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HomeMy WebLinkAbout12-3197 BARLEY SNYDER LLP William. C. Colby, Jr., Esquire Court I.D. No. 46880 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 SUSQUEHANNA BANK, Successor by Merger to GRAYSTONE BANK Plaintiff V. STEVEN E. WESTHAFER. Defendant Attornev for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a true and correct: copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor ofthe Plaintiff and against the Defendant, as follows: Principal Balance $ 473,534.08 Interest to and including 4/18%12 20,683.58 Late Fees 15,622.43 Attorneys' Fees _ 49,421.77 Total $ 559,261.86 Interest continues to accrue at the per diem rate of $75.63 from April 18, 2012, plus late fees, and costs of collection. By: 3550868 G SC)UU l -? a-7 S SD 'U A Nb? BARLEY SNYDER LLP William C. Colby, Jr., Esquire Court I.D. No. 46880 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, Successor by Merger to GRAYSTONE BANK Plainti f f v. STEVEN E. WESTHAFER. dant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW No. COMPLAINT CONFESSION OF JUDGMENT 1. The Plaintiff, Susquehanna Bank, Successor BY Merger to Graystone Bank, is a banking corporation maintaining an address of 1828 Good Hope Drive, Enola, PA 17025. 2. The Defendant, Steven E. Westhafer, is an adult individual with a last known address of 71 Silver Crown Drive, Mechanicsburg, PA 1.7055. 3- On May 31, 2006, for value received, in connection with a commercial loan, and not a consumer transaction, Cumberland Valley Development, Inc. (the "Business'`), issued to the order of, and delivered to the Plaintiff a certain Promissory Note (``Note"), pursuant to which the Business promised to pay the Plaintiff the principal amount of Nine Hundred Seven Thousand Dollars (S970,000.00), plus interest and late fees thereon as therein provided. A true and correct copy of the Note is attached hereto, made a part hereof, and marked Exhibit "A." 35508M 4. As security for the payment and performance of the obligations of the Business under the Note, the Defendant executed and delivered to the Plaintiff a certain Commercial Guaranty (the "Guaranty"), dated May 31, 2006; a true and correct copy of which is attached hereto. made a part hereof, and marked Exhibit "B." A true and correct copy of the Disclosure for Confession of Judgment is attached hereto, made a part hereof, and marked Exhibit "C". 5. The Note was modified by a Change in Terms Agreement dated May 22, 2008, modifying various terms and condition of the Note as described in the Agreement: and thereafter again modified by Change in Terms Agreements dated July 17, 2008, October 28, 2009, March 16, 2010, J une 25, 2010, and May 25, 2011 (collectively, the *'Agreements"). A true and correct copy of the Agreements is attached hereto, made a part hereof, and marked as Exhibit -D'". The Note and Agreements are hereinafter collectively referred to as the "Note". 6. The Business is in default because the Business has failed, refused, and continues to fail and refuse to pay the amount due Plaintiff as demanded by Plaintiff under and pursuant to the Note. T As a result of the default of the Business under the Note, the Plaintiff enters judgment against the Defendant. 8. Judgment has not been entered on the warrant of attorney contained in the Guaranty in any jurisdiction. 9. The Guaranty has not been assigned, and the Plaintiff remains the holder hereof. 10. Judgment is not being entered by confession against a. natural person in connection with a consumer credit transaction. 1 t . An itemization of the amount due and owing to the Plaintiff by the Defendant under the Guaranty, as of April 18, 2012, is as follows: ,5508(18 Principal Balance $ 473,534.08 Interest to and including 4/l. 8/12 20,683.58 Late Fees 15,622.4.3 Attorneys' Fees 49,421.77 Total $ 559,261.86 Interest continues to accrue at the per diem rate of $75.63 from April 18, 2012, plus late fees. and costs of collection. 12. The warrant of attorney contained in the Guaranty provides for confession of judgment against the Defendant for the amounts itemized as set forth in Paragraph 1 1 above. WHEREFORE, the Plaintiff, prays your Honorable Court to grantiudgment in favor of the Plaintiff and against the Defendant in the sum of Five Hundred Fifty-Nine Thousand Two Hundred Sixty-one Dollars and Eighty-six Cents ($559,261.86), plus interest at the per diem rate of $75.63, from April 18, 2012, late fees, and costs of collection. BARLEY SN/Y[)ER LLP By: Attorneys'ford-ntiff uire 5508r,,S PROMISSORY Non Borrower: Cumberland Valley Development, Inc. Lender: GRAYSTONE BANK 71 Silver Crown Drive Capital Commercial Banking Hegion Mechanicsburg, PA 17055 112 Market Street Harrisburg, PA 17101 Principal Amount: $970,000.00 Date of Note- May 31, 2006 PROMISE TO PAY. Cumberland Valley Development, Inc. ("Borrower") promises to pay to GRAYSTONE BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Hine Hundred Seventy Thousand & 001100 Dollars ($970,000.001 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 one payment of all outstanding principal plus all accrued unpaid interest on April 30, 2008. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning July 1, 2006, 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 late charges; and then to any unpaid collection costs. 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 Hate ithe "Index"). This is the rate Lender charges, or would charge, on 90-day unsecured ioans 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 day. Borrower understands that Lender may make loans based on other rates as well. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 1.000 percentage point over the Index. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law, Except for the foregoing, 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: GRAYSTONE BANK, ' 12 Market Street Harrisburg, PA 17101. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $250.00, 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 2.000 percentage point margin ("Default 'Rete 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. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, tha 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 Proceedidgs. 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 n surety bond for the creditor or forfeiture proceeeing, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty cf the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so cure any Event of Default. Change In Ownership. Any charge in ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material Advarse change occurs in Borrower's financial condition, or Lender believes the preapert of payment or performance of this Note is impaired. Cure Provisions. It any default, other than a default in payment is curable and if Borrower has not been given a notice nt a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default. (1) cures the default within fifteen (15) days; or (2) if the cure requires mere than fifteen (15) ? 01 `Y 4 PROMISSORY N0 7E Loan No. 4000001264 (Continued) Page 2 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay Borrower will pay Lender that amount. This inctudes, 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 cf 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 accountl- 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. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to further loan advances. 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 anv time may be evidenced by endorsements on this Note or by Lender's Internal records, including daily computer print-outs. CROSS COLLATERALIZE/CROSS DEFAULT. This loan will be cross-collateralized/cross-defaulted with ail other loans from Borrower, or any of Borrower's related entities, to Lender. If at anytime there is a default under this loan, all loans will be considered in default and all outstanding amounts under the loans will be immediately due and payable In full. A default in one loan shall constitute a default in all others. SECURITY. All collateral las herein defined) is security for this Note and any renewals, extensions and modifications thereof, and the payment, performance and discharge of all other present or future: indebtedness, obligations and undertakings {whether individual, joint, several, direct, contingent or otherwise) of the Borrower to or for the benefit of Lander, whether arising directly to Lender under this Note or under any other agreement, promissory note or undertakings now existing or hereinafter entered into by the Borrower to the Lender. The term "Collateral" Includes all tangible and intangible property (i) described in any mortgage, pledge, assignment or other security document separately executed in favor of Lender, and (ii) in which a security Interest has been granted to Lender pursuant to this Note. LETTER OF CREDIT. Lender, in conjunction with the writing of this Note, may Issue one or more Letters of Credit in amounts not to exceed the Note amount. Lender shall maintain at all times undishursed funds from the Note amount in quantity sufficient enough to cover the outstanding balance on any issued Letters of Credit. SUCCESSOR INTERESTS. The terms of this Nate shall be binding upon Borrower, and upon Rarrcwer's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them, 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. It any portion of this Note is for any reason determined to be unenforceable, it will not affect the entarcoability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREE'Y 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 (30%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT-NOT LESS THAN F:iVE HUNDRED DOLLARS 1$5001 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 M THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, 13UT 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: 4000001254 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS,AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: C ERLAND VALLEY D\E?VELOPP,AE , IN BY Lf ( (Seal) Steven E. Westhafer, Preside gt/of Cumberland Valley Development, Ina i LENDER: "s It PRO Le??IxO. Vw. 511.00.00, C.". I bibn?Froncld 51YU-. 1n c. IN?. 1006, 0Mahl, MRVU,d. -PA 6:V•ow4e1C,rt0L1 70- TR-116 ?- _ COMMERCIAL GUARANTY Borrower: Cumberland Valley Development, Inc. 71 Silver Crown Drive Mechanicsburg, PA '17055 Lender: GRAYSTONE BANK Capital Commercial Banking Region 112 Market Street Harrisburg, PA 17101 Guarantor: Steven E. Wosthafer I . ?' I ? ? IVe. Gout,1?1 rives ?(\ CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and wit[ otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower individually or collectively or interchangeably with others, owes or will owe Lender. "Indebtedness" Includes, without [imitation, loans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection apreements or foreign currency exchange agreements or commodity price protection agreements, other obligations, and liabilities of Borrower, and any present or future judgments against Borrower, future advances, loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or Involuntarily incurred; due; or to become clue by their terms or acceleration; absolute or contingent; liquidated or unliquiclated; determined or undetermined; direct or indirect; primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotlable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. It Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under All guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty wilt take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, unliquiclated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty will continue to bind Guarantor for all the Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardiess of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is rantfdipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions In the amount of the Indebtedness, even to zero dollars ($0.00), prior to Guarantor's: written revocation of this Guaranty shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any, of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or 'unsecured loans to Borrower, to tease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or ether terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to 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; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign o, transfer this Guaranty In whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES, Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is % COMMERCIAL GUARANTY Loan No: 4000001254 (Continued) Page 2 executed at Borrower's request and not at the request or Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (0) the provisions ut this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and du not result in a violation of any jaw, regulation, court decree or order applicable to Guarantor; (E) Guarantor has riot and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of ell or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (GI no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no. representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such Means of any facts, events, or circwnstances which might in any way affect Guarantor's risks under this Guaranty, and Guarawnr further agrees that Lender shall have no obligation to disclose to Guarantor any information or docurnents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but in no event later than one-hundred-twenty 1120) days after the end of each fiscal year, Guarantor's balance sheet and income statement for the year endcad, prepared by Guarantor. Tax Returns. As soon as available, but in no event later than one hundred-twenty (120) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by Guarantcr. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) ,o continue lending money or to extend other credit to Borrower; IB) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, Including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or defenses arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender tram bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, If at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness which is not barred by any appllcable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. if payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the robot of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable.and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy,, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender iwhether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for wh ch setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds it there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall he superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both :Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to fender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to tender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, frcm time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Refitted Documents, constitutes the entire understanding and agreement of the parties as COMMERCIAL GUARANTY Loan No; 4000001254 (Continued) Page 3 to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless green in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guaiantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. i Caption Headings. Caption Ixadings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law, This Guaranty 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 withoutt regard to its conflicts of law provisions. This Guaranty has been accepted by Lender In the Commonwealth of Pennsylvania. Choice of Vanua. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the i ourts of Dauphin County, Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnities and holds Lender harmless from all losses, claims, damages, and costs {including Lender's attorneys' feast suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations" and agreements of this paragraph. Interpretation. In all cases where there it more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. It a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary nor Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by ielefacsimile (unless otherwise required by law), when deposited with a. nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of tfie notice is to change the party's address, For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shalt operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall riot constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's hk:irs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. CROSS COLLATERALIZEICROSS DEFAULT. This loan will be cross-collateralized/cross-defaulted with all other loans from Burrower, or any of Borrower's related entities, to Lender. If at any time there is a default under this loan, all loans will be considered in default and all outstanding amounts under the loans will be immediately due and payable in full. A default in one loan shall constitute a default in all others. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references, to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall Include the singular, as the context may require. Words and terms not otherwise defined In this Guaranty shall have tfie meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Cumberland Valley Development, Inc. and includes all cosigners and co-maker; signing the Note and all their successors and assigns. GAAP. the word "GAAP" means generally accepted accounting principles. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Steven E. Westhafer, and In each case, airy signer's successors and assigns. Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means GRAYSTONE BANK, its successors and assigns. Note. The word "Note" mean's and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations COMMERCIAL GUARANTY Loan No: 4000001254 (Continued) Page 4 of and substRunons for promissory notes or credit agreements. Related Documents. I he words "Related Documents" mean all Prmnissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR 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 GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH'' OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTORI FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY 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 ACCRUEn 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 GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY 10 CONFESS JUDGMENT AGAINST! GUARANTOR 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 GUARANTY- GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR 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 GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR -ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED MAY 31, 20013. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL. CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: LIS0 PRO L-d . V- 5. 1.00.001 -waver---au.uo,,., iu.. ,?S r, zcro5. ui Nvpia•N.aw.r6. 1> S:-a„N-1-1101.20SC TN"4M DISCLOSURE FOR CONFESSION OF JUDGMENT Borrower: Cumberland Valley Development, Inc. Lender:. GRAYSTONE BANK 71 Silver Crown Drive Capital Commercial Banking Ragion Mechanicsburg, PA 17d55 112 Market Street Harrisburg, PA 17101 Declarant: Steven E. Westhafer 'j ? SI ? U2Y" (^.?r'a hoE1 l?t'i V-Q,__ p u J Mechanicsburg, PA 17055 r DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING. THIS?'_? _ DAY OF LL 20 A GUARANTY OF A PROMISSORY NOTE FOR $970.000.00 OBLIGATING ME TO REPAY THAT NI14OUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, 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 GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE 140TICE 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. 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 GUARANTY 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 GUARANTY. 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. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS yy__ 1- 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. ?vLV 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 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 TD LAW. DECLARANT: C\ 7 X? (Seal Steven E. Westhater lnSEx ETO I,mdnq, Vx. S.]I lIp.OEN feer. NeienR F:n.ne:A Sow,lon., N,e. 1991. 7M6. A4 ald,e Reesved. PEE 5\prnwhe4CfI1VlIDJO.l T11.A]5 DISCLOSURE FOR CONFESSIOIV OF JUDGMENT Declarant: Cumberland Valley Development, Inc- Lender: GRAYSTONE BANK 71 Silver Crown Drive Capital Commercial Banking Region Mechanicsburg, PA 17055 112 Market Street Harrisburg, PA 17101 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS 31'5T DAY OF ?t IAy T 2006 , A PROMISSORY NOTE FOR $970,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION TI4AT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT. AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT 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 DECLARANT'S PROPERTY, IN FULL OR 'PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. C- AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANT'S 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 DECLARANT'S ATTENTION, 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; CU 78kRLAND VALLEY DEVELOPMENT, I BY: !/V (Seal) Steven E.. Westhafer, President Cumberland Valley Development, Inc. ?- LASiA PRO W ;- V«. S.S1 WO Cep. N "Fln ad Sa--, M,. 1*1, 2p . M R:?1, -W. - Pr 6;$- ll,u\CPI'.LPU0J FC TR475 CHANGE IN TERMS AGREEMENT Borrower: Cumberland Valley Development, Inc. Lender: GRAYSTONE BANK 71 Silver Crown Drive Capital Region Mechanicsburg, PA 17055 112 Market Street Harrisburg. PA 17101 Principal Amount; $477,931.68 Date of Agreement: May 22, 2008 DESCRIPTION OF EXISTING INDEBTEDNESS. On May 31, 2006, Borrower executed and delivered to lender a Promissory Note in the original Principal Amount of Nine Hundred Seventy Thousand and 00/100 Dollars ($970,000.00) ("Note") with interest accruing at Lender's Prime Rate plus 1.00% and a Maturity Date of April 30, 2006. As of the date of this Agreement, the principal balance of this Note Is Four Hundred Seventy Seven Thousand fine Hundred Thirty One and 681100 Dollars ($477,931.138)• DESCRIPTION OF CHANGE IN TERMS. Effective the date of this Agreement, Lender and Borrower have, agreed to an extension of the Maturity Date to June 30, 2008 and changing the rate of interest to 6.75% fixed, all the terms of which are defined below under PAYMENT. PROMISE TO PAY. Cumberland Valley Development. Inc. ("Borrower") promises to pay to GRAYSTONE BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Four Hundred Seventy-seven Thousand Nine Hundred -thirty-one & 681100 Dollars {$477,931.68), together with interest at the rate of 6.750% per annum on the unpaid principal balance from May 22; 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 one principal payment of $477,931.68 plus interest on June 30, 2008_ This payment due on June 30, 2008, will be for all principal and all accrued interest not yet paid. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning May 30, 2008, 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 late charges; and then to any unpaid collection costs. Interest on this loan is computed on a 36,91360 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. 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. 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: GRAYSTONE BANK, 112 Market Street Harrisburg, PA 17101. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged '10.000% of the regularly scheduled payment or $250.00, 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 2.000 percentage points. It judgment is entered in connection with this Agreement, interest will continue to accrue after the date of judgment at the rate in effect Et the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable taw, DEFAULT. Each of the following shalt 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. insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver lot 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 A Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good taith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any. Guaranty of the Indebtedness evidenced by this Note. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower 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. Cure Provisions. If any default, other than a defau't in payment is curable and it Borrower has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (121 months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default- (1) cures the default within fifteen 05) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to he sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Agreement ann' all accrued unpaid interest Immediately due, and then Borrower will pay that amount. t? CHANGE IN TERMS AGREEMENT Loan No: 40000012b4 (Continued) Page 2 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 reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings fincluding 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 taw. 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. 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 wili 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 patty 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. MISCELLANEOUS PROVISIONS. It 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. 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, PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. 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: CU BLAND VALE ?Y DEVELOPM T INC. By< J _(Seap Steven E. Westhafer, Pre - dent of Cumberland Valley Development, Inc. LENDER: GRAYST NE BAN(( X A J?, eat R. II Asst. Vice Pr ident -?,?_-- --? LI,6cP PPO lendky, Vs. 6.yD.00.W3 CoV,. N,ilwd fnwckl 9nNJUn+. inc. 199], EOU9. n,l 0.iyl,,.r n...,wd PA $:1wo.iew\DFNPLIDlP'..fC Fy4]6 -?--_?--???- - LHANGE IN TERMS AGREEMEN i Borrower: Cumberland Valley Development, Inc. Lender: GRAYSTONE 13ANK 71 Silver Crown Drive Capital Region Mechanicsburg, PA 17055 112 Market Street Harrisburg, PA 17101 Principal Amount: $477,931.68 Dale of Agreement: July 17, 2008 DESCRIPTION OF EXISTING INDEBTEDNESS. On May 31, 2006, Borrower executed and delivered to Lender a Promissory Not2 in the original Principal Amount of Nine Hundred Seventy Thousand and 00/100 Dollars ($970,000.00) "Note") maturing April 30, 2008. A subsequent Change in Terms Agreement was executed on May 22, 2008 extending the Maturity date to June 30, 2008. As of the date of this Agreement, the principal balance of this Note is Four Hundred Seventy Seven Thousand Nine Hundred Thirty One and 681100 Dollars 1$477,931.88). DESCRIPTION OF CHANGE IN TERMS. Effective the date of this Agreement, Lender and Borrower have agreed to an extension of the Maturity Date to October 2, 2008, all the terms of which are defined below under PAYMENT. PROMISE TO PAY. Cumberland Valley Development, Inc. ("Borrower") promises to pay to GRAYSTONE BANK ("Lender"I, or order, in lawful money of the United States of America, the principal amount of Four Hundred Seventy-seven Thousand Nine Hundred Thirty-one & 681100 Dollars ($477,931.68), together with interest at the rate of 6.750% per annum on the unpaid principal balance from July 17, 2008, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Burrower will pay this loan in one principal payment of $477,931.68 plus interest on October 2, 2008. This payment due on October 2, 2008, will be for all principal and all accrued interest not yet paid. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning July 30, 2008, with all subsequent interest payments to he due on the same day of each month after that. Unless otherwise agreed or required by applicable iaw, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. Interest on this loan is computed on a 3651360 simple interest basis; that Is, by applying the ratio of the annual interest rate over if 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 agrees that all loan fees and other prepaid 'finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law,. Except for the foregoing, 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. 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 awed 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: GRAYSTONE BANK, 112 Market Street Harrisburg, PA 17101. LATE CHARGE. 4 a payment is 15 days or more late, Borrower will be charged 10.000% of the reculady scheduled payment or $250.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this loan shall he increased by 2.000 percentage points. if judgment is entered in connection with this Agreement, interest will continue to accrue after the data, 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 lave. 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 respe(,,t, either now or at the time made or fwnished or becomes false or misleading at any time thereafter. Insolvency. -fire 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 creditu: 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 writtec 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 solo discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events ocarrs With respect to any Guarantor of any of the I:rdebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness evidenced by this Note. Change In Ownership. Any change in ownership of twenty-five percent {25%) or more o' the common stock of Borrow:;: Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect A payment or performance of the Indebtedness is impaired. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default:.0) cures the default within fifteen 05) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to curo the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce. compliance as soon as reasonably practical. CHANGE IN TERMS AGREEMENT Loan No.- 4000001254 (Continued) Page 2 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 laves, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit; including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. It 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 tight 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. It there is a lawsuit, Borrower agrees upon tender'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 tot 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 indebredness against any and all such accounts. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or ohiigations, including all agreements evidenced or securing, the obligation(s), remain unchanged and in full force and effect. Consent by Lender to.this Agreement dyes 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 patties 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 represenlat;on to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will riot be released by it. This waiver applies not only to any initial extension, modification or release,'but also io all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, pers<cnal representatives, successors and assigns, and shall he enforceable by Lender and its successors and assigns. 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. 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 anvorie. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with wfnrn the modification is made. The obligations under this Agreement are joint and several. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL. THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAI- THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: C ERLAND VALLEY LDVELO MENT, INC. BY (Seal) Steven E. est afer, Presid d of Cumberland Valley Development, Inc. - - usEa ono r..,e?,9. ??. s,c.a oo? cs,. ?• ?,•,• Fr„wise. a,.. ?,?. is ?. i nn wr,u io,.,,pa. ?a s.ro,?n„=??-ra?xv?zoc rc- re-ns CHANGE IN TERMS AGREEMENT Borrower: Gumberland Valley Development, Inc. Lender: Graystone Dank, a Division of Graystone Tower Bank 71 Silver Crown Drive Capital Region Mechanicsburg, PA 17055 112 Market Street Harrisburg, PA 17101 Principal Arnaunt: $477,931.68 Date of Agreement; October 28, 2009 DESCRIPTION OF EXISTING INDEBTEDNESS. On May 31. 2006, Borrower executed and delivered to Lender a Promissory Note In the original Principal Amount of Hine Hundred Seventy Thousand and 00/100 Dollars ($970,000.00) ("Note") maturing April 30, 2008 ("Maturity Date"). Subsequem Change in Terms Agreements were exceculed to extend the Maturity Dale, with the most recent Agreement dated October 27, 2008 to extend the Maturity Date to October 2, 2009. As of the date of this Agreement, the principal balance of this Note is Four Hundred Seventy Seven Thousand Nine Hundred Thinly One and 68/100 Dollars ($477,931.68). DESCRIPTION OF CHANGE IN TERMS, Effective the date of this Agreement, Lender and Borrower have agreed to an extension of the Maturity Date to February 15, 2010, all the terms of which are defined below under PAYMENT. PROMISE TO PAY. Cumberland Valley Development, Inc. ("Borrower") promises to pay to Graystone Bank, a Division of Graystone Tower Bank ("Lender"), or order, In lawful money of the United States of America, the principal amount of Four Hundred Soventy-seven Thousand Nine Hundred Thirty-one & 681100 Dollars ($477,1351.68), together with Interest on the unpaid principal balance from October 28, 2009, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an Interest rate of 6.750% per annum based on a year of 360 days, 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 one principals payment of $477,931.68 plus interest on February 15, 2010. This payment due on February 15, 2010, will be for all principal and all accrued interest not yet paid, to addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning November 2, 2009, 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 late charges; and then to any unpaid collection costs Borrower will pay Lender at Lender's address shown above or at such other place as Lender may destertate In writing. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 3651360 basis; that is, by applying the ratlo of the 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. All interest payable under this loan is computed using this method. 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. Borrower agree; not to send Lender payments marked "paid in full "without recourse", or similar language. If Borrower sends such a payment. Lender may accept it witnou>. losing any of Lenders 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 N tendered with other conditions or limitations or as full satisfaction of a disputed amount must be malled or delivered to: GRAYSTONE ToWFR BANK, 112 Market Street Harrisburg, PA 17101. LATE CHARGE. If a payment is 15 days or more late. Borrower wilt be charged 10.000°/ of the regularly scheduled payment or $250.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this loan shall be tnraeased by 2.000 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. Howeve , in no event will the interest rate exceed the maximum interest rate fifnitalions under applicable law. DEFAULT. Each of the following shall constitute an Evert of Defaull 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 lumished 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. Insolvency. [lie dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the zppolniment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the comrnencernent 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 mortfes or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in Its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor, Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness evidenced by this Note. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower Adverse Change. A material adverse change occurs In Borrowers financial condition, or Lender believes the preened of payment or performance of the Indebtedness is Impaired Cure. provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured it Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days: or (2) if the cure requires mare than fifteen (15) days, immedialely initiates steps which Lender deems in Lenders sole discretion to be sufgcier:l to cure the default and thereafter CHANGE IN TERMS AGREEMENT Loan No: 4000001254 (Continued) Page 2 continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this 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, Lenders reasonable attorneys' fees anc Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic: stay or Injunction), and appeals, if riot 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 provisfons. 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 tender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and ail 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 ail sums owing on the indebtedness against any and all such accounts. 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 sailsfaction 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 riot 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 onfy to any inlfiai 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. MISCELLANEOUS PROVISIONS. If any part of this Agreement earl 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. 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 staled 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, fait to realize upon or perfect Lenders 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 or or notice to anyone other than the party with whorn the modification is made. The obligations under (his Agreement are joint and several. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. 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 ll BORROWER: CUMB LAND VAt.L?fEY DEVELOPfAE ,INC. By:- ? _sSeal) Steven E. Westhafer, President Cumberland Valley Development, Inc. LENDER GRAYSTON? BANK, A DIVISION OF„GRAYSTOVE TOWER IAtiA VSO 1_- v,,. -.-?-...--n Sauuoa-. I?ttlsfi, r- -,__. PA cV'HOSINIHLFNRWEOCfC fH+?f CHANGE IN TERMS AGREEMENT Borrower: Cumberland Valley Development, Inc. Lender: Graystone Bank, a Division of Graystone Tower Bank 71 Silver Crown Drive Capital Region Mechanicsburg, PA 17055 112 Market Street Harrisburg, PA 17101 Principal Amount; $477,931.68 pate of Agreement: March 16, 2010 DESCRIPTION OF EXISTING INDEBTEDNESS. On May .31, 2006, Borrower executed and delivered to Lender o Promissory Note in the original Principal Amount of Nine Hundred Seventy Thousand and 00/1CO Dollars ($970,000.00) ("Note") maturing April 30, 2008 ("Maturity pate"). Subsequent Change in Terms Agreements were excecuted to extend the Maturity Date, with the most recant Agreement dated October 28, 2009 to extend the Maturity Date to February 15, 2010. As of the date of this Agreement, the principal balance of this Note is Four Hundred Seventy Seven Thousand Nine Hundred Thirty One and 68/100 Dollars ($477.931.68).. DESCRIPTION OF CHANGE IN TERMS. Effective the dale of this Agreement, and as provided under the PAYMENT section of this Agreement, Lender and Borrower have agreed to an extension of the Maturity Date to May 15, 2010. PROMISE TO PAY. Cumberland Valley Development, inc. ("Borrower') promises to pay to Graystone Bank, a Olvislon of Graystone Tower Bank ("Lender"), or order, In lawful money of the United States of America, the principal amount of Four Hundred Seventy-seven Thousand Nine Hundred Thirty-one & 681100 Dollars ($477,931.68), together with interest on the unpaid principal balance from March 16, 20-10, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 6.750% per annum based on a year of 360 days, 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 one principal payment of $477,931.68 plus interest on May 15, 2010. This payment due on May 15, 2010, will be for all principal and all accrued interest not yet paid. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning April 2, 2010, 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 late charges; and then to any unpaid collection costs. Borrower will pay tender at Lender's address shown above or at such other place as Lender may designate in writing. INTEREST CALCULATION METHOD. Interest on this loan is computed on n 365/360 basis; that is, by applying the ratio of the 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, All interest payable under this loan Is computed using this method, 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. 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 bother 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 he mailed or delivered to: GRAYSTONE= TOWER BANK, 1828 Good Hope Road Enola, PA 17025. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $250.00, whichever is greater. INTEREST AFTER DEFAULT. Upon defal t, including failure to pay upon final maturity, the interest rate on this loan shall be Increased by 2.000 percentage pants. If judgment is entered in connection with this Agreement, interest will continue to accrue after the date of judgment at the rate in effort at the time judgment is entered. I Iowever, 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 rnisleading at any fune thereafter. insolvency. The dissolution or termination of Borro,er's existence as e going bu:,iness, 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 Ure 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 will) 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 life dispute Events Affecting Guarantor. Any of the preceding events occurs wish respect to any Guarantor of any of-the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the indebtedness evidenced by this Note. Change In Ownership. Auy change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of pnyrnent or partormance of tie Indebtedness is impaired. Cure Provisions. If any default, other than a default. In payment 1;: curable and if Borrowe- has not been given a notice of a breach of life same provision of Ibis Agreement within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if (he cure requires more than fifteen (15) days immediately initiates steps which Lendei deems in Lender's sole discretion to be sufficient to cure the default and thereafter CHAN13E IN TERMS AGREEMENT' Loan No: 4000009254 (Continued) Page 2 continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical LENDER'S RIGHTS. Upon default, Lender may. after giving such notices as required by applicable law, declare the entire tn,paid principal balance under this Agreement and all accrued unpaid interest immediately due, and then Burrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender inay 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 reasonable attorneys' fees and Lenders legal expenses, whether or not there Is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This 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 taw, 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 agains' any and all such accounts. 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 ob;klation(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 lire 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 shalt be enforceable by Lender and its successors and assigns. MISCELLANEOUS PROVISIONS. If any part of (his 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. 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 lime) this loan or release any party or guarantor or collateral, or impair, fall to realize upon or perfect Lenders 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 witho,A 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. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. 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 LAIN. BORROWER: CUMVgRtAND VALLEY DEVELOPMEWT, IN By;Ar ry t_._4 r L( ?{P7/f`? j5eaq Steven E. Westhafer, Preside nt of Cumberland Valley Development, Inc. LENDER: GRAYSTONE BANK, A DIVISION OF GRAOTON9 TOWER: BANK lM ]. w.6.{5D0.0U]Ccp,.IUN?Jff,rc?.u 1'.p.p„a. MC. ]5]), 8010 -A-1-1-11 .PA au'ROSUIE`LFH?.W][c.ic -11 CHANGE IN TERMS AGREEMENT Borrower: Cumberland Valley Development, Inc. Lender: Graystone Bank, a Division of Graystone Tower Bank 71 Silver Crown Drive Capital Region Mechanicsburg, PA 17055 112 Market Street Harrisburg, PA '17101 Principal Amount: $477,931.66 Date of Agreement: June 25, 2010 DESCRIPTION OF EXISTING INDEBTEDNESS. On May 31, 2006, Borrower executed and delivered to Lender a Promissory Note; in the original Principal Amount of Nine Hundred Seventy Thousand and 00/100 Dullars ($970,000.00) ("Note") maturing April 30, 2008 ("Maturity Date"). Subsequent Change in Terms Agreements were exceculed to extend the Maturity Dale, with the most recent Agreement dated March 16, 2010 to extend the Maturity Date to May 15. 2010. As of the date of this Agreement, [he principal balance of this Note is four Hundred Seventy Seven Thousand Nine Hundred Thirty One and 66/100 Dollars ($477,931.66). DESCRIPTION OF CHANGE IN TERMS. Effective the date of this Agreement, and as provided under the PAYMENT section of this Agreement, Lender and Borrower have agreed to an extension of the Maturity Dale to May 15, 20-11. PROMISE TO PAY. Cumberland Valley Development, Inc. ("Borrower") promises to pay to Graystone Bank, a Division of Graystone lower Bank ("Lender"), or order, In lawful money of the United States of America, the principal' amount of Four Hundred Seventy-seven Thousand Nine Hundred Thirty-one x 661100 Dollars ($477,931.66), together with Interest on the unpaid principal balance from June 25, 2010, calculated as described In the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 6.750% per annum based on a year of 360 days, until paid in full, The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay [his loan in one principal payment of $477,931.66 plus Interest on May 15, 2011. This payment due on May 15, 2011, will be for all principal and all accrued interest not yet paid. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning July 2, 2010, 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 late charges; and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. INTEREST CALCULATION METHOD: Interest on this loan Is computed on a 3651360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All Interest payable under this loan is computed using this method. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan, and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than It is due. Fady 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. Borrower agrees not to send tender 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 satisfacticn of a disputed amount must be mailed or delivered to: GRAYSTONE "OWER BANK, 1826 Good Hope Road Enola, PA 17025. LATE CHARGE. If a payment is 15 days or rnore late, Borrower will be charged 10.000% of the regularly scheduled payment or $250.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including fai•.ure to pay upon final maturity, the interest rate on this loan shall be increased by 2.000 percentage points. If judgment is entered in connection with this Agreement, interest will continue to accrue after the date of judgment at [tie rate in effect at the lime judgment Is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable i:aw. DEFAULT. Each of the foltowhng shall constitule an Event of De(ault under this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebledness. 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 agreament 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 lime made er furnished or becomes false or misleading at any time thereafter. Insolvency. 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 Borrowers 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 BerTOWer 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 for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole, discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under„ any Guaranty of tti Indebledness evidenced by this Note. Change In Ownership. Any change in ownership of twenty-Five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrow'er's financial condition, or Lender believes' the prospect of payment or performance of the Indebtedness is Impaired. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured if Borrower, after Lender semis written notice CHANGE IN TERMS AGREEMENT Loan No: 4000001254 (Continued), Page 2 to Horrower demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, Irnmedlately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter conlinues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practicat. 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 reasonable attorneys' fees and Lender's legal expenses, whether or noL there Is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic slay or injunction), and appeals- If net 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 actJon, proceeding, or counterclalm brought by either Lender or Borrower against the other. GOVERNING I 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 Dauph!n 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 include,> 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. 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 riot 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 Borrowers heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. MISCELLANEOUS PROVISIONS. If any part of this Agreement cannot he 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. 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 slated 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. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGRFEMFNT. RORROWEP 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: CU RLAND VALLEY DEVELOPME 7, IN . By ? Seal) Steven E- Westhafer, President Cumber anT Valley Development, Inc. LENDER / GRAYSTONE,QANK, A DIVISION OF WAYST014E TOWE ITS FH iTtD L??gVp. VV.l l?9!!01 Ccp. 1:x6.0 M?1d,1 SOlwwu. 1- 1.7..1.. AY" F.,...«I .MA Y'tYN CC??ifC ?c -11 CHANGE IN TERMS AGREEMENT Borrower Cumberland Valley Development, Inc. Lender: Graystone Bank, a Division of Graystone Tower Bank 71 Silver Crown Drive Capital Region Mechanicsburg, PA 17055 112 Market Street Harrisburg, PA 17101 Principal Amount: $477,931.66 Date of Agreement: May 25, 2011 DESCRIPTION OF EXISTING INDEBTEDNESS. On May 31, 2006, Borrower executed and delivered to Lender a Promissory Note in the original Pdncipat Amount of Nine Hundred Severity Thousand and 001100 Dollars ($970,000.00) ("Note") at a fixed interest rate of 6.75% and maturing April 30, 2008 ("Maturity Date"). Subsequent Change in Terns Agreemenls were exeecuted to extend the Maturity Date, with the most recent Agreement dated June 25, 2010 to extend the Maturity Date to May 15, 2011. As of the date of this Agreement, the principal balance of this Note is Four Hundred Seventy Seven Thousand Aline Hundred Thirty One and 661100 Dollars ($477,931.66). DESCRIPTION OF CHANGE IN TERMS. Effective the date of this Agreement, and as provided under the PAYMENT section of this Agreement, Lender and Borrower have agreed to term out the Note over two (2) years with monthly principal and interest payments of $3,373.65 (based on a fixed i(ulerest rate of 5.75% and an amortization period of 240 months): PROMISE TO PAY. Cumberland Valley Development, Irc. ("Borrower") promises to pay to Graystone Bank, a Division of Graystone Tower Bank ("Lender'), or order, in lawful money of the United States of America, the principal amount of Four Hundred Seventy-seven Thousand Nine Hundred Thirty-one & 661100 Dollars ($477,931.66), together with interest on the unpaid principal balance from May 25, 2011, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 5.750% per annum based on a year of 360 days, 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 to 23 regular payments of $3,373.65 each and one irregular last payment estimated at $453,839.86. Borrowers first payment is due June 15, 2011, and all subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on May 15, 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 late charges; and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. INTEREST CALCULATION METHOD. Interest on this loan Is computed on a 3651360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under Ibis loan Is computed using this method. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the data of ilia loan arid will not be subject to refund upon early payment (whether voluntary or HS a result of default), except as otherwise required by law. Except for the foregoing, 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 Borrowers 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, Ali 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: GRAYSTONE TOWER BANK, 1826 Good Hope Road Encl a, PA 17025. LATE CHARGE. It a payment is 15 days or more late. Borrower will be charged 10.000% of the regularly scheduled payment or $250.00, 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 2.000 percentage points. If judgment is entered in connection with this Agreement, interest will continue to accrue after the dale of judgment at the rate in effect at the time judgment is entered, However, in no event will the interes'I rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shell constitute an Event of Default under this Agreement: Paymant 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 fumished or becomes false or misleading at any time thereafter. Insolvency. 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 commenoemeirt of any ixoceeding under any bankruptcy or insolvency laws by or against Borower 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 Borrowers accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply If there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor- Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness evidenced by this Note. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more o° the common stock of Borrower Adverse Change. A material adverse change occurs in Borrowers financial condition, or Lender believes the prospect of payment or performance of the indebtedness is impaired. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been giver, a notice of a breach of the CHANGE iN TERMS AGREEMENT Loan No: 4000001254 (Continued) Page 2 same provision of this Agreement within the preceding twelve (12) months, it may be cured if Borrower, alter Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) If the cure requires more than fifteen (15) days, immadiately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cute the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this 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 reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any Court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other, GOVERNING LAW. This 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 SUbmlt 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. CONTINUING VALIDITY. Except as expressly changer, 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 Landers right to strict performance of the obligation(s) as changed, nor obligat@ 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 til 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 virlue 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 representalion to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise wily 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 ipon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. 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 therm. 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 lime) this loan or release any party or guarantor or uollateral; 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. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT- THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT 1S AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: CUMBERLAND VALLEY DEVELOP By: (_ JSeal) Steven E. Westhafer, presrdent of Cumberland Valley Development, Inc. LENDER: tA4EA..l 1a ,V.,. 6M-O Gap, H-r W TaWVU.- ..."N ,, q - .1? nvausu,r?lsNr?wzc.!C root, VERIFICATION Lisa Painter verifies that she is the Loan Workout Officer of Susquehanna Bank, Plaintiff in the within matter, that she is authorized to execute this Verification on its behalf, and that the facts set forth in the within Complaint are true and correct to the best of her knowledge, information and belief. She understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. i Date:' Lisa Painter 3550868 BARLEY SNYDER LLP William C. Colby, Jr.., Esquire Court I.D. No. 46880 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Pj ' r I ttt Attorney for Plaintiff SUSQUEHANNA BANK, Successor by Merger to GRAYSTONE BANK Plaintiff V. STEVEN E. WESTHAFER. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. CERTIFICATE OF RESIDENCE PA. R.C.P. 236 1, William F. Colby, Jr., Esquire, Attorney for the Plaintiff, hereby certify to the best of my knowledge, information and belief that the name and current address of each party is as follows. The address of the Plaintiff, Susquehanna Bank, is 1828 Good Hope Drive, Enola, PA 17025. The registered address for the Defendant, Steven E. Westhafer, Inc. is 71 Silver Crown Drive, Mechanicsburg, PA 17055. Respectfully submitted, 13ARLEY ?N D 13y: Esquire 3s5080F BARLEY SNYDER LLP William C. Colby, Jr., Esquire Court I.D. No. 46880 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 i t n ± t ; e4 .J ,. Attorney for Plaintiff SUSQUEHANNA BANK, Successor by Merger to GRAYSTONE BANK Plaintiff V. STEVEN E. WESTHAFER. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OFD/ Bel-ore me, the undersigned authority, personally appeared Lisa Painter, who being duly sworn according to law, doth depose and say that Steven E. Westhafer, the Defendant, is not in the Military or Naval Service based on the following facts: Age of Defendant: Last known place of employment: Last known place of residence Unknown Westhafer Construction, Inc) Cumberland Valley Development, Inc. 71 Silver Crown Drive Mechanicsburg, PA 17055 as of the date of this Affidavit. JZA Lisa Painter SWORN TO and subscribed before me this day of /?i 2012. 1Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sharon R. Reinhart, Notary Public: Susquehanna Twp., Dauphin Counter MY Commission Expires Sept. 21, 2014 MEMBER, PENNSYLVANIA ASSOCIATION OP NOTARTEs 355x)868 BARLEY SNYDER LLP William C. Colby, Jr., Esquire Court I.D. No. 46880 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, Successor by Merger to GRAYS"TONE BANK i°laintiff v. STEVEN E. WESTHAFER. A COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. AFFIDAVIT OF BUSINESS PURPOSE COMMONWEALTH OF PE NSY?VANIA t ss COUNTY OF Before me, the undersigned .authority, personally appeared LISA PAINTER, who being duly sworn according to law, doth depose and say that the Promissory Note and Commercial Guaranty which is the subject matter of this Complaint for Confession of Judgment for money damages was entered into solely for business purposes, and n t for the purpose of any personal, household, family or residential uses, as of the date of this idavit Lisa Painter SWORN TO and subscribed before me this day of , 2012. Notary Public COMMONWEALTH OFF PENNSYLVANIA `Notarial Seal Public Sharon R. Reinha Dauphin NotarY Pu CourTLY Susquehanna 1WP• 21, 2014 (+r Cprtltnl55 ?noN OF NOTARIES '.MEMBER, PENNSVYLYANIA ASSOCIA ;5,0808 BARLEY SNYDER LLP William C. Colby, Jr., Esquire Court I.D. No. 46880 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, Successor by Merger to GRAYSTONE BANK Plaintiff V. STEVEN E. WESTHAFER. dant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: STEVEN E. WEST:HAFER DATE: MAY" ,.? 1, 2012 A. judgment in the amount oi' $559,261.86, plus interest at the rate per day rate of $75.63 from April 18, 2012, plus late fees, and costs of collection has been entered against you and in favor of the Plaintiff; Susquehanna Bank, without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. ,550869 You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING,A. LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 Bar .Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 Respectfully submitted, BARLEY SNYDER LLP By illia F. o y, r., Es ire Attorney fo PI inti ff- 35508r,H SUSQUEHANNA BANK, Successor by Merger to GRAYSTONE BANK Plaintiff V. STEVEN E. WESTH:AFER. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW No. 1a---3 19-1 lV (lTI('F (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of 5559,261.86, on May Q1,2012. (X) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. Prot ry 1 By: If you have any questions regarding this Notice, please contact the filing party: NAME: William F. Colby, Esquire Barley Snyder LLP ADDRESS: 50 North Fifth Street P.O. Box 942 Reading, PA 19603 TELEPHONE:(610) 376-6651 (This Notice is given in accordance with Paff.C.P.236.) NOTICE SENT TO: NAME: Steven E. Westhafer ADDRESS: 71 Silver Crown Drive, Mechanicsburg, PA 17055 355086u SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Susquehanna Bank vs. Steven E. Westhafer OPT ? ,r - < ?RIPC C7, 71 7' ?y Case Number 2012-3197 SHERIFF'S RETURN OF SERVICE 06/13/2012 01:35 PM - Jason Vioral, Sergeant, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2012 at 1335 hours, he served a true copy of the within Complaint in Confession of Judgment, upon the within named defendant, to wit: Steven E. Westhafer, by making known unto himself personally, at The Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $78.00 June 14, 2012 JASON REj, , DEPUTY S SWERS, RON R ANDERSON, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-3197 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK Plaintiff (s) From STEVEN E. WESTHAFER (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: $559,261.86 L.L.: $.50 Interest $75.63 PER DIEM FROM 4/18/12 Atty's Comm: % Due Prothy: $2.25 Atty Paid: 174.00 Other Costs: Plaintiff Paid: Date: 8/3/2012 f David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: WILLIAM F. COLBY, JR. ESQUIRE Address: BARLEY SNYDER 50 NORTH 5TH STREET, 2ND FLOOR P.O. BOX 942 READING, PA 19603 Attorney for: PLAINTIFF Telephone: 610-898-7161 Supreme Court ID No. 46880 EOtOFFICE s ?1E PROITNONOTAR"1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVMItAUG _ AM 10: 46 CIVIL DIVISION llUU PRAECIPE FOR WRIT OF EXECUTION Susquehanna Bank ?? Confessed Judgment Plaintiff 1-1 Other vs. File No. 12-3197 CUMBERLAND COUNTY PENP?5 LVANIA Steven E. Westhafer Amount Due 559,261.86 Defendant Interest $75.63 per diem from 4/18/12 Address: Atty's Comm $49,421.77 Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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 a state of e defe dant(s) described in the attached exhibit. Date Signature: Print Name: William F. olby Jr. g tXJ Q Address: Barley Snyder, 50 N 5th St-2n Fl; Iry?1. pU N' PO Box 942, Reading, PA 19603 y U. Od `` 11 Attorney for: Susquehanna Bank Ob ?? Telephone: 610-898-7161 q • 0 ? „ aZS ?? A Supreme Court ID No: 46880 ? ??. SI aoa lJ?' **Where judgment has been entered under Rule 2951(a), attorneys' fees may be included if are authorized in the instrument and there has been a record appearance of counsel at any stE of the proceedings. CONFESSION OF JUDGMENT CERTIFICATION I certify that (a) This praccipe is based upon a judgment entered by confession, and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this praecipe as evidenced by a return of serviced filed of record. William F./Colby/Jr. 3624337 'EI?-OFFICE PROTHONOTARY 2012 AUO -3 AM CUMBERLAND COUNTY PENNSYLVANIA BARLEY SNYDER LLP William C. Colby, Jr., Esquire Court I.D. No. 46880 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR COURT OF COMMON PLEAS OF BY MERGER TO GRAYSTONE BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION - LAW V. STEVEN E. WESTHAFER No. 2012-3197 AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, Successor to Susquehanna Bank DV, Successor to Susquehanna Pa 'ot Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution as filed to the following information concerning the real property located at Lots No. 2 4 5 6 and 15 Sprint, Cumberland County, Pennsylvania ; Parcel N_o_s 38-08-0567-139, 38-08-0567-141 38-08-0567-143, 38-08-0567-144, and 38-08-0567-145. Name and address of Owners(s) or Reputed Owner(s); Deed Book 248/Page 403;8/17/200 Name: Steven E. Westhafer Address: 71 Silver Crown Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Name: Steven E. Westhafer Address: 71 Silver Crown Drive Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the property to be sold: Susquehanna Bank 1828 Good Hope Drive Enola, PA 17025 3630185-1 4 5. Name and address of the last recorded holder of every mortgage of Record: Susquehanna Bank 1828 Good Hope Drive Enola, PA 17025 Name and address of every other person who has any record lien on their property: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cavalry Portfolio Services LLC 7 Skyline Drive Hawthorne, NY 10532 Cumberland County Tax Claim Bureau c/o Stephen D. Tiley, Esquire 5 S. Hanover Street Carlisle, PA 17013 United States of America Department of Treasure Internal Revenue Service Pittsburgh Office Room 808 1000 Liberty Street Pittsburgh, PA 15222-9974 Hoover Engineering Services Inc. 658 Gaumer Road-Ste #100 New Cumberland, PA 17070 Hoover Engineering Services Inc. c/o Marvin Beshore, Esquire 130 State Street P.O. Box 946, Harrisburg, PA 17108-0946 Cavalry Portfolio Services LLC c/o Frederic I. Weinberg, Esquire 2001 E. Hector St Ste 200 Conshohocken, PA 19428 Commonwealth of Pennsylvania Bureau of Compliance Department 280948 Harrisburg, PA 17128-0948 US District Court MD of PA c/o G. Michael Thiel, Esquire Deputy Chief, Civil Division P.O. Box 309 Scranton, PA 18501-0309 6. Name and address of every other person who has any record interest in the property whose interest may be affected by the sale: Debra Basehore Wiest, Tax Collector 269 Woods Drive Mechanicsburg, PA 17050 3630185-1 7. Name and address of every other person of who the plaintiff has knowledge who has interest in the property that may be affected by the sale: Commonwealth of Pennsylvania Internal Revenue Service Department of Revenue WMS Moorhead Federal Building Bureau of Compliance Advisory Seventh Floor 1000 Liberty Avenue - Room 704 Strawberry Square Pittsburgh, PA 15222 Harrisburg, PA 17128-0101 I verify that the statements made in this affidavit are true and correct to the best of personal knowledge of information and belief. I understand that false statements herein are m subject to the penalties of 18 PA C.S. § 4904 relating to unsworn falsification to authorities. BARLEY SNYDER LLP Date: fla I I L By: William F. Colby, Jr., Attorneys for Plaintiff 3630185-1 WAIVER OF WATCHMAN/WAIVER OF INSURANCE Any Deputy Sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever 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 sheriffs sa thereof; and the Sheriff is hereby released from all liability to protect the property described in the above execution by insurance, which insurance is hereby waived. William F, Attorney f rrjW Z:U Ury t"` 2q N _© N 1 LJ O C-:; 'rj r?r T Fr: t: 4 -z^; Off' 3630185-1 EG-G+FEICF " THE PROTHONOTAR"2012 AUG -3 AM 10: 48 CUMBERLAND COUNTY PENNSYLVANIA BARLEY SNYDER LLP William C. Colby, Jr., Esquire Court I.D. No. 46880 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR COURT OF COMMON PLEAS OF BY MERGER TO GRAYSTONE BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION - LAW V. STEVEN E WESTHAFER No. 2012-3197 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: THAT THE SHERIFF'S SALE OF REAL PROPERTY (REAL ESTATE) WILL BE HELD: DATE: December 5, 2012 TIME. 10:00 O'CLOCKA.M. LOCATION.• CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE, PENNSYLVANL4 THE PROPERTY TO BE SOLD is delineated in detail in a legal description n consisting of a statement of the measured boundaries of the property, together with a mention of the buildings and any other major improvements erected on the land. DESCRIPTION ATTACHED) 3630185-1 THE LOCATION of your property to be sold is: Drive Township of Silver S rin Cumberland County. Pennsylvania • Parcel Nos. 38-08- 0567-139, 38-08-0567-141, 38-08-0567-143, 38-08-0567-144, and 38-08-0567-145 THE JUDGMENT under or pursuant to which your property is being sold is docketed in he within Commonwealth and County to: 2012-3197 The name of the owner or reputed owner of this property is: Steven E. Westhafer NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO PREVENT THIS SHERIFF'S SALE YOU MUST TAKE IMMEDIATE ACTION: 1. THIS SALE WILL BE CANCELLED IF YOU PAY TO THE MORTGAGEE THE BACK PAYMENTS, LATE CHARGES, COSTS AND REASONABLE ATTORNEY'S FEES DUE. TO FIND 01 HOW MUCH YOU MUST PAY, YOU MAY CALL 610-376-6651. 2. YOU MAY BE ABLE TO STOP THE SALE BY FILING A PETITION ASKING THE COURT 7 STRIKE OR OPEN THE JUDGMENT, IF THE JUDGMENT WAS IMPROPERLY ENTERED. YOU MAY ALSO ASK THE COURT TO POSTPONE THE SALE FOR GOOD CAUSE. 3. YOU MAY ALSO BE ABLE TO STOP THE SALE THROUGH OTHER LEGAL PROCEEDINI YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. THE SOONER YOU CONTACT ON THE MORE CHANCE YOU WILL HAVE OF STOPPING THE SALE. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN THE SHERIFF'S SALE DOES TAKE PLACE. 1. IF THE SHERIFF'S SALE IS NOT TOPPED, YOUR PROPERTY WILL BE SOLD TO THE HIGHEST BIDDER. YOU MAY FIND OUT THE PRICE BID BY CALLING 610-376-6651. 2. YOU MAY BE ABLE TO PETITION THE COURT TO SET ASIDE THE SALE IF THE BID PRICE WAS GROSSLY INADEQUATE COMPARED TO THE VALUE OF YOUR PROPERTY. 3. THE SALE WILL GO THROUGH ONLY IF THE BUYER PAYS THE SHERIFF THE FULL AMOUNT DUE AT THE SALE. TO FIND OUT IF THIS HAS HAPPENED, YOU MAY CALL: 717.240.6390. 4. IF THE AMOUNT DUE FROM THE BUYER IS NOT PAID TO THE SHERIFF, YOU WILL REMAIN THE OWNER OF THE PROPERTY AS IF THE SALE NEVER HAPPENED. 5. YOU HAVE A RIGHT TO REMAIN IN THE PROPERTY UNTIL THE FULL AMOUNT DUE PAID TO THE SHERIFF AND THE SHERIFF GIVES A DEED TO THE BUYER. AT THAT TIME, T BUYER MAY BRING LEGAL PROCEEDINGS TO EVICT YOU. 6. YOU MAY BE ENTITLED TO A SHARE OF THE MONEY WHICH WAS PAID FOR YOUR HOUSE. A SCHEDULE OF DISTRIBUTION OF THE MONEY BID FOR YOUR HOUSE WILL BE FILED BY THE SHERIFF ON (30 DAYS AFTER SALE DATE). THIS SCHEDULE WILL STATE WE 3630185-1 WILL BE RECEIVING THE MONEY. THE MONEY WILL BE PAID OUT IN ACCORDANCE WIT] THIS SCHEDULE UNLESS EXCEPTIONS (REASON WHY THE PROPOSED DISTRIBUTION IS WRONG) ARE FILED WITH THE SHERIFF WITHIN 10 DAYS AFTER (30 DAYS AFTER SALE DA 7. YOU MAY ALSO HAVE OTHER RIGHTS AND DEFENSES, OR WAYS OF GETTING HOME BACK, IF YOU ACT IMMEDIATELY AFTER THE SALE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE LEHIGH COUNTY BAR ASSOCIATION 1114 WALNUT STREET ALLENTOWN, PA 18102; (610) 433-7094 A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental corporate entities or agencies being entitled to receive part of the proceeds of the sale receii, and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalit that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale a distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unli 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 Court of Common Pleas of the within County at the Courthouse address specified herein. YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. TAKEN TO PAY THE JUDGMENT. or OF THE SALE OF OR You may have legal rights to prevent your property from being taken. A lawyer advise you more specifically of these rights. If you wish to exercise your rights, YOU Ml ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE S CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 3630185-1 A THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland Coi to open the judgment if you have a meritorious defense against the person or company that entered judgment against you. You may also file a petition with the same Court if you are a-v of a legal defect in the obligation or procedure used against you. 2.. After the Sheriffs sale you may file a petition with the Court of Common Plea of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitioner raising the legal issues or rights mentioned in he preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or 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 Administration's Office - Civil Division, of the within County Courthouse, before prese of the petition to the Court. A copy of the Writ of Execution is attached hereto. William . C ire Attorneys for Plaintiff 3630185-1 s By virtue of Writ of Execution issued by Plaintiff: Susquehanna Bank, Successor by Merger to Graystone Bank To case Number: 2012-3197 ALL THOSE CERTAIN lots situate in Silver Spring Township, Cumberland County, Pennsylvania, known and-numbered as Lots 1, 2, 3, 4, 5, 6 and 15 on Plan of Lots recorded in Plan Book 80 at Page 52, the description thereof is incorporated by reference BEING THE SAME PREMISES which John E. Keener and Patricia Keener by deed c August 17, 2001, and recorded August 24, 2001 in record Book 248, Page 403, granted conveyed unto Steven E. Westhafer, in fee. EXCEPTING THEREOUT AND THEREFROM ALL THAT CERTAIN tract of land situate Silver Spring Township, Cumberland County, Pennsylvania, Being more particularly bound and described as follows, to wit: BEGINNING at a point located in the centerline of Texaco Road at the northwest corner of la now or formerly of Fred D. Fike, Jr.; thence along the western line of land now or formerly Fred D. Fike, Jr., South 32 degrees 02 minutes 30 seconds East, a distance of 30.00 feet to t true point of BEGINNING; thence continuing along the same South 32 degrees 02 minutes seconds East, a distance of 217.80 feet to a point at the southwest corner of land now or formes of Fike and the northeast corner of Lot 15 Residual Lot as reference don the hereinafl referenced plan; thence along the western line of Lot 15, South 25 degrees 36 minutes seconds East, a distance of 44.42 feet to a point at the northeast corner of Lot 2; thence along t northern line of Lot 2, South 64 degrees 42 minutes 52 seconds West a distance of 175.67 feet a point at the northwest corner of Lot 2 and a point along the eastern right-of-way line of Keen Drive (60-foot right-of-way); thence along Keener Drive by a curve to the left having a radius 180.00 feet and an arc length of 21.22 feet to a point; thence continuing along the same, North degrees 02 minutes 30 second West, a distance of 176.10 feet to a point; thence continuing aloe the same by a curve to the right having a radius of 45.00 feet and an arc length of 70.69 feet to point along Texaco Road; thence along Texaco Road, North 57 degrees 57 minutes 30 secom East, a distance of 133.18 feet to a point, the lace of BEGINNING. BEING Lot 1 on the Final Subdivision Plan-Phase One for John Keener recorded January 2000 in Plan Book 80, Page 52, Cumberland County Recorder of Deeds Office. EXCEPTING THEREOUT AND THEREFORM ALL THAT CERTAIN tract or parcel of being situate in Silver Spring Township, Cumberland County, Pennsylvania, more particu described as follows: BEGINNING at a point located on the eastern right-of-way line of Keener Drive (60 foot ri , of-way) at the southwest comer of Lot 2 on the hereinafter referenced Plan; thence along dividing line between Lot 2 and Lot 3, South 77 degrees 02 minutes 30 seconds East, a dista of 287.56 feet to a point at lands referred to as Lot 15, Residual Lot on said Plan; thence al 3630185-1 said lands South 25 degrees 36 minutes 00 seconds East, a distance of 58.43 feet to a point at he northeast corner of Lot 4 on said Plan; thence South 54 degrees 24 minutes 00 seconds Wes, a distance of 303.40 feet to a point on the eastern right-of-way line of Keener Drive (60-foot right- of-way) at the northwest corner of Lot 4 on said Plan; thence along said right-of-way line, North 25 degrees 36 minutes 00 seconds West, a distance of 97.20 feet to a point; thence by a curve to the right having a radius of 120.00 feet and an arc length of 80.76 feet to a point; thence along same right-of-way line of Keener Drive, North 12 degrees 57 minutes 30 seconds East, 84.00 feet to a point, the point and place of BEGINNING. BEING Lot 3 on the Final Subdivision Plan - Phase One for John Keener and recorded in Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Plan Book 80, Page UNDER AND SUBJECT, NEVERTHELESS, to any and all covenants, conditions, easemer rights of way, restrictions and matters of record and any matter which a physical inspection survey of the property would disclose. Title to said premises is vest in Steven E. Westhafer Property being known as: Pennsylvania ; Being Lehigh County parcel number: Parcel 143, 38-08-0567-144, and 38-08-0567-145 Seized and taken in execution as the property of Steven E. Westhafer 3630185-1 =1LE0-OFFICE OF THE PROTHO'NOTAR', 2012 AUG -3 AM 10: 49 CUMBERLAND COUNTY PENNSYLVANIA BARLEY SNYDER LLP William C. Colby, Jr., Esquire Court I.D. No. 46880 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff V. STEVEN E. WESTHAFER Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2012-3197 NOTICE TO PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN by the following parties who holds a mortgage, the real estate of Steven E. Westhafer, located at Lots No. 2, 4, 5, 6, and 15 on Plan 0567-143, 38-08-0567-144, and 38-08-0567-145: Susquehanna Bank 1828 Good Hope Drive Enola, PA 17025 -1 You are hereby notified that on December 5, 2012, at 10:00 o'clock A.M., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberlan< County, Pennsylvania, on the judgment of Susquehanna Bank, Successor by Merger to Graystone Bank vs. Steven E. Westhafer, No. 2012-3197, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania, real estate of Steven E.Westhafer1 known and numbered as Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08-0567-143, 38-08-0567-144, and 38-08- 0567-145. A description of said real estate is hereto attached. 3284768 You are further notified that the Sheriff of Cumberland County will file a Schedule of Proposed Distribution no later than thirty (30) days after sale date, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested the sale and that you have an opportunity to protect your interest, if any, by being notified of s Sheriff Sale. Date: '6?? William F. Col , Jr., Attorneys for Plaintiff 3630185-1 By virtue of Writ of Execution issued by Plaintiff: Susquehanna Bank, Successor by Merger to Graystone Bank To case Number: 2012-3197 ALL THOSE CERTAIN lots situate in Silver Spring Township, Cumberland Court Y' Pennsylvania, known and numbered as Lots 1, 2, 3, 4, 5, 6 and 15 on Plan of Lots recorded in Plan Book 80 at Page 52, the description thereof is incorporated by reference BEING THE SAME PREMISES which John E. Keener and Patricia Keener by deed c August 17, 2001, and recorded August 24, 2001 in record Book 248, Page 403, granted conveyed unto Steven E. Westhafer, in fee. EXCEPTING THEREOUT AND THEREFROM ALL THAT CERTAIN tract of land situate it Silver Spring Township, Cumberland County, Pennsylvania, Being more particularly bound and described as follows, to wit: BEGINNING at a point located in the centerline of Texaco Road at the northwest corner of land now or formerly of Fred D. Fike, Jr.; thence along the western line of land now or formerly of Fred D. Fike, Jr., South 32 degrees 02 minutes 30 seconds East, a distance of 30.00 feet to the true point of BEGINNING; thence continuing along the same South 32 degrees 02 minutes 0 seconds East, a distance of 217.80 feet to a point at the southwest corner of land now or former y of Fike and the northeast corner of Lot 15 Residual Lot as reference don the hereinafter referenced plan; thence along the western line of Lot 15, South 25 degrees 36 minutes 0 seconds East, a distance of 44.42 feet to a point at the northeast corner of Lot 2; thence along e northern line of Lot 2, South 64 degrees 42 minutes 52 seconds West a distance of 175.67 feet o a point at the northwest comer of Lot 2 and a point along the eastern right-of-way line of Keen Drive (60-foot right-of-way); thence along Keener Drive by a curve to the left having a radius if 180.00 feet and an arc length of 21.22 feet to a point; thence continuing along the same, North 3 degrees 02 minutes 30 second West, a distance of 176.10 feet to a point; thence continuing along the same by a curve to the right having a radius of 45.00 feet and an arc length of 70.69 feet to a point along Texaco Road; thence along Texaco Road, North 57 degrees 57 minutes 30 seconds East, a distance of 133.18 feet to a point, the lace of BEGINNING. BEING Lot 1 on the Final Subdivision Plan-Phase One for John Keener recorded January 2000 in Plan Book 80, Page 52, Cumberland County Recorder of Deeds Office. EXCEPTING THEREOUT AND THEREFORM ALL THAT CERTAIN tract or parcel of land being situate in Silver Spring Township, Cumberland County, Pennsylvania, more particular) described as follows: BEGINNING at a point located on the eastern right-of-way line of Keener Drive (60 foot ri, of-way) at the southwest corner of Lot 2 on the hereinafter referenced Plan; thence along dividing line between Lot 2 and Lot 3, South 77 degrees 02 minutes 30 seconds East, a dista of 287.56 feet to a point at lands referred to as Lot 15, Residual Lot on said Plan; thence al 3630185-1 said lands South 25 degrees 36 minutes 00 seconds East, a distance of 58.43 feet to a point at he northeast corner of Lot 4 on said Plan; thence South 54 degrees 24 minutes 00 seconds Wes , a distance of 303.40 feet to a point on the eastern right-of-way line of Keener Drive (60-foot rig t- of-way) at the northwest corner of Lot 4 on said Plan; thence along said right-of-way line, No -th 25 degrees 36 minutes 00 seconds West, a distance of 97.20 feet to a point; thence by a cure to the right having a radius of 120.00 feet and an arc length of 80.76 feet to a point; thence along same right-of-way line of Keener Drive, North 12 degrees 57 minutes 30 seconds East, 84.00 feet to a point, the point and place of BEGINNING. BEING Lot 3 on the Final Subdivision Plan - Phase One for John Keener and recorded in he Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Plan Book 80, Page 5 . UNDER AND SUBJECT, NEVERTHELESS, to any and all covenants, conditions, easemen rights of way, restrictions and matters of record and any matter which a physical inspection survey of the property would disclose. Title to said premises is vest in Steven E. Westhafer Property being known as: Pennsylvania ; Being Lehigh County parcel number: Parcel 143, 38-08-0567-144, and 38-08-0567-145 Seized and taken in execution as the property of. Steven E. Westhafer or 3630185-1 rt , ;8- � � tU iu BARLEY SNYDER LLP ! J � �. r William C. Colby, Jr., Esquire L Court I.D. No. 46880 ' Et?L, �� COUNT 50 North Fifth Street, P.O. Box 942 PENNSYLVANIA Y Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, Successor by COURT OF COMMON PLEAS OF Merger to GRAYSTONE BANK CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION— LAW STEVEN E. WESTHAFER. ' Defendant No. j �q "l 1 PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter, 1. Directed to the Sheriff of Cumberland County, Pennsylvania; 2. against Steven E. Westhafer, Defendant; 3. and against the following Garnishee: 4. and enter this Writ in Judgment index (a) against Steven E. Westhafer, Defendant; and (b) against as Garnishee as a lis pendens against real property of the defendant in name of garnishee as follows: 5. Amount Due: $ 559,261.86 Interest per diem $75.63 from 4/18/12 $ Costs to be added $ ()AA SaF. SO -pa —w. bo yoJs 414ti a pc,.. 3, tt „ 36 , OL 1 t0 C J Sy b y") l 30185.(1. �� tl (l n 1 ' E*-30035 _ r. Do " Y� , I� � a g . So Sg✓eJ **Where judgment has been entered under Rule 2951(a), attorneys" fees may be included if they are authorized in the instrument and there has been a record appearance of counsel at any stage of the proceedings. CONFESSION OF JUDGMENT CERTIFICATION I certify that (a) This praecipe is based upon a judgment entered by confession, and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this praecipe as evidenced by a return of serviced filed of record. iam F. Colby, Jr. Scott F. Landis 3624337 By virtue of Writ of Execution issued by Plaintiff: Susquehanna Bank, Successor by Merger to Graystone Bank To case Number: 2012-3197 ALL THOSE CERTAIN lots situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as Lots 1, 2, 3, 4, 5, 6 and 15 on Plan of Lots recorded in Plan Book 80 at Page 52, the description thereof is incorporated by reference BEING THE SAME PREMISES which John E. Keener and Patricia Keener by deed dated August 17, 2001, and recorded August 24, 2001 in record Book 248, Page 403, granted and conveyed unto Steven E. Westhafer, in fee. EXCEPTING THEREOUT AND THEREFROM ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, Being more particularly bounded and described as follows, to wit: BEGINNING at a point located in the centerline of Texaco Road at the northwest corner of land now or formerly of Fred D. Fike, Jr.; thence along the western line of land now or formerly of Fred D. Fike, Jr., South 32 degrees 02 minutes 30 seconds East, a distance of 30.00 feet to the true point of BEGINNING; thence continuing along the same South 32 degrees 02 minutes 30 seconds East, a distance of 217.80 feet to a point at the southwest corner of land now or formerly of Fike and the northeast corner of Lot 15 Residual Lot as reference don the hereinafter referenced plan; thence along the western line of Lot 15, South 25 degrees 36 minutes 00 seconds East, a distance of 44.42 feet to a point at the northeast corner of Lot 2; thence along the northern line of Lot 2, South 64 degrees 42 minutes 52 seconds West a distance of 175.67 feet to a point at the northwest corner of Lot 2 and a point along the eastern right-of-way line of Keener Drive (60-foot right-of-way); thence along Keener Drive by a curve to the left having a radius of 180.00 feet and an arc length of 21.22 feet to a point; thence continuing along the same, North 32 degrees 02 minutes 30 second West, a distance of 176.10 feet to a point; thence continuing along the same by a curve to the right having a radius of 45.00 feet and an arc length of 70.69 feet to a point along Texaco Road; thence along Texaco Road, North 57 degrees 57 minutes 30 seconds East, a distance of 133.18 feet to a point, the lace of BEGINNING. BEING Lot 1 on the Final Subdivision Plan-Phase One for John Keener recorded January 5, 2000 in Plan Book 80, Page 52, Cumberland County Recorder of Deeds Office. EXCEPTING THEREOUT AND THEREFORM ALL THAT CERTAIN tract or parcel of land being situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point located on the eastern right-of-way line of Keener Drive (60 foot right- of-way) at the southwest corner of Lot 2 on the hereinafter referenced Plan; thence along the dividing line between Lot 2 and Lot 3, South 77 degrees 02 minutes 30 seconds East, a distance of 287.56 feet to a point at lands referred to as Lot 15, Residual Lot on said Plan; thence along 3630185-1 said lands South 25 degrees 36 minutes 00 seconds East, a distance of 58.43 feet to a point at the northeast corner of Lot 4 on said Plan; thence South 54 degrees 24 minutes 00 seconds West, a distance of 303.40 feet to a point on the eastern right-of-way line of Keener Drive(60-foot right- of-way) at the northwest corner of Lot 4 on said Plan; thence along said right-of-way line, North 25 degrees 36 minutes 00 seconds West, a distance of 97.20 feet to a point; thence by a curve to the right having a radius of 120.00 feet and an arc length of 80.76 feet to a point; thence along same right-of-way line of Keener Drive, North 12 degrees 57 minutes 30 seconds East, 84.00 feet to a point, the point and place of BEGINNING. BEING Lot 3 on the Final Subdivision Plan - Phase One for John Keener and recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Plan Book 80, Page 52. UNDER AND SUBJECT, NEVERTHELESS, to any and all covenants, conditions, easements, rights of way, restrictions and matters of record and any matter which a physical inspection or survey of the property would disclose. Title to said premises is vest in Steven E.Westhafer Property being known as: Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Being Parcel Numbers: Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08-0567-143, 38-08- 0567-144, and 38-08-0567-145 Seized and taken in execution as the property of: Steven E.Westhafer 3630185-1 c. � 20[4,J`I31 /d , f � ' t R( P�, 3 �8 p�'�'� YCVA �! 'ry BARLEY SNYDER LLP jQ William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR COURT OF COMMON PLEAS OF BY MERGER TO GRAYSTONE BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION— LAW V. STEVEN E. WESTHAFER No. 2012-3197 Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, Successor to Susquehanna Bank DV, Successor to Susquehanna Patriot Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed to the following information concerning the real property located at Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08-0567-143, 38-08-0567-144, and 38-08-0567-145. 1. Name and address of Owners(s) or Reputed Owner(s); Deed Book 248/Page 403;8/17/2001: Name: Steven E. Westhafer Address: 71 Silver Crown Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Name: Steven E. Westhafer Address: 71 Silver Crown Drive Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Susquehanna Bank 1828 Good Hope Drive Enola,PA 17025 3630185-1 4. Name and address of the last recorded holder of every mortgage of Record: Susquehanna Bank 1828 Good Hope Drive Enola, PA 17025 5. Name and address of every other person who has any record lien on their property: Cumberland County Tax Claim Bureau Cavalry Portfolio Services LLC 1 Courthouse Square 7 Skyline Drive Carlisle, PA 17013 Hawthorne,NY 10532 Cumberland County Tax Claim Bureau Cavalry Portfolio Services LLC c/o Stephen D. Tiley, Esquire c/o Frederic I. Weinberg, Esquire 5 S. Hanover Street 2001 E. Hector St Ste 200 Carlisle, PA 17013 Conshohocken, PA 19428 United States of America Commonwealth of Pennsylvania Department of Treasure Bureau of Compliance Internal Revenue Service Department 280948 Pittsburgh Office Room 808 Harrisburg, PA 17128-0948 1000 Liberty Street Pittsburgh, PA 15222-9974 Hoover Engineering Services Inc. US District Court MD of PA 658 Gaumer Road-Ste#100 c/o G. Michael Thiel, Esquire New Cumberland, PA 17070 Deputy Chief, Civil Division P.O. Box 309 Scranton, PA 18501-0309 Hoover Engineering Services Inc. c/o Marvin Beshore, Esquire 130 State Street P.O. Box 946, Harrisburg, PA 17108-0946 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: Debra Basehore Wiest, Tax Collector 269 Woods Drive Mechanicsburg, PA 17050 3630185-1 7. Name and address of every other person of who the plaintiff has knowledge who has any interest in the property that may be affected by the sale: Commonwealth of Pennsylvania Internal Revenue Service Department of Revenue WMS Moorhead Federal Building Bureau of Compliance Advisory Seventh Floor 1000 Liberty Avenue- Room 704 Strawberry Square Pittsburgh, PA 15222 Harrisburg, PA 17128-0101 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge of information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. § 4904 relating to unsworn falsification to authorities. BARLEY SNYDER LLP Date: '0 ( f By: 77e illiam F. Colby, Jr., Esquire Scott F. Landis, Esquire Attorneys for Plaintiff 3630185-1 :),;;; 19f r 1 If 0 CLJNBERL P13: r�7 PENN5 YL yI COUNT Y BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR COURT OF COMMON PLEAS OF BY MERGER TO GRAYSTONE BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION—LAW v. STEVEN E. WESTHAFER No. 2012-3197 Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: THAT THE SHERIFF'S SALE OF REAL PROPERTY(REAL ESTATE)WILL BE HELD: DATE: June 4, 2014 TIME: 10:00 O'CLOCK A.M. LOCATION: CUMBERLAND COUNTY COURT HOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) 3630185-1 THE LOCATION of your property to be sold is: Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Parcel Nos. 38-08- 0567-139,38-08-0567-141,38-08-0567-143,38-08-0567-144, and 38-08-0567-145 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2012-3197 The name of the owner or reputed owner of this property is: Steven E. Westhafer NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO PREVENT THIS SHERIFF'S SALE YOU MUST TAKE IMMEDIATE ACTION: 1. THIS SALE WILL BE CANCELLED IF YOU PAY TO THE MORTGAGEE THE BACK PAYMENTS,LATE CHARGES,COSTS AND REASONABLE ATTORNEY'S FEES DUE. TO FIND OUT HOW MUCH YOU MUST PAY,YOU MAY CALL 610-376-6651. 2. YOU MAY BE ABLE TO STOP THE SALE BY FILING A PETITION ASKING THE COURT TO STRIKE OR OPEN THE JUDGMENT,IF THE JUDGMENT WAS IMPROPERLY ENTERED. YOU MAY ALSO ASK THE COURT TO POSTPONE THE SALE FOR GOOD CAUSE. 3. YOU MAY ALSO BE ABLE TO STOP THE SALE THROUGH OTHER LEGAL PROCEEDINGS. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. THE SOONER YOU CONTACT ONE, THE MORE CHANCE YOU WILL HAVE OF STOPPING THE SALE. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. IF THE SHERIFF'S SALE IS NOT TOPPED,YOUR PROPERTY WILL BE SOLD TO THE HIGHEST BIDDER. YOU MAY FIND OUT THE PRICE BID BY CALLING 610-376-6651. 2. YOU MAY BE ABLE TO PETITION THE COURT TO SET ASIDE THE SALE IF THE BID PRICE WAS GROSSLY INADEQUATE COMPARED TO THE VALUE OF YOUR PROPERTY. 3. THE SALE WILL GO THROUGH ONLY IF THE BUYER PAYS THE SHERIFF THE FULL AMOUNT DUE AT THE SALE. TO FIND OUT IF THIS HAS HAPPENED,YOU MAY CALL: 717.240.6390. 4. IF THE AMOUNT DUE FROM THE BUYER IS NOT PAID TO THE SHERIFF,YOU WILL REMAIN THE OWNER OF THE PROPERTY AS IF THE SALE NEVER HAPPENED. 5. YOU HAVE A RIGHT TO REMAIN IN THE PROPERTY UNTIL THE FULL AMOUNT DUE IS PAID TO THE SHERIFF AND THE SHERIFF GIVES A DEED TO THE BUYER. AT THAT TIME,THE BUYER MAY BRING LEGAL PROCEEDINGS TO EVICT YOU. 6. YOU MAY BE ENTITLED TO A SHARE OF THE MONEY WHICH WAS PAID FOR YOUR HOUSE. A SCHEDULE OF DISTRIBUTION OF THE MONEY BID FOR YOUR HOUSE WILL BE FILED BY THE SHERIFF ON(30 DAYS AFTER SALE DATE). THIS SCHEDULE WILL STATE WHO 3630185-1 WILL BE RECEIVING THE MONEY. THE MONEY WILL BE PAID OUT IN ACCORDANCE WITH THIS SCHEDULE UNLESS EXCEPTIONS(REASON WHY THE PROPOSED DISTRIBUTION IS WRONG)ARE FILED WITH THE SHERIFF WITHIN 10 DAYS AFTER(30 DAYS AFTER SALE DATE). 7. YOU MAY ALSO HAVE OTHER RIGHTS AND DEFENSES,OR WAYS OF GETTING YOUR HOME BACK,IF YOU ACT IMMEDIATELY AFTER THE SALE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 34 S.Bedford Street Carlisle,Pennsylvania 717-249-3166 A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten(10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TO BE TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 3630185-1 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2.. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitioner raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or 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 Administration's Office — Civil Division, of the within County Courthouse, before presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. Wil iam F. Colby, Jr., Esquire Scott F. Landis, Esquire Attorneys for Plaintiff 3630185-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3197 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK,SUCCESSOR BY MERGER TO GRAYSTONE BANK Plaintiff(s) From STEVEN E. WESTHAFER (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: $559,261.86 L.L.: Interest PER DIEM$75.63 FROM 4/18/12 Atty's Comm: Due Prothy: $2.25 Atty Paid: $2,420.35 Other Costs: Plaintiff Paid: Date: 1/10/14 David D. uell,Prothonota - (Seal) : < % , _ Deputy REQUESTING PARTY: Name: WILLIAM C. COLBY,JR.,ESQUIRE Address: BARLEY SNYDER LLP 50 NORTH FIFTH STREET,P.O. BOX 942 READING,PA 19603 Attorney for: PLAINTIFF Telephone: 610-376-6651 Supreme Court ID No. 46880 BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 r KUTHO ,rd 21114 Ar 7 �'' UMBERLAND PE NNS YL COUNT y Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, Successor to Susquehanna Bank DV, Successor to Susquehanna Patriot Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed to the following information concerning the real property located at Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08-0567-143, 38-08-0567-144, and 38-08-0567-145. 1. Name and address of Owners(s) or Reputed Owner(s); Deed Book 248/Page 403;8/17/2001: Name: Address: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Name: Address: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Susquehanna Bank 1828 Good Hope Drive Enola, PA 17025 4. Name and address of the last recorded holder of every mortgage of Record: Susquehanna Bank 1828 Good Hope Drive Enola, PA 17025 5. Name and address of every other person who has any record lien on their property: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Tax Claim Bureau c/o Stephen D. Tiley, Esquire 5 S. Hanover Street Carlisle, PA 17013 United States of America Department of Treasure Internal Revenue Service Pittsburgh Office Room 808 1000 Liberty Street Pittsburgh, PA 15222-9974 Hoover Engineering Services Inc. 658 Gaumer Road -Ste #100 New Cumberland, PA 17070 Hoover Engineering Services Inc. c/o Marvin Beshore, Esquire 130 State Street P.O. Box 946, Harrisburg, PA 17108-0946 Realty Management Inc. do Paul D. Edgar 401 E. Louther Street Suite 103 Carlisle, PA 17013 Lisa Rillo 5455 Westbury Drive Enola, PA 17025 Cavalry Portfolio Services LLC 7 Skyline Drive Hawthorne, NY 10532 Cavalry Portfolio Services LLC do Frederic I. Weinberg, Esquire 2001 E. Hector St Ste 200 Conshohocken, PA 19428 Commonwealth of Pennsylvania Bureau of Compliance Department 280948 Harrisburg, PA 17128-0948 US District Court MD of PA do G. Michael Thiel, Esquire Deputy Chief, Civil Division P.O. Box 309 Scranton, PA 18501-0309 Realty Management Inc. 5006 Trindle Rd Ste 100 Mechanicsburg, PA 17050 Patrick J. Fetterman 200 Willow Ridge New Holland, PA 17557 Lisa Rillo c/o Robert C. May 4330 Carlisle Pike Camp Hill, PA 17011 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: Debra Basehore Wiest, Tax Collector 269 Woods Drive Mechanicsburg, PA 17050 7. Name and address of every other person of who the plaintiff has knowledge who has interest in the property that may be affected by the sale: Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Seventh Floor Strawberry Square Harrisburg, PA. 17128-0101 Internal Revenue Service 600 Arch Street Room 3259 Philadelphia, PA 19106 Pennsylvania Department of Public Welfare TPL Casualty Unit, Estate Recovery Program PO Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Internal Revenue Service WMS Moorhead Federal Building Advisory 1000 Liberty Avenue - Room 704 Pittsburgh, PA 15222 any I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge of information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. § 4904 relating to unsworn falsification to authorities. Date: BARLEY SNYDER By: L_ Wil`(m F. Colby, Jr., Esquire Scott F. Landis, Esquire Attorneys for Plaintiff BARLEY SNYDER LLP William C. Colby, Jr:, Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 , (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE" BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA' ;' , CIVIL ACTION — LAW No. 2012-3197 AFFIDAVIT OF SERVICE BERKS COUNTY, SS: Before me, the undersigned authority, personally appeared KELLY NEUMANN, PARALEGAL, who being duly sworn according to law, doth depose and say that she does hereby certifythat a true and correct copy of the attached letter ,in the above captioned matter was sent to was sent to the below listed lienholders: ,, Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17055 by certified, return receipt requested mail and by regular, first class mail at on May 2, 2014. The i t original Receipt for Certified Mail is attached hereto. Date: BARLEY SNYDER" 2014 c� I U`��✓`— Sworn and subscribed'to before me this 4303710_1 Kelly Neann, Paralegal for Plaintiff P.O. Box 942, Reading, PA 19603-0942 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lisa Doyle, Notary Public City of Reading, Berks County My Commission Expires May 14, 2014 Member. Pennsylvania Assodation of Notaries BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 AFFIDAVIT OF SERVICE BERKS COUNTY, SS: Before me, the undersigned authority, personally appeared KELLY NEUMANN, PARALEGAL, who being duly sworn according to law, doth depose and say that she does hereby certify that a true and correct copy of the Notice of Sheriff Sale of Real Property in the above captioned matter was sent to the below listed lienholders by regular, first class mail on the dates indicated on each Certificate of mailing, each of which is attached hereto: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Tax Claim Bureau c/o Stephen D. Tiley, Esquire 5 S. Hanover Street Carlisle, PA 17013 United States of America Department of Treasure Internal Revenue Service Pittsburgh Office Room 808 1000 Liberty Street Pittsburgh, PA 15222-9974 4303710_1 Cavalry Portfolio Services LLC 7 Skyline Drive Hawthorne, NY 10532 Cavalry Portfolio Services LLC c/o Frederic I. Weinberg, Esquire 2001 E. Hector St Ste 200 Conshohocken, PA 19428 Commonwealth of Pennsylvania Bureau of Compliance Department 280948 Harrisburg, PA 17128-0948 Hoover Engineering Services Inc. 658 Gaumer Road -Ste #100 New Cumberland, PA 17070 Hoover Engineering Services Inc. c/o Marvin Beshore, Esquire 130 State Street P.O. Box 946, Harrisburg, PA 17108-0946 Realty Management Inc. c/o Paul D. Edgar 401 E. Louther Street Suite 103 Carlisle, PA 17013 Lisa Rillo 5455 Westbury Drive Enola, PA 17025 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Seventh Floor Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service 600 Arch Street Room 3259 Philadelphia, PA 19106 Debra Basehore Wiest, Tax Collector 269 Woods Drive Mechanicsburg, PA 17050 4303710_1 US District Court MD of PA c/o G. Michael Thiel, Esquire Deputy Chief, Civil Division P.O. Box 309 Scranton, PA 18501-0309 Realty Management Inc. 5006 Trindle Rd Ste 100 Mechanicsburg, PA 17050 Patrick J. Fetterman 200 Willow Ridge New Holland, PA 17557 Lisa Rillo c/o Robert C. May 4330 Carlisle Pike Camp Hill, PA 17011 Internal Revenue Service WMS Moorhead Federal Building Advisory 1000 Liberty Avenue - Room 704 Pittsburgh, PA 15222 BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 NOTICE TO PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN by the following parties who holds a mortgage, against the real estate of Steven E. Westhafer, located at Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring Cumberland County, Pennsylvania ; Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08- 0567-143, 38-08-0567-144, and 38-08-0567-145: Susquehanna Bank 1828 Good Hope Drive Enola, PA 17025 You are hereby notified that on June 4, 2014, at 10:00 o'clock A.M., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Susquehanna Bank, Successor by Merger to Graystone Bank vs. Steven E. Westhafer, No. 2012-3197, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania, real estate of Steven E.Westhafer1 known and numbered as Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08-0567-143, 38-08-0567-144, and 38-08- 0567-145. A description of said real estate is hereto attached. 3284768 You are further notified that the Sheriff of Cumberland County will file a Schedule of Proposed Distribution no later than thirty (30) days after sale date, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Date: 3630185-1 Williams. Colby, Jr., Esquire Scott F. Landis, Esquire Attorneys for Plaintiff By virtue of Writ of Execution issued by Plaintiff: Susquehanna Bank, Successor by Merger to Graystone Bank To case Number: 2012-3197 ALL THOSE CERTAIN lots situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as Lots 1, 2, 3, 4, 5, 6 and 15 on Plan of Lots recorded in Plan Book 80 at Page 52, the description thereof is incorporated by reference BEING THE SAME PREMISES which John E. Keener and Patricia Keener by deed dated August 17, 2001, and recorded August 24, 2001 in record Book 248, Page 403, granted and conveyed unto Steven E. Westhafer, in fee. EXCEPTING THEREOUT AND THEREFROM ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, Being more particularly bounded and described as follows, to wit: BEGINNING at a point located in the centerline of Texaco Road at the northwest corner of land now or formerly of Fred D. Fike, Jr.; thence along the western line of land now or formerly of Fred D. Fike, Jr., South 32 degrees 02 minutes 30 seconds East, a distance of 30.00 feet to the true point of BEGINNING; thence continuing along the same South 32 degrees 02 minutes 30 seconds East, a distance of 217.80 feet to a point at the southwest corner of land now or formerly of Fike and the northeast corner of Lot 15 Residual Lot as reference don the hereinafter referenced plan; thence along the western line of Lot 15, South 25 degrees 36 minutes 00 seconds East, a distance of 44.42 feet to a point at the northeast corner of Lot 2; thence along the northern line of Lot 2, South 64 degrees 42 minutes 52 seconds West a distance of 175.67 feet to a point at the northwest corner of Lot 2 and a point along the eastern right-of-way line of Keener Drive (60 -foot right-of-way); thence along Keener Drive by a curve to the left having a radius of 180.00 feet and an arc length of 21.22 feet to a point; thence continuing along the same, North 32 degrees 02 minutes 30 second West, a distance of 176.10 feet to a point; thence continuing along the same by a curve to the right having a radius of 45.00 feet and an arc length of 70.69 feet to a point along Texaco Road; thence along Texaco Road, North 57 degrees 57 minutes 30 seconds East, a distance of 133.18 feet to a point, the lace of BEGINNING. BEING Lot 1 on the Final Subdivision Plan -Phase One for John Keener recorded January 5, 2000 in Plan Book 80, Page 52, Cumberland County Recorder of Deeds Office. EXCEPTING THEREOUT AND THEREFORM ALL THAT CERTAIN tract or parcel of land being situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point located on the eastern right-of-way line of Keener Drive (60 foot right- of-way) at the southwest corner of Lot 2 on the hereinafter referenced Plan; thence along the dividing line between Lot 2 and Lot 3, South 77 degrees 02 minutes 30 seconds East, a distance of 287.56 feet to a point at lands referred to as Lot 15, Residual Lot on said Plan; thence along 3630185-1 said lands South 25 degrees 36 minutes 00 seconds East, a distance of 58.43 feet to a point at the northeast corner of Lot 4 on said Plan; thence South 54 degrees 24 minutes 00 seconds West, a distance of 303.40 feet to a point on the eastern right-of-way line of Keener Drive (60 -foot right- of-way) at the northwest corner of Lot 4 on said Plan; thence along said right-of-way line, North 25 degrees 36 minutes 00 seconds West, a distance of 97.20 feet to a point; thence by a curve to the right having a radius of 120.00 feet and an arc length of 80.76 feet to a point; thence along same right-of-way line of Keener Drive, North 12 degrees 57 minutes 30 seconds East, 84.00 feet to a point, the point and place of BEGINNING. BEING Lot 3 on the Final Subdivision Plan - Phase One for John Keener and recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Plan Book 80, Page 52. UNDER AND SUBJECT, NEVERTHELESS, to any and all covenants, conditions, easements, rights of way, restrictions and matters of record and any matter which a physical inspection or survey of the property would disclose. Title to said premises is vest in Steven E. Westhafer Property being known as: Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 521 Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Being Parcel Numbers: Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08-0567-143, 38-08- 0567-144, and 38-08-0567-145 Seized and taken in execution as the property of: Steven E. Westhafer 3630185-1 BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: THAT THE SHERIFF'S SALE OF REAL PROPERTY (REAL ESTATE) WILL BE HELD: DATE: June 4, 2014 TIME: 10:00 O'CLOCK A.M. LOCATION: CUMBERLAND COUNTY COURT HOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) 3630185-1 THE LOCATION of your property to be sold is: Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Parcel Nos. 38-08- 0567-139, 38-08-0567-141, 38-08-0567-143, 38-08-0567-144, and 38-08-0567-145 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2012-3197 The name of the owner or reputed owner of this property is: Steven E. Westhafer NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO PREVENT THIS SHERIFF'S SALE YOU MUST TAKE IMMEDIATE ACTION: 1. THIS SALE WILL BE CANCELLED IF YOU PAY TO THE MORTGAGEE THE BACK PAYMENTS, LATE CHARGES, COSTS AND REASONABLE ATTORNEY'S FEES DUE. TO FIND OUT HOW MUCH YOU MUST PAY, YOU MAY CALL 610-376-6651. 2. YOU MAY BE ABLE TO STOP THE SALE BY FILING A PETITION ASKING THE COURT TO STRIKE OR OPEN THE JUDGMENT, IF THE JUDGMENT WAS IMPROPERLY ENTERED. YOU MAY ALSO ASK THE COURT TO POSTPONE THE SALE FOR GOOD CAUSE. 3. YOU MAY ALSO BE ABLE TO STOP THE SALE THROUGH OTHER LEGAL PROCEEDINGS. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. THE SOONER YOU CONTACT ONE, THE MORE CHANCE YOU WILL HAVE OF STOPPING THE SALE. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. IF THE SHERIFF'S SALE IS NOT TOPPED, YOUR PROPERTY WILL BE SOLD TO THE HIGHEST BIDDER. YOU MAY FIND OUT THE PRICE BID BY CALLING 610-376-6651. 2. YOU MAY BE ABLE TO PETITION THE COURT TO SET ASIDE THE SALE IF THE BID PRICE WAS GROSSLY INADEQUATE COMPARED TO THE VALUE OF YOUR PROPERTY. 3. THE SALE WILL GO THROUGH ONLY IF THE BUYER PAYS THE SHERIFF THE FULL AMOUNT DUE AT THE SALE. TO FIND OUT IF THIS HAS HAPPENED, YOU MAY CALL: 717.240.6390. 4. IF THE AMOUNT DUE FROM THE BUYER IS NOT PAID TO THE SHERIFF, YOU WILL REMAIN THE OWNER OF THE PROPERTY AS IF THE SALE NEVER HAPPENED. 5. YOU HAVE A RIGHT TO REMAIN IN THE PROPERTY UNTIL THE FULL AMOUNT DUE IS PAID TO THE SHERIFF AND THE SHERIFF GIVES A DEED TO THE BUYER. AT THAT TIME, THE BUYER MAY BRING LEGAL PROCEEDINGS TO EVICT YOU. 6. YOU MAY BE ENTITLED TO A SHARE OF THE MONEY WHICH WAS PAID FOR YOUR HOUSE. A SCHEDULE OF DISTRIBUTION OF THE MONEY BID FOR YOUR HOUSE WILL BE FILED BY THE SHERIFF ON (30 DAYS AFTER SALE DATE). THIS SCHEDULE WILL STATE WHO 3630185-1 WILL BE RECEIVING THE MONEY. THE MONEY WILL BE PAID OUT IN ACCORDANCE WITH THIS SCHEDULE UNLESS EXCEPTIONS (REASON WHY THE PROPOSED DISTRIBUTION IS WRONG) ARE FILED WITH THE SHERIFF WITHIN 10 DAYS AFTER (30 DAYS AFTER SALE DATE). 7. YOU MAY ALSO HAVE OTHER RIGHTS AND DEFENSES, OR WAYS OF GETTING YOUR HOME BACK, IF YOU ACT IMMEDIATELY AFTER THE SALE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TO BE TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 3630185-1 -a 0 5 .74 00 -a rn z W O 0 N O P 0 N Hasler 05/01/20 G.„L u0 ZIP 17602 011D11628654 ,POSTAL SERVICE UNITED STATES Kelly Neumann Barley Snyder 126 East King Street Lancaster , PA 17602 PS Form 3817, April 2007.PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE® Kelly Neumann Barley Snyder 126 East King Street Lancaster , PA 17602 0 i N in 0 O MI 1r) z. O P 1 L, P diff t IntAtiWaVOY firManrAIMMINIIII 1r21r. PS Form 3817, April 2d0 PSN 7530-02-000-9065 N y O 10 PS Form 3817, April 2007 PSN 7530-02-000-9065 r to — o • r1• -1 ‘.‹ Dr Fo' rn -t nCD Pqk< p >trc? cn • c:t 0 Hasler 05/01/20 -J 1 ul 30° ZIP 17602 • • 011D11628654 r NJ DID CD rri '‘Z rn cin Z E. 9 >erq ON CD 0 CD NJ 41 UNITED STATES WM POSTAL SERVICE, Kelly Neumann Barley Snyder 126 East King Street Lancaster , PA 17602 .e a PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Kelly Neumann Barley Snyder 126 East King Street Lancaster , PA 17602 To pay tee 01 Cr) PS Form 3817, April 2007 PSN 7530-02-000-9065 isr—M UNITED STATES POSTAL SERVICE Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® This ong may be us d for domestic and international mail 'From: To pay fee, a ffa stamps or reeler postage here 1.0 (s0 c) 00 (N tS98Z91.1.0140 ZO9L dIZ 30C v6 !SPH UNITED STATES Tn Th Fr Kelly Neumann Barley Snyder 126 East King Street Lancaster , PA 17602 tS98Z91,1.CII. io ZO9LI. dIZ 60C .affiv &AM., or Cr) Lc) 04 co 0 co (N PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES zu-te-rAi CCI31111.7C" Kelly Neumann Barley Snyder 126 East King Street Lancaster , PA 17602 17398Z91301. 09LdIZ 30e w \ z 1 r iiMiffilifiliraff PS Form 3817, April 2007 PSN 7530-02-000-9065 Hasler 05/02/2014 UNITED STES_ POSTSERVICE Kelly Neumann Barley Snyder 126 East King Street Lancaster , PA 1/602 PS Form 3817, April 2007 PSN 7530-02-000-9065 TO:Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17055 SENDER: KN REFERENCE: sb/ westhafer (cumberland 9314 8699 0430 0002 6916 20 PS Form 3800, January 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees USPS. Receipt for Certified Mail"' No Insurance Coverage Provided Do Not Use for International Mail CII POS (.„ (.0 N. (0 N PS Form to o , April 2007 PSN -530- 9065 1.19 3.30 1.35 0-00 POSTAL SERVICE e Kelly Neumann Barley Snyder 126 East King Stree(t.2 Lancaster176) t998Z9LL01.1.0 %411:2 Z09L dIZ rAglifit,"ra ' PS form 7ppr5 2007 PS 7530 - 2-000-9065 tr999Z91.1.01-1,0 ZO9L dIZ Certificate Of Mail UNITED STATES Kelly Neumann Barley Snyder 126 East King Street Lancaster , PA 17602 7999Z911.01. ZO9L dIZ 0 x z Topaykmaffastompsor 'Poaaphom. 01 0 ailiWzoge 110/AIWIMIKEN "WE ollemif m , April 2007 PSN 75 -02 000-9065 Z;" I UNITED. AT Kelly Neumann Barley Snyder 126 East King Street Lancaster , PA 17602 WANE" INFIANI, PS Form 3817, April 2007 PSN 7530-02-000-9065 BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff p PH /:5' - SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 AFFIDAVIT OF SERVICE BERKS COUNTY, SS: Before me, the undersigned authority, personally appeared KELLY NEUMANN, PARALEGAL, who being duly sworn according to law, doth depose and say that she does hereby certify that a true and correct copy of the attached letter in the above captioned matter was sent to was sent to the below listed lienholders: Internal Revenue Service Department of Treasury Small Business/Self Employed Area #2 500 Woodward Ave. Detroit, MI 48226 United States of America Department of Treasure, Internal Revenue Service Pittsburgh Office Room 808 1000 Liberty Street Pittsburgh, PA 15222-9974 Dept of Treasure/Internal Revenue Service Small Business/Self Employed 600 Arch Street, Room 7400 Philadelphia, PA 19106 by certified, return receipt requested mail and by regular, first class mail at on May 5, 2014. The original Receipt for Certified Mail is attached hereto. Date: S 4- , 2014 Sworn and subscribed to before me this/ aay of 4305001 By: BARLEY SNYDER Kelly Ne , m. nn, Paralegal for Plaintiff usquehanna Bank P.O. Box 942, Reading, PA 19603-0942 , 2014. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lisa Doyle, Notary Public City of Reading, Berks County My Commission Expires May 14, 2014 Member. Pennsylvania Association of Notaries Bayle Sn der ATTORNEYS AT LAW 50 North Fifth Street, 2nd Floor PO Box 942 Reading, PA 19603 Tel 610.376-6651 Fax 610.376.5243 www.barley.com Internal Revenue Service Department of Treasury Small Business/Self Employed Area #2 500 Woodward Ave. Detroit, MI 48226 United States of America Department of Treasure Internal Revenue Service Pittsburgh Office Room 808 1000 Liberty Street Pittsburgh, PA 15222-9974 William F. Colby, Jr., Esquire Direct Dial Number: 610.898.7161 E-mail: wcolby@barley.com May 2, 2014 Dept of Treasure/Internal Revenue Service Small Business/Self Employed 600 Arch Street, Room 7400 Philadelphia, PA 19106 Re: Steven E. Westhafer Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring Cumberland County, Pennsylvania Sheriff Sale - June 4, 2014 Gentlemen: We represent Susquehanna Bank, Successor by Merger to Graystone Bank (the "Mortgagee"). In accordance with federal requirements, I am writing to give you the following information relative to the proposed sale of real estate titled in the name of Steven E. Westhafer covered by two (2) federal tax liens. Relative to this proposed sale, we supply the following information: 1. The notice of federal tax liens originated in Detroit, MI. 2. The serial numbers of the federal tax liens are 410602207, filed January 3, 2008 and 458434608. filed July 31, 2008. 17055. 3. The name of the taxpayer as shown on the notices of lien is Steven E. Westhafer. 4. Taxpayer's place of residence is indicated as 71 Silver Crown Drive, Mechanicsburg, PA Lancaster • York • Reading • Malvern • Hanover �n May 2, 2014 Page 2 5. The notices of federal tax liens were filed with the Prothonotary of Cumberland County (copy attached) on January 3, 2009 to 2008-00035 and on July 31, 2008, to 2008-04601. 6. Your I.D. Number is xxx-xx-2265. 7. The kind of tax is Small Business/Self-Employed Area 2. 8. The amount of the liens are $9,940.91 (Tax Period Ending 12/31/2004) and $89,516.58 (Tax Period Ending 12/31/2005). 9. The legal description of the property to be sold by the Sheriff of Cumberland County is attached to this notice. 10. The proposed sale by the Sheriff of Cumberland County will be a public sale at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania on June 4, 2014. 11. The sale is pursuant to a Writ of Execution by the Mortgagee to No. 2012-3197, Cumberland County Prothonotary, based on a judgment entered to the same docket number. 12. The amount owing to the Mortgagee on the judgment referred to above and secured by the attached property description is $559,261.86. It is proposed that in accordance with the law, the federal tax liens against the above taxpayer will be divested by this Sale. If you have any questions about this notice, please contact me. Very truly yours, William F. Col y, Jr. KN/4300198/enc 4300198-1 6152 Form 668 (Y)(c) (Rev. February 2004) Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien76. ©sz F"11 -- Area: Area: SMALL BUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913-6050 Serial Number 410602207 For Optional Use by Recording Office As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer STEVE E WESTHAFER Residence 71 SILVER CROWN DR MECHANICSBURG, PA 17050-1638 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Kind of Tax (a) Tax Period Ending (b) Identifying Number (c) Date of Assessment (d) P..1/ e A C_/. /94f/8` Last Day for Refiling (e) Unpaid Balance of Assessment (f) 1040 12/31/2004 XXX - XX - 2265 04/02/2007 05/02/2017 9940.91 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 Total $ 9940.91 This notice was prepared and signed at DETROIT, MI , on this, the 19th day of December 2007 Signature A. for DAVID M. SHROYER Title REVENUE OFFICER (717) 777-9625 x1320 22-06-1442 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Form 668(Y)(c) (Rev. 2-2004) Part 1 - Kept By Recording Office CAT. NO 60025X Form 668 (Y)(c) (Rev. February 2004) 6152 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien 774.4 8• y10 TZ— LArea: Area: SMALL BUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913-6050 Serial Number 458434608 For Optional Use by Recording Office �I Cr° it. (4/yr /41 As provided by section 6321, 6322, and 6323 of the Internal Revenue Cie_ ..260'7P Code, we are giving a notice that taxes (including interest and penalties) have been assessed against die following -named taxpayer. We have made 2e„. -Z /.2 y 3 a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and penalties, interest, and costs that may accrue. c7nadditional c '7, (;. C_ i_, r ----, r - Name of Taxpayer STEVE E WESTHAFER — - Y+ Residence 71 SILVER CROWN DR MECHANICSBURG, PA 17050-1638 :_ it :r IMPORTANT RELEASE INFORMATION: For each assessment listed below, "` --< unless notice of the lien is reified by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Kind of Tax T Period Identifying Number Date Assessment nt aayy Refiling off Assessment (a) (b) (c) (d) (e) (f) 1040 12/31/2005 XXX -XX -2265 04/14/2008 05/14/2018 89516.58 Place of Filing Prothonotary Cumberland County Total $ 89516.58 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI on this, the 22nd day of July 2008 Signature for DAVID M. SHROYER Title REVENUE OFFICER (717) 777-9625 x1320 22-06-1442 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Office 668(Y)(c) (Rev. 2-2004) Part t - Kept By Recording O CAT. NO 60025X By virtue of Writ of Execution issued by Plaintiff: Susquehanna Bank, Successor by Merger to Graystone Bank To case Number: 2012-3197 ALL THOSE CERTAIN lots situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as Lots 1, 2, 3, 4, 5, 6 and 15 on Plan of Lots recorded in Plan Book 80 at Page 52, the description thereof is incorporated by reference BEING THE SAME PREMISES which John E. Keener and Patricia Keener by deed dated August 17, 2001, and recorded August 24, 2001 in record Book 248, Page 403, granted and conveyed unto Steven E. Westhafer, in fee. EXCEPTING THEREOUT AND THEREFROM ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, Being more particularly bounded and described as follows, to wit: BEGINNING at a point located in the centerline of Texaco Road at the northwest corner of land now or formerly of Fred D. Fike, Jr.; thence along the western line of land now or formerly of Fred D. Fike, Jr., South 32 degrees 02 minutes 30 seconds East, a distance of 30.00 feet to the true point of BEGINNING; thence continuing along the same South 32 degrees 02 minutes 30 seconds East, a distance of 217.80 feet to a point at the southwest corner of land now or formerly of Fike and the northeast corner of Lot 15 Residual Lot as reference don the hereinafter referenced plan; thence along the western line of Lot 15, South 25 degrees 36 minutes 00 seconds East, a distance of 44.42 feet to a point at the northeast corner of Lot 2; thence along the northern line of Lot 2, South 64 degrees 42 minutes 52 seconds West a distance of 175.67 feet to a point at the northwest corner of Lot 2 and a point along the eastern right-of-way line of Keener Drive (60 -foot right-of-way); thence along Keener Drive by a curve to the left having a radius of 180.00 feet and an arc length of 21.22 feet to a point; thence continuing along the same, North 32 degrees 02 minutes 30 second West, a distance of 176.10 feet to a point; thence continuing along the same by a curve to the right having a radius of 45.00 feet and an arc length of 70.69 feet to a point along Texaco Road; thence along Texaco Road, North 57 degrees 57 minutes 30 seconds East, a distance of 133.18 feet to a point, the lace of BEGINNING. BEING Lot 1 on the Final Subdivision Plan -Phase One for John Keener recorded January 5, 2000 in Plan Book 80, Page 52, Cumberland County Recorder of Deeds Office. EXCEPTING THEREOUT AND THEREFORM ALL THAT CERTAIN tract or parcel of land being situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point located on the eastern right-of-way line of Keener Drive (60 foot right- of-way) at the southwest corner of Lot 2 on the hereinafter referenced Plan; thence along the dividing line between Lot 2 and Lot 3, South 77 degrees 02 minutes 30 seconds East, a distance of 287.56 feet to a point at lands referred to as Lot 15, Residual Lot on said Plan; thence along said lands South 25 degrees 36 minutes 00 seconds East, a distance of 58.43 feet to a point at the northeast corner of Lot 4 on said Plan; thence South 54 degrees 24 minutes 00 seconds West, a distance of 303.40 feet to a point on the eastern right-of-way line of Keener Drive (60 -foot right- of-way) at the northwest corner of Lot 4 on said Plan; thence along said right-of-way line, North 25 degrees 36 minutes 00 seconds West, a distance of 97.20 feet to a point; thence by a curve to the right having a radius of 120.00 feet and an arc length of 80.76 feet to a point; thence along same right-of-way line of Keener Drive, North 12 degrees 57 minutes 30 seconds East, 84.00 feet to a point, the point and place of BEGINNING. BEING Lot 3 on the Final Subdivision Plan - Phase One for John Keener and recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Plan Book 80, Page 52. UNDER AND SUBJECT, NEVERTHELESS, to any and all covenants, conditions, easements, rights of way, restrictions and matters of record and any matter which a physical inspection or survey of the property would disclose. Title to said premises is vest in Steven E. Westhafer Property being known as: Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Being Parcel Numbers: Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08-0567-143, 38-08- 0567-144, and 38-08-0567-145 Seized and taken in execution as the property of: Steven E. Westhafer iir7M, UNITED STATES Ma' III POSTAI. SERVICEa This This Fron To: KELLY NEUMANN • BARLEY SNYDER 50 North 5th Street PO Box 942 Reading, PA 19603 n iN CE a iJj ir 0 Obl PS Form 3817, April 2007 PSN 7530-02-000-9065 4V5-1 lJzvI;ILt ertincate POSTAI. SERVICEe Malik This Certificate of Mailing provides evidence that mail has been presented to USPSO for main This forts may be used for dorpestic and international mall. rtitrall 'S‘r) ricr From: co(47AL Dica\ Oic To:T ‘r() Yub\NCOC ward Ave. 44 Cc,c,-(3-1_c PS Form 3817, April 2007 PSN 7530-02-000-9065 This This Fron Ui Q ct I0 a_ 00D fi3NI UNITED STATES Dracrit crpinr.F. Certificate Of To pay fee, affix stamps or Mailing meter postage here. KELLY NEUMANN BARLEY SNYDER 50 North 5th Street PO Box 942 Reading, PA 19603 0 0 • • ps or 115:IRS/ DEPT. OF TREASURY SM BUS/ SIE AREA #2 500 WOODWARD AVE DETRIOT, MI 48226 SENDER: KN REFERENCE: SB/IRS WESTHAFER 9314 8699 0430 0002 7054 33 ------_ PS Form 3800 Janua 2005 RETURN RECEIPT SERVICE Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees USPS• Receipt for Certified Mair No Insurance Coverage Provided Do Not Use for International Mail STMARTS OR DA -M.:UNITED STATES OF AMERICA DEPT OF TEASURE/ IRS PITTSBURGH OFFICE RM 808 1000 LIBERTY ST PITTSBURGH, PA 15222 SENDER: KN REFERENCE: SB/ USA WESTHAFER 9314 8699 0430 0002 7054 71 PS Form 3800 JEIntin 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees USPS• Receipt for Certified Mail"' No Insurance Coverage Provided Do Not Use for International Mail A U 4 BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 r �'�lnE L4,Avo coot?, 14 Pf l: S Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 AFFIDAVIT OF SERVICE BERKS COUNTY, SS: Before me, the undersigned authority, personally appeared KELLY NEUMANN, PARALEGAL, who being duly sworn according to law, doth depose and say that she does hereby certify that a true and correct copy of the attached letter in the above captioned matter was sent to was sent to the below listed lienholders: Pennsylvania Department of Revenue Bureau of Compliance Lien Section Dept. 280948 Harrisburg, PA 17128-0946 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance - 7th Floor Strawberry Square Harrisburg, PA 17128-0101 by certified, return receipt requested mail and by regular, first class mail at on May 5, 2014. The original Receipt for Certified Mail is attached hereto. Date: , 2014 By: BARLEY SNYDER Sworn and subscribed to before me th s day of 141 4305004 e y uma ' aralegal for Plaintiff S b . ehanna Bank P.O. Box 942, Reading, PA 19603-0942 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lisa Doyle, Notary Public City of Reading, Berks County My Commission Expires May 14, 2014 Member. Pennsylvania Association of Notaries ATTORNEYS AT LAW 50 North Fifth Street, 2nd Floor PO Box 942 Reading, PA 19603 Tel 610.376-6651 Fax 610.376.5243 www.barley.com Pennsylvania Department of Revenue Bureau of Compliance Lien Section Dept. 280948 Harrisburg, PA 17128-0946 William F. Colby, Jr., Esquire Direct Dial Number: 610.898.7161 E-mail: wcolby@barley.com May 2, 2014 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance - 7th Floor Strawberry Square Harrisburg, PA 17128-0101 Re: Steven E. Westhafer Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring Cumberland County, Pennsylvania Sheriff Sale - June 4, 2014 Gentlemen: We represent Susquehanna Bank, Successor by Merger to Graystone Bank (the "Mortgagee"). In accordance with state requirements, I am writing to give you the following information relative to the proposed sale of real estate titled in the name of Steven E. Westhafer covered by three (3) state tax liens. Relative to this proposed sale, we supply the following information: 1. The notices of state tax liens originated in Harrisburg, PA. 2. The name of the taxpayer as shown on the notice of lien is Steven E. Westhafer. 3. Taxpayer's place of residence is indicated as 71 Silver Crown Drive, Mechanicsburg, PA 17055. 4. The notices of Pennsylvania tax lien were filed on March 8, 2011 to docket number 2011-02852, June 5, 2012 to docket number 2012-03532, and September 9, 2013 to docket number 2013-05337, all were filed with the Prothonotary of Cumberland County (copy attached). 5. Your I.D. Numbers are P61148, 079274, M82275, M91682, and M07836. 6. The kind of tax is Personal Income Tax. Lancaster • York • Reading • Malvern • Hanover May 2, 2014 Page 2 7. The amount of the liens are $19,151.12, $4,159.52, and $6,761.98. 8. The legal description of the property to be sold by the Sheriff of Cumberland County is attached to this notice. 9. The proposed sale by the Sheriff of Cumberland County will be a public sale at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania on June 4, 2014. 10. The sale is pursuant to a Writ of Execution by the Mortgagee to No. 2012-3197, Cumberland County Prothonotary, based on a judgment entered to the same docket number. 11. The amount owing to the Mortgagee on the judgment referred to above and secured by the attached property description is $559,261.86. It is proposed that in accordance with the law, the state tax liens against the above taxpayer will be divested by this Sale. If you have any questions about this notice, please contact me. Very truly yours, 4300244-1 PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE LIEN SECTION PO BOX 280948 HARRISBURG PA 17128-0948 COURT OF COMMON P TO THE PROTHONOTARY OF SAID COURT: Pursuant to the laws of the Cooaonwealth of Pennsylvania. there is herewith trans.ltted a certified copy of a lien to he entered of record in your county 211MAP-8 Phi12: " J BERL►'.PFMHSYLVA i°s AS OF CUMBERLAND COUNTY, PENNSYLVANIA NAIME AND ADDRESS: CERT FIED COPY OF LIEN 185-44-2265 pennsylvania DEPARTMENT OF REVENUE REY-154 Ch DDCEXEC 010-141 dSsa a x-01 ?a. 6 i'ie" Ott aa� O73(, 1 (v -1(1-114251.oa-77 STEVE E WESTHAFER 71 SILVER CROWN DR MECHANICSBURG PA 17050-1638 CLASS OF TAX TAX PERIOD (OR DUE DATE) 2 DATE OF DETERMI 5E11 ASSESSMENT NATION OR INERT 3 IDENTIFYING NUMBER 4 TAX 5 TOTAL 6 P.I.T. P.I.T. P.I.T. 2006 2007 2008 AUG 17 2010 AUG 17 2010 AUG 17 2010 P61148 079274 M85275 4029.00 5630.00 3560.00 6128.10 8136.80 4886.22 TOTALS INTEREST COMPUTATION DATE MAY 02 2011 $13219.00 $19151.12 The undersigned, the Secretary of Revenue (or his author Pennsylvania, certifies this to be a true and correct co taxpayer for unpaid tax, interest, additions or penal tie and which, after demand for payment thereof remains unp tax. interest, additions or penalties is a lien in favor upon the taxpayer's property, real, personal or both, as SECRETARY OF REVENUE (OR AUTHORIZED DELEGATE) PART zed delegate) of the Commonwealth of y of a lien against the above-named thereon due from such taxpaXer id. The amount of such unpaid of the Commonwealth of Pennsylvania the case may be. FILING FEE(S) SATISFACTION FEE(S) ADDITIONAL INTEREST SETTLEMENT TOTAL FEB 03 2011 DATE 1 - TO BE RETAINED BY RECORDING OFFICE $19.00 $8.50 $19178.62 PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE LIEN SECTION PO BO% 280948 HARRISBURG PA 17128-0948 pennsylvania DEPARTMENT OF REVENUE REV -154 Ch DOCEXEC (Il -143 la - 353A Civil Term & 21.5o PD (NYE eiR4tco8 2'f a7►o COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TO THE PROTHONOTARY OF SAID COURT: Pursuant to the loos of the Commonwealth of Pennsylvania, there is hersvith transmitted o certified copy of a lien to be entered of record Se Year county NAME AND ADDRESS: CERTIFIED COPY OF LIEN 185-44-2265 {,J STEVE E WESTHAFER 71 SILVER CROWN DR MECHANICSBURG PA 17050-1638 CLASS OF TAX 1 TAX PERIOD (OR DUE DATE) 2 DATE OF ASSESSMENT DETERMINATION OR SETTLEMENT 3 IDENTIFYING NUMBER 4 TAX 5 TOTAL 6 P.I.T. 2009 OCT 21 2011 M91682 3053.00 4128.02 TOTALS $3053.00 $4128.02 INTEREST COMPUTATION DATE J U L 16 2012 FILING FEE(S) $21.50 The undersigned, the Secretary of Revenue (or his authorized delegate) of the Commonwealth of SATISFACTI08 FEES) Pennsylvania, certifies this to be a true and correct copy of a lien against the above-named taxpayer for unpaid tax, interest, additions or penalties thereon due from such taxpayer ADDITIONAL INTEREST and which. after demand for payment thereof, remains unpaid. The amount of such unpaid S 1 • 0 0 tax, interest, additions or penalties is a lien in favor of the Commonwealth of Pennsylvania upon the taxpayer's property, real, personal or both. as the case may be. �� SETTLEMENT TOTAL *4159.52 SECRETARY OF REVENUE (OR AUTHORIZED DELEGATE) APR 19 2012 DATE PART 1 - TO BE RETAINED BY RECORDING OFFICE PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE LIEN SECTION PO BOX 280948 HARRISBURG PA 17128-0948 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TO THE PROTHONOTARY OF SAID COURT: Pursuant to the lows of the Commonwealth of Pennsylvania, there is herewith transmitted a certified copy of a lien to he entered of record in your county NAME AND ADDRESS: CERTIFIED COPY OF LIEN 185-44-2265 13- 633ie:ivi \Tera pennsylvania DEPARTMENT OF REVENUE REV -ISO CP DOCEYEC (10-09) 4 -al 5D PD PLFF p a45/ 0o LZ :?IVld 6- (OS £IOl WESTHAFER STEVE E 71 SILVER CROWN DR MECHANICSBURG PA 17050 CLASS OF TAX 1 TAX PERIOD (OR DUE DATE) 2 DATE OF ASSESSMENT DETERMINATION OR SETTLEMENT 3 IDENTIFYING NUMBER 4 TAX 5 TOTAL 6 P.I.T. 2010 SEP 10 2012 M07836 5083.00 6730.48 INTEREST COMPUTATION The undersigned, the Pennsylvania, certifies taxpayer for unpaid and which, after demand tax, interest, additions upon the taxpayer's TOTALS DATE OCT 24 2013 $5083.00 $6730.48 FILING FEE(S) $21.50 Secretary of Revenue (or his authorized delegate) of the Commonwealth of SATISFACTION FEE(S) this to be a true and correct copy of a lien against the above-named tax. interest, additions or penalties thereon due from such taxpayer ADDITIONAL INTEREST for payment thereof. remains unpaid. The amount of such unpaid or penalties is a lien in favor of the Commonwealth of Pennsylvania property, real, personal or both, as the case may be. �i SETTLEMENT TOTAL *10.00 $6761.98 SECRETARY OF REVENUE (OR AUTHORIZED DELEGATE) JUL 26 2013 DATE PART 1 - TO BE RETAINED BY RECORDING OFFICE Land: $94,500.00 Improvements: 40.00 LISTED AS TEXACO ROAD 5. Account No. 38-08-0567-139 (LOT 15) Land: $232,300.00 Improvements: $0.00 MORTGAGES: OPEN-END MORTGAGE: $970,000.00 — Steven E. Westhafer TO Graystone Bank dated May 31, 2006 and recorded June 12, 2006 in Record Book 1954, Page 1294. MODIFICATION recorded February 11, 2009 in Instrument No. 200903702. OPEN-END MORTGAGE: $60,000.00 — Steven E. Westhafer TO Graystone Bank dated January 15, 2009 and recorded February 18 2009 in Instrument No. 200904365. MODIFICATION recorded December 30, 2009 in Instrument No. 200943042. TAX LIENS: FEDERAL TAX LIEN: $9,940.91 - United States of America, Department of the Treasury — Internal Revenue Service, Plaintiff vs. Steve E. Westhafer, Defendant entered and filed January 3, 2008 to Docket No. 2008-00035. FEDERAL TAX LIEN: $89,516.58 - United States of America, Department of the Treasury — Internal Revenue Service, Plaintiff vs. Steve E. Westhafer, Defendant entered and filed July 31, 2008 to Docket No. 2008-04601. STATE TAX LIEN: $19,151.12 - Commonwealth of Pennsylvania, Bureau of Compliance, Plaintiff vs. Steve E. Westhafer, Defendant entered and filed March 8, 2011 to Docket No. Docket No. 2011-02852. STATE TAX LIEN: $4,159.52 — Commonwealth of Pennsylvania, Bureau of Compliance, Plaintiff vs. Steve E. Westhafer, Defendant entered and filed June 5, 2012 to Docket No. 2012-03532. STATE TAX LIEN: $6,761.98 — Commonwealth of Pennsylvania, Bureau of Compliance, Plaintiff vs. Steve E. Westhafer, Defendant entered and filed September 9, 2013 to Docket No. 2013- 05337. SECURED TRANSACTIONS: NONE FINANCING STATEMENTS: NOT SEARCHED By virtue of Writ of Execution issued by Plaintiff: Susquehanna Bank, Successor by Merger to Graystone Bank To case Number: 2012-3197 ALL THOSE CERTAIN lots situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as Lots 1, 2, 3, 4, 5, 6 and 15 on Plan of Lots recorded in Plan Book 80 at Page 52, the description thereof is incorporated by reference BEING THE SAME PREMISES which John E. Keener and Patricia Keener by deed dated August 17, 2001, and recorded August 24, 2001 in record Book 248, Page 403, granted and conveyed unto Steven E. Westhafer, in fee. EXCEPTING THEREOUT AND THEREFROM ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, Being more particularly bounded and described as follows, to wit: BEGINNING at a point located in the centerline of Texaco Road at the northwest corner of land now or formerly of Fred D. Fike, Jr.; thence along the western line of land now or formerly of Fred D. Fike, Jr., South 32 degrees 02 minutes 30 seconds East, a distance of 30.00 feet to the true point of BEGINNING; thence continuing along the same South 32 degrees 02 minutes 30 seconds East, a distance of 217.80 feet to a point at the southwest corner of land now or formerly of Fike and the northeast corner of Lot 15 Residual Lot as reference don the hereinafter referenced plan; thence along the western line of Lot 15, South 25 degrees 36 minutes 00 seconds East, a distance of 44.42 feet to a point at the northeast corner of Lot 2; thence along the northern line of Lot 2, South 64 degrees 42 minutes 52 seconds West a distance of 175.67 feet to a point at the northwest corner of Lot 2 and a point along the eastern right-of-way line of Keener Drive (60 -foot right-of-way); thence along Keener Drive by a curve to the left having a radius of 180.00 feet and an arc length of 21.22 feet to a point; thence continuing along the same, North 32 degrees 02 minutes 30 second West, a distance of 176.10 feet to a point; thence continuing along the same by a curve to the right having a radius of 45.00 feet and an arc length of 70.69 feet to a point along Texaco Road; thence along Texaco Road, North 57 degrees 57 minutes 30 seconds East, a distance of 133.18 feet to a point, the lace of BEGINNING. BEING Lot 1 on the Final Subdivision Plan -Phase One for John Keener recorded January 5, 2000 in Plan Book 80, Page 52, Cumberland County Recorder of Deeds Office. EXCEPTING THEREOUT AND THEREFORM ALL THAT CERTAIN tract or parcel of land being situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point located on the eastern right-of-way line of Keener Drive (60 foot right- of-way) at the southwest corner of Lot 2 on the hereinafter referenced Plan; thence along the dividing line between Lot 2 and Lot 3, South 77 degrees 02 minutes 30 seconds East, a distance of 287.56 feet to a point at lands referred to as Lot 15, Residual Lot on said Plan; thence along said lands South 25 degrees 36 minutes 00 seconds East, a distance of 58.43 feet to a point at the northeast corner of Lot 4 on said Plan; thence South 54 degrees 24 minutes 00 seconds West, a distance of 303.40 feet to a point on the eastern right-of-way line of Keener Drive (60 -foot right- of-way) at the northwest corner of Lot 4 on said Plan; thence along said right-of-way line, North 25 degrees 36 minutes 00 seconds West, a distance of 97.20 feet to a point; thence by a curve to the right having a radius of 120.00 feet and an arc length of 80.76 feet to a point; thence along same right-of-way line of Keener Drive, North 12 degrees 57 minutes 30 seconds East, 84.00 feet to a point, the point and place of BEGINNING. BEING Lot 3 on the Final Subdivision Plan - Phase One for John Keener and recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Plan Book 80, Page 52. UNDER AND SUBJECT, NEVERTHELESS, to any and all covenants, conditions, easements, rights of way, restrictions and matters of record and any matter which a physical inspection or survey of the property would disclose. Title to said premises is vest in Steven E. Westhafer Property being known as: Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 521 Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Being Parcel Numbers: Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08-0567-143, 38-08- 0567-144, and 38-08-0567-145 Seized and taken in execution as the property of: Steven E. Westhafer l99Z901.0 I 40 4096 dIZ T)0C10 0VISOd sn 1740Z/90/90 JaiseH UNITED STATES catmc_ Thit Fro KELLY NEUMANN BARLEY SNYDER 50 North 5th Street PO Box 942 Reading, PA 19603 Certificate Of Mailing meter postage here T°:COMMONWEALTH OF PA DEPT OF REV/ BUR OF COMPLIANCE 7th FLOOR STRAWBERRY SQU HARRISBURG, PA 17128 SENDER: KN REFERENCE: SB/ COMM OF PA/ WESTHAFER 9314 8699 0430 0002 7055 87 PS Form 3800, January 2005 RETURN RECEIPT SERVICE Certified Fee Total Postage & Fee LISPS. Receipt for Certified Mair No Insurance Coverage Provided Do Not Use for International Mail To pay fee, affix stamps or PS Form 3817, April 2007 PSN 7530-02-000-9065 0 0 TO:PA DEPT OF REVENUE, BUR OF COMP, LIEN SECTION PO BOX 280948 HARRISBURG, PA 17128 SENDER: KN REFERENCE: SB/ PA DEPT/ WESTHAFER 9314 8699 0430 0002 7055 56 PS Form 3800, January 2005 Postage Certified Fee RETURN RECEIPT SERVICE Return Receipt Fee Restricted Delivery 135 Total Postage & Fees LISPS. Receipt for Certified Mail"' • No Insurance Coverage Provided Do Not Use for International Mail ----- - BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 264 ,' C111,18Et?Z_AAID CO VI' Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 NOTICE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for June 4, 2014 at 10:00 a.m. in the above -caption matter has been continued until September 3, 2014 at 10:00 a.m. BARLEY SNYDER By: 4331472-1 colt F. Landis, Esquire Attorneys for Plaintiff BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 2014 JUN -4 PENIV YL V C it Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 AFFIDAVIT OF SERVICE On this date, I mailed or delivered to the Sheriff's Office of Cumberland County, a copy of the Notice of Continued Sheriff's Sale in the above -captioned matter. BARLEY SNYDER By: Date: June?), 2014 4331472-1 Scott F. Landis, Esquire Attorneys for Plaintiff BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 JUL _2 p E2: 2-) GiJtriNNSYr LVi� AE FE Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for June 4, 2014 at 10:00 a.m. in the above -caption matter has been continued until September 3, 2014 at 10:00 a.m. BARLEY SNYDER By: 4352605-1 Scott F. Landis, Esquire Attorneys for Plaintiff BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 CERTIFICATE OF FILING On this date, I filed with the Prothonotary of Cumberland County a copy of the Notice of the Date of Continued Sheriffs Sale in the above -captioned matter. BARLEY SNYDER Date: June 4352605-1 , 2014 BY: Scott F. Landis, Esquire Attorneys for Plaintiff BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 OF THE 3 i,u THON 7 /inti', 204 AUG 22 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff No. 2012-3197 SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 MOTION OF SUSQUEHANNA BANK, Successor by Merger to GRAYSTONE BANK TO POSTPONE SHERIFF'S SALE WITHOUT RE -ADVERTISING 1. Plaintiff filed its Writ of Execution in the instant matter on January 10, 2014 and scheduled Defendant, Steven E. Westhafer's property located at Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08-0567- 143, 38-08-0567-144, and 38-08-0567-145 (the "Premises") for Sheriff's Sale on June 4, 2014. 2. On January 22, 2014, Steven E. Westhafer filed a Voluntary Petition for Relief under Chapter 13 of the United States Bankruptcy Code, causing a stay of the Sheriffs Sale of the Premises scheduled for June 4, 2014. 3. On March 31, 2014, Plaintiff filed a Motion for Relief from the Automatic Stay (the "Bankruptcy Motion") with regard to the Voluntary Petition under Chapter 13, as Plaintiff has not received monthly post-petition payments on account of the Note and Mortgage (as 4414827 No. 2012-3197 defined in and attached as Exhibits to Plaintiff's Complaint) and the Note and Mortgage matured on May 15, 2013 making the full amount due. 4. On May 28, 2014, Plaintiff filed an Objection to the Plan in regards to the Chapter 13 Plan filed on May 1, 2014. 5. The Sheriff's Sale scheduled for June 4, 2014 was continued until September 3, 2014 by Court Order. 6. On July 31, 2014, Plaintiff filed a Motion for Relief from the Automatic Stay (the "Bankruptcy Motion") with regard to the Voluntary Petition under Chapter 13, as Plaintiff has not received monthly post-petition payments on account of the Note and Mortgage (as defined in and attached as Exhibits to Plaintiffs Complaint) and the Note and Mortgage matured on May 15, 2013 making the full amount due. 7. Continuing the Sheriff's sale with an announcement of such continuance being made at the September 3, 2014 Sheriff's sale will not prejudice any party. 8. The Plaintiff believes that an additional three (3) month postponement to the December 3, 2014 sale would allow sufficient time for the Bankruptcy's Court's disposition of the Bankruptcy Motion scheduled for August 26, 2014 and allow the parties to avoid the costs of providing additional notice and re -advertisement of the Sheriffs sale. 4414827-1 2 No. 2012-3197 WHEREFORE, Plaintiff respectfully requests Your Honorable Court enter an order of court postponing the Sheriff's sale in this matter to December 3, 2014, ordering that an announcement of such postponement be made at the September 3, 2014 Sheriff's sale and that no other notice of the continuance or re -advertising be required. BARLEY SNYDER By: 4414827-1 2 lam F. Colby, Jr., Esquire Scott F. Landis, Esquire Attorneys for Plaintiff BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff No. 2012-3197 SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Motion of Susquehanna Bank to Postpone Sheriff's Sale Without Re -Advertising (the "Motion") was served this „,2/-' day of , 2014, upon: Via First Class Mail: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050 By: 4414827-1 Via First Class Mail: Robert E Chernicoff Cunningham and Chernicoff PC 2320 North Second Street Harrisburg, PA 17110 BARLEY SNYDER William F. Colby, Jr., Esquire Scott F. Landis, Esquire Attorneys for Plaintiff BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff No. 2012-3197 SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 (b) allows a judgment creditor to postpone a Sheriff's Sale up to two times within a one hundred thirty day period without new notice. The postponement must be announced to all assembled bidders. As outlined in the attached Motion, the Sheriff's Sale has already been postponed as allowed by PA.R.C.P 3129.3(b). Plaintiff seeks Court approval under, inter alia, Pa.R.C.P. 126, to postpone the sale again. This postponement will be announced to all assembled bidders. CONCLUSION For all the reasons discussed above in the attached Motion, the Court should enter the attached Order postponing the Sheriff's Sale. By: 4414827-1 BARLEY SNYDE William F. Colby, Jr., Esquire Scott F. Landis, Esquire Attorneys for Plaintiff BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff No. 2012-3197 SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 VERIFICATION Scott F. Landis, Esquire, hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth within the attached Motion to Postpone Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersign understands that the foregoing statements are made subject to the penalties of 18 Pa. C.S. §4904. By: 4414827-1 BARLEY SNYDER Willem F. Colby, Jr., Esquire Scott F. Landis, Esquire Attorneys for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 ORDER AND NOW, to wit, this Z 6- day of alp,.., ✓ , 2014, upon consideration of the Motion of Susquehanna Bank to Postpone Sheriff's Sale Without Re -Advertising, it is ORDERED that the Sheriff's sale scheduled for September 3, 2014 be postponed to the Sheriff's sale of December 3, 2014, that such postponement shall be announced by the Cumberland County Sheriff to those assembled at the September 3, 2014 Sheriff's sale, and, that no further notice of such postponement or re -advertising shall be required. Distribution List: ✓William C. Colby, Jr., Esquire Scott F. Landis, Esquire 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 even E. Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050 aCp.'ZS �'C3tLEL 4414827.1 U' Py J. BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Oi iFILED FEPliiL THn"{O`TAfi, 1'P1 I: 30 COMBERL r, ND PLl'`NSYL COUNTY Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 AFFIDAVIT OF SERVICE BERKS COUNTY, SS: Before me, the undersigned authority, personally appeared KELLY NEUMANN, PARALEGAL, who being duly sworn according to law, doth depose and say that she does hereby certify that a true and correct copy of the attached letter in the above captioned matter was sent to was sent to the below listed lienholders: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17055 by certified, return receipt requested mail and by regular, first class mail at on October 29, 2014. The original Receipt for Certified Mail is attached hereto. BARLEY SNYDER Date: , 2014 1. L Ke ly Ne R arm, Paralegal for Plaintiff P.O. Box 942, Reading, PA 19603-0942 Sworn and subscribed to before me this (5i day of OLf , 2014. 4303710_1 4303710.1 COMMONWEALTH OF PENNSYLVANIA NOTA9(AL SERC Lisa Doyte,;Notary Public City df Reading,t8er pirks County.; _r My Commission Exesj�May 14, 2018 ,MEMSEYi, PENNSYLVANIA ASSOCIATION •OF NOTARIES Hoover Engineering Services Inc. 658 Gaumer Road -Ste #100 ✓ New Cumberland, PA 17070 Hoover Engineering Services Inc. do Marvin Beshore, Esquire s/ 130 State Street P.O. Box 946, Harrisburg, PA 17108-0946 Realty Management Inc. c/o Paul D. Edgar 401 E. Louther Street Suite 103 Carlisle, PA 17013 Lisa Rillo 5455 Westbury Drive Enola, PA 17025 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Seventh Floor Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service 600 Arch Street Room 3259 Philadelphia, PA 19106 Debra Basehore Wiest, Tax Collector „/ 269 Woods Drive Mechanicsburg, PA 17050 4303710_1 4303710.1 US District Court MD of PA ✓ do G. Michael Thiel, Esquire Deputy Chief, Civil Division P.O. Box 309 Scranton, PA 18501-0309 Realty Management Inc. 5006 Trindle Rd Ste 100 Mechanicsburg, PA 17050 Patrick J. Fetterman 200 Willow Ridge New Holland, PA 17557 Lisa Rillo do Robert C. May 4330 Carlisle Pike Camp Hill, PA 17011 Internal Revenue Service WMS Moorhead Federal Building Advisory 1000 Liberty Avenue - Room 704 Pittsburgh, PA 15222 Date: Pennsylvania Department of Public Welfare TPL Casualty Unit, Estate Recovery Program PO Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 , 2014 BARLEY SNYDER Kelly Neuma , Paralegal for Plaintiff P.O. Box 942, 50 North Fifth Street Reading, PA 19603-0942 (610) 898-7167 Sworn and subscribed to before me this day of 0 OM ONWFALTH OF PENNSYLVANIA NOTARIAL SEAL Lisa Doyle, Notary Public City of Reading, Berks County My Commission Expires May 14, 2018 ,IEAISER, PE SYLVANIA ASSOCIATION OF NOTARIE 4303710 1 4303710.1 , 2014. BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 AMENDED NOTICE TO PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN by the following parties who holds a mortgage, against the real estate of Steven E. Westhafer, located at Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08- 0567-143, 38-08-0567-144, and 38-08-0567-145: Susquehanna Bank 1828 Good Hope Drive Enola, PA 17025 You are hereby notified that on December 3, 2014, at 10:00 o'clock A.M., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Susquehanna Bank, Successor by Merger to Graystone Bank vs. Steven E. Westhafer, No. 2012-3197, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania, real estate of Steven E.Westhafer, known and numbered as Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08-0567-143, 38-08-0567-144, and 38-08- 0567-145. A description of said real estate is hereto attached. 3284768 3630185.1 You are further notified that the Sheriff of Cumberland County will file a Schedule of Proposed Distribution no later than thirty (30) days after sale date, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Date: 0120 3630185.1 a/a tl�ra�m F. Colby, Jr., Esquire Scott F. Landis, Esquire Attorneys for Plaintiff By virtue of Writ of Execution issued by Plaintiff: Susquehanna Bank, Successor by Merger to Graystone Bank To case Number: 2012-3197 ALL THOSE CERTAIN lots situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as Lots 1, 2, 3, 4, 5, 6 and 15 on Plan of Lots recorded in Plan Book 80 at Page 52, the description thereof is incorporated by reference BEING THE SAME PREMISES which John E. Keener and Patricia Keener by deed dated August 17, 2001, and recorded August 24, 2001 in record Book 248, Page 403, granted and conveyed unto Steven E. Westhafer, in fee. EXCEPTING THEREOUT AND THEREFROM ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, Being more particularly bounded and described as follows, to wit: BEGINNING at a point located in the centerline of Texaco Road at the northwest corner of land now or formerly of Fred D. Fike, Jr.; thence along the western line of land now or formerly of Fred D. Fike, Jr., South 32 degrees 02 minutes 30 seconds East, a distance of 30.00 feet to the true point of BEGINNING; thence continuing along the same South 32 degrees 02 minutes 30 seconds East, a distance of 217.80 feet to a point at the southwest corner of land now or formerly of Fike and the northeast corner of Lot 15 Residual Lot as reference don the hereinafter referenced plan; thence along the western line of Lot 15, South 25 degrees 36 minutes 00 seconds East, a distance of 44.42 feet to a point at the northeast corner of Lot 2; thence along the northern line of Lot 2, South 64 degrees 42 minutes 52 seconds West a distance of 175.67 feet to a point at the northwest corner of Lot 2 and a point along the eastern right-of-way line of Keener Drive (60 -foot right-of-way); thence along Keener Drive by a curve to the left having a radius of 180.00 feet and an arc length of 21.22 feet to a point; thence continuing along the same, North 32 degrees 02 minutes 30 second West, a distance of 176.10 feet to a point; thence continuing along the same by a curve to the right having a radius of 45.00 feet and an arc length of 70.69 feet to a point along Texaco Road; thence along Texaco Road, North 57 degrees 57 minutes 30 seconds East, a distance of 133.18 feet to a point, the lace of BEGINNING. BEING Lot 1 on the Final Subdivision Plan -Phase One for John Keener recorded January 5, 2000 in Plan Book 80, Page 52, Cumberland County Recorder of Deeds Office. EXCEPTING THEREOUT AND THEREFORM ALL THAT CERTAIN tract or parcel of land being situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point located on the eastern right-of-way line of Keener Drive (60 foot right- of-way) at the southwest corner of Lot 2 on the hereinafter referenced Plan; thence along the dividing line between Lot 2 and Lot 3, South 77 degrees 02 minutes 30 seconds East, a distance of 287.56 feet to a point at lands referred to as Lot 15, Residual Lot on said Plan; thence along 3630185.1 said lands South 25 degrees 36 minutes 00 seconds East, a distance of 58.43 feet to a point at the northeast corner of Lot 4 on said Plan; thence South 54 degrees 24 minutes 00 seconds West, a distance of 303.40 feet to a point on the eastern right-of-way line of Keener Drive (60 -foot right- of-way) at the northwest corner of Lot 4 on said Plan; thence along said right-of-way line, North 25 degrees 36 minutes 00 seconds West, a distance of 97.20 feet to a point; thence by a curve to the right having a radius of 120.00 feet and an arc length of 80.76 feet to a point; thence along same right-of-way line of Keener Drive, North 12 degrees 57 minutes 30 seconds East, 84.00 feet to a point, the point and place of BEGINNING. BEING Lot 3 on the Final Subdivision Plan - Phase One for John Keener and recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Plan Book 80, Page 52. UNDER AND SUBJECT, NEVERTHELESS, to any and all covenants, conditions, easements, rights of way, restrictions and matters of record and any matter which a physical inspection or survey of the property would disclose. Title to said premises is vest in Steven E. Westhafer Property being known as: Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Being Parcel Numbers: Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08-0567-143, 38-08- 0567-144, and 38-08-0567-145 Seized and taken in execution as the property of: Steven E. Westhafer 3630185.1 BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: THAT THE SHERIFF'S SALE OF REAL PROPERTY (REAL ESTATE) WILL BE HELD: DATE: December 3, 2014 TIME: 10:00 O'CLOCKA.M. LOCATION: CUMBERLAND COUNTY COURT HOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYL VANL4 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) 3630185.1 THE LOCATION of your property to be sold is: Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Parcel Nos. 38-08- 0567-139, 38-08-0567441, 38-08-0567-143, 38-08-0567-144, and 38-08-0567-145 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2012-3197 The name of the owner or reputed owner of this property is: Steven E. Westhafer NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO PREVENT THIS SHERIFF'S SALE YOU MUST TAKE IMMEDIATE ACTION: 1. THIS SALE WILL BE CANCELLED IF YOU PAY TO THE MORTGAGEE THE BACK PAYMENTS, LATE CHARGES, COSTS AND REASONABLE ATTORNEY'S FEES DUE. TO FIND OUT HOW MUCH YOU MUST PAY, YOU MAY CALL 610-376-6651. 2. YOU MAY BE ABLE TO STOP THE SALE BY FILING A PETITION ASKING THE COURT TO STRIKE OR OPEN THE JUDGMENT, IF THE JUDGMENT WAS IMPROPERLY ENTERED. YOU MAY ALSO ASK THE COURT TO POSTPONE THE SALE FOR GOOD CAUSE. 3. YOU MAY ALSO BE ABLE TO STOP THE SALE THROUGH OTHER LEGAL PROCEEDINGS. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. THE SOONER YOU CONTACT ONE, THE MORE CHANCE YOU WILL HAVE OF STOPPING THE SALE. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. IF THE SHERIFF'S SALE IS NOT TOPPED, YOUR PROPERTY WILL BE SOLD TO THE HIGHEST BIDDER. YOU MAY FIND OUT THE PRICE BID BY CALLING 610-376-6651. 2. YOU MAY BE ABLE TO PETITION THE COURT TO SET ASIDE THE SALE IF THE BID PRICE WAS GROSSLY INADEQUATE COMPARED TO THE VALUE OF YOUR PROPERTY. 3. THE SALE WILL GO THROUGH ONLY IF THE BUYER PAYS THE SHERIFF THE FULL AMOUNT DUE AT THE SALE. TO FIND OUT IF THIS HAS HAPPENED, YOU MAY CALL: 717.240.6390. 4. IF THE AMOUNT DUE FROM THE BUYER IS NOT PAID TO THE SHERIFF, YOU WILL REMAIN THE OWNER OF THE PROPERTY AS IF THE SALE NEVER HAPPENED. 5. YOU HAVE A RIGHT TO REMAIN IN THE PROPERTY UNTIL THE FULL AMOUNT DUE IS PAID TO THE SHERIFF AND THE SHERIFF GIVES A DEED TO THE BUYER. AT THAT TIME, THE BUYER MAY BRING LEGAL PROCEEDINGS TO EVICT YOU. 6. YOU MAY BE ENTITLED TO A SHARE OF THE MONEY WHICH WAS PAID FOR YOUR HOUSE. A SCHEDULE OF DISTRIBUTION OF THE MONEY BID FOR YOUR HOUSE WILL BE FILED BY THE SHERIFF ON (30 DAYS AFTER SALE DATE). THIS SCHEDULE WILL STATE WHO 3630185.1 WILL BE RECEIVING THE MONEY. THE MONEY WILL BE PAID OUT IN ACCORDANCE WITH THIS SCHEDULE UNLESS EXCEPTIONS (REASON WHY THE PROPOSED DISTRIBUTION IS WRONG) ARE FILED WITH THE SHERIFF WITHIN 10 DAYS AFTER (30 DAYS AFTER SALE DATE). 7. YOU MAY ALSO HAVE OTHER RIGHTS AND DEFENSES, OR WAYS OF GETTING YOUR HOME BACK, IF YOU ACT IMMEDIATELY AFTER THE SALE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TO BE TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 3630185.1 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2.. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitioner raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or 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 Administration's Office — Civil Division, of the within County Courthouse, before presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. illiam F. Colby, Jr., Esquire Scott F. Landis, Esquire Attorneys for Plaintiff 3630185.1 V1 -99Z901,0 1-0 1.0961- d!Z Sq92.7.90 t-01-1-0 1.0961- d1Z 50E1,0$ A IS 4— 0 t OZ/6Z/0 I. Jaisefi a) 0 Co 0 0 0 0 Aril 7nO7 C TO: 62,,\ Steven E. Westhafer u: 71 Silver Crown DriveC Mechanicsburg, PA 1705011.d 29M SENDER: KN REFERENCE: WESTHAFER/ CUMBERLAND 9314 8699 0430 0007 6823 02 PS Form 3800, January 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fee USPS• Receipt for Certified Mail"' No Insurance Coverage Provided Do Not Use for International Mail 0 69 3.30 1 35 n n n 5-34 POSTMARK OR DATE UNITED STATES Certificai POSTAL SERVICE® Ma This Certificate of Mailing provides evidence that mail has been presented to USPS® for This form ma b used for domestic nd International mail. 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UNITED STATES Certificate Of This Certificate of Mailing provides evidence that mail has been presented to USPS5' '— --- - This form ma b1 used far omestic nd international mail. ki r irnanniTrito ie) .7rigder no Niat-in st-f-POrBa.61-4 "Roncit:ing)PHIgtoo3 C From: nc, R17 nril 71-m7 PSN 7530-02-000-9065 1 U.G nniTGI SERVICE N P CERTIFICATE OF MAILING KELLY NEUMANN BARLEY SNYDER 126E KING ST LANCASTER, PA 17602-2832 (07:7f rtd'nlary mail Cb dressed to: Affix fee here in stamps or meter postage and post mark, Inquire of Postmaster for current 11 IP/ El- /-3 t/T3 Pc f nrm RR17. Mar. 1989 'i s POSTAL SERVICE CERTIFICATE OF MAILING KELLY NEUMA NN BARLEY SNYDER 126E KING ST LANCASTER, PA 17602-2832 One/ppiece of ordinary mail addressed to: 1 •t1Bli iA[ 7: 0 tD , f '1'4 17/Q PS Form 3817, Mar. 1989 UNITED STATES Certif POSTAL SERVICE@ This Certificate of Mailing provides evidence that mail has been presented to USF This form ma be' used for domesticdolnd internationallmmail. 7y, From: ‹ l ) ` `Jr tJ ' "�6 1 1 r ( 1,1 / Nioof n-fi 1 clacks() �,PkiQHoo Affix fee here in stamps nr mot... ___, 1 st aco Cr)�(N r e^- O N� ft o c N X W 0 4 f!) a Co c31 r o fp m« a. E O f. F-� O 2A17 n.,ril 9nn7 PSN 7530-02-000-9065 U.S P1 U.S. POSTAL SERVICE noEs NOT CERTIFICATE OF MAILING TV KELLY NEUMANN BARLEY SNYDER 126£ KING ST LANCASTER, PA 17602-2832 Affix fee here in stamps or meter postage and post mark. 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Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 NOV 2 1 Pil 2:• 6 ',FriL_At,,D COUNTY VI ‘14 LH ILYrj- Attorney for Plaintiff No. 2012-3197 SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTRAFEI? Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 MOTION OF SUSQUEHANNA BANK, Successor by Merger to GRAYSTONE BANK TO POSTPONE SHERIFF'S SALE WITHOUT RE -ADVERTISING 1 Plaintiff filed its Writ of Execution in the instant matter on January 10, 2014 and scheduled Defendant, Steven E. Westhafer's property located at Lots No. 2, 4, 5, 6, and 15 on Plan of Lots Plan Book 80, Page 52, Texaco Road and Keener Drive, Township of Silver Spring, Cumberland County, Pennsylvania ; Parcel Nos. 38-08-0567-139, 38-08-0567-141, 38-08-0567- 143, 38-08-0567-144, and 38-08-0567-145 (the "Premises") for Sheriff's Sale on June 4, 2014. 2. On January 22, 2014, Steven E. Westhafer filed a Voluntary Petition for Relief under Chapter 13 of the United States Bankruptcy Code, causing a stay of the Sheriffs Sale of the Premises scheduled for June 4, 2014. 3. On March 31, 2014, Plaintiff filed a Motion for Relief from the Automatic Stay (the "Bankruptcy Motion") with regard to the Voluntary Petition under Chapter 13, as Plaintiff has not received monthly post-petition payments on account of the Note and Mortgage (as 4414827 No. 2012-3197 defined in and attached as Exhibits to Plaintiffs Complaint) and the Note and Mortgage matured on May 15, 2013 making the full amount due. 4. On May 28, 2014, Plaintiff filed an Objection to the Plan in regards to the Chapter 13 Plan filed on May 1, 2014. 5. The Sheriffs Sale scheduled for June 4, 2014 was continued until September 3, 2014 by Court Order. 6. On July 31, 2014, Plaintiff filed a Motion for Relief from the Automatic Stay (the "Bankruptcy Motion") with regard to the Voluntary Petition under Chapter 13, as Plaintiff has not received monthly post-petition payments on account of the Note and Mortgage (as defined in and attached as Exhibits to Plaintiffs Complaint) and the Note and Mortgage matured on May 15, 2013 making the full amount due. 7. The Sheriffs Sale scheduled for September 3, 2014 was continued until December 3, 2014 by Court Order. 8. On October 22, 2014, Defendant filed a Second Amended Chapter 13 Plan. The Hearing for the Second Amended Chapter 13 Plan is scheduled for November 26, 2014. 9. Continuing the Sheriffs sale with an announcement of such continuance being made at the December 3, 2014 Sheriffs sale will not prejudice any party. 10. The Plaintiff believes that an additional four (4) month postponement to the March 4, 2014 sale would allow sufficient time for the Bankruptcy's Court's disposition of the Bankruptcy Motion scheduled for December 3, 2014 and allow the parties to avoid the costs of providing additional notice and re -advertisement of the Sheriffs sale. 4414827-1 2 No. 2012-3197 WHEREFORE, Plaintiff respectfully requests Your Honorable Court enter an order of court postponing the Sheriff's sale in this matter to March 4, 2014, ordering that an announcement of such postponement be made at the December 3, 2014 Sheriff's sale and that no other notice of the continuance or re -advertising be required. BARLEY SNYDER By: William F. Colby, Jr., squire Scott F. Landis, Esquire Attorneys for Plaintiff 4414827-1 2 BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff No. 2012-3197 SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Motion of SusquehaipBank to o het'a_ ale Without Re -Advertising (the "Motion") was served this day of , 2014, upon: Via First Class Mail: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050 By: 4414827-1 Via First Class Mail: Robert E Chernicoff Cunningham and Chernicoff PC 2320 North Second Street Harrisburg, PA 17110 William F. Colby, Jr., Esquire Scott F. Landis, Esquire Attorneys for Plaintiff BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff No. 2012-3197 SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 (b) allows a judgment creditor to postpone a Sheriffs Sale up to two times within a one hundred thirty day period without new notice. The postponement must be announced to all assembled bidders. As outlined in the attached Motion, the Sheriffs Sale has already been postponed as allowed by PA.R.C.P 3129.3(b). Plaintiff seeks Court approval under, inter alia, Pa.R.C.P. 126, to postpone the sale again. This postponement will be announced to all assembled bidders. CONCLUSION For all the reasons discussed above in the attached Motion, the Court should enter the attached Order postponing the Sheriff's Sale. By: 4414827-1 BARLEY SNYDER William F. Colby, Jr., Esquire Scott F. Landis, Esquire Attorneys for Plaintiff BARLEY SNYDER LLP William C. Colby, Jr., Esquire Scott F. Landis, Esquire Court I.D. No. 46880, 69798 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff No. 2012-3197 SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plainttff v. STEVEN E. WESTHAFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 VERIFICATION Scott F. Landis, Esquire, hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth within the attached Motion to Postpone Sheriff s Sale are true and correct to the best of his knowledge, information and belief. The undersign understands that the foregoing statements are made subject to the penalties of 18 Pa. C.S. §4904. By: 4414827-1 BARLEY SNYDER Wiiliam F. Colby, Jr., Esq re Scott F. Landis, Esquire Attorneys for Plaintiff SUSQUEHANNA BANK, SUCCESSOR BY MERGER TO GRAYSTONE BANK, Plaintiff v. STEVEN E. WESTHAFER Defendant BchL- ' PENSu COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 2012-3197 ORDER AND NOW, to wit, this Z,6' day of t.9ivcalAx , 2014, upon consideration of the Motion of Susquehanna Bank to Postpone Sheriff's Sale Without Re -Advertising, it is ORDERED that the Sheriff's sale scheduled for September 3, 2014 be postponed to the Sheriff's sale of March 4, 2014, that such postponement shall be announced by the Cumberland County Sheriff to those assembled at the December 3, 2014 Sheriff's sale, and, that no further notice of such postponement or re -advertising shall be required. BY THCOURT //ic3L Distribution List: i William C. Colby, Jr., Esquire Scott F. Landis, Esquire 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17050 4414827.1 etap i es d✓lct :led II IUJ l H J.