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HomeMy WebLinkAbout04-5129IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LEMOYNE ASSOCIATES, LLC Plaintiff, ?r NO. oq- S-/..9 C/vc,l, / VS. CORNERSTONE AT CIVIL ACTION - LAW COPPER RIDGE, Limited Partnership Defendant. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH 13ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FOREMAN & MAN, P.C. By: Bruc . For m , Esquire Atty. ID #21193 Tracy L. Updike, Esquire Atty. ID #88680 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LEMOYNE ASSOCIATES, LLC Plaintiff, NO. VS. CORNERSTONE AT CIVIL ACTION - LAW COPPER RIDGE, Limited Partnership Defendant. NOTICIA Le ban demandado a Usted en Is torte. Si Usted quiere defenderse de estas demandas expuestas en las paginas siguientes, Usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su personal. Sea avisado que si Usted no se defiende, la corte tomara medidas y puede entrar una Orden contra Usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes para Usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800)990-9108 FO AN & EMAN, P.C. By: Bruce D. Fore an, Esquire Atty. ID #21193 Tracy L. Updike, Esquire Atty. ID #88680 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LEMOYNE ASSOCIATES, LLC Plaintiff, NO. DN- S724 (_/vc 1??E12. VS. CORNERSTONE AT CIVIL ACTION - LAW COPPER RIDGE, Limited Partnership Defendant. COMPLAINT AND NOW, comes the Plaintiff, Lemoyne Associates, LLC, by and through its attorneys, Foreman & Foreman, P.C., and files the instant Complaint, and in support thereof, avers as follows: Plaintiff, Lemoyne Associates, LLC ("Lemoyne Associates"), is a limited liability corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a place of business at 101 Highlands Drive, Suite 306, Lititz, Pennsylvania, 17543. 2. Defendant, Cornerstone at Copper Ridge, Limited Partnership ("Cornerstone"), is a limited partnership organized and existing under the laws of the Commonwealth of Pennsylvania with a place of business at 200 Bailey Drive, Suite 204, Stewartstown, Pennsylvania 17363. On or about July 1, 2004, in consideration of and as security for a loan in the amount of $2,690,000.00 extended to Cornerstone by Lemoyne Associates, Cornerstone executed a note and mortgage in favor of Lemoyne Associates in the amount of $2,690,000.00, with the note payable as follows: a. The first payment in the amount of $1,345,000.00 was to become due the earlier of the following: (1) forty-five (45) days following approval of a land development plan for the property subject to the mortgage or (2) the first business day of January 2005. b. The final payment in the amount of $1,345,000.00 was to become due on the first anniversary of the due date of the first payment. A true and correct copy of this note is attached hereto as Exhibit "A" and made a part hereof. 4. In consideration of the loan, Cornerstone executed a mortgage in favor of Lemoyne Associates on the property located in Lemoyne, Cumberland County, Pennsylvania, which mortgage was recorded of record in the Office of the Recorder of Deeds of Cumberland County on July 15, 2004, in Mortgage Book 1873, Page 3725. A true and correct copy of this mortgage is attached hereto as Exhibit "B" and made a part hereof. The property secured by and subject to the mortgage is described in the legal description contained within the mortgage ("Property"). 6. Cornerstone is the real owner of the Property covered by the mortgage and Cornerstone's address is 200 Bailey Drive, Suite 204, Stewartstown, Pennsylvania 17363. 2 The mortgage is in default because of Cornerstone's failure to make the payment due within forty-five (45) days of the approval of a land development plan for the Property. A land development plan for the Property was approved by Lemoyne Borough on August 5, 2004. A true and correct copy of a letter from the Borough's Solicitor evidencing the August 5, 2004 approval of the plan is attached hereto as Exhibit "C" and made a part hereof. 9. September 19, 2004 was the forty-fifth day following approval of the land development plan. 10. Cornerstone has not made payment in accord with the note and mortgage. 11. By the terms of the note and mortgage, upon default Lemoyne Associates shall send Cornerstone a written notice requesting cure of the default at least five (5) days after the date of the notice. 12. On September 24, 2004, Lemoyne Associates sent a written notice to Cornerstone by certified mail requesting payment of the $1,354,000.00 within five (5) days to cure the default. True and correct copies of this written notice and the certified mail returned receipts are attached hereto as Exhibit "M and made a part hereof. 13. Lemoyne Associates has not cured the default by making payment of the $1,354,000.00 within five (5) days of September 24, 2004. 14. The note and mortgage provide that, upon default and failure to cure within the notice period, all payments shall be due immediately and that Cornerstone shall be responsible for all costs associated with the default including, but not limited to, costs of enforcement, an attorney's commission for collection of five (5%) percent, legal fees, filing costs, service fees, sheriffs costs, and other reasonable costs and fees. 15. The following amount is due on the mortgage: Principle Balance: $ 2,690,000.00 Attorneys' Commission (5%) $ 134,500.00 Total: $ 2,824,500.00 Plus costs of suit, per diem interest at the legal rate from September 20, 2004 to the present, all other sums advanced pursuant to the mortgage and the attorney's commission of 5% thereon. 16. The attorneys' commission set forth above is in conformity with the mortgage documents, and will be collected in the event of a third parry purchase at sheriffs sale. If the mortgage is reinstated prior to the sale, reasonable attorneys' fees and costs will be charged. 17. The notice requirement of §403 of Act 6 of 1974, 41 P.S. §403, is not applicable in the instant case because the mortgage at issue is not a residential mortgage for a value of less than $50,000.00. 18. Judgment has not been entered on the aforementioned mortgage in any jurisdiction. WHEREFORE, Plaintiff Lemoyne Associates respectfully requests judgment in mortgage foreclosure be entered in favor of Plaintiff and against Defendant, in the amount of $2,824,500.00, together with costs of suit, per diem interest at the legal rate from September 20, 2004 to the present, all other sums advanced pursuant to the mortgage and the attorney's commission of 5% thereon, and for foreclosure and sale of the mortgaged property. FOREMAN & FO N, P.C. Date: By: B ce D. Forem a,saquire L Atty. ID #21193 Tracy L. Updike, Esquire Atty. ID #88680 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 Attorneys for Plaintiff 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LEMOYNE ASSOCIATES, LLC Plaintiff, NO. VS. CORNERSTONE AT COPPER RIDGE, Limited Partnership Defendant. CIVIL ACTION - LAW VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. LEMOYNE ASSOCIATES, LLC Date: NOTE DATE: July 1, 2004 PLACE: Harrisburg, Pennsylvania AMOUNT $2,690,000.00 1. BORROWER'S PROMISE TO PAY - In return for the loan, that it has received CORNERSTONE AT COPPER RIDGE, LIMITED PARTNERSHIP (hereinafter "Borrower") promises to pay TWO MILLION SIX HUNDRED NINETY THOUSAND and 00/100 ($2,690,000.00) DOLLARS to the order of the Lender LEMOYNE ASSOCIATES, LLC, a Limited Liability Corporation, of 101 Highlands Drive, Suite 306, Lititz, Pennsylvania, 17543, (hereinafter "Lender") their heirs, successors or assigns, COPPER RIDGE understands that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder". 2. PAYMENTS - Payments shall be made by Borrower to Lender at Lender's address with delivery to be the responsibility of Borrower. Payments will be made as follows: The first payment in the amount of ONE MILLION THREE HUNDRED FORTY FIVE THOUSAND and 00/100 ($1,345,000.00) DOLLARS is due the earlier of, within forty-five (45) days of approval of a land development plan on a property in Lemoyne which is subject of a mortgage (hereinafter "Lemoyne Property") from Borrower to Lender executed contemporaneously herewith or on the first business day of January, 2005. The second payment in the amount of ONE MILLION THREE HUNDRED FORTY FIVE THOUSAND and 00/100 ($1,345,000.00) DOLLARS, is to be made on the first anniversary of the due date of the first payment hereunder. TIME IS OF THE ESSENCE with regard to all payments and any defaults in delivery or time of payment shall be a default of this Note and the Mortgage issued contemporaneously herewith (hereinafter "Mortgage"). In the event of any default, all payments required hereunder shall be due immediately and, in addition thereto, Borrower shall be responsible to Lender for all costs arising or associated with the default including but not limited to costs of enforcement, collection, or obtaining retransfer of the Lemoyne Property, all legal fees, filing costs, service fees, advertisement fees, transfer taxes, document preparation costs, sheriff's costs, or other reasonable costs or fees. Borrower shall escrow with Bruce D. Foreman, Esquire, legal counsel for Lender, a deed from Borrower to Lender to transfer the said Lemoyne Property which deed may be recorded immediately upon default, which recording shall not waived or elect any remedies herein. Borrowers further agree not to encumber or allow any lien or encumbrance to attach to the Lemoyne Property except a first mortgage lien purchase money mortgage to Waypoint Bank in an amount not to exceed NINE HUNDRED SIXTY THOUSAND AND 00/100 ($960,000.00) DOLALRS. Borrowers agree to timely pay the said mortgage to Waypoint Bank or its assign, and any default thereunder shall also be a default under this Note and the Mortgage allowing Lender all rights and remedies set forth herein on default of this Note or the said Mortgage. 3. BORROWER DEFAULT- (A) Default - If it does not pay the full amount of each monthly payment on the date it is due, Borrower will be in default. Any violation of any term of this agreement, including allowing encumbrances to attach to the Lemoyne Property is also a default. (B) Notice of Default - If Borrower is in default, the Note Holder shall send Borrower a written notice telling Borrower that if it does not cure by a certain date, the Note Holder may require Borrower to pay immediately the full amount of the Mortgage. That date must be at least five (5) days after the date on which the notice is delivered or mailed to Borrower. (C) No Waiver By Note Holder - Even if, at a time when it is in default, the Note Holder does not require Borrower to pay immediately in full as described above, the Note Holder will still have the right to do so if Borrower is in default at a later time. (D) Payment of Note Holder's Costs and Expenses - If the Note Holder has required Borrower to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 4. GIVING OF NOTICES - Unless applicable law requires a different method, any notice that must be given under this Note will be given by delivering it or by mailing it by certified mail, return receipt requested. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in herein or at a different address if it is given a notice of that different address. 5. OBLIGATIONS OF PERSONS UNDER THIS NOTE - If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises make in this Note, including the promise to pay the full amount owed. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all the promises made in this Note. The Note Holder may enforce its rights under this Note against: each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 6. WAIVERS - Any person or entity which who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. NOTWITHSTANDING a sale or transfer, Borrower will continue to be obligated under the Note and this Security Instrument unless Lender has released Borrower in writing. INTENDING TO BE LEGALLY BOUND HEREBY WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED ATTEST: CORNERSTONE AT COPPER RIDGE, LIMITED PARTNERSHIP by Its General Partner, Cornerstone Development Group, Inc. /? !? ?o J??/ BY: r Samue uffe? P eside }lamNwt Agfj,{ 7 GUARANTY - Cornerstone Development Group, Inc., in order to induce Lemoyne Associates, LLC to enter into the financing and agreement evidenced by this Note guarantees the full, faithful and timely performance of all obligations, terms and conditions of this Note by Borrower and obligates itself for the same and hereby subjects itself to all requirements, payments, terms and remedies therein contained obligating Borrower. ATTEST: CORNERSTONE DEVELOPMENT GROUP, INC. y. BY: AGILL'i-I 10!11(2004 10:55 1800816329S 7.0(11/2006 20:31 7175911764 i SEARCH ONF PAGE 02(08 PAGE 19 :_...... ,., r'GUNTY - P'A 04 JUL 15 PM 2 3S 11¢t?R AGE TATS INDF.NTM made the day of July, in the year Two Thousand and Four (2404), between CORNERSTONE AT COPPER RME, LIMnIM PARTNERSW of 3tewartstown, York County,, Pennsylvania 17363 (hrreint fter called the ObligovMartgagor). of the one part, and IAMOYNE ASSOCIATES, LW, a Limited Liability Corporation, of 101 Highlands Drive, Suite 306, Lititz, Pennsylvania, 17543, (hereinafter called the Obligee/mmpliee), of the other Pat. WHEREAS, the said Mortgagor in and by its certain Obligation or Writing obligatory rmtder hand and seat duly executed, hearing even date herewith, stands Armly bound unto the said Mortgagee in the suns of TWO MILLION SIX HUNDRED NINFTY TROUSAND and OW160 (5.4690,040,00) DOLLARS, lawful money, tinder the terms of a Bond Note, dated the same date as this Mortgage, until paid in W. Obligor may (rake payments at any time without penally. And Obligor shall produce to the said Obligee, its Executors, Administrators or Assigns on or before the first day of July of each sad every year, receipts for such taxes and wager end sewer rents of the current year. assessed upon the premiss herein described, and also fl'om time to time and at ail times until payment of the said principal sum and keep any building improvements located thereon insured against loss or damage by fns, with extended coverage, for the benefit of the Mortgagee as its interest may appear, is the minimum sum of TWO MILLION SIX HUNDRED NINETY THOUSAND stud 00/100 ($2090iD00A0) DOLLARS. until payment of the principal sum, then the above Obligation to be void, or else to be and remain in full force and virtue. PROVIDED, HOWEVER, and it is thereby, expressly agreed, that if at any time default shall be roads in the payment of principal as aforesaid, for the space of five (5) days after any payment thereof shall fall doe, or in such production to the Mortgagee, its Executors, Administrators or Assigns, on or before the first day of July of each and every year, of such receiptt for such taxes and water rents and sewer rents of the current year upon the mortgaged premises, or in the maintenance of such insurance, or say obligation, duty or condition contained in a Note between the parties even date herewith, theft, and in such me the whole principal debt sforesaid shall, at the option of the said Mortgagee, or its Executors, Administrators of Assigns, become due and payable immediately; and payment of sold principal debt, may be cnfoteed and recovered at once, anything therein contained to the convary notwithstanding. AND PROVIDED FVRTHM however„ and it is thereby expressly agreed, that if at any time hereafter, by reason of any default in payment, or in production of said receipts for such taxes and water and sewer tents within tits time specified our the maintottance of such insurance, a writ of execution is properly issued upon the judgment obtained upon said Obligation, or by virtue of said Warrant of Attorney, or a bill or complaint or any other legal proceeding is filed, based upon this Indenture of Mortgage, an attorney's commission for cotlection, viz.: five (5%) percent, shall be ,payable, and shall be recovered in addition to all principal and intatcst then due, besides casts of suit, and all expenses of effecting such insuuance, and tbereby waiving the right of inquisition bK 1873PG3725 SEARCH ONF PAGE 03/08 10/11/2004 10:55 1.8008163298 PAGE 20 'W LK1'fGn4 217: d1 /175911704 On any teal estate that may be levied upon under a judgma n obtained by virtue ther*Of and voluntarily condemning the same, and authorizing the entry of such condemnation upon raid writ of execution and agreeing that the said seal astabo may be sold under the sane; and also waiving and relinquishing all benefit of any and every law now or hareafEdr in force to exempt from, levy and sale on execution the said mortgaged premises or any other pmparty whatsoever, or any party of the proceeds arising from arty sale thereof; as in soft by the said recited Obligatioe and the Condition thereof, relation being theretmto had, may more Mly anti at large appear. NOW THIS INDENTURE WITNE,9SM, that the said Mortgagor, as well for and in consideration of the aforesaid debt or principal amt of TWO MILLION SIX HUNDRED NINETY THOUSAND red 08/109 ($2,690,980.06) DOLLARS, and for the better securing of the same, with interest, unto the said Mortgagee, or its Executors, Administrators and Assigns, in discharge of the said recited Obligation, as for and in consideration of the farther sutra of One Dollar unto it in hand well and truly paid by the said Mortgagee at and before the sealing and delivery hareof, receipt whereof is hereby acknowledged, has gtatttad, bargained, sold, aliened, enfeoffed, released and confirmed, and by these presents does grant, bargain, sell, alien, eafeoff, release and confirm, unto the said Mortgagee, and its Heins and Assigns, all that property, as more particularly described in Exhibit "A" attached hereto. TOGETHER. with all and sing" the buildings and hnprove ments, Ways, Waters, Water. Courses, Rights, Liberties, Privileges, Improvements, Hen.ditsmemts and Appurtenances whatsoever thereunto belomgittg, or in any wise appettakdrig, and the Ravatstons and Remainders, Rents, Issues and Profits thereof. TO HAVE AND TO HOLD the said lot or piece of ground with the buildings and improvements thereon erected, Hereditstnatts and Promises hereby granted, or mentioned and intended so to be, with the Appurtenances, unto the aid Mortgagee, or its Heirs and Assigns, to and for the only proper use and behoof of the said Mortgagee, or its Heirs and Assigns formi. UNDER AND SUWECT, nevertheless, to certain conditions and restrictions of record, as aforesaid. And the said Mortgagor for itself, its Heirs, Executors and Adminisuums, does hereby covenant, promise end agree to and with the said Mortgagee, or its Executors, Administrators and Assigns, that if the said Mortgagor, its Heim, Executors or Administrators, shalt neglect or refuse to keep up the aforesaid insurance, it shell be lawful for the said Mortgagee, or its Executors, Administrators or Assigns, to insure *a said building in a nun sufficient to secure payment of said principal debt in case of fur, and all coats sad expenses of effecting such insurance shall be tasted as part of the principal debt in a suit upon this Mortgage. PROVIDED ALWAYS, neverthaless, that if the said Mortgagor, its Hairs, Exmuton, Administrators or Assigns, do and shall well and Italy pay, of cause to be paid, unto the said Mortgagee, or its Executors, Administrators or Assigns, the aforesaid debt our principal sum of TWO MILLION SIX HUND"D PTINMrY THOUSAND cad 00/100 (906ir0,000,00) DOLLARS on the day and time herein before mentiotled and appointed for payment of the same, together vAdi interest as aforesaid, and shall produce to the said Mortgagee, its EXacators, W i 873PG3 726 PAGE 04/08 SEARCH ONF 10/11/2004 10:55 18008163298 PAGE 21 lhliJ./200b 20:31 7173911784 ._. .,, Adminlsuators or AssiM on or before the first day of July of each and every yaer, receipts for such taxes and water and "war rents of the current year assessed upon the mvrtgstged promises, without any feud or lamt delay, and without w* deduction, deft cation, or abosoment to be made of snylhing, herein mentioned to be paid or dotal, and shall keep rho building herein ma*oned insured a moresaid, than, and f oon Vw=f * as well this present INDENTURE, and the Estate hereby grated, as the said rocited Obligation dbalt cease, determine and bomme void, anything herein before contained to the contrary 6wooil in anywise notwftbs%nding. AND PROVWED, ALSO, that it shall and may be lawful for the said Mortgagee, its Executors, Administrators or Assigns, when and as soon as the principal debt or ram hereby secured shall become due and payable as afemald, or in case dobult altall be m Me for the apace of five (S) days in the payment of principal and interwar on the said principal sum6 atler.sny payment thereof shall fall due, or in can there shall be a defauft in the production to the said Mortgagee, its Executors, Administrators or Assigns, on or bt&xe the first day of July of each and every yea, of such receipts for such takes and water texts of the currant year assessed upon the mortgaged premises, or in the maintenance of the insurance as aforesaid, to file fatthwith a Complaint or complaints or any other legal pmeeaft based upon this Indenture of Mortgage, and to proceed thereon to judgment and execution for the recovery of the wbolo of said principal debt, viz.,, TWO MILLION SIX HUM MM NINETV THOUSAND turd 8WQ0 (S2,d99,ii0 M DOLLARS, and al l interest due thereon, togedw with an ettamey"s com mission for collection, viz;., five ($%) percent, besides costs of suit, and expeoaes of offeeting such irioure ce, without further stay, any law, u9age or custom to the ow1rary taotwithstandiug. IN WITNESS VMXUOF, the said Mortgagor to these presents has hetetmto set its hand and seal. Dated the day and year first above written. ATTESTt CORNERSTONE AT COPP>FyR RIDGE, LIMITED PA RTNERSIW by Ira General Partner, Cornoratone Development Croup, o'?' hrc. (A- A61WJ- BY: d r nJaG. ?{,?` 091873PG3727 1. 10/11/2004 10:55 7.8008163298 L.1111 4bun Gn: it ;1. b'311784 SEARCH ONF COMMfONWE.A,LTITI OF PENNSYLVANLI t St COUNTY OF PAGE 05/08 PAGE 22 On this, the _ day of July, 2004, ore a'lortuy Public, priso>mily appeared lOh ?awledges himself to be_= :f CoMcra0one Deveiopmem Group, Inc., the Gavral Partnor of Cornerstone at C Tin > Limited Pares erehip, a Penasylvaaia limited partnership, an4 that he as such d» authorized to do so, executed the foregoing instn'iImont for the purposes therein contained by sigtdag the name of said corporation by himself MAZ9 t IN WUWESS WHERTOF, I hemumta at my hand and official seal. I certify that the exact address of the Mortgagee herehi is: 101 Hiliklamda Dr l vex Smite 306 Lititz, PA 17$43 4*or 4artgagee 13K 1873PG3728 Nd vy PobM My Coomiafotr E><plrsa: .x ?r>-a.b V'NWtt+'O 9swrl"n" ira+av, hwMw+s Mlaaapn d AaM4n 10/11!2004 10:55 18008163298 ii lace 20:31 7175911784 SEARCH ONF EXHIBIT "A" TRACT I RACT A. pAGE 06/08 PACE 23 ALL THAT CERTAIN but or parcel of land situate, lying and being in Lemoyne Borough, Cumberland County, PennayN Nara, located on the Wert side of to Street and the north side of Walnut Street (unopened), more PmRioalatiy bounded and described, as follows: BEGTNN1Nex at a mbar (found) at the intersection of the western legal rigbt-of-wW tine of 12m Street and the am&= tight-of-grey line of bdiata Avenue (vacated) as shown on the afonementiioned plan, thence along said souUm right aT way line of Indiana Avenue (vacated) by a curve to tho left said curve having a radius of 30.00 fed an we leagsb of 33.43 fad and a chord of North 83 dagMes 26 mlA Aw 59 seconds Wed 31.73 fed, thence centisNing along the same South 64 degrees 37 mirtnt" 22 seconds'Wast 345.90 fact to land N!F of Ptamsylw wo. American Water, thence along said lands North 42 degrees 16 minutes 37 seconds West 26.13 fat to the aantafte of Indiana Avam (venues), thence continuing along lands NIF of PemWlvania American Water and the ceatchne of vacated hxiiatta Avow SoWh 64 dagteea 37 tninute8 22 %ccon der West 86.45 feat to the oantarhae of High Street (50' R/W) at it's eastern toanhtus, thence along the eastaa terminus of High Stied and the owe= aide of a 15 foot allay (unopened.) North 41 depm 07 minutes 39 woonda west 372.66 feet to Lot 2 of the previous mentioned plan, thence along Lot 2 North 48 degmea 52 minutes 21 sa ntds East 485.80 fed the western legal tight-of-way line of 12 Sheet, thence along the legal right-of-way line of 12 Street the following four (4) wurses and distances, (1) South 40 degrees 35 minutes 31 sxando East 169.71 feet to a rebar (found), (2) by a curve to the right said curve !raving a radius of 525.00 feet an arc length of 109.96 feet and a dxwd of South 34 degrees 35 minutes 31 seconds East 109.75 foot to a rebar (kund) (3) South 28 degrees 35 rninutce 31 seconds Fast 145.07 iced (4) by a curve to the left said curve having a radius of 300.00 feet on an length of 120.06 feet and a chord of South 40 degrees 03 nninotes I l seconds Plast 119.13 fat to a tabor (fotmd) at the southern right-of-way fine of Indiana Avenue (vacated); being the place of H rl .OWING. X CT 1B. ALL THAT CERTAIN tract or parcel of land situate, lying and being in Lemoyne Somue, Cumberland County, Pennsylvania, mote particularly bounded and described as follows: BEGINNING at an iron pin on the northerly side of Walnut Street at the comer of Lot No. 8, Master's Plan; thence along Lot No. 8, North 39 degrees and 27 minutes West 665.14 fw to an . iron pipe in the southerly side of Wiens Avenue; thence along the side of Indiana Avenue North 68 degrees and 54 minutes Last 87 feet to an iron pipe at the corner of Lot No. 10, Master's Plan, thence along the line of Lot No. 10, Sovtt 40 degree and 35 miscues East 664.73 feet to an iron O!! 873PG3729 PAGE 07/08 SEARCH ONF 10111!2004 10:55 18008163298 PAGE 24 ?u?11/aehb 20;31 7175911784 pin in the northerly side of Walnut Street; then= along the side of Walnut Street South 65 degrees and 45 minutes West 100 feet to an iron pipe at Lot No. 8, the place of BEGMrNG, DACT C ALL THAT CERTAIN tract or parcel of land situate, lying and being in Lamoyne Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the northerly side of Walnut Street at the comer of Lot No. 4, Master's Plan; thence along the side of Lot No. 9, North 40 degrees and 35 minutes West 664.73 feet to an iron pipe on the southa)y side of India= Aveme; thence along the aide of Indiana Avenue North 68 dolgees and 54 min um East 87 feat to an iron pipe at the carne of Lot No. 11, Master's Plan; thence along the aide of Lot No. 11, South 41 dcVm and 41 minutes East 664.32 feet to an iron pipe an the nort4a3y side of Walnut Street; thence sloug the side of Waiaut Street, South 65 degrees and 45 muuttes West 100 fact to an iron pipe at the corner of Lot No. 9, the place ofBEO NNING. : CU. ALL THAT CERTAIN tract or parcel of land aiftwa, lying had being in Lenw)me Aotough, Cumberland County, Peunsylvame, more p"cularly bounded and described as follows: BEG94NMG at an iron pipe in the nortbaly side of Walnut Stoat at the comer of Lot No. 10, Master's Flan; thence along the side of Lot No. 10, North 41 degrees and 41 mizzato Weer 664.32 feet to an iron pipe in the soullw4y side of Indiana Avenue; thence along the aide of Indiana Avenue North 68 degraw and 54 mimnee East 97 feet to an iron pipe in the carter of Lot No. 12, Master's flan; thence along the side of Lot No. 12, South 42 deVm and 14 minutes East 663.91 feet to an iron pipe in the nottlurly side of Walnut Street; tTtence along the tide of Walnut Street South 65 degrees and 45 minutes West 100 feet to an iron pipe at the corder of Lot No. 10, the place of BEG)NNING. TRACTS B, C AND D ALSO BEING the same promises designated as Lot Nos. 4, 5 and 6 as shown on the "PrelirninsWFinal Subdivision Plan for Gary WeanW, as prepared by Herbert, Rowland and Grubie, Inn, dated 03.01-04 cad last revised 04-06.04, as recorded in the Office of the !recorder of Deeds in sad ft Cumberland County, Pennsylvania, in Plan Book 11.1 Page qS, as more particularly described as follows: BEGINNING at the intersection of the dividing line of Lot 3A and Lot 4 and the northern right- of-line of Walnut Stred (unopened) ss shown on the afor+etttentioned plan said interowdon bring South 61 degrees 33 minutes 36 seconds West 91.00 feet from a rebar (found) at the intersection of the western legal right-of-way line of l2s Street and the northern right-of-way line of Walnut Street (unopened), thence along said notthan right-of-way line of Walnut Stmt (unopened) South 61 degrees 33 minutes 36 seconds West 300.00 feat to Lot 7, thence along Lot 7 North 43 degrees 27 minutes 45 seconds West 669.69 feet to the southern right-of-way tine of Indiane Avenue (vacated), thence along said southern right-of-way line of vacated Indiana Avenue North 64 degrees 37 minutes 22 seconds Fast 258.90 feet, thence along the same by a curve to the right DK 1873PG373-02 10/11/2004 10:55 18008163298 SEARCH ONF PAGE 08/08 Lni1114uetr t7;;31 7175911704 PAGE 25 said turn having a radius of 34.00 feet an arc length of 2.14 feet and a chord of North 66 degrees 39 rniinates 45 seconds Past 214 feet to Lot 3A, thence along Lot 3A South 47 degrees 42 minutes 17 seconds Fast 667,64 feet to the northem ight-of-way line of Walnut Surat (unopened); being the place of BEGINNING. TRACT 2 ALL 'T'HA'I' CERTAIN lot of ground situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, god more partioularly daseribed as follows: BEGAVNIMG at a iron pin on the nottlxrly side of Want Street at the corner of I,at No. 7 Master's Platt; THENCE along the line of Lot No. 7, North 38 dep" and 7 wiautes West 66335 feet to an iron pin on the southerly side of b asm Avon, 7`.RMWX along the add side of Indiana Avat,x North 699 degrees and 54 minutes least, 97 feet to era iron pia at the earner of Lot No. 9 Master's Man; TRRNCZ along the line of Lot No. 9, &Mh 39 degrees and 27 minutes East 665.14 feet to an iron pin the northerly side of Walnut Street; rile 'lMcZ &W j the Raid side of Walnut Street South 63 dgpm and 45 ntinuta West tap feet to as ima pan at the tamer of Lot No. 7 Master's Plan, the flat mentioned point and pkoe ofAR('. rG. TRACT3 ALL THAT T IN tract of lard situaLd and Ioc4led in the Bow,* of Lemoyne Ctunberland Coupty? er>nsylvsu* mote par ioWady bounded and dea cnbad es fbldowr right-of-way) t ntexseeeitm 't 4 dofficeted rigbt~of-way line of Twej% Street (a 3000. st its 60unopened era' northern right-of-WAY lira of Wahmt gqM ?? (a *ow point of begirming by said northen right-of-Way line of walnut Street ) right-of tad south sixty-OW West (S 6) °33'36" W), a distarite of d "^ 6iitty-three miautea, ta (9. seconds point; thence by Tract No. 3 On a plan Of 8 '1" oof5 of Land" f MA -008n k a E4tatc"am a?p by Whitlock and Hatlmen dated Match 12, 1986 North hay-six •'?s, and t h minutes, four seconds West (M 46°27'04" W), a distance of sdegrees, tuxlraith feet (642,44) to a point; thence by the western dedi h°'dow forty-two TwWRb Street by a curve to the left, having a radhu of three Munched feet 300. lira of distance of three and sixty five hundredth feet A/L 3.65') thence 30e ), South = 001 an to a 5ftyidshr c degrees, five mkutea, thirty-one sECondaEsst S 533VS,,31- Z), by distance the same South tty-fl"e and thirty-mine hundredth feast (633.39') to a paint; thence by he SM of six curve to the right, baying a radius of three huhtr K b a by a distance afthirty-fcrur and ono hundxedry feet(A/Lee t 34.01') 11) t to *point, feet (k - 325.001) , an sic thep)acx of Hegimring, fS to .•____ - ...._ r<<',_.,'raur rat i??eits 10/08/2004 10:32 FAX JDS&W R002/003 .1EIyRr>tDUFFIE RICHARD W. STEWART C. ROY WEIDNER. IR. EDMUND G. MYERS DAVID W. DELUCE JEFFERSON 1. SHIPMAN RALPH H. WRf6HT, JR. MARK C. DVFFIE JOHN R. NWOSKY MICHAEL 1. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY Gary Wesner 3065 Brookfield Drive York, PA 17404 Cornerstone Development Group, Inc. Go Mark Cummins One Market Way East York, PA 17401 August 11, 2004 Re: Preliminary/Final Land Development Plan for Copper Ridge Dear Gentlemen: OF COUNSEL -HORACE A. JOHNSON F LEG SHIPMAN - E J GRO5SM1(AN' ue i la NY only 1 WRITRR'S ESP. No, 136 E' NI II. miriNJAA W.ccml Please be advised that at its last regular public meeting on Thursday, August 5, 2004, the Lemoyne Borough Council approved the preliminary/final land development plan for Copper Ridge, as filed November 7, 2003, and revised August 5, 2004, subject to, the following conditions: As a condition of approval, and prior to recording the preliminary/final land development plan for Copper Ridge, the owner and equitable owner/developer shall: 1. Within sixty (80) days, submit to the borough for review and comment the Condominium Declaration for Copper Ridge, together with the plats and plans for the condominium development; 2. Include in the Condominium Declaration reference to §705(f) of the Municipalities Planning Code, 53 P.S. §10705(f), which will incorporate by reference the provisions set forth therein, acknowledging the authority of the borough to enter upon the property to maintain common areas at the expense of the condominium unit owners, if the condominium association fails to properly maintain the common areas; 3. Take the necessary steps to file a petition pursuant to §1724 of the Borough Code, 53 P.S. §46724, and have the unopened section of Walnut Street removed from the plan of streets; 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSi2V'ANIA 1704.3-0109 WWW.IDSW.COM 717.761.4540 FAX:717,761.3015 MAIL@IDSW.COM L A W O F F I C E S JQ?SON DUFFIE JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. 10/08/2004 10:32 FAX JDS&W Z0031003 Gary Wesner August 11, 2004 Page 2 4. Amended the Preliminary/Final Land Development Plan to reflect that "Cornerstone Development Group" is incorporated as a Pennsylvania Business Corporation (change the Identification for the equitable owner/developer signature block on sheet 1; amend the "equitable owner's certification' on sheet 1 to reflect that certification is being made on behalf of the corporation; and change the title block on all sheets to identify Cornerstone Development Group as a corporation); 5. - Comply with all other recommended conditions of approval made by the planning commission. Please contact me directly if you have any questions or concerns regarding the foregoing conditions of approval for the above-referenced plan. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Michael Cassidy :233700 1605.455 cc: Howard Dougherty, Lemoyne Borough Manager Ron Frank, Lemoyne Borough Code Enforcement Officer Ronald M. Secary, P.E., HRG, 369 E. Park Drive, Hbg., PA 17111 LAW OFFICES FOREMAN & FOREMAN, P.C. BRUCE D. FORENLAN JEFF FOREMAN TRACY L. UPDIKE 4409 NORTH FRONT STREET H4RRISBURG, PA 17110-1709 Via Certified Mail TELEPHONE (717) 236-9391 FAX (717) 236-6602 ief@fbreman-foreman.com bruce@foreman-foreman.com tracv@foreman"foreman.com September 24, 2004 Albert Blakey, Esquire Blakey, Yost, Bupp & Rausch, LLP York, PA 17401 Samuel Juffe, President Cornerstone at Copper Ridge, Limited Partnership 1 Marketway East York, PA 17401 Cornerstone and Copper Ridge Limited Partnership 200 Baily Drive, Suite 204 Stuartstown, PA 17363 In Re: Cornerstone at Copper Ridge, Limited Partnership to Lemoyne Associate, LLC Gentlemen: As you are aware on July 1, 2004, Cornerstone at Copper Ridge Partnership executed a Mortgage on property in Lemoyne, Pennsylvania to Lemoyne Associates, LLC encumbering the same for Two Million Six Hundred Ninety Thousand ($2,690,000) Dollars and, at the same time executed a Note in the same amount. The Mortgage required payment according to the Note. The Note requires payment in the amount of One Million Three Hundred Forty Five Thousand ($1,345,000) Dollars within forty-five days of approval of a land development plan on the property in Lemoyne. The forty-five (45) day period has expired. The Mortgage requires payment as set forth in the Note. The Note indicates that time is of the essence with regard to payment. Default on time of payment is a default both under the Note and the Mortgage. In the event of default, all payments required shall be immediately due and the borrower shall become responsible for all costs arising or associated with the default, including but not limited to costs of enforcement, collection, or obtaining retransfer the of Lemoyne Property, all legal fees, filing costs, service fees, advertisements fees, transfer taxes, document preparation costs, sheriffs costs, or other reasonable costs or fees. You should also be aware that the Mortgage allows, in addition to. any other requirements, an attorneys commission for collection of five percent (5%) in addition to costs of suit and expenses This is your notice to come within five (5) days by delivery of One Million Three Hundred Forty Five Thousand ($1,254,000.00) Dollars. If we do not receive the payment settlement within the five(5) day period, it is our intent that the entire payment be accelerated and the amount of Two Million Six Hundred Ninety Thousand ($2,690,000) Dollars be immediately due and payable. Verutrul yours, Bruce'D. Fo e an BDF.wIs Cc: Gary Wesner George Zimmerman ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. A. SI nature j p ur ? 0 Agent X o ¦ Print your name and address on the reverse YJ(/1W/- ' 0 Addressee so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, B. Received by (Printted Nsme) V ?41f $S _ T _ ? C. Date of ppssllivery 9 ? ??- or on the front if space permits. h lw RL , 1. Article Addressed to: O/Mto Sage drx? O??e?J?_? a4 Copper ?ud? f l Ilvlrt.C'? Oa 4 +t nos k f/0 I marke-"L. &Q[ , rfi /'7 y©t 2. Article Number (IYWsfer from service label) PS Form 3811, August 2001 ¦ Complete dam 1, 2, and 3. Also complete item 4 1 Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or oq4NOWt if space permits. I Artiiysy?, ys to: 149 fay-4g41'S'?tt00 lfJP e761Axf .? /Jf- Y S Etta frn u?, ?i4 173 3 " /- °'1 2. Article Number (7ransfar from service Aabe) , PS Form 3811, August 2001 D. Is delivery address diRerera from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Se "Type Certified Mall ? Mail 0 Registered Receipt for Merchandise O lnsursQ Mall c ? C.G.D. 4. Restricted. Delivery? M)the Fee) 13 Yes 7002 2030 0001 3400 1210 Domestic Rehm Receipt 102595-02-M-1540 0 Agent • dresses Received by/,(Ph/?/tgd Name) C. Date of Delivery ?Rit(E i. ?I ur 9'17,0 41 0. Is delivery address different from Rem 1? 0 Yes If YES, enter delivery address below: 0 No 3. SSCertlfiType `{Bed Mail ? FPrpress Mail 0 Registered 4ff Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (EMra Fee) 0 Yes 7002 2030 0001 3400 1203 Domestic Retum Reoeipt 102595-02-M-1540 Lrj 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LEMOYNE ASSOCIATES, LLC No. 04-5129 Civil Term Plaintiff, vs. CORNERSTONE AT COPPER RIDGE, Limited Partnership Defendant ANSWER TO COMPLAINT AND NOW, comes the Defendant Cornerstone at Copper Ridge, Limited Partnership to answer the Complaint of Plaintiff Lemoyne Associates, LLC as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied as averred to the contrary. The land development plan has not been approved to date although approval is imminent. 8. Denied. The averments of ¶8 are denied as averred to the contrary that the land development plan for the property was conditionally approved by Lemoyne Borough on August 5, 2004. One condition of the Planning Commission referenced in ¶5 of the letter attached to Complaint as Exhibit C required approval of the Department of Environmental Protection. Defendant has just been notified by telephone on October 29, 2004 that this approval has been obtained, although written confirmation of that fact has not been received. It is further averred that the plan has not been signed by Borough Supervisors. It is further averred that the triggering date for the 45 day time to settle is when the conditions to the conditional approval have been met and the plan has been signed, which has not yet occurred. It is further averred that the conditional nature of approval as stated above was confirmed by letter from Borough Solicitor dated October 11, 2004, attached hereto as Exhibit 1 and incorporated herein by reference. 9. Denied. Averred to the contrary, September 19, 2004 was the 45th day following conditional approval but the plan has not yet been approved to date. 10. Admitted. It is further averred that payment is not due. 11. Admitted. 12. Admitted. 13. Denied. Averred to the contrary that Plaintiffs meant to say that Defendant has not cured the default. It is further averred that there is no default for reasons set forth in answer to ¶8 above. 14. Admitted. 15. Denied. Averred to the contrary that no amount is due on the mortgage. It is further averred that if the mortgage was in default, Plaintiff would be entitled to reasonable attorney's fees and not the unreasonable fees claimed. 16. Defendant does not know what the practice of the Sheriff's Office in Cumberland County may be with respect to attorney's fees and therefore denies that five (5%) percent would be collected in the event of a third party purchase at a Sheriff's Sale. Defendant admits that if the mortgage were in default and would be reinstated prior to sale that Plaintiff would be entitled to reasonable attorney's fees and costs. 17. Admitted. 18. Admitted. Respectfully submitted, BLAKEY, YOST, BUPP & RAUSCH, LLP By: Albert G. Aefendant Counsel fo 17 East Market Street York, PA 17401 (717) 845-3674 Supreme Ct. I.D. #07486 VERIFICATION I hereby verify that the information set forth in the foregoing document is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: ) ?- I L' Z1 By: Sam Juffe President oft General Partnership of Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day causing a copy of the foregoing document to be served on the following person in the manner indicated: By First Class United States Mail on: Bruce D. Foreman, Esquire Tracy L. Updike, Esquire FOREMAN & FOREMAN, P.C. 4409 North Front Street Harrisburg, PA 17110-1709 BLAKEY, YOST, BUPP & RAUSCH, LLP By: Albert G. BI , Esquire Counsel for Defendant 17 East Market Street York, Pennsylvania 17401 (717) 845-3674 Supreme Ct. I.D. #07486 Dated: l/ l tr o ` ? -?.> ?;, c . ?? ?? -r1 _ ??--' _.,._ -,, i ? i ... ` ? ?-, ?; " --? ? ? - ??... ?.. ?. - ;=. i `...'{ ... } (...?1 ,. r.;.? ._.? ?a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LEMOYNE ASSOCIATES, LLC Plaintiff, No. 04-5129 Civil Term VS. CORNERSTONE AT COPPER RIDGE, Limited Partnership Defendant PRAECIPE TO ATTACH EXMBIT TO THE PROTHONOTARY: Please file the attached document as "Exhibit 1" to the Answer filed by the Defendant in the above case on November 16, 2004. BLAKEY, YOST, BUPP & RAUSCH, LLP By Albert G. Blokey, Esquire Supreme Ct. I.D. No. 074 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Attorneys for Defendant jF,RRY R. DUFFLE OF COUNSEL RICHARD W. STEWAR'P C. ROY WEIDNER. JR. I'. I.:1.l ?ll'fcLl`1 EmmUND G. W'ERS DAIS M W. DELDCE L :A W G F F 1 C' E S ,idLn!'I('d i:N 1111 R H . RALPH . W 'RIGHT RALPH H. ?i'RlC;H1'. jR SON NIARK C. DUFFIE JOHN R. NINOSK)' M 1C{iAEI. 1 J. . CAS CASSIDY F FI E MELISSA PEEL GREEVY Witinat's Evr. No- 1:18 RUGER'L M. WALKER E-M.Ari: in.jo +;jfk%v.rnm WADE D. MANLEY October 11, 2004 Mark Cummins Cornerstone Development Group, Inc. One Market Way East York, PA 17401 Re: Preliminary / Final Land Development Plan for Copper Ridge Dear Mr. Cummins: At your request, we are providing this clarification to our letter of August 11, 2004 in which we conveyed to you the fact that the Lemoyne Borough Council conditionally approved the preliminary/final land development plan for Copper Ridge at its regular public meeting on Thursday, August 5, 2004. In the aforementioned letter, we set forth various conditions which are required to be met prior to Lemoyne Borough signing the preliminary/final land development plan, which said conditions include the requirement that the equitable owner/developer comply with all other recommended conditions of approval made by the planning commission. For purposes of clarification, please note that, implicit in this requirement to comply with all other recommended conditions of approval made by the planning commission is the requirement that the equitable owner/developer obtain all necessary governmental approvals and permits required to proceed with land development. These governmental approvals and permits include, but are not limited to, the requirement that the equitable owner/developer obtain all necessary approvals for the sewer module from the Pennsylvania Department of Environmental Protection. Please contact me directly if you have any questions or concerns regarding this matter. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Michael Cassidy csj:237120 1605-455 cc: Howard Dougherty, Lemoyne Borough Manager Ron Frank, Lemoyne Borough Code Enforcement Officer 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.1540 FAX: 717.761.3015 A4AIL@JDSW.C'O1VI JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE I hereby certify that I am this day causing a copy of the foregoing document to be served on the following person in the manner indicated: By First Class United States Mail on: Bruce D. Foreman, Esquire Tracy L. Updike, Esquire FOREMAN & FOREMAN, P.C. 4409 North Front Street Harrisburg, PA 17110-1709 BLAKEY, YOST, BUPP & RAUSCH, LLP By: //1`?---- o 1, P gal 17 East Market Street York, PA 17401 Dated: November 18, 2004 c? +v ? a `:. N --rji r? -? _ C) C?] C - GJ C? C,) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05129 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEMOYNE ASSOCIATES LLC VS CORNERSTONE AT COPPER RIDGE R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CORNERSTONE AT COPPER RIDGE LIMITED PARTNERSHIP but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 30th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 34.25 nn / 1 G J 11/30/2004 FOREMAN & FOREMAN r--> So answers: ?J R. Thomas Kline ell, Sheriff of Cumberland County Sworn and subscribed to before me this day of A.D. J O-6 Prothonotari/ COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY UM 1 THRU IZ DO NOT MTACH ANY COPIES 1. PLAINTIFF/S/ 2. COURT NUMBER Lemoyne Associates LLC 04- / n 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/S/ ?-} Cornerstone at Copper Ridge, Limited Partnership/Notice & Complaint SERVE 5. NAMF OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD Crnersne at Copper Ridge, Limited Partnership 6 ADDRS(STo OE S TREt0R RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP.. STATE AND ZIP CODE) AT 200 Baffle Drive Stewartstown, PA 17363 7. INDICATE SERVICE: U PERSONAL u PERSON IN CHARGE DEPUTIZE .3 EERT4N A$ O 1 ST CLASS MAIL U POSTED -t OTHER NOW _ October 15 , 20 04 I, SHERIFF OF i?( COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute th a return th cording to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF11W OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE er and -. t r Please mail r turn of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON tt11R1T'OF 6UT10N: NAIfWAIVER OF WAT Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in 41f, ssion, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any props re sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED in qq D( W kroro?Sf. 1022&-5_3 9 I b ?IZ I 12. SEND TICE OF SERVICE COPY TO NAME AND ADDRE BELOW: s area must mp eted 0 notice is to be mailed). WAGE t3ELUW FUN USt VP IH - w MJI vwmIC CW.Lwvlft 1111117 16.1111w- 13. 1 acknowledge receipt of the writ laint as indicated above or com A Z ? 14. DATE RECEIVED -_ 15.E Date . p 2 ? ? ;r 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) . POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER SEE REMARKS BELOW 17. 0 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 1 NAME LE OF VIDUA SERVED I LIST ADDRESS HE " IF NO SHO10M, H?BO Relationship to Defendant) 19. Da of S rvfce 1 20. Time of Se!W -? c? Z *5 I/ x /40/1 ?- / e ' 21 . P S Dal Time Miles, Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time iles Int. I Dale Time Miles Int. 22. REMARKS: 23. Advartee Co sts 24 Service Costs 25. N/F 26. Mileage 2 S w g cv lI-ls 17 34. Foreign County Costs 35. Advance Costs 36 Service Costs ostage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due " Refund heck No. ?Z, zs o?.ao 3 y Z5 j -71 37. Notary Cert. 38 Mileage_/Postagd"ot Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to before me this .15 nature of AUfikN.:;0JfMKb sz day or N 0 V zo 4 3>G!G??'?< p. Sheriff Ao; _?6 .- QJ r !?,$$YAp("I TARY S' n York 47. ATE ounfy Sheriff William M. 48 Signature of Foreign 49 DATE - County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office .4r^,Y 4i4O-- L Curtis R. Long Prothonotary Office of the i3rotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Q•4/ - L29 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573