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HomeMy WebLinkAbout12-3655 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS CIVIL DIVISION TRUST COMPANY OF CHAMBERSBURG, eiva NO.: /off - ?? l P.,1'YN Plaintiff, Vs. SUPER FITNESS CENTER, INC. nWa SHIPPENSBURG FITNESS CENTER, INC., Defendant. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEnR A DEFAULT JUDGMENT MAY BE ENT D AIN YOU. I HEREBJP CERTIFY THAT THE ADDRESS OF TH /PLAINTIFF IS: i P.O. ' x 6010 Chain rsburg, PA 17201 AND DEFEND/ANT(S): 117 West Burd 6treet-\ A CERTIFICATE F LOCATION I HEREBY CERTIFY THAT T LOCATION OF THE REAL ESTA LIEN IS 117 West Burd eL? usbur A 17257 ' " TYPE OF PLEADING - r - - 7)"1 CIVIL ACTION - COMPLAINT = IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Farmers and Merchants Trust Company of Chambersburg, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 O . 103.75 Pp AT / d'7lc 66 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: VS. SUPER FITNESS CENTER, INC. n/k/a SHIPPENSBURG FITNESS CENTER, INC., Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claims or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, VS. SUPER FITNESS CENTER, INC. n/k/a SHIPPENSBURG FITNESS CENTER, INC., Defendant. AVISO NO.. USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: VS. SUPER FITNESS CENTER, INC. n/k/a SHIPPENSBURG FITNESS CENTER, INC., Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Farmers and Merchants Trust Company of Chambersburg, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Farmers and Merchants Trust Company of Chambersburg, which has its principal place of business at P.O. Box 6010, Chambersburg, Pennsylvania 17201. 2. The Defendant is Super Fitness Center, Inc. n/k/a Shippensburg Fitness Center, Inc., with an address of 117 West Burd Street, Shippensburg, Pennsylvania 17257. 3. On or about November 1, 2006, Defendant executed a Promissory Note ("Note") in favor of Plaintiff in the original principal amount of $285,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about November 1, 2006, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $285,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 8, 2006, in Mortgage Book Volume 1972, Page 1436. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. Plaintiff was not required to send Defendant(s) written notice of Plaintiff s intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that said Mortgage is not a "residential mortgage" as defined in 41 P. S. §101. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 262,956.20 Interest through 6/7/2012 $ 13,579.17 Late Charges $ 2,340.51 Attorney's Fees $ 2,500.00 Title Costs $ 410.00 TOTAL $ 281,785.88 plus interest on the principal sum ($262,956.20) from June 7, 2012, at the rate of $23.73 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $281,785.88, with interest thereon at the rate of $23.73 per diem from June 7, 2012 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES3SM E CK & CONNELLY LLP Dated: 12- BY: Scott A. Di erick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE EXHIBIT "A" .i PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item Any item above containing - * - has been omitted due to text length limitations. Borrower: Shippensburg Fitness Center, Inc. (TIN: Lender: Farmers and Merchants Trust Company of 25-1482241) Chambersburg 117 West Burd Street Franklin County Shippensburg, PA 17257 Chambersburg, PA Principal Amount: $285,000.00 Date of Note: November 1, 2006 PROMISE.TO PAY. Shippensburg Fitness Center, Inc. ("Borrower") promises to pay to Farmers and Merchants Trust Company of Chambersburg ("Lender"l, or order, in lawful money of the United States of America, the principal amount of Two Hundred Eighty-five Thousand & 00f100 Dollars (5285,000.00), together with Interest on the unpaid principal balance from November 1, 2006, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this ban in accordance with the following payment schedule: 60 monthly consecutive principal and Interest payments in the initial amount of $2,359.38 each, beginning December 1. 2006, with interest calculated on the unpaid principal balances at an initial discounted interest rate of 7.750% per annum; 179 monthly consecutive principal and Interest payments in the initial amount of $2,432.55 each, beginning December 1, 2011, with Interest calculated on the unpaid principal balances at an Interest rate based on the New York Prime Rate as published in the Wall Street Journal_ When a range of rate has been published, the higher of the rates will be used (currently 8.250%), resulting in an initial interest rate of 8.250%; and one principal and interest payment of $2,431.65 on November 1, 2026, with interest calculated on the unpaid principal balances at an interest rate based on the New York Prime Rate as published in the Wall Street Journal. When a range of rate has been published, the higher of the rates will be used (currently 8.250%), resulting it an initial )Merest rate of 8.250%. This estimated final payment Is based on the assumption tFrat all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts carder this Note. Unless otherwise agreed or required by applicable law, payments wit be applied first to any unpaid collection costs; then to any late charges; then to any accrued unpaid interest; and than to principal. The annual interest rate for this Note Is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiglied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE For the first 60 payments, the interest rate on this loan will be 7.750%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an indeperdent index which is the New York Prime Rate as published in the Wall Street Journal. When a range of rate has been published, the higher of the rates will be used (the "index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each time there has been a change in the Index. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 8,250% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed boapplicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing!mterest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrote(er is final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender to entitled to the following prepayment penalty: In the event any portion of the principal amount of the Note is prepaid during the fixed-we period of the Note, a Prepayment Premium will be due and payable by the Borrower to the Lender. The Prepayment Premium, calculated as of the payment dots, will be equal to the present value of the remaining scheduled payments of principal and interest plus the present value of the principal balance due at the end of the fixed-rate period. The discount rate used to calculate the present value will be equal to the interest rate that would be charged for a new loan of like kind and quality with a fixed rate period equal to the remaining fixed rate period on the original loan. If the calculated Prepayment Premium exceeds the principal amount being prepaid, then this excess amount will be due to the Lender. If the calculated Prepayment Premium Is equal to or lees than the pnmdpal amount being paid, then the amount due to the Lender is zero. If the Note being prepaid was matched funded by the lender, the Prepaymenf-Premium will be equal to the amount calculated above plus the prepayment fee incurred by the Lender to prepay its funding commitment to its funding source. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is due. Early paymentg,will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a Payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Farmers and Merchants Trust Company of Chambersburg, P. O. Box 6010 Chambersburg, PA 17201-6010. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 6.000% of the unpaid portion of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 2.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. After maturity, or after this Note would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Note. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the 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. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. , 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 Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor 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. 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. PROMISSORY NOTE (Continued) Page 2 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 this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. It any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve 02) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen 05) 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 emirs unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. if not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER- Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterciaan 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 Franklin County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a tee to Lender of $25,00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. ANNUAL FINANCIAL STATEMENT COVENANT. Borrower shall provide Lender, as soon as available but in no event later than thirty (30) days after the applicable filing date for the tax reporting period shaded, Federal and other governmental tax returns, prepared by a tax professional satisfactory to Lender, INTEREST RATE RENEGOTIATION. At the end of the initial fixed interest rate, at the sole and absolute option of Lender, the interest rate on the Loan may be renegotiated for another fixed interest rate term. If Lender does not offer a new interest rate or Borrower does not accept the rate as offered, the interest rate on the remaining principal balance will float at a variable rate of interest as stated above in "Payment" section above. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, persona( 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, If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 110%i OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 1$500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, 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: SHIPPENS FTNE S CE TER, INC. ' v By.. )Seat) By: #Seall art G. Staver Preside of Shippensburg Fitness Heath E. Newell, Secret of Shippensburg Fitness Center, Inc. Center, Inc. DISCLG )RE FOR CONFESSION OF .. -)GHENT Principal .... 1 oars flats Matfanfy Loan No call ICotl Accouazt Officer its $285p,00.0.00 ?. ; 2Q06 -01 2026::; R? TL1H References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "" has been omitted due to text length limitations. Declarant: Shippensburg Fnness Center, Inc. (TIN: Lender: Farmers and Merchants Trust Company of 25-1482241) Chambersburg 117 West Burd Street Franklin County Shippensburg, PA 17257 Chambersburg, PA DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS DAY OF 200&, A PROMISSORY NOTE FOR $285,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT 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, 1S 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 DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: 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. INITIALS: --? n e- 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: SHIPPE S UR FIT ESS CENTER, INC. BY: (Seal) Robert . S ver, President of Shippensburg Fitness Center, Inc., By: (Seat) Newe , Secretar of Shippensburg Fitness Center, Inc. EXHIBIT "B" S Parcel Identification Number: a,06 ig lu 43 RECORDATION 0 REQUESTED BY: Farmers and Merchants Trust Company of Chambersburg Franklin County Chambersburg, PA WHEN RECORDED MAIL TO: Farmers and Merchants Trust Company of Chambersburg Franklin County Chambersburg, PA SEND TAX NOTICES TO: Shippensburg Fitness Center, Inc. 117 West Surd Street Shippensburg, PA 17257 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $285,000.00 THIS MORTGAGE dated November 1, 2006, is made and executed between Super Fitness Center, Inc. now by name change, Shippensburg Fitness Center, Inc. (referred to below as "Grantor") and Farmers and Merchants Trust Company of Chambersburg, whose address is Chambersburg, PA (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants; bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys. passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 117 West Burd Street, Shippensburg Borough, PA 17257. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $285,000;00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default. Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, ma?ufacrure, storage, treatment. disrnsa!. release or threatened release of ary Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property: and (bl any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation alt Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby I1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under BK 1972PG 1436 MORTGAGE (Continued) Page 2 any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,'liabilaies, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or gram to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or romove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen 0 5) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 ?3K (972p? 1437 MORTGAGE (Continued) Page 3 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cast of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; 13) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Tide. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; 13) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. G EK 19 7?F X38 MORTGAGE (Continued) Page 6 interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), Surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actuaNy received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of forecosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County, Commonwealth of Pennsylvania. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to dainand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabigty. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender, Successor Interests- The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Shippensburg Fitness Center, Inc. and includes all cc-signers and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1966, Pub. L. No. 99-499 ('SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Shippensburg Fitness Center, Inc.. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the 9K 1972PG 1 14 14 1 MORTGAGE (Continued) Page s CORPORATE ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA } b I SS COUNTY OF j "',Y) I'Lk-I / } On this, the day of... 20 t k 0 , before me U tlt S T. c the undersigned Notary Public, personally appeared Robert G. Staver, President of Shippensburg Fitness Center, Inc., who acknowledged himself or herself to be the President of Shippensburg Fitness Center, Inc., of a corporation, and that he or she as such President of Shippensburg Fitness Center, Inc., being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself or herself as President of Shippensburg Fitness Center, Inc.. In witness whereof, I hereunto set my hand and official seal. ,r COMMONWEALTH OF PENNSYLVANIA Warfel Seal ?t Cmkdy Notary Public in and for the State of /-r Myva Vn1aalori ES"nAtl9, 22.2010 Member, Pe M*vinii Assoclation of Notifies CORPORATE ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA } COUNTY OF ;?Lti ) SS I ST On this, the day of 20 Q b before me L l .?',? t the undersigned Notary Public, personally appeared Heath E. Newetl, Secretary of Shirpensburg Fitness Center, Inc., who acknowledged himself or herself to be the Secretary of Shippensburg Fitness Center, Inc., of a corporation, and that he or she as such Secretary of Shippensburg Fitness Center, Inc., being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself or herself as Secretary of Shippensburg Fitness Center, Inc.. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA ?I 4a (_ Nolaft Seal -- TracreS.Relee,Noisily Public Notary Public in and for the State of MY0orrat eonEwliveft 2M0 Mamber, Pennsylvarda Association of Notaries ?+%? vp v.d:,v. v,. es+.m.ev e... w.wa r,w,., sw.w,,,, w?. nn. xe. .v.wv? •,...w?. r, t..erranamx ni ?.iva m.x 9K ! 972PG 1443 EXHIBIT A TRACT NO. 1: ALL that tract of land, with the improvements thereon erected, situate on the North side of West Burd Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, having a frontage on said West Burd Street of 110 feet and 04 inches, and having a depth of 200 feet northwardly from West Burd Street along lot formerly of Irvin Bowers, now or formerly of Ida Bowers, and bounded on the West by said Bowers lot; on the North by land formerly of H & R Woodworks, Inc., and Robert Marpoe, now or formerly of Richard Tamer; and on the East by land formerly of H & R. Woodworks, Inc., now or formerly of Richard Tamer; and on the South by West Burd Street. BEING the same real estate which McCune Lumber Co. by deed dated December 14, 1984, and recorded in Cumberland County Record Book Volume 31A, Page 1034, conveyed to Super Fitness Center, Inc., now by name change, Shippensburg Fitness Center, Inc., Mortgagor herein. UNDER AND SUBJECT to all covenants, conditions, easements, rights-of-way, restrictions, reservations and limitations of record. TRACT NO. 2: BEGINNING at a point at corner common to lands formerly of Supreme Dairy and lands now or formerly of Marpoe; thence along said lands of Marpoe, North 46 degrees 37 minutes 30 seconds West, 51 feet to a point at lands of Suave; thence along lands of Suave, North 42 degrees 14 minutes 44 seconds East, 54.96 feet to a point; thence continuing along the same, North 41 degrees 4 minutes 51 seconds East, 122.6 feet to a point at Lot No. 13; thence along Lot No. 13, South 41 degrees 10 minutes 21 seconds East, 67.02 feet to a point; thence along lands now or formerly of Supreme Dairy, South 46 degrees 37 minutes 43 seconds West, 1? 1.36 feet to a point at lands of Marpoe, the place of beginning. BEING Lot No. 14, Block "A," of Oakland Park subdivision. BEING the same real estate which Dick F. Tamer and Janet L. Tamer, his wife, by deed dated January 28, 1994, and recorded in Cumberland County Record Book Volume 36T, Page 1071, conveyed to Robert G. Staver and Deborah P. Staver, his wife, and Jeffrey A. Staver and Julieanne M. Staver, his wife. L? aed 1725492-1 1972PG 1444 ..................... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: vs. SUPER FITNESS CENTER, INC. nWa SHWPENSBURG FITNESS CENTER, INC., Defendant. VERIFICATION I, William A. Pryor, Vice President on behalf of Farmers and Merchants Trust Company of Chambersburg, depose and say subject to the penalties of.18 Pa,C.S.A., sec.4904 relating to unworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, lmowledge and belief. William A. Pryor Dom; I? Vice President of Farmers and Merchants Trust Company of Chambersburg SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderso n v r ?_ Sheriff n- llp of ?uaq??rF ?? = ..._ c- r ' Jody S Smith x ?Y? l ' ai --:';r p ? { 4 Chief Deputy '' 1 - Richard W Stewart - ' Solicitor OFFlC6 . ',,E $"EPrt;F Farmers and Merchants Trust Company of Chambersburg Case Number vs. Super Fitness Center, Inc. 2012-3655 SHERIFF'S RETURN OF SERVICE 06/12/2012 08:59 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2012 at 2100 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Super Fitness Center, Inc. n/k/a Shippensburg Fitness Center, Inc., by making known unto Tony Giannini, adult in charge for Super Fitness Center, Inc. at 117 W. Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. 45??SHAL , SHERIFF COST: $48.00 June 14, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;c CountySuite Sheriff. lelecsoft. Inc WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 2012-3655 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Plaintiff (s) From SUPER FITNESS CENTER, INC. N/K/A SHIPPENSBURG FITNESS CENTER, INC. (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: $283,050.71 L. L.: $.50 Interest from 7-19-2012 to date of sale - $3,298.47 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $199.25 Other Costs: Plaintiff Paid: Date: 7/20/2012 1 r _ David D. Buell, Prothonota (Seal) Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP P O BOX 650, HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 f t IN THE COURT OF M440N PLEAS OF C<)lmmuAm axpi Y, PE3 MnVANIA Farmers and Merchants Trust CIVIL DIVISION Company of Chambersburg . File No. 12-3655 Civil Term (Plaintiff) : Amount Due Interest from 7-19-2012 v Super Fitness Center, Inc. n/k/a date Hof s`ale Atty s Comm Shippensburg Fitness Center, Inc. Costs {Defendant(s) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it d es, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR 00=0N C Issue writ of execution in the above matter to the Sheriff of Cumber c " County, for debt, interest and costs upon the following described property h defendant(s) tls N See Exhibit "A" attached. 2- µ = CD 77 ?G PRAECIPE FOR ATTTACEMEW EDa=ON Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee( s) for the following property (if real estate, supply six copies of the description; supply our copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of said garnishee(s). (Indicate) Index this writ against the garnishee(s) real estate of the defendant(s) described in the attached exlpit Dpi July 19, 2012 2g• Db ed At g8.00 c a p ' 03 r? 5 rr 1b • So ? 99• P •? . so L ? J ?.J- Co. 0# 119q0.2 ?# d r7,9.1 X6 je WtI_) 0 f ?X Is?ved Signature: Print Name: t Address: James Smith Dietterick & Connelly ?LLP P 0 Box 650, Hersh PA 1 Attorney for: Plaintiff Telephone: (717) 533-3280 283,050.71 3,2 8.47 Supreme Court ID No.: 11 LEGAL DESCRIPTION TRACT NO. 1: ALL that tract of land, with the improvements thereon erected, situate on the North side of West Burd Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, having a frontage on said West Burd Street of 110 feet and 04 inches, and having a depth of 200 feet northwardly from West Burd Street along lot formerly of Irvin Bowers, now or formerly of Ida Bowers, and bounded on the West by said Bowers lot; on the North by land formerly of H&R Woodworks, Inc. and Robert Marpoe, now or formerly of Richard Tamer; and on the East by land formerly of H&R Woodworks, Inc., now or formerly of Richard Tamer; and on the South by West Burd Street. TRACT NO. 2: BEGINNING at a point at corner common to lands formerly of Supreme Dairy and lands now or formerly of Marpoe; thence along said lands of Marpoe, North 46 degrees 37 minutes 30 seconds West, 51 feet to a point at lands of Suave; thence along lands of Suave, North 42 degrees 14 minutes 44 seconds East, 54.96 feet to a point; thence continuing along the same, North 41 degrees 4 minutes 51 seconds East, 122.6 feet to a point at Lot No. 13; thence along Lot No. 13, South 41 degrees 10 minutes 21 seconds East, 67.02 feet to a point; thence along lands now or formerly of Supreme Dairy, South 46 degrees 37 minutes 43 seconds West, 171.36 feet to a point at lands of Marpoe, the place of BEGINNING. BEING Lot No. 14, Block "A", of Oakland Park Subdivision. HAVING thereon erected a building know and numbered as 117 West Burd Street, Shippensburg, PA 17257. BEING the same premises which McCune Lumber Company, Inc., by Deed dated December 14, 1984 and recorded on. December 24, 1984 in and for Cumberland County, in Deed Book Volume A 31, Page 1034, granted and conveyed unto Super Fitness Center, Inc. n/k/a Shippensburg Fitness Center, Inc.. Parcel No. 34-34-2417-065 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, vs. SUPER FITNESS CENTER, INC. n/k/a SHIPPENSBURG FITNESS CENTER, INC., Defendant. SUPER FITNESS CENTER, INC. n/k/a 117 West Burd Street SHIPPENSBURG FITNESS CENTER, INC. Shippensburg, PA 17257 AFFIDAVIT PURSUANT TO RULE 3129.1 { Farmers and Merchants Trust Company of Chambersburg, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 117 West Burd Street, Shippensburg, Pennsylvania 17257: 1. Name and Address of Owner(s) or Reputed Owner(s): 2. 3. 4 Name and Address of Defendant(s) in the Judgment: SUPER FITNESS CENTER, INC. n/k/a 117 West Burd Street SHIPPENSBURG FITNESS CENTER, INC. Shippensburg, PA 17257 Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Plaintiff DEPARTMENT OF REVENUE CIVIL DIVISION NO.: 12-3655 Civil Term C-? =m b? ?C- Bureau of Compliance Department 280948 Harrisburg, PA 17128 Name and Address of the last record holder of every mortgage of record: FARMERS AND MERCHANTS TRUST Plaintiff COMPANY OF CHAMBERSBURG ca 5 6. 7. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland Co Courthouse One Courthouse Square Carlisle, PA 17013 Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE Bureau of Corporation Taxes P.O. Box 280427 Harrisburg, PA 17128-0427 DEPARTMENT OF REVENUE PA DEPARTMENT OF LABOR & INDUSTRY Bureau of Business Trust Fund Taxes P.O. Box 280905 Harrisburg, PA 17128-0905 Office of Unemployment Compensation 651 Boas Street, Room 1700 Harrisburg, PA 17121 Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED::] - ) R - 'alBY: Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Pa. I.D. #55650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, vs. SUPER FITNESS CENTER, INC. n/k/a SHIPPENSBURG FITNESS CENTER, INC., NO.: 12-3655 Civil Term Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO zrn PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 c;v r? < c' Super Fitness Center, Inc. n/k/a Shippensburg Fitness Center, Inc. 117 W. Burd Street 'Shippensburg, PA 17257 ` TAKE NOTICE: C) CD Co That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 5, 2012, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 117 W. Burd Street Shippensburg, Pennsylvania 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-3655 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Super Fitness Center, Inc. n/k/a Shippensburg Fitness Center, Inc. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DIETIERICJC 4r. ?7,ONNELLY LLP DATED: I- BY: ScottVA. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION TRACT NO. 1: ALL that tract of land, with the improvements thereon erected, situate on the North side of West Burd Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, having a frontage on said West Burd Street of 110 feet and 04 inches, and having a depth of 200 feet northwardly from West Burd Street along lot formerly of Irvin Bowers, now or formerly of Ida Bowers, and bounded on the West by said Bowers lot; on the North by land formerly of H&R Woodworks, Inc. and Robert Marpoe, now or formerly of Richard Tanner; and on the East by land formerly of H&R Woodworks, Inc., now or formerly of Richard Tanner; and on the South by West Burd Street. TRACT NO. 2: BEGINNING at a point at corner common to lands formerly of Supreme Dairy and lands now or formerly of Marpoe; thence along said lands of Marpoe, North 46 degrees 37 minutes 30 seconds West, 51 feet to a point at lands of Suave; thence along lands of Suave, North 42 degrees 14 minutes 44 seconds East, 54.96 feet to a point; thence continuing along the same, North 41 degrees 4 minutes 51 seconds East, 122.6 feet to a point at Lot No. 13; thence along Lot No. 13, South 41 degrees 10 minutes 21 seconds East, 67.02 feet to a point; thence along lands now or formerly of Supreme Dairy, South 46 degrees 37 minutes 43 seconds West, 171.36 feet to a point at lands of Marpoe, the place of BEGINNING. BEING Lot No. 14, Block "A", of Oakland Park Subdivision. HAVING thereon erected a building know and numbered as 117 West Burd Street, Shippensburg, PA 17257. BEING the same premises which McCune Lumber Company, Inc., by Deed dated December 14, 1984 and recorded on December 24, 1984 in and for Cumberland County, in Deed Book Volume A 31, Page 1034, granted and conveyed unto Super Fitness Center, Inc. n/k/a Shippensburg Fitness Center, Inc.. Parcel No. 34-34-2417-065 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, vs. SUPER FITNESS CENTER, INC, n/k/a SHIPPENSBURG FITNESS CENTER, INC., Defendant. I Hereby certify that the last known address of Defendant(s) is/are: 117 No.: 12-3655 Civil Term ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) C MCC) m .4- FILED ON BEHALF OF: FILED and Merchants Trust Company ofp Chambersburg, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 n? a. A. Dietterick, Esquire Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ? -aW23S r-a r =, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, CIVIL DIVISION VS. SUPER FITNESS CENTER, INC. n/k/a SHIPPENSBURG FITNESS CENTER, INC., Defendant. NO.: 12-3655 Civil Term PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Super Fitness Center, Inc. n/k/a Shippensburg Fitness Center, Inc., in the amount of $283,050.71 which is itemized as follows: Principal $ 262,956.20 Interest through 7/18/2012 $ 14,552.10 Late Charges $ 2,632.41 Attorney's Fees $ 2,500.00 Title Costs $ 410.00 TOTAL $ 283,050.71 plus interest on the principal sum ($262,956.20) from July 19, 2012, at the rate of $23.73 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of them gag,,e premises. JAMES, SMW1-YDW TI114ICKN& CONNELLY By: Scott A. Dietterick, Esquire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evi Sworn to and subscribed before me this day of July, 2012. (46? Notary Public My Commission Expires: 3-f'c)c)lj MKY1 VANIA L SI-AL , NOTARY PUBLIC, DAUPHIN COUNTY IRF.S MARCH 05, 2013 0!ni] attached Dietterick, Esquire C? v? N c r iV Q -'v CD rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 12-3655 Civil Term vs. SUPER FITNESS CENTER, INC. n/k/a SHIPPENSBURG FITNESS CENTER, INC., Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: SUPER FITNESS CENTER, INC. n/k/a SHIPPENSBURG FITNESS CENTER, INC. ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ,10 ,20/Z ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $283,050.71 plus interest on the principal sum ($262,956.20) from July 19, 2012, at the rate of $23.73 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 009 -30.6 Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, vs. SUPER FITNESS CENTER, INC. n/ki'a SHIPPENSBURG FITNESS CENTER, INC., Defendant. IMPORTANT NOTICE NO.: 12-3655 Civil Term TO: Super Fitness Center, Inc. n/k/a Shippensburg Fitness Center, Inc. 117 W. Burd Street Shippensburg, PA 17257 DATE OF NOTICE: July 3, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS.NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, vs. SUPER FITNESS CENTER, INC. n/k/a SHIPPENSBURG FITNESS CENTER, INC., Defendant. CIVIL DIVISION NO.: 12-3655 Civil Term AVISO IMPORTANTE A. Super Fitness Center, Inc. n/k/a Shippensburg Fitness Center, Inc. FECHA DEL AVISO: July 3, 2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENDS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 DATE: July 3, 2012 JAMES SMI IETTERICK & CONNELLY LLP BY: Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff YQ??rtitr ai ??f?ntirrJ,q?te Jody S Smith Chief Deputy Richard W Stewart Solicitor Farmers and Merchants Trust Company of Chambersburg vs. Super Fitness Center, Inc. Case Numb 2012-3655 SHERIFF'S RETURN OF SERVICE 06/12/2012 08:59 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2012 at 2100 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon he within named defendant, to wit: Super Fitness Center, Inc. n/k/a Shippensburg Fitness Center, Inc., b making known unto Tony Giannini, adult in charge for Super Fitness Center, Inc. at 117 W. Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. 17 SHERIFF COST: $48.00 June 14, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF jc CountySuae Shenff. 7eteosoft. Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson i ED _ Sheriff (ii" 1Ht i ROtt,t7rt01A" Jody S Smith 1 oi��dp of�u)n6rrli Chief Deputy s{� ?m3 k?I?. 1 Q � 12 Richard W Stewart §'• CUMBERLAND COUNTY Solicitor OF;CE OF THE SHERIFF p ENNSY l_VANI A Farmers and Merchants Trust Company of Chambersburg Case Number vs. Super Fitness Center, Inc. 2012-3655 SHERIFF'S RETURN OF SERVICE 09/26/2012 01:00 PM-Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 117 W. Burd Street, Shippensburg Borough, Shippensburg, PA 17257, Cumberland County. 09/26/2012 01:00 PM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Stepanie Tornow, Office Assistant, who accepted as"Adult Person in Charge"for Super Fitness Center, Inc. at 117 W. Burd Street, Shippensburg Borough, Shippensburg, PA 17257, Cumberland County. 11/16/2012 As directed by Scott A Dietterick,Attorney for the Plaintiff, Sheriffs Sale Continued to 1/9/2013 01/09/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on January 9, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Jaime Ackerman, on behalf of Farmers and Merchants Trust Company of Chambersburg, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,258.49 SO ANSWERS,�� April 17, 2013 RONIV R ANDERSON, SHERIFF s t. ylr PA to Ir � 4G16•L (c)Ccunty3uite Shen Y,Tcl ctl,Inc COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Farmers & Merchants Trust Company of C hambersburg is the grantee the same having been sold to said grantee on the 9th day of January A.D., 2013,under and by virtue of a writ Execution issued on the 20th day of July, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 3655, at the suit of Farmers & Merchants Trust Company of Chambersbure against Super Fitness Center, Inc. n/k/a Shippensburg Fitness Center Inc. is duly recorded as Instrument Number 201312486. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /X day of P7 Z/tc. _ A.D. aD /,3 Recorder of Deeds d cwbedmdcrnmq{CWW PA Mycwn Exp=ffwFvtMwWgdJ==4 On August 8, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, PA, known and numbered 117 West Burd Street, Shippensburg, PA 17257 fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 8, 2012 By:_ Claudia Brewbaker, Real Estate Coordinator b£ :8 Ez 1OF IM r; CUMBERLAND LAW JOURNAL Writ No. 2012.3655 Civil Term HAVING thereon erected a build- ing know and numbered as 117 FARMERS AND MERCHANTS West Burd Street, Shippensburg, TRUST COMPANY OF PA 17257. CHAMBERSBURG BEING the same premises which Vs. McCune Lumber Company, Inc., SUPER FITNESS CENTER, INC. by Deed dated December 14, 1984 and recorded on December 24, 1984 Arty.: Scott A. Dietterick in and for Cumberland County, in TRACT NO.1: Deed Book Volume A 31,Page 1034, ALL that tract of land,with the im- granted and conveyed unto Super provements thereon erected, situate Fitness Center,Inc.n/k/a Shippens- on the North side of West Burd Street burg Fitness Center,Inc.. in the Borough of Shippensburg, Parcel No. 34-34-2417-065. Cumberland County, Pennsylvania, having a frontage on said West Burd Street of 110 feet and 04 inches,and having a depth of 200 feet north- wardly from West Burd Street along lot formerly of Irvin Bowers, now or formerly of Ida Bowers,and bounded on the West by said Bowers lot;on the North by land formerly of H&R Wood- works,hic. and Robert Marpoe,now or formerly of Richard Tamer; and on the East by land formerly of H&R Woodworks,Inc.,now or formerly of Richard Tamer;and on the South by West Burd Street. TRACT NO.2: BEGINNING at a point at corner common to lands formerly of Su- preme Dairy and lands now or for- merly of Marpoe; thence along said lands of Marpoe,North 46 degrees 37 minutes 30 seconds West,51 feet to a point at lands of Suave;thence along lands of Suave,North 42 degrees 14 minutes 44 seconds East,54.96 feet to a point; thence continuing along the same, North 41 degrees 4 min- utes 51 seconds East, 122.6 feet to a point at Lot No. 13; thence along Lot No. 13, South 41 degrees 10 minutes 21 seconds East,67.02 feet to a point; thence along lands now or formerly of Supreme Dairy,South 46 degrees 37 minutes 43 seconds West, 171.36 feet to a point at lands of Marpoe,the place of BEGINNING. BEING Lot No. 14, Block "A", of Oakland Park Subdivision. 89 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2012 Affant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. Lisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of November, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Pkwy 2020TechttologyPkwy 7 Suite 300 Mechanicsburg, PA 17050. Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss . Holly Blain, being duty sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M°, Volume 14, Page 317. WPUBLICATION COPY This ad ran on the date(s)shown below: 3 10/26/12 11/02/12 . � . " . • " 11109112 SwO. .to d sub cribed befo e m t " 19 of No ember, 2012 A,D. Natary Public i. COMMONWEALTH QF PENNSYLVANIA Notarlcl Spai Sherrie L.Owens,Notary Public Lower Paxton Two.,Dauphin county My Commission Expires Nov.26,2015 MEMBER,7ENRSYLVANIA ASSOCfAI'30Y OF NOTARIES IN r 2012.3655 CMI Term FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Its SUPER FITNESS CENTER,INC. AttY. Scott A Dletterlck TRACP NO.1: ALL that trap of land,with the improvements thereon erected,situate on the Nonh side of West Burd Street in the Borough of Shippc re sburg.Cumbcdand County,PennryMama,having a frontage on said West Burd Street of 110 fat and 04 inches,and having a depth of 200 fat northwardly from West Burd Street along or formerly of Iota Boners,now or formerly of Ida Bowers,and bounded on the West by said Bowers lot-on the North by land formerly of H&R Woodworks,Inc. and Robert Marpoe,now or formerlyof Richard Tamer,and on the East by lacd formerly of H&R Woodworks,Inc.,nmv ' or formerly of Richard Tamer,and on the South by West Burd Street. `I'RACI'NO2: BEGINNING at a point at comer common to lands formerly of Supreme Dairy and lands now or formerly of Marpoe;thence along said lands of Marpoc,North 46 degrees 37 minutes 30 wands West,51 fat to a point at lands of Suave;thence along lands of Suave,North 42 degrees 14 minutes 44 seconds Fast,5496 feet to a. point;thence continuing along the same, North 41 degrees 4 minutes 51 seconds East,122.6 feet to a point at Lot No.13; Thence along Lot No.13,South 41 degrees ` 10 minutes 21 seconds East,67.02 feet to a point;thence along lands now or formerly of Supreme Dairy,South 46 degrees 37 minutes 43 scconds1Ves6171_16 feet to a point at lands of Marpoe,the place of BEGINNING. �\ ! BEING Lot No.14,Blak'W,of Oakland l Park Subdivision. f if HAVING thereon erected a building know 1 and numbered as 117 West Burd Street, Shippensburg,PA 17257. BEING the same pmmiseswhich McCune .. t Lumber Company,Ine.,by Deed dated I` December 14,1984 and recorded on December 24,1991 in and for Cumberland County,in Deed Book Volume A 31,Page i 1034,granted and conveyed unto Super Ctness Center,Inc.wkk Shippensbut Fitness Ccnter,Ina. Parcel No.34-34-2417-W ` tI r