM
LOCATION: Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17103
THE PROPERTIES TO BE SOLD are 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 properties to be sold are:
155 Salem Church Road, Mechanicsburg, Pennsylvania 17050
90 Salem Church Road, Mechanicsburg, Pennsylvania 17050
6820 Carlisle Pike, Mechanicsburg, Pennsylvania 17050
THE JUDGMENT under or pursuant to which the property is being sold is docketed in
the within Commonwealth and County to:
THE NAME OF THE OWNER OR REPUTED OWNER of this property is:
Stanley N. Dye and Susan E. Dye
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 1'O 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 Sheriff's 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 DESCRIPTIONS
155 Salem Church Road, Mechanicsburg, Pennsylvania 17050
Tax Parcel No. 10-20-1838-005
90 Salem Church Road, Mechanicsburg, Pennsylvania 17050
Tax Parcel No. 10-19-1606-018
TRACT NO. 1
ALL THAT CERTAIN tract of land situate in Hampden Township,
Cumberland county, Pennsylvania, more particularly bounded and
described according to a survey made by Ronald S. Raffensperger,
Registered Surveyor, dated March 11, 1982, as follows, to wit:
BEGINNING at a point in the center of Salem Church Road, also known
as L.R. Rt. No. 21069, which point is at the Southeast corner at lands now
or formerly of Jay Wilson; thence through the center of Salem Church
Road south four (4) degrees west three hundred fifteen and forty-four one-
hundredths (315.44) feet to a point; thence along lands now or formerly of
Roger Stapp South seventy-six (76) degrees West a distance of twenty-
two and eighty-six one-hundredths (22.86) feet to an iron pin, thence
along lands now or formerly of Roger Stapp and Frank E. Broxtermann,
south seventy-six (76) degrees West a distance of one thousand forty-
three and thirty-eight one-hundredths (1,043.38) feet to an iron pin and
pipe marker at the line of lands now or formerly of Margaret Masters;
thence along the same North seven (7) degrees ten (10) minutes West a
distance of three hundred two and fifteen one-hundredths (302.15) feet to
an iron pin on the South side of lands now or formerly of W.W. Kelley;
thence along same and lands now or formerly of Jay Wilson North
seventy-six (76) degrees East a distance of one thousand one hundred
two and forty-four (1,102.44) feet to an iron pin' thence along lands now or
formerly or Jay Wilson North seventy-six (76) degrees East a distance of
twenty-five and thirty-three one-hundredths (25.33) feet to a point in the
center of Salem Church Road, the place of BEGINNING.
HAVING THEREON erected a mobile home park known as "The Six Links
Mobile Home Park."
TRACT NO. 2
ALL THOSE CERTAIN four parcel of land situated in the Township of
Hampden, County of Cumberland and Commonwealth of Pennsylvania,
more particularly bounded and described as follows, to wit:
Parcel #1: BEGINNING at a point in the center line of Salem Church
Road, said point being located also at the southern side of a 50 feet wide
private right-of-way and also being located southwardly from the center
line of Carlisle Pike (U.S. Route 11), a distance of 568.84 feet, more or
less; thence, along the South side of the aforementioned 50 feet wide
right-of-way, South 65 degrees, 41 minutes 14 seconds East, a distance
of 525.59 feet to a point in the center line of a second 50 feet wide private
right-of-way; thence, along the center line of said second 50 feet wide
private right-of-way, South 02 degrees, 33 minutes, 34 seconds West, a
distance of 255 feet to a spike; thence, along the line of lands now or
formerly of Ira B. Geib, North 65 degrees, 44 minutes, 52 seconds West, a
distance of 527 feet to a point in the center line of Salem Church Road,
North 02 degrees, 54 minutes 0 seconds East, a distance of 255 feet to a
point, the place of BEGINNING. Containing 2.769 net acres, more or less.
Parcel No. 2: BEGINNING at an iron spike which is at the intersection of
the eastern side of a 50 feet wide right-of-way which parallels Salem
Church Road and at the southern side of a 50 feet wide private right-of-
way which parallels Carlisle Pike, said spike also being located 552.44
feet, more or less, from the center line of Salem Church Road; thence,
along the southern side of the 50 feet wide right-of-way which parallels the
Carlisle Pike, south 65 degrees, 41 minutes, 14 seconds East, a distance
of 249 feet to an iron pin; thence, continuing along the southern side of the
last-mentioned right-of-way, South 65 degrees, 19 minutes, 30 seconds
East, a distance of 194.61 feet to an iron pin at the line of Parcel #4,
hereinafter described; thence, along said last-mentioned line, South 24
degrees, 57 minutes, 0 seconds West, a distance of 499.60 feet to an iron
pin; thence along the northern side of still another 50 feet wide private
right-of-way, North 64 degrees, 55 minutes, 38 seconds West, a distance
of 239.51 feet to a spike at the eastern side of the 50 feet wide private
right-of-way, parallel to Salem Church Road, first mentioned herein;
thence, along the eastern side of the last-mentioned private right-of-way,
North 02 degrees, 33 minutes, 34 seconds East, a distance of 535.77 feet
to a spike, the place of BEGINNING. Containing 3.908 net acres, more or
less.
Parcel #3: BEGINNING at an iron pin at the southern side of a 50 feet
wide private right-of-way which parallels Carlisle Pike, and at, the
northeast corner of Parcel #3, hereinabove described; said iron pin being
located 996.05 feet, more or less, from the center line of Salem Church
Road; thence, along the southern side of the aforementioned private right-
of-way, South 65 degrees, 19 minutes, 30 seconds East, a distance of 250
feet to a concrete monument at the line of lands now or formerly of Hall's
Motor Freight, Inc.; thence, along the line of said last-mentioned lands,
South 25 degrees, 07 minutes, 50 seconds West, a distance of 1,309.87
feet to a concrete monument at the line of lands now or formerly of
Steward Myers; thence, along said land now or late of Myers, North 14
degrees, 56 minutes, 24 seconds West, a distance of 385.24 feet to an
iron pin at the line of lands of Pennsylvania Power & Light Company;
thence, along the line of lands of Pennsylvania Power & Light Company,
North 25 degrees, 05 minutes, 52 seconds East, a distance of 463.48 feet
to an iron pin at the southern side of a 50 feet wide private right-of-way;
thence, across the eastern terminus of the aforementioned right-of-way
and along the eastern side of Parcel #3, hereinabove described, North 24
degrees, 57 minutes, 0 seconds East, a distance of 549.60 feet to an iron
pin, the place of BEGINNING. Containing 6.628 net acres, more or less.
BEING the same premises described as Tract #1 and Tract # 2, Parcels
#2, #3 and #4, which Carlisle Pike Associates, by Deed dated April 19,
2005 and recorded in the Office of the Recorder of Deed of Cumberland
County, Pennsylvania, in Deed Book 268, Page 2327 granted and
conveyed unto Stanley N. Dye and Susan E. Dye.
2050 Spring Road, Carlisle, Pennsylvania, 17013
Tax Parcel No. 29-16-1094-025
ALL those two (2) certain tracts of land, together with the improvements
thereon erected, situate in North Middleton Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a
survey of Stephen G. Fisher, R.S., dated May 27, 1997, Drawing No.
77072, bounded and described as follows:
Tract No. 1:
BEGINNING at a point in the center of Pa. Route 34, L.R. 40 at the
northeast corner of Tract No. 2 herein; thence, by Tract No. 2 North 62°
08' West 141.77 feet to a pipe; thence by land now or formerly of Chester
Schlusser North 60 41' East 199.36 feet to an angle iron; thence by land
now or formerly of Ray B. Sheller North 150 21' East 74.58 feet to an
angle iron; thence by the same South 740 14' 30" East 84.10 feet to a
point in the center of Pa. Route 34; thence by the center of Pa. Route 34
South 50 43' 58" West 114.62 feet to a point; thence by the same South 00
42' 20" East 100.00 feet to a point; thence by the same South 60 42' 04"
East 100 feet to a point, the Place of Beginning.
CONTAINING 23,186.29 square feet, exclusive of right-of-way.
Tract No. 2:
BEGINNING at a point in the center of Pa. Route 34, L.R. 40 at southeast
corner of Tract No. 1 herein; thence by Tract No. 1 North 620 08' West
141.77 feet to a pipe; thence by land now or formerly of Ray A. Bear
South 20 15' East 325.22 feet to an iron pipe on the eastern right-of-way of
Darr Avenue; thence by the eastern right-of-way of Darr Avenue by a
curve to the right with a radius of 123.5 a distance of 4.08 feet to an iron
pipe; thence by the northern right-of-way line of Lakeview Drive North 84°
05' 35" East 152.59 feet point in the center of Pa. Route 34; thence by the
center of Pa. Route 34 North 9° 28' 30" West 250.00 feet to a point, the
Place of Beginning.
CONTAINING 34,292.18 square feet exclusive of right-of-way.
BEING COMMONLY referred to as 2050 Spring Road, Carlisle, PA 17013
BEING the same premises which V, George Winston and Carol G.
Winston his wife by their dated October 16, 2001 and recorded on October
19, 2001 in the Office of the Recorder of Deeds in Deed Book 248, Page
4274, granted and conveyed to Stanley N. Dye and Susan E. Dye, the
mortgagors herein.
711
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
sschiffmanLc?ssbc-law.com
j madden&ssbc-law. com
y
MID PENN BANK,
V.
STANLEY N. DYE and
SUSAN E. DYE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No.
Defendants
WAIVER OF WATCHMAN
Any Deputy Sheriff levying upon or attaching any property under within Writ may leave same
without a watchman, in custody of whoever is found in possession, (after notifying such person
of such levy or attachment), without liability on the part of such Deputy or the Sheriff to any
Plaintiff herein for any loss, destruction or removal of any such property before Sheriff's Sale
thereof.
i' i Y7 u
J i S. Madden
Attorney for Plaintiff
Steven J. Schiffinan, Esq.
Jem 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(4 ssbc-law.com
imadden@ssbc-law.com
MID PENN BANK,
Plaintiff
V.
STANLEY N. DYE and
SUSAN E. DYE
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. -) C? 1 Q / 3 f) v ( i U' , C
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):
Stanley N. Dye
35 W. North Street
Carlisle, PA 17013
Susan N. Dye
35 W. North Street
Carlisle, PA 17013
2. Name and address of defendant(s) in the judgment:
Stanley N. Dye
35 W. North Street
Carlisle, PA 17013
Susan N. Dye
35 W. North Street
Carlisle, PA 17013
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
Township of Hampden
c/o Keith Brenneman, Esquire
Snelbaker & Brenneman, P.C.
44 W. Main Street
Mechanicsburg, PA 17055
Township of Hampden
230 S. Sporting Hill Road
Mechanicsburg, PA 17055
Farmers and Merchants Trust Co. of Chambersburg
c/o Scott Dietterick, Esquire
James, Smith, Dietterick & Connelly, L.L.P.
P.O. Box 650
Hershey, PA 17033
Orrstown Bank
c/o Elizabeth J. Goldstein, Esquire
Dilworth Paxson, LLP
112 Market Street, Suite 800
Harrisburg, PA 17101
Cumberland County Tax Claim Bureau
c/o Stephen Tiley, Esquire
Frey & Tiley
5 S Hanover Street
Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
Farmers and Merchants Trust Co. of Chambersburg
Commercial Services Department
20 South Main Street
P.O. Box 6010
Chambersburg, PA 17201
Orrstown Bank
North Middleton Office
77 East King Street PO Box 250
Shippensburg, PA 17257
Richard S. Deitch
2122 Newville Road
Carlisle, Pennsylvania 17013
5. Name and address of ever 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
Commonwealth of Pennsylvania
Department of Public Welfare
Address
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania
Inheritance Tax Office
PA Department of Revenue
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
Internal Revenue Service
Technical Support Group
1400 Spring Garden St.
Philadelphia, PA 19130
6`" Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
PO Box 8486
Harrisburg, PA 17105-8486
William Green Federal Building
Room 3259, 600 Arch Street
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
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.
Date: ?CC? J 2?? 12
den, Esq.
JttomJS. yc
r Plai
ntiff
LEGAL DESCRIPTIONS
155 Salem Church Road, Mechanicsburg, Pennsylvania 17050
Tax Parcel No. 10-20-1838-005
90 Salem Church Road, Mechanicsburg, Pennsylvania 17050
Tax Parcel No. 10-19-1606-018
TRACT NO. 1
ALL THAT CERTAIN tract of land situate in Hampden Township,
Cumberland county, Pennsylvania, more particularly bounded and
described according to a survey made by Ronald S. Raffensperger,
Registered Surveyor, dated March 11, 1982, as follows, to wit:
BEGINNING at a point in the center of Salem Church Road, also known
as L.R. Rt. No. 21069, which point is at the Southeast corner at lands now
or formerly of Jay Wilson; thence through the center of Salem Church
Road south four (4) degrees west three hundred fifteen and forty-four one-
hundredths (315.44) feet to a point; thence along lands now or formerly of
Roger Stapp South seventy-six (76) degrees West a distance of twenty-
two and eighty-six one-hundredths (22.86) feet to an iron pin, thence
along lands now or formerly of Roger Stapp and Frank E. Broxtermann,
south seventy-six (76) degrees West a distance of one thousand forty-
three and thirty-eight one-hundredths (1,043.38) feet to an iron pin and
pipe marker at the line of lands now or formerly of Margaret Masters;
thence along the same North seven (7) degrees ten (10) minutes West a
distance of three hundred two and fifteen one-hundredths (302.15) feet to
an iron pin on the South side of lands now or formerly of W.W. Kelley;
thence along same and lands now or formerly of Jay Wilson North
seventy-six (76) degrees East a distance of one thousand one hundred
two and forty-four (1,102.44) feet to an iron pin' thence along lands now or
formerly or Jay Wilson North seventy-six (76) degrees East a distance of
twenty-five and thirty-three one-hundredths (25.33) feet to a point in the
center of Salem Church Road, the place of BEGINNING.
HAVING THEREON erected a mobile home park known as "The Six Links
Mobile Home Park."
TRACT NO. 2
ALL THOSE CERTAIN four parcel of land situated in the Township of
Hampden, County of Cumberland and Commonwealth of Pennsylvania,
more particularly bounded and described as follows, to wit:
Parcel #1: BEGINNING at a point in the center line of Salem Church
Road, said point being located also at the southern side of a 50 feet wide
private right-of-way and also being located southwardly from the center
line of Carlisle Pike (U.S. Route 11), a distance of 568.84 feet, more or
less; thence, along the South side of the aforementioned 50 feet wide
right-of-way, South 65 degrees, 41 minutes 14 seconds East, a distance
of 525.59 feet to a point in the center line of a second 50 feet wide private
right-of-way; thence, along the center line of said second 50 feet wide
private right-of-way, South 02 degrees, 33 minutes, 34 seconds West, a
distance of 255 feet to a spike; thence, along the line of lands now or
formerly of Ira B. Geib, North 65 degrees, 44 minutes, 52 seconds West, a
distance of 527 feet to a point in the center line of Salem Church Road,
North 02 degrees, 54 minutes 0 seconds East, a distance of 255 feet to a
point, the place of BEGINNING. Containing 2.769 net acres, more or less.
Parcel No. 2: BEGINNING at an iron spike which is at the intersection of
the eastern side of a 50 feet wide right-of-way which parallels Salem
Church Road and at the southern side of a 50 feet wide private right-of-
way which parallels Carlisle Pike, said spike also being located 552.44
feet, more or less, from the center line of Salem Church Road; thence,
along the southern side of the 50 feet wide right-of-way which parallels the
Carlisle Pike, south 65 degrees, 41 minutes, 14 seconds East, a distance
of 249 feet to an iron pin; thence, continuing along the southern side of the
last-mentioned right-of-way, South 65 degrees, 19 minutes, 30 seconds
East, a distance of 194.61 feet to an iron pin at the line of Parcel #4,
hereinafter described; thence, along said last-mentioned line, South 24
degrees, 57 minutes, 0 seconds West, a distance of 499.60 feet to an iron
pin; thence along the northern side of still another 50 feet wide private
right-of-way, North 64 degrees, 55 minutes, 38 seconds West, a distance
of 239.51 feet to a spike at the eastern side of the 50 feet wide private
right-of-way, parallel to Salem Church Road, first mentioned herein;
thence, along the eastern side of the last-mentioned private right-of-way,
North 02 degrees, 33 minutes, 34 seconds East, a distance of 535.77 feet
to a spike, the place of BEGINNING. Containing 3.908 net acres, more or
less.
Parcel #3: BEGINNING at an iron pin at the southern side of a 50 feet
wide private right-of-way which parallels Carlisle Pike, and at, the
northeast corner of Parcel #3, hereinabove described; said iron pin being
located 996.05 feet, more or less, from the center line of Salem Church
Road; thence, along the southern side of the aforementioned private right-
of-way, South 65 degrees, 19 minutes, 30 seconds East, a distance of 250
feet to a concrete monument at the line of lands now or formerly of Hall's
Motor Freight, Inc.; thence, along the line of said last-mentioned lands,
South 25 degrees, 07 minutes, 50 seconds West, a distance of 1,309.87
feet to a concrete monument at the line of lands now or formerly of
Steward Myers; thence, along said land now or late of Myers, North 14
degrees, 56 minutes, 24 seconds West, a distance of 385.24 feet to an
iron pin at the line of lands of Pennsylvania Power & Light Company;
thence, along the line of lands of Pennsylvania Power & Light Company,
North 25 degrees, 05 minutes, 52 seconds East, a distance of 463.48 feet
to an iron pin at the southern side of a 50 feet wide private right-of-way;
thence, across the eastern terminus of the aforementioned right-of-way
and along the eastern side of Parcel #3, hereinabove described, North 24
degrees, 57 minutes, 0 seconds East, a distance of 549.60 feet to an iron
pin, the place of BEGINNING. Containing 6.628 net acres, more or less.
BEING the same premises described as Tract #1 and Tract # 2, Parcels
#2, #3 and #4, which Carlisle Pike Associates, by Deed dated April 19,
2005 and recorded in the Office of the Recorder of Deed of Cumberland
County, Pennsylvania, in Deed Book 268, Page 2327 granted and
conveyed unto Stanley N. Dye and Susan E. Dye.
2050 Spring Road, Carlisle, Pennsylvania, 17013
Tax Parcel No. 29-16-1094-025
ALL those two (2) certain tracts of land, together with the improvements
thereon erected, situate in North Middleton Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a
survey of Stephen G. Fisher, R.S., dated May 27, 1997, Drawing No.
77072, bounded and described as follows:
Tract No. 1:
BEGINNING at a point in the center of Pa. Route 34, L.R. 40 at the
northeast corner of Tract No. 2 herein; thence, by Tract No. 2 North 620
08' West 141.77 feet to a pipe; thence by land now or formerly of Chester
Schlusser North 60 41' East 199.36 feet to an angle iron; thence by land
now or formerly of Ray B. Sheller North 150 21' East 74.58 feet to an
angle iron; thence by the same South 740 14' 30" East 84.10 feet to a
point in the center of Pa. Route 34; thence by the center of Pa. Route 34
South 5° 43' 58" West 114.62 feet to a point; thence by the same South 0°
42' 20" East 100.00 feet to a point; thence by the same South 6° 42' 04"
East 100 feet to a point, the Place of Beginning.
CONTAINING 23,186.29 square feet, exclusive of right-of-way.
Tract No. 2:
BEGINNING at a point in the center of Pa. Route 34, L.R. 40 at southeast
corner of Tract No. 1 herein; thence by Tract No. 1 North 6211, 08' West
141.77 feet to a pipe; thence by land now or formerly of Ray A. Bear
South 20 15' East 325.22 feet to an iron pipe on the eastern right-of-way of
Darr Avenue; thence by the eastern right-of-way of Darr Avenue by a
curve to the right with a radius of 123.5 a distance of 4.08 feet to an iron
pipe; thence by the northern right-of-way line of Lakeview Drive North 840
05' 35" East 152.59 feet point in the center of Pa. Route 34; thence by the
center of Pa. Route 34 North 90 28' 30" West 250.00 feet to a point, the
Place of Beginning.
CONTAINING 34,292.18 square feet exclusive of right-of-way.
BEING COMMONLY referred to as 2050 Spring Road, Carlisle, PA 17013
BEING the same premises which V, George Winston and Carol G.
Winston his wife by their dated October 16, 2001 and recorded on October
19, 2001 in the Office of the Recorder of Deeds in Deed Book 248, Page
4274, granted and conveyed to Stanley N. Dye and Susan E. Dye, the
mortgagors herein.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 2012-1390 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MID PENN BANK Plaintiff (s)
From STANLEY N. DYE AND SUSAN N. DYE
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$2,300,460.87
Interest $25,926.48
Atty's Comm - $232,638.73
L.L.$.50
Due Prothy $2.25
Atty Paid $77.00
Plaintiff Paid
Date: 3/1/2012
Other Costs LATE FEES - $85,226.32
David D...Buell, Prothonotary
(Seal) By: g311M 1991671h a A7J
Deputy
REQUESTING PARTY:
Name JENI S. MADDEN, ESQ.
Address: SERRATELLI, SCHIFFMAN, & BROWN, P.C., 2080 LINGELSTOWN ROAD, SUITE
201, HARRISBURG, PA 17110-9670
Attorney for: PLAINTIFF
Telephone: 717-540-9170
Supreme Court ID No. 209536
S
MID PENN BANK,
Plaintiff
V.
STANLEY N. DYE and
SUSAN E. DYE
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 12-1390
ORDER
AND NOW, this/4A- day of ;y'lVlcte-J,-? , 2012, after consideration of
Plaintiff's Motion to Strike Judgment, and for good cause showed it is ORDERED that the
judgment entered by confession in this matter by Mid Penn Bank against Defendants Stanley N.
Dye and Susan E. Dye on March 1, 2012 is hereby STRICKEN.
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BY THE COURT: ° :-
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Distribution List:
?Jeni S. Madden, Esquire, 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110
? Lawrence G. Frank, Esquire, 212 Locust Street, Suite 500, Harrisburg, PA 17101
PS Ma,led 3fis?iz
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