Loading...
HomeMy WebLinkAbout13-0848MID PENN BANK, IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COtTNTY, PENNSYLVANIA Plaintiff t -~ ~ ~~ =4~ p (J STANLEY N. DYE and ' ~ "' ~'' ~' ~"`' ~ SUSAN E. DYE ~tD ~'. ~ ~ .-- Civil -Mortgage Foreclosure <~ -ca :µ- ~, Defendants ~...- c' ~ ''' ~''~ ~`~ 1 I ^ , ~/ :~ C ,,,,~ ~..., ~ ~~ ` h , 1 '~ 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 C~~ ~'~~~ ~a~ G/~f~S~/~1a2 ~~/ a~(~sc,~ AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los proximos veinte (20) dias despues de la notification de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demands o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO iNMEDIATAMENTE. SI USTED NO TIENE iIN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 2 Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, 8L BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman cr,ssbc-law.com jmadden e ssbc-law.com Counsel for Plaintiff, Mid Penn Bank MID PENN BANK, v. STANLEY N. DYE and SUSAN E. DYE Plaintiff Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Civil -Mortgage Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff Mid Penn Bank ("Plaintiff') is a Pennsylvania banking institution with a business address at 349 Union Street, Millersburg, Pennsylvania 17061. 2. Defendant Stanley N. Dye is an adult individual with a last known address of 35 W. North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Susan E. Dye is an adult individual with a last known address of 35 W. North Street, Carlisle, Cumberland County, Pennsylvania 17013. Defendant Stanley N. Dye and Defendant Susan E. Dye are hereinafter referred to collectively as "the Defendants." Count I - Mortgage Foreclosure 4. Plaintiff incorporates herein by reference paragraphs 1 through 3 of this Complaint as if fully set forth herein. 5. On or about April 19, 2005, Plaintiff extended a loan, identified as loan number 500029616, to Defendants in the amount of $3,100,000.00 ("the Loan"). 3 6. To evidence their indebtedness under the Loan, Defendants contemporaneously made, executed and delivered to Plaintiff a Note dated April 19, 2005 ("the Note"). A true and correct copy of the Note is attached hereto as Exhibit "A." 7. The Loan is secured by a Mortgage dated April 19, 2005 ("the Mortgage") by which Defendants granted Plaintiff a first priority mortgage lien on two (2) parcels of real property known as 6820 Carlisle Pike a/k/a 90 Salem Church Road, Mechanicsburg, Pennsylvania, 17050 and 90 Salem Church Road. Mechanicsburg, Pennsylvania, 17050 and a third priority mortgage lien on a parcel of real property known as 2050 Spring Road, Carlisle, Pennsylvania 17013 (collectively "the Mortgaged Premises"), and more particularly described in the exhibit attached to the Mortgage, a true and correct copy of which is attached hereto as Exhibit "B." 8. The Mortgage was recorded on April 19, 2005 in the Office of the Cumberland County Recorder of Deeds in Book 1903, Page 4979. 9. Defendants are the record owners of the Mortgaged Premises. 10. Defendants have defaulted under the Note by failing to make payments when due. 11. Defendants have failed and refused to make payment of the amount outstanding to Plaintiff. 12. Pursuant to the Note, upon a default, Plaintiff is entitled to accelerate all of Defendants' obligations under the Note, making all outstanding amounts immediately due and payable. 13. Plaintiff is not required to provide Defendants with notice of its intent to foreclose pursuant to Act 6, 41 P.S. § 403, as the Mortgage is not a residential mortgage as defined in 41 P.S. § 101. 4 14. Plaintiff is therefore entitled to recover the following amounts: Principal Balance: Interest through 2/8/13 Late Fees through 2/8/13 Attorneys' Fees/Costs through 2/8/13 TOTAL $1,974,448.76 $ 67,640.63 $ 92,364.17 $ 32,700.00 $2,167,153.56 plus all amounts advanced by Plaintiff in collection of the debt pursuant to the terms of the Note and loan documents, monthly late charges, reasonable attorneys' fees, and interest from February 8, 2013. WHEREFORE, Plaintiff demands that judgment in mortgage foreclosure on the mortgaged premises known as 6820 Carlisle Pike a/k/a 90 Salem Church Road, Mechanicsburg, Pennsylvania, 17050, 90 Salem Church Road. Mechanicsburg, Pennsylvania, 17050 and 2050 Spring Road, Carlisle, Pennsylvania 17013 be entered in its favor and against Defendants in the amount of $2,167,153.56, plus any additional interest, attorneys' fees, and costs authorized by the Note. Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN P. C. ~~ ~~ ,~ Steve J. Schiffman, Esquire Jeni Madden, Esquire Pa. Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 Date: February 14, 2013 5 VERIFICATION I, Amy Custer, do hereby state, under penalty of 18 P.S. § 4904 relating to unsworn falsification to authorities, that I am an authorized representative of Plaintiff Mid Penn Bank, am authorized to give this verification on its behalf, and that the averments set forth in the foregoing complaint are true and correct to the best of my knowledge, information, and belief. Mid Penn Bank By: my 6 EXHIBIT A PROMISSORY NOTE ~ r~ ~, ~.. .. -~-". f ....... .,. . References in the shaded area are for Lerxier's use only and do not limk the I1cabHky-of this document to any pardcutar loan or kern. Any kem above containing °"'° i,as heart omkfed due to text iengtty tirrdtations. Borrower: Stanley N. Dyr Lender: Mid Penn Bank Susan E. Dye Millersburg Office 35 W. North Street 349 Union Street Carlisle, PA 17013 Millersburg, PA 17061 Principal Amount: $3,100,000.00 Interest Rate: 6.500% Date of Note: April 19, 2005 PROMISE TO PAY. Stanley N. Dye and Susan E. Dye ("Borrower") jointly and severally promise to pay to Mid Penn Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Three Million One Hundred Thousand &00/100 Dollars ($3,100,000.00), together with interest at the rate of 6.500% per annum on the unpaid principal balance from April 19, 2005, until paid in full. PAYMENT. Borrower will pay this loan in accordance with the fallowing payment schedule: The loan shat{ be payable over a term of twenty (20} years and three (3) months. Commencing May 19, 2005 the loan shall be payable in three (3) consecutive monthly Interest payments, then, commencing August 19, 2005, the loan shall be payable in thirty-six (36) consecutive monthly installments, including principal and interest, in the amount of 523,288.00, based upon an amortization of twenty (20) years, with Interest calculated at a rate of six and one-half (6.50%) percent per annum. Three (3) years and three (3) months from the note date, and every three (3) years thereafter, the interest rate shall be subject to change to a rate to be determined by Lender at Its sole discretion. in the absence of a mutually agreed upon fixed rate, the interest rate shall change to a variable rate of Lender's Prime Rate, plus 1.00%. The monthly Installments shall be reset based upon the then outstanding principal balance, the remaining amortization period, and the interest rate, in an amount sufficient to maintain the original amortization schedule. Provided, however, all outstanding principal, all accrued and unpaid Interest, and any other charges as may have been Incurred will be due and payable in full on or before July 19, 2025. Unless otherwise agreed or required by applicable law, payments wilt be applied first to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note Is computed on a 365/360 basis; that is, by applying the ratio of the annual Enterest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREPAYMENT PENALTY. Upon prepayment of this Note, lender is entitled to the following prepayment penalty: A penalty of three percent (3.009G} of the outstanding loan principal balance at the time at prepayment H the prepayment occurs during the Nrst loan year; a penalty of two percent (2.0096) of file outstanding loan princ~ai balance at the time of prepayment if the prepayment occurs during the second loan year; a penalty of two percent j2.0096} of'the ~utytanding loan principal balance at the tkr+e of pr+~raymsnt if the prepayment occurs during the third loan year, The prepayment penalty shelf be In effect for the original three (3j year interest rate period, and shall renew upon adjustment of the interest rate for any ensuing. three (3) 'yeaC intervsl, unless modified in writing. Notwitttstanding anything to the contrary, Borrower may prepay tltis loan, without penalty, from 1ntemaily generated funds.: Except for the foregoing,- Borrower may pay ail or a portion of the amount awed earlier than ft is due. Early payments will not, unless agreed to by Lerlifer in writing, relieve Borrower of Borrower's obligation to coniinue 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 egress riot to send Lender psyrraants marked "pall to full", "witttout recourse", or similar language. If Borrower sends sock a payment, Lender may accept It without losing any of Lender's rights under this Note, and Borrower wtll remain obligated to pay any further amount awed to Lender. All writfert camrrtunicatons concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mid Penn Bank, Millersburg Office, 349 Union Street, Millersburg, PA 17061. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or 525.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the interest rate on this Note 5.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continua to accrue on this Note after judgment at the existing interest rate provided for in this Note. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower ar 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 properly, any assignment for the benefit of creditors, any type of creditor workout, or the r~rrtmencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfekure Proceedings. Corrtmencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossesskm or arty other method, by any creditor of eotrawer or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, ind,uding deposit accounts, witl~ Lender. However, this Event of Default shall not apply if there is a good #aith dispute by Bcxrower as to the valkfity or reasonableness of tho claim which is the basis of the creditor or forfeiture proceeding and if t3ortower gives Lender written notice of the Credkcx or forfeiture proceeding and deposits with Lender ma~ies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation a f of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes of, or liability under, any guaranty of the indebtedness evidenced by this Note. PROMISSORY NOTE Loan No: X1516 (Continued) Page 2 Adverse Change. A material adverse change oxurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower wilt 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' tees and Lender's legaE expenses, whether or not there is a lawsuit, including attomeys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to fts conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE, if there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not Include any IRA or Keogh accounts, or any Vust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated April 19, 2005, to Lender on real property located In Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of Ali Rents to Lender on real property kx•,ated in Cumberland County, Commonwealth of Pennsylvania. PRIMARY DEPOSIT ACGOUNTS. Borrower agrees to open and maintain its primary business deposit account ("Account") with Lender so long as this Note has an outstanding balance or loan availability. If Borcower does not open or maintain the Account with Lender, Borrower authorizes Lender to increase the interesk rate on this loan by one-quarter of one percent (0.250°k). INCORPORATION OF COMMITMENT LETTER. The terms and conditions of a Commitment Letter dated March 4, 2005, between Lender and Borrowers, together with any modifications and amendments, are hereby incorporated into this Note as if the Commitment Letter were restated herein in its entirety. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ios) should be sent to us at the following address: Mid Penn Bank, Millersburg Office, 349 Union Street, Millersburg, PA 17061. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; {b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, tail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated In writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend {repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. Alt such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are Joint and several. if any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT {10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE Loan No: is~s (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: x {Seep n ey ye x_ ~w {scab. Susan E. Dye lA4ER PNO lwn0lrq, ih~ 525.60 V61 C6P1. WAsnO Pln~nc{~19dN~au, NC 19BT, 2065 (tll fYphh fleamM. •PA L1CfM1lPlW20 PC TP~J03T oW 6ECPTEPN ~.~_ EXHIBIT B Parcel Identificatio n Number: 10-19-1606-018; 10-20-1838-005 RECORDATION REQUESTED BY: Mid Penn Bank Millersburg Office 349 Union Street Mlllersburg, PA 17081 WHEN RECORDED MAIL TO: Mid Penn Bank Millersburg Office 349 Union Street Millersburg, PA 17061 ~Gu~ APR l~ F'f1 2 11. FOR RECORDER'S-USE DNLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE MAXIMUM LIEN. The unpaid principal balance of advances exclusive of Interest and unpaid balances of advances and other extensions of credit, secured by the Mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises shall not exceed at any one time $3,100,000.00. Amount Secured Hereby: $3,100,000.00 THIS MORTGAGE dated April 19, 2005, is made and executed between Stanley N. Dye and Susan E. Dye, whose address is 35 W, North Street, Carlisle, PA 17013 (referred to below as "Grantor") and Mid Penn Bank, whose address is 349 Union Street, Millersburg, PA 17061 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender ail of Grantor's right, title, and interest in and to the folbwing described real property, together with all existing of subsequently erected cr affitced buktings, improvements and fixtures; ail streets, lanes, alleys, passages, and ways; ail easements, rlgF-ts of way, aN liberties, Ixivifeges, tenements, hereditamettts, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and 'the reversions and rerrtafnders with respect thereto; all water, water rights, watercourses and ditch rights (inGuding stock in utUfties 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 6820 Carlisle Pike; 155 Salem Church Road, Mechanicsburg, PA 17050; 2050 Spring Road Carlisle PA 17013. The Real Property parcel identification number is 10-19-1606-018; 10-2a-1838-00~. Grantor presently assigns to Lender ail of Grantor's right, title, and interest in and to alt 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 53,100,000.00, THE ~~1~U3f'~3'~•979 MORTGAGE (Continued) Page 3 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 o- transfer, without Lender's prior written consent, of all or any part of the Reai Property, or any interest in the Real Property. A "sale or transfer" means the conveyancs of Real Property or any right, file or interest in the Real Property; whether legal, beneficial or equitable; whether vokmtary or irnolurttary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold Interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payrdl taxes, special taxes, assessments, water charges and sewer service charges levied against or on account at file Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Prcrperiy. Graf~tor shatl rnair>tein 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 fax, assessment, or claim In cotuiection with a good faith dispute over the obligation to pay, so long as Lender's fntere$i in the Property is net jeopardized. tf a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen. (15) days attar the Ilan arses ar, ff a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or it requested by tender, 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 wriiien statement of the taxes and assessments against the Properly. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's Tien, materiaimen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender fumish 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 tlta full insurable value covering all lmproarernents ~ the Real Property in an amo-~t sufficient to avoid application of any cansurance clause, and with a stertdard m~fQagee clause in favor of Lender. Qrantor shall also procure and maintain comprehensive general liability Insun3nae in such coverage amounts as Lender may request with Lender being Warned 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 Resl Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior Ilens 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 Praceeds. (3rantar shall promptly notify Lender o1 any bss or damage to the Property. Lender may make proof of lass if Qrantor fails to da sa within fifteen (16) days of the casualty. Whether or not Lender's security is irpaired, Lender may, at Lender's eleatiort, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the indebtedness,. payment of any lien affecting tltie Properly, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration ar-d repair, Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender S~{19~~ras~981 MORTGAGE (Continued) Page 4 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, it any, shall be applied to the principal balance of the Indebtedness. !f Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, Including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not tte 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 poicy; 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 tee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the iitle 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 lie 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, twt Lender shall be entitled to participate in the proceeding and to be represented in rite proceeding by counse( 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 pert of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in Ileu 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 acton is requested by Lender to perfect and continue Lender's i(en 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; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any MORTGAGE (Continued) Page 5 portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SEGURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever act'wn is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and wlthout further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from wh~h information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercia! Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lander, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, raffled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sde opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior (lens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for ail costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays ail the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Properly. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligaton, covenant or condition contained in any other agreement between Lender and Grantor. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantors behalf under this Mortgage or the Related Documents is Talse or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Gollateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect i. • ~. ' ~. u3~ ~ .3 :.t ~~ i` i.7 `: .i MORTGAGE (Continued) Page 6 (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the beneFlt of creditors, any type of credftor workout, or the commencement of any proceeding under any bankruptcy or insdvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposft accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forteiture proceeding and deposits wkh Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incornpeient, or revokes or disputes the validity ot, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness fs impaired. Insecurity. lender in good faith believes Itself insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to finder. If the Rents are collected by Lender, then Grantor irrevocably authorizes lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of ail or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudiciai Sale. if permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Properly or the Real Property by non-judicial sale. MORTGAGE (Continued) Page 7 Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after appl'~cation of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Properly is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be tree to sell ail or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notlce of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable n~fice shall mean notice given at least ten (1d) days before the time of the sale or disposition. Any sale of the Personal Property may lie made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or io take action to perform an obligaCion of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under #ils Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies avatlable to Lender foaowing an Event of Default, or in any way to limit or restrict the rights and al~Uily of !.ender to proceed directly agnk~st Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action Is involved, and to the extent not prohibited by law, ail reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys` fees acrd expenses. for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or irrjunotion), appeals, and arty arkiclpated poi>t judgmenf collection servtoes, the post of searching records, obtaining flee repctis (includetg hNt3ek~sure teports), surveyors` reports, end appraisal fees anH lifts insurance, to the extent pem~itted try applicable law. Carantor also wlil pay any court costs, in addition to all other sums provkled by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by few), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage, Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, speciEying 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 Granttrr's resident®, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Qrantor's previous fiscal year in such form and detail as Lender sheq require. "Net operat~g income" shall mean all cash receipts from the Property less all cash expenditures made inconnection with the operr-tbn ofihe Property. Caption Headings. Caption headings in this Mortgage are for cornenience 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 [aw applicable to Lender and, to the extent not r~] L" ~ ~~ ~ t ~ ~i v i! ~ 1 ~! 1 MORTGAGE (Continued) Page 8 preempted by federal taw, the taws 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 Dauphin County, Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligatbns in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver Ls 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 constftute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabllity. If a court of competent Jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time Is of the Essence. Time is of the essence in the pertormance 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 ddlar 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 Stanley N. Dye and Susan E. Dye and includes all co-signers and co-makers signing the Note. 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 limitatiron the Comprehensive Environmental Response, Compensation, and Liabllty Act of 1980, as amended, 42 U.S.C. Sect~n 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub, L. No. 99-499 ("SARA"), the Hazardous Materials TransportaCron Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default secCron of this Mortgage. Grantor. The word "Grantor" means Stanley N. Dye and Susan E. Dye. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled, The words 'Hazardous Substances" are used in their very broadest sense and include without Iimltatbn any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum LL MORTGAGE (Continued} by-products or any fraction thereof and asbestos. Page 9 Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expanses payable under the Note or Related Documents, together with all renewals of, extensions oi, modifications of, consolidations of and substitutons for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means Mid Penn Bank, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated April 19, 2005, in the original principal amount of 3,100,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is July 19, 2025. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Reai Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Reai Property and the Personal Property. Reai Property. The words "Real Property" mean the real properly, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and ail other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X . ~ : ~.. : , ~~~ ~ .. ~ ~ Seal) fartley e X . ,, (Seal) Susan ye MORTGAGE (Continued) Page 10 CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Mid Penn Bank, herein follows; Millersburg Office, 349 Union Street, Millersburg, PA 17061 A ~ or Agent ~ o gages INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA /~' ) SS COUNTY OF ~.,/ tGck./'h'xo~ ~~ ~ / On this, tha ~ ~ ~ day of ~ / , 20 ~) before me ~-c.. ~~..--tea ~-rho, the undersigned Notary Public, personally appeared Stanley N. Dye and Susan E. Dye, known to me ( satisfactorily ~ovenj to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official s -'"`~ NOl'AFOAL SEAL Notary Public in and for the 3 to of - L t ~ KAF~AI KAY BUCKLEY, Public Stwtlt ~ddlt~vtrn Y 4urNt~laftd Co. t~a~ffff'a>riort Juns 23, 2005 VWER PRO LriMnp, Vr b Yi,20 00t CWf. M,MM FlrriwY 6Wular, lia 1061, 200f, Ai g0hb Runrvtl ~ PA L1CFI1tDL~:FC TR-f~7 PR~3ECDTERM eft t ~' ~ r~ ..i ALL THAT CERTAIN tract of land situate Sn Hampden Township, Cumberland County, Pannsy~vahia, sore particularly bounded end described according to a survey sad• by Ronald S. Reffsnrperger, Registered surveyor, dated March il, 1992, se follow, to wit: BEGINNING nt a point in the cantor of Salon Church Roed, also known as L.R. Rt. No. 21069, which point ie at the Southeast corner of lands now or formerly of Jay wileon; thence through th• canter of Salem Church Rond south four (4) dwgree• peat three hundred [iltean and forty-lour one- hundredths (]13.44} test to n point; thence along lands now or forserly of Roger Stapp South seventy-six (76) degraee west a distance of twenty-two and eighty-cix one-hundredths (22.86) feat to an iron pint thence along lends now or lorserly of Roger Stapp and Frank 8. Broxtersann, South seventy-six (76) dagrwws pest a distance of one thousand forty-threw and thirty-wight one-hundredths (1,o43.3a) feat to en iron pin and pips serkwr at the line of lands nov or fornerly of Margaret Mastwrs; thence along the same North ewvon (7} degraee ten {10) uinutes Nast a distance o! three hundred tvo and fifteen one-hundredths (302.15) teat to an iron pin on the South •ide of lands now or foz~erly of w. W. Kelleyl thence slong •sas and lands nov or formerly of Jsy Wilso» North seventy-rix (76) degraee Last a distances o! on• thousand ono hundred two and forty-tour (1,102.41) feet to an iron pint thence along lands now or formerly of Jay Wilson North seventy-six (76) degraee Ssst a distance of twenty-five and thirty-three one-hundredths (25.33) fact to a point in the canter of Sales Church Aoad, the place of BEGINNING. HAVING THEREON erected a mobile home park known ae "Tho Six Links Mobile Home Park." ALL THOSE CERTAIN four parcels o! land situated in the Township of Haspden, County o! Cumberland end Commonwealth o[ Pennsylvania, roora particularly bounded end described as follows, to wit: PeYee2 !is 88ciINNING at a point torsed by th• intersection of the confer line o[ the "cerlisla Pike~+ (U.S. Routs 11), end the center line of 8alwm Church Rasdt thence, along the center lino of said cwriisw Pike, South 6B degraee, 28 sinutes, ~2 swaands East, 4 distsnoa of 60.12 feet to a paint; theses, continuing slang the canter lino o! said Grlislw pikes by a aurvwd lim having a radius o! 11,459.19 fast, an era diptariaw of 183.96 fask to a point et the line of lands of thw trustees at the setae Nwthadiat Church; thanes, along the fins of raid church land south o6 degrews, 33 ;ainutss, o seconds Nwrt, a distance of 472.87 fast to an iron pti- thano~, South 68 degrwws, 06 sihutes, 13 rwconde last, a distanae of 1S0 teat to a» iron pin; the»cw, south d7 dprlMp, OS sinutss 0 saccade Wwet, e distanaw a! 85 twat to a» iron pin at the North side cf a 30 teat vide privets rigl-t-ot.~vayi tQwnea, along the nartharn •ida o! tM storwswntioned 6a feat wide private rigtst-of-vpy, Nortb t<3 daq;caws, 41 ta~t~ata# St swaonda Waot, a distance at 333.zO iwwt to a point in the aw»ter line of Sales Church R.a1dt thdncs, slang the seater line of eaten Church Rasd, North a2 dsg;cass, 54 ainutas 0 awcands Saet, a distances of 222.18 last to a pointy t}-wne:w, oantlnuing along said oentiwr lines, North 01 drgras, S0 sinuter, 20 ^wcands East, s diatielae of 293.gg twat to a point i» the cantwr lines of thw Csrllwlw Pika aforesaid, the place or BEGINNING. containing 1,269 hat arras, :gore or leas. Ta+ETNIR with the right to use the ha;einbwfora mentioned 5o foot wide privates right-of-way bounding Parcel Al on the loath. garret i2= HEGSNNING at s point in the center tins o! SwTp Church Road, s,~id point being locatwd. also at the routhwrn~s xatsd sonf~t wide private right-oCway and ales bei th+rard3y arcs thw cantwr line of Cefc11s1M Piles {U.s. Route il), a distance of 568.84 feat, sores ar less ; thencw, alo»q the soutls side of the afarwpentionsd SO twee yids right-at-v:y, south 6s degraee, a1 minutew 14 seconds Sast, a distance of 523.58 feat to a point in the carter 21na of a second s0 fwwt wide private right-of-wayJ thence, slang the center line of said second 50 teat. wide private right-of-way, South O2 degree8, 33 sinutea, 3l secsonds Mast, a distance of 255 feat to a spikes thence, along the line of lands now az formerly of Zra 8. Gaib, North 63 degrwws, t4 sinutos, s2 saccade West, a distance ot127 twit Yo s point In tt14 cNntar line of Salwtn [~,urch R°adr thwnow, along the aentwr line of Salem church Roed, NO>`tTt Ox degraee, s4 Mihutws b Baconde East, o dlatsnce of 2SS twat to a point, the place of HEGYNNING. Conteininq 2,769 net acres, more ar lase. ~~ i 9ts~:t!:~~;.~~9 iI3I. i "/t" .NN1 at an iron spike which is at the interrectian of the eastern sld• of a 50 lent wide right- of-vay which parallelr Salem Church Aoad and et th• •outhern ride of a SO feet Ylde private right-of-way which parallelr Carllrl• Plka, said spike oleo being located Ss2.44 feet, more or leas, [rom the oenter Iine of Salem Church Roedt thence, along the southern side of the 50 teat vide right-ot-wey.4hieh parallels the Carlisle Pike, South 65 degrees, 41 minutes, 14 aecandr Esst, a distance of 249 feet to an iron pint thence, oontinuing along the southern side o[ the last-sentioned right-of-vay, South 65 degrees, 19 minutes, ]O •eoonds Eaet, a distance of 196.61 feet to an iron pin at the line of Parcel ~4, hereinafter dsseribad: thence, along •ald last-mentioned line, South 24 degrees, 57 sinutaa, o seconds Wert, a distance of 499.60 feet to an iron pint thence, along the northern side of ^t111 another 50 teat vide private right-of-way, North 64 degree., 55 minutes, ]8 seconds Wast, a distance o! 239.51 feat to a spike at the eartarn rids o! the 50 teat wide private right-of-way, parallel to Salem Church Road, first mentioned hereint thence, along the rasters side of said last-mentioned private right-ot-vay, North 02 degrees, ]3 minutes, ]1 seconds East, a distance of 535.77 loot to e spike, the place of BEGINNZNG. containing 7.908 net acres, more or lees. parcel t4: BEGINNING at an iron pin at tho routhern side of a 50 feet wid• private right-of-way which parallels Carlirle Pika, and atithe northeast corner of Parcel i], hereinabov described said Iron pin belr-q located 996.05 last, more or lase, from the center line o! Seism Church Road; thence, along the southern side of the aforementioned private right-of-way, South 65 degreas, 19 minutes, ]o aeoond• East, a dletance of ]50 teat to a concrots monument •t the line of lands now or torasrly of Halls Motor freight, Zno.t thenos, along the..lina oP said last- mentionsd lands, South 25 degrees, 07 minu~ter, 50 seconds Mast, a distance of 1,09.87 teat to a concrete monument at the line of lands now or forrorly of Steward Nyarat thence, along raid land now or late of Nysrs, North 14 degrees, 56 minutae, 24 seoonda Msst, a distance o! ]e5.24 feet to an iron pin at the lino of lands of Pennsylvania Power c Light Company) thanes, along the line of lands of Pennsylvania Dover i Light Company, North 2S degreer, 05 sinutaa, 52 ^sconds East, a distance of 46].48 fast to en iron pin at the southarh side o! a SO test wid• private right-of-vay; thence, scrota the eartarn terminus of the aforementioned right-of-way and along the eastern aide of Parcel ~3, hereinabove described, North 24 degrees, 57 minutes, o sacond^ Eest, a distance o! 549.60 lest to an iron pin, the place of BEGINNING. Containlnq 6.628 net acres, more or less. EXEiIBIT "A" ALL thoBe two (2) certain tracts of la~cnd, together with the improvamencs thereon erected, situate in North Middleton Tawuship, Cumberland County, Pennsylvania, bounded and described in accordance with a survey of 6tephen G. Fisher, R_6. dated May 27, 197'1, Arawing Na. 7'7072, bounded and dee~cribed as folloro-e Tract No. 1: BEGINNING at d point in Che center at Pa. Route 34, L.R. 40 at: the northeast corner of Tract No. 2 herein; thence by Tract No. 2 North 62° 08' west 141.97 feet to a pipes thence by land now or formerly of Chester Schlueser Nortb 6° 41` SasC 199.36 ta~et to an angle iron; thence by land now ar formerly of Ray B. Sheller North 15° 21` East 74.58 feet to nn ar:gle iron; thence by the same South 74° 14~ 30" Foot 84.10 feet tv a point in the center of Pa. Route 34; thence by the center of Pa. Route 34 South 5° 43` SB~~ West 114.62 feet to a point] thence by the same 6outh 0° 4Z' ZO" Ea.et 100.00 fa®t to a point; thene~e by the same South 6° 42' 09" East 100 feet to a point, the Place of Beginning. CONTAININf~ ?3,186.29 pqua~re fE~t, exclusive of right-of-way. bract ATa . a ; BEC~INNINGi at a paint in the center of Pa. Route 34, L.R. 40 at southeast corner of Tract No. 1 herein; thence by Tract Na. 1 North 62Q 08' west 141.'19 feet to a pipe; thence by l~-nd new or formerly of Ray A. Bear South 2° 15' East 325.22 feet to an iron pipe on the eastern right-of-quay ling of a~arr Avenue; thence by the eaattern xight-of-moray of Darr Avenue by~ ~- eurvo to the right with a radius of 123.5 a distance of 4.08 feeC to an iron pipe; thence by the northern right-of-wdy line of Lakeview Drive North 84° 05' 35" Bast 152.59 fast point in the Center of Pa. Route 34; thence by the center of Pa. Route 34 bTaxth 9° 28' 30" Wsst 250.00 feet to a point:, the Place of Beginning. CC~NTR3NYNG 34,292.18 ~rquare feet excluaiv® of right-of-way. BEING COMMONLY referred to as 2050 Spring Road, Carlisle, PA 17013 BEING the same premises which V, George Winston and Carol G. Winston his wife by their dated October !6 , 2001 and recorded on October 19, 2001 in the Office of the Recorder of Deeds in Deed Book ~.y, g .Page , granted and conveyed to Stanley N. Dye and Susan E. Dye, the mortgagors herein. s rah ~ ~~ ,,. ,,~ - E., a. J ~ ALL THAT CERTAIN tract o! land •ituat• in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded end described eeaordinq to a survey rad• by Ronald S. Rattsnsparger, Registered Surveyor, dated Narch li, 2982, sa follows, to wit: BEGINNING at a point in the cantor oL Salem Church Road, also known es L.R. Rt. No, 21069, which point is at the Southeast corner of lands now or forrsrly of Jsy Wilson; thence through th• canter of 5nlem Church Road south Lour (4) degrsas Nest threr hundred fiftran and forty-four ons- hundredthe (715.44) feat to s point; thence along lands now or formerly of Roger Stapp South seventy-six (76) degrees West a distance o! twenty-two and eighty-six one-hundredths (21.86) Leet to an iron pint theme along lands now or formerly of Roger Stapp •nd frank E. Broxtermann, south srventy-six (76) dagrses Nast a distance o[ one thousand Lorty-thrs• and thirty-eight one-hundredths (1,041.18) teat to an iron pin and pipe marker at the line o! lands now or fornarly of Nargarat Masters thence along the acme North seven (7) dagrsas ten (10) ainutes Neat a dirtance of three hundred two snd tittren one-hundredths (302.15) lest to an iron pin on the South side of lands now or Lormarly of W. w. Kelley; thence along acre and lands nov or formerly of Jey ltilsoh North seventy-rix (76) degreer Last a distance of one thousand one hundred two and Lorty-Lour (1,102,44) fast to an iron pint thence slonq lands now or formerly of Jsy pilson North •aventy-six (76) degrsas Eaet a distance of twenty-live and thirty-thrar one-hundredths (25.3x) feet to a point in tho canter of Salem Church Road, the place of BEGINNING. HAVING THEREON erected a mobile home park known as "Tho Six Llnke Mobile Home Park." ALL THOSE CERTAIN four parcels of land situated in the Township o[ Herpdsn, County of Cumberland and commonwealth of Prnnsylvanls, more particularly bounded end described as follows, to wit: Percal f: S~GINNINC rt r point Loaned by the interaaction o! the aentar line o! th• »Cerlisls kikr+' (V.6. Routs 11), snd the cantsr line of Soler Church Aoadr thanes, along the center lino oL s+iltl Carlisle Pika, South 68 dsgraer, 28 rlnutes, 72 seconds Bast, a diatano~ of 60.12 feet to a pointy th~noa, oontlr,uii»nyg rlang the canter lira of said csrlirl• pike by a aurvsd liM havifp a radius of 11,459.19 fwt, en arc distatJCa at 187.86 fast to n point at the line of landr of the trustees at the Salim Ksthodiet Church; thence, along the line of said ohuzoh land Routh o6 degrees, 55 sinutaa, o sacond• Nakt, a distrnce of #12.1i~ fast to an iron pi'riJ thancia, south 6.8 degrees, 06 minutes, l5 seconds I:rat, a dlstsncr of 13o test to en iron pin; thanes, South- 09 degrees, OS minnter o seconds Wsst, e diataJrca o! eS t.at to an y.ron pin at the North side of a 50 tact wide pray«t~ right•atwayJ thence, along the northern al~de o! the aLor~tioned 5o teat wide privets right-ot-way, North 63 dagress, 41 sinutss it seconds post, a distsnw aL 73s.3a ls.t to r paint in the center lino at Sala Church Road) thaJJCa, along the crntsr lira of Salem Church Road, North 03 daQrMas, S4 rinutrs 0 aaaonda East, a dy.atrnca of 337.. i8 Leafi to a paints tha+nea, continuing slawdaaEast~r diait+alJOaNo! z9719~vtsko5a minutaa, 20 oenfier line a! the CarilrYa Piks atararrid, th*lplaee ota BLCINN2NG. Containing 6.269 net acres, morn or leas. ToCETHER with the right to use the hareinbefore mentioned 50 toot wide private right-of-way bounding Percal AL on the South. aa_rcel~~; g~2NNING at a point in the center line of solar church Road, grid paint bsing locwted also at the southern side of a 50 last wide private right-at-way and also being locrtewl aouthwa~ly trey the center line of Cnrllsle PLka {LJ:S. Routs li), a dirtancr of 568.84 test, mars or Lasaj thsnce, along tyre south sills of the atoramsntionsd SO teat wide right-ot-wry, south 65 degrees, 41 minutaa 14 seconds East, a distance of 525.59 #eet to a point in the ceJ;,ter line at a second 5o teat Wide private right-of-wpyp thanoa, along the center line of said ascend 5o teat Wida privat44 rgyrt-ofway, South o2 degrees, 13 minutaa, 34 s+scondr pant, a diatanca- aL 255 feet to a spike: thence, along the lino o[ lands »ow or fazaorly of ire 8. Gaib, ?Forth b5 degrree, 44 rinutea, SZ eeeonda Nest., a diatanea at 529 Lert to a point in the canter line oL Sa1ar Churcyt Roads thsnos, along the center lima of Salem chorch Road,. North 03 degrees, g4 rinutas 0 secanda Feat, a distance of 35S test to a point, thr piroe a! BEGINNING. Containlnq Z,Td9 net scrag, morn or lase. soon ~ ~.(~ FncE~l.~f~~~ ~iI3Ii "A" INNING at an iron spike which is at the lntareaction of the rartern side of a SO tart wide right- o[-way which parallale Boleti Church Road and at the routhern rid• of a SO fart wide prlvato right-o[-wsy which parellel^ Cnrlisle Pike, ^aid spike nlro being lvcatad SS2.44 teat, more or tars, from the arntar lino o! Salem Church Roads thence, along the southern aide at the 5o teat wide right-o[-way which parallels the Carlisle Pike, South 65 degrees, 41 minutra, 14 ^acondr East, a diatancr of 249 feet to an iron pin; thanca, oontinuing along the southern side of the lest-sentloned right-of-way, South 65 degrees, 19 minutaa, 70 •aoond^ East, a distance of 194.61 tart to en iron pin at the lino of Parcel 14, hereinafter dascrlbads thanca, along said last-mentioned line, South 24 degrees, 57 sinutes, 0 ^rconds Wert, a distance of 499.60 teat to an Lron pins Chance, along the northern side of still another 50 test wide private right-of-vey, North 64 degrees, SS minutes, 78 seconds Weet, a distance of 239.51 lent to a ^pike at th• eastern ride o! the 50 feat wid• private right-ot-wsy, psrallel to Salem Church Roed, first mentioned herein; thanca, along the eastern sid• of ^aid last-mrntioned prlvato tight-ol-way, North 02 drgreaa, ]7 minutes, 74 saaond• East, s distanco of 575.77 foot to a aplka, the place of BEGINNING. Conteininq 7.908 net acrae, awra or lase. Percal Y4: BEGINNZNG at an iron pin at the southern side of a SO feat vide private right-of-way which parallalr Carlisle Pike, end atithe northesat corner o! Parcel t3, harainnbove described sold iron pin being located 994.05 fret, wore or lase, lros the center line of Salem Church Road; thence, along the southern ride o! th• aforementioned private right-of-way, South 65 degreea, 19 minutaa, ]o •aoonds Eaat, ^ distance o! 250 teat to a concrota monument st the line of lands now or torserly of Hall's~Motor freight, Zne.s thenoe, along the.lihe of acid laet- >rentioned lands, South 35 degrees, 07 minutes, 50 Beconda Wert, a distance of 1,]09.87 feet to a conc:reta monument at th• line of lands now or formerly of Steward Myecss thence, along said land now or lat• of Myers, North la degroor, 56 rinutar, 24 saoonde West, a dirtanca of 785.24 teat to an iron pin at the line o! lamas of Pannsylvanin Power 6 Light Compenyt thence, along th• line o! lands of Prnnrylvania Powr 4 Light Company, North 25 degrees, DS .minuter, 52 seconds Eeet, a distance of 46].48 feet to an iron pin at the ^outharn •id• of a SO.teat vide private right-of-way; thanca, across the eastern terminus of the aforementioned right-of-way and along the eastern side of Parcel 43, heseinabove described, North 24 degreea, 57 minutes, 0 seconds Best, a dietanc• of 549.60 feet to an iron pin, the place of BEGINNING. Cantaininq 5.628 mat ecrer, morn or lase. EXHIBIT "A" ~; ¢,; i ,r '~ ,~ BOOK "7:1 f'> PAGE =~~ i () MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. MW r = No. 2013-848 • • .� STANLEY N. DYE and c✓>r" Ns �- •,;: SUSAN E. DYE -< ' __j } Civil—Mortgage Foreclosure' Defendants = f .x, r3 PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT PURSUANT TO Pa.R.C.P. 1037(b) To the Prothonotary: Please enter judgment by default in the above-captioned matter against Defendants Stanley N. Dye and Susan E. Dye and in favor of Plaintiff Mid Penn Bank, in the amount of$$2,167,153.56 plus all amounts advanced by Plaintiff in collection of the debt pursuant to the terms of the Note and loan documents, monthly late charges, reasonable attorneys' fees, and interest from February 8, 2013, which sum represents the amount due as set forth in the Complaint filed in this matter. Judgment by default is warranted based upon Defendants' failure to plead to the Complaint filed in this matter. Attached hereto is the ten-day Default Judgment Notice required by Pa.R.C.P. 237.1, along with a Certificate of Service evidencing service of the Notice upon the Defendants. Respectfully submitted, SERRATELLI,SCHIFFMAN, &BROWN, P.C. 0 Sjen . Schif fman, Esquire J Madden, Esquire Pa. ID Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 Attorneys for Plaintiff Date: March 26, 2013 l ti #a8 �3�3 CERTIFICATE OF SERVICE I, Jeni S. Madden, Esquire, do hereby certify that on the 14th day of March, 2013, 1 served the ten-day Default Judgment Notice required by Pa.R.C.P. 237.1, via U.S. First Class Mail, Postage Paid, to the following person(s): Stanley N. Dye 35 W. North Street Carlisle, Pennsylvania 17013 Susan E. Dye 35 W. North Street Carlisle, Pennsylvania 17013 Lawrence Frank, Esquire Thomas, Long, Niesen& Kennard 212 Locust Street, Suite 500 Harrisburg, PA 17101 Counsel for Defendants Y"S. Madden, Esquire MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No. 2013-848 STANLEY N. DYE and SUSAN E. DYE Civil—Mortgage Foreclosure Defendants IMPORTANT NOTICE TO: Susan E. Dye 35 W. North Street Carlisle, Pennsylvania 17013 DATE OF NOTICE: March 14, 2013 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717)249-3166 Respectfully submitted, SERRATELLI,SCIIIFFMAN,&BROWN,P.C. /.,,-- e4o &4,- Jeni S. adden, Esquire Supr e Court I.D. No. 209536 Serr Ili, SchifFinan&Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 2 MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. : No. 2013-848 STANLEY N. DYE and SUSAN E. DYE Civil—Mortgage Foreclosure Defendants IMPORTANT NOTICE TO: Stanley N. Dye 35 W. North Street Carlisle, Pennsylvania 17013 DATE OF NOTICE: March 14, 2013 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, SERRATELLI,SCHiP'FIVIAN,&BROWN,P.C. Jeri S. adden, Esquire Su pr e Court I.D. No. 209536 Se lli, Schiffinan&Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg,PA 17110 (717) 540-9170 2 Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN,&BROWN,P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffinana,s sbc-law.com imadden@ssbc-law.com MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 2013-848 STANLEY N. DYE and SUSAN E. DYE Civil—Mortgage Foreclosure Defendants To: Susan E. Dye n You are hereby notified that on V► �/ O� 1 , 2013, the following (der) (Deefee)(Judgment) has been entered against you in the above-captioned case. Judgment in the amount of$2,167,153.56 Wus addNon al acer ue d in rest and f Date: 1 3 •► Prothonotary Nor- I hereby certify that the name and address of the proper person(s) to receive this notice is: Susan E. Dye 35 W. North Street Carlisle, Pennsylvania 17013 A Susan E. Dye, Defendant Por ests medio se le esta notificando que el del _ , 2013, el/la siguiente (Or-der-)(Dee (Fallo) ha sido enotado en contra suya en el caso mencionado en al epigrafe. Fecha: Protonotario Certifico que la siguiente direccion es la del defendido/a sgeun indicade en el certificado de residencia: Susan E. Dye 35 W. North Street Carlisle, Pennsylvania 17013 Abogado del Demandante Steven J. Schiffinan, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 &209536 SERRATELLI, SCHIFFMAN,&BROWN,P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffrnanna,ssbc-law.com jmaddenAssbc-law.com MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No. 2013-848 STANLEY N. DYE and SUSAN E. DYE : Civil—Mortgage Foreclosure Defendants To: Stanley N. Dye You are hereby notified that on 1 '' V' p�-1 2013 the following mg (9rdff) (Dec-fee)(Judgment)has been entered against you in the above-captioned case. Jud ent in the amount of 2167153.56 lus a tion c interes fees. Date: Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Stanley N. Dye 35 W. North Street Carlisle, Pennsylvania 17013 A Stanley N. Dye, Defendant Por ests medio se le esta notificando que el del , 2013, el/la siguiente (Order-)(Deere" (Fallo) ha sido enotado en contra suya en el caso mencionado en al epigrafe. Fecha: Protonotario Certifico que la siguiente direccion es la del defendido/a sgeun indicade en el certificado de residencia: Stanley N. Dye 35 W. North Street Carlisle, Pennsylvania 17013 Abogado del Demandante C-) C") = C* .V:K , 4Ap -V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVA10= CIVIL DIVISION C:)-n PRAECIPE FOR WRIT OF EXECUTION =C) r10 .cr Mid Penn Bank ❑Confessed Judgment _4 Plaintiff Other VS. File No. 2013-848 Stanley N. Dye & Susan E. Dye Amount Due$1,974,448.76 Defendant Interest $67,640.63 (thru 2/8/13) Address: Atty's Comm$32,700.00 (thru 2/8/13) 35 W. North Street costs TBD Carlisle, PA 17013 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs,upon the following described property of the defendant(s) 6820 Carlisle Pike, a/k/a 90 Salem Church Road,Mechanicsburg,PA 17050& 155 Salem Church Road, Mechanicsburg, PA 17050. Complete legal descriptions of both parcels are attached hereto PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County,for debt,interest and costs,as above,directing attachment against the above-named garnishee(s)for the following property (if real estate,supply six copies of the description;supply four Copies of lengthy personalty list) and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). ❑ (Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the defendants}described in the attached exhibit, Date Signature: Print Name: /teni�S. Madden- 2080 Linglestown Road,Suite 201 Address: jo5 IS (01A 6 F Harrisburg, PA 17110 /u A Sb (I It Attorney for: Mid Penn Bank ^•1 0.0 1�4 on Telephone: (717) 540-9170 'Its 1'z Supreme Court ID No: 209536 -b � it *,25-S;9,j lint � -1 r2 9 LEGAL DESCRIPTION ALL THOSE CERTAIN three parcels of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: Parcel #2: BEGINNING at a point in the center line of Salem Church Road, said point being located also at the southern side of a 50 feet wide private right-of-way and also being located southwardly from the center line of Carlisle Pike (U.S. Route 11), a distance of 568.84 feet, more or less; thence, along the South side of the aforementioned 50 feet wide right-of-way, South 65 degrees, 41 minutes, 14 seconds East, a distance of 525.59 feet to a point in the center line of a second 50 feet wide private right-of-way; thence along the center line of said second 50 feet wide private right-of-way, South 02 degrees, 33 minutes, 34 seconds West, a distance of 255 feet to a spike; thence, along the line of lands now or formerly of Ira B. Geib, North 65 degrees, 44 minutes, 52 seconds West, a distance of 527 feet to a point in the centerline of Salem Church Road; thence, along the center line of Salem Church Road, North 02 degrees, 54 minutes 0 seconds East, a distance of 255 feet to a point, the place of BEGINNING. Containing 2.769 net acres, more or less. Parcel #3: BEGINNING at an iron spike which is at the intersection of the eastern side of a 50 feet wide right-of-way which parallels Salem Church Road and at the southern side of a 50 feet wide private right-of- way which parallels Carlisle Pike, said spike also being located 552.44 feet, more or less, from the center line of Salem Church Road; thence along the southern side of the 50 feet wide right-of-way which parallels the Carlisle Pike, South 65 degrees, 41 minutes, 14 seconds East, a distance of 249 feet to an iron pin; thence, continuing along the southern side of the last-mentioned right-of-way, South 65 degrees, 19 minutes, 30 seconds East, a distance of 194.61 feet to an iron pin at the line of Parcel #4, hereinafter described; thence along said last-mentioned line, South 24 degrees, 57 minutes, 0 seconds West, a distance of 499.60 feet to an iron pin; thence along the northern side of still another 50 feet wide private right-of-way, North 64 degrees, 55 minutes, 38 seconds West, a distance of 239.51 feet to a spike at the eastern side of the 50 feet wide private right-of-way, parallel to Salem Church Road, first mentioned herein; thence, along the eastern side of said last-mentioned private right-of-way, North 02 degrees, 33 minutes, 34 seconds East, a distance of 535.77 feet to a spike, the place of BEGINNING. Containing 3.908 net acres, more or less. Parcel #4: BEGINNING at an iron pin at the southern side of a 50 feet wide private right-of-way which parallels Carlisle Pike, and at the northeast comer of Parcel #3, hereinabove described, said iron pin being located 996.05 feet, more or less, from the center line of Salem Church Road; thence, along the southern side of the aforementioned private right-of- way, South 65 degrees, 19 minutes, 30 seconds East, a distance of 250 feet to a concrete monument at the line of lands now or formerly of Hall's Motor Freight, Inc.; thence, along the line of said last-mentioned lands, South 25 degrees, 07 minutes, 50 seconds West, a distance of 1,309.87 feet to a concrete monument at the line of lands now or formerly of Steward Myers; thence, along said land now or late of Myers, North 14 degrees, 56 minutes, 24 seconds West, a distance of 385.24 feet to an iron pin at the line of lands of Pennsylvania Power & Light Company,; thence, along the line of lands of Pennsylvania Power & Light Company, North 25 degrees, 05 minutes, 52 seconds East, a distance of 463.48 feet to an iron pin at the southern side of a 50 feet wide private right-of-way; thence, across the eastern terminus of the aforementioned right-of-way and along the eastern side of Parcel #3, hereinabove described, North 24 degrees, 57 minutes, 0 seconds East, a distance of 549.60 feet to an iron pin, the place of BEGINNING. Containing 6.628 net acres, more or less. BEING TAX PARCEL NO. 10-19-1606-018 PREMISES BEING: 6820 Carlisle Pike a/k/a 90 Salem Church Road Hampden Township Mechanicsburg, PA 17050 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Stanley N. Dye and Susan E. Dye, Mortgagors herein, under Judgment No. 2013-848. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by Ronald S. Raffensperger, Registered Surveyor, dated March 11, 1982, as follows, to wit: BEGINNING at a point in the center of Salem Church Road, also known as L.R. Rt. No. 21069, which point is at the Southeast comer of lands now or formerly of Jay Wilson; thence through the center of Salem Church Road South four (4) degrees West three hundred fifteen and forty-four one-hundredths (315.44) feet to a point; thence along lands now or formerly of Roger Stapp South seventy-six (76) degrees West a distance of twenty-two and eighty-six one-hundredths (22.86) feet to an iron pin; thence along lands now or formerly of Roger Stapp and Frank E. Broxtermann, South seventy-six (76) degrees West a distance of one thousand forty-three and thirty-eight one-hundredths (1,043.38) feet to an iron pin and pipe marker at the line of lands now or formerly of Margaret Masters; thence along the same North seven (7) degrees ten (10) minutes West a distance of three hundred two and fifteen one-hundredths (302.15) feet to an iron pin on the South side of lands now or formerly of W. W. Kelley; thence along same and lands now or formerly of Jay Wilson North seventy-six (76) degrees East a distance of one thousand one hundred two and forty-four(1,102.44) feet to an iron pin; thence along lands now or formerly of Jay Wilson seventy-six (76) degrees East a distance of twenty- five and thirty-three one-hundredths (25.33) feet to a point in the center of Salem Church Road, the place of BEGINNING. HAVING THEREON erected a mobile home park known as "The Six Links Mobile Home Park." BEING TAX PARCEL NO. 10-20-1838-005 PREMISES BEING: 155 Salem Church Road Hampden Township Mechanicsburg, PA 17050 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Stanley N. Dye and Susan E. Dye, Mortgagors herein, under Judgment No. 2013-848. Steven J. Schiffman, Esq. �-� T1 E r E 0 THON TAR t� Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 2013 APR -9 pH 2. 49 SERRATELLI, SCHIFFMAN,&BROWN,P.C. � g 2080 Linglestown Road, Suite 201 PENRLAND COUNTY TY Harrisburg, PA 17110-9670 (717) 540-9170 sschiffmanLi�ssbc-law com i.madden@ssbc-law.com MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. STANLEY N. DYE and SUSAN E. DYE No, Defendants I AFFIDAVIT PURSUANT TO RULE 3129.1 I, Jeni S. Madden, Esquire, attorney for Mid 1#enn Bank, Plaintiff in the above action, set forth the following information as of the date the Praecipe for the Writ of Execution was filed concerning the real property located in Cumberland County, Pennsylvania, more fully described in Exhibit "A," attached hereto. 1. Name and address of owner(s) or reputed own�r(s: I Stanley N. Dye j 35 W. North Street Carlisle, PA 17013 Susan N. Dye 35 W. North Street Carlisle, PA 17013 2. Name and address of defendant(s) in the jud ment: Stanley N. Dye 35 W. North Street Carlisle, PA 17013 Susan N. Dye 35 W. North Street Carlisle, PA 17013 I Name and address of every iudgment creditor whose judgment is a record lien on the real property to be sold: Mid Penn Bank 349 Union Street Millersburg, PA 17061 Township of Hampden c/o Keith Brenneman, Esquire Snelbaker& Brenneman, P.C. 44 W. Main Street Mechanicsburg, PA 17055 Township of Hampden 230 S. Sporting Hill Road Mechanicsburg, PA 17055 Farmers and Merchants Trust Co. of Chambersburg c/o Scott Dietterick, Esquire James, Smith, Dietterick& Connelly, L.L.P. P.O. Box 650 Hershey, PA 17033 Orrstown Bank c/o Elizabeth J. Goldstein, Esquire Dilworth Paxson, LLP 112 Market Street, Suite 800 Harrisburg,PA 17101 Cumberland County Tax Claim Bureau c/o Stephen Tiley, Esquire Frey & Tiley 5 S Hanover Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Mid Penn Bank 349 Union Street Millersburg, PA 17061 Orrstown Bank North Middleton Office 77 East King Street PO Box 250 Shippensburg,PA 17257 Richard S. Deitch 2122 Newville Road Carlisle, Pennsylvania 17013 Magnolia Portfolio, LLC c/o Sabal Financial Group,L.P. 4675 MacArthur Court, Suite 1550 Newport Beach, CA 92660 5. Name and address of every other person who has M record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Commonwealth of Pennsylvania P.O. Box 2675 Department of Public Welfare Harrisburg, PA 17105 Commonwealth of Pennsylvania 1400 Spring Garden St. Inheritance Tax Office Philadelphia, PA 19130 PA Department of Revenue Commonwealth of Pennsylvania 6h Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit PO Box 8486 Estate Recovery Program Harrisburg, PA 17105-8486 Internal Revenue Service William Green Federal Building Technical Support Group Room 3259, 600 Arch Street Cumberland County Tax Claims Office 1 Courthouse Square Room 110 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128 Verification I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsown falsification to authorities.1-d Date: d t/l u Z ( 3 Jeni k en, Esq. Att Plaintiff LEGAL DESCRIPTION ALL THOSE CERTAIN three parcels of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: Parcel #2: BEGINNING at a point in the center line of Salem Church Road, said point being located also at the southern side of a 50 feet wide private right-of-way and also being located southwardly from the center line of Carlisle Pike (U.S. Route 11), a distance of 568.84 feet, more or less; thence, along the South side of the aforementioned 50 feet wide right-of-way, South 65 degrees, 41 minutes, 14 seconds East, a distance of 525.59 feet to a point in the center line of a second 50 feet wide private right-of-way; thence along the center line of said second 50 feet wide private right-of-way, South 02 degrees, 33 minutes, 34 seconds West, a distance of 255 feet to a spike; thence, along the line of lands now or formerly of Ira B. Geib, North 65 degrees, 44 minutes, 52 seconds West, a distance of 527 feet to a point in the centerline of Salem Church Road; thence, along the center line of Salem Church Road, North 02 degrees, 54 minutes 0 seconds East, a distance of 255 feet to a point, the place of BEGINNING. Containing 2.769 net acres, more or less. Parcel #3: BEGINNING at an iron spike which is at the intersection of the eastern side of a 50 feet wide right-of-way which parallels Salem Church Road and at the southern side of a 50 feet wide private right-of- way which parallels Carlisle Pike, said spike also being located 552.44 feet, more or less, from the center line of Salem Church Road; thence along the southern side of the 50 feet wide right-of-way which parallels the Carlisle Pike, South 65 degrees, 41 minutes, 14 seconds East, a distance of 249 feet to an iron pin; thence, continuing along the southern side of the last-mentioned right-of-way, South 65 degrees, 19 minutes, 30 seconds East, a distance of 194.61 feet to an iron pin at the line of Parcel #4, hereinafter described; thence along said last-mentioned line, South 24 degrees, 57 minutes, 0 seconds West, a distance of 499.60 feet to an iron pin; thence along the northern side of still another 50 feet wide private right-of-way, North 64 degrees, 55 minutes, 38 seconds West, a distance of 239.51 feet to a spike at the eastern side of the 50 feet wide private right-of-way, parallel to Salem Church Road, first mentioned herein; thence, along the eastern side of said last-mentioned private right-of-way, North 02 degrees, 33 minutes, 34 seconds East, a distance of 535.77 feet to a spike, the place of BEGINNING. Containing 3.908 net acres, more or less. Parcel #4: BEGINNING at an iron pin at the southern side of a 50 feet wide private right-of-way which parallels Carlisle Pike, and at the northeast corner of Parcel #3, hereinabove described, said iron pin being located 996.05 feet, more or less, from the center line of Salem Church Road; thence, along the southern side of the aforementioned private right-of- way, South 65 degrees, 19 minutes, 30 seconds East, a distance of 250 feet to a concrete monument at the line of lands now or formerly of Hall's Motor Freight, Inc.; thence, along the line of said last-mentioned lands, South 25 degrees, 07 minutes, 50 seconds West, a distance of 1,309.87 feet to a concrete monument at the line of lands now or formerly of Steward Myers; thence, along said land now or late of Myers, North 14 degrees, 56 minutes, 24 seconds West, a distance of 385.24 feet to an iron pin at the line of lands of Pennsylvania Power & Light Company,; thence, along the line of lands of Pennsylvania Power & Light Company, North 25 degrees, 05 minutes, 52 seconds East, a distance of 463.48 feet to an iron pin at the southern side of a 50 feet wide private right-of-way; thence, across the eastern terminus of the aforementioned right-of-way and along the eastern side of Parcel #3, hereinabove described, North 24 degrees, 57 minutes, 0 seconds East, a distance of 549.60 feet to an iron pin, the place of BEGINNING. Containing 6.628 net acres, more or less. BEING TAX PARCEL NO. 10-19-1606-018 PREMISES BEING: 6820 Carlisle Pike a/k/a 90 Salem Church Road Hampden Township Mechanicsburg, PA 17050 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Stanley N. Dye and Susan E. Dye, Mortgagors herein, under Judgment No. 2013-848. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by Ronald S. Raffensperger, Registered Surveyor, dated March 11, 1982, as follows, to wit: BEGINNING at a point in the center of Salem Church Road, also known as L.R. Rt. No. 21069, which point is at the Southeast corner of lands now or formerly of Jay Wilson; thence through the center of Salem Church Road South four (4) degrees West three hundred fifteen and forty-four one-hundredths (315.44) feet to a point; thence along lands now or formerly of Roger Stapp South seventy-six (76) degrees West a distance of twenty-two and eighty-six one-hundredths (22.86) feet to an iron pin; thence along lands now or formerly of Roger Stapp and Frank E. Broxtermann, South seventy-six (76) degrees West a distance of one thousand forty-three and thirty-eight one-hundredths (1,043.38) feet to an iron pin and pipe marker at the line of lands now or formerly of Margaret Masters; thence along the same North seven (7) degrees ten (10) minutes West a distance of three hundred two and fifteen one-hundredths (302.15) feet to an iron pin on the South side of lands now or formerly of W. W. Kelley; thence along same and lands now or formerly of Jay Wilson North seventy-six (76) degrees East a distance of one thousand one hundred two and forty-four(1,102.44) feet to an iron pin; thence along lands now or formerly of Jay Wilson seventy-six (76) degrees East a distance of twenty- five and thirty-three one-hundredths (25.33) feet to a point in the center of Salem Church Road, the place of BEGINNING. HAVING THEREON erected a mobile home park known as "The Six Links Mobile Home Park." BEING TAX PARCEL NO. 10-20-1838-005 PREMISES BEING: 155 Salem Church Road Hampden Township Mechanicsburg, PA 17050 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Stanley N. Dye and Susan E. Dye, Mortgagors herein, under Judgment No. 2013-848. MID PENN BANK, IN THE COURT OF COMMON PLEAS OF c CUMBERLAND COUNTY, PENNSYIRAIRIA Plaintiff xrn 'v V. =:;V -0 = No. 2013-848 �'��, C:) I STANLEY N. DYE and SUSAN E. DYE iC�l z � Civil–Mortgage Foreclosure Defendants � � v AFFIDAVIT OF NON-MILITARY SERVICE I, Amy Custer, being duly sworn according to law, depose and say that I am an officer of Plaintiff Mid Penn Bank and I am authorized to make this affidavit on its behalf. I hereby affirm that to the best of my knowledge, Stanley N. Dye is not currently serving in the United States Military, nor in any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Mid Penn Bank Date: �/y j ') By: bA =----— y C=2� VP, As ery Manager Sworn to and sub�ibed before me this day of 2d►3 . COMMONWEALTH OF PENNSYLVANIA Notarial Seal Notary Public Michelle Lugo,Notary Public Upper Allen TWp.,Cumberland County My Commission Expires AujL.4 2014 Member.Pennsvlvania 59WOOUN of Notaries MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS)4,VAi1;I9 C;I.p Plaintiff ZZ , -O:x =C-n V. rn CU r"r- =M No. 2013-848 :Z;o 839 STANLEY N. DYE and %0 qc:) SUSAN E. DYE -0 Civil —Mortgage Foreclosure ,;;o Cl) ac Defendants AFFIDAVIT OF NON-MILITARY SERVICE 1, Amy Custer, being duly sworn according to law, depose and say that I am an officer of Plaintiff Mid Penn Bank and I am authorized to make this affidavit on its behalf. I hereby affirm that to the best of my knowledge, Susan E. Dye is not currently serving in the United States Military, nor in any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Mid Penn Bank Date: By: kmy C 0-st e�r � VP,Asset overy Manager Sworn to and subscribed before me this day of COMMONWULHi OF WENNMY�►NJA Notarial Seal Michelle Lugo,Notary Public Notary Public Upper Allen TWp.,Cumberland County My Commission Expires Aug.4,2014 Member.Pennsvlvanla Association of Notaries Steven J. Schiffinan, Esq. Jeni S. Madden, Esq. TH Fp'o THONO TAR ' PA ID Nos. 25488 &209536 2013APR -9 pnZ. 50 SERRATELLI, SCHIFFMAN, &BROWN,P.C. CLf"IBERLAND 2080 Linglestown Road, Suite 201 PENNSYLV COUNTY Harrisburg, PA 1 71 1 0-9670 ANIA (717) 540-9170 sschiffman(a-) ,ssbc-law.com jmadden(&,ssbc-law.com MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 2013-848 STANLEY N. DYE and SUSAN E. DYE Civil-Mortgage Foreclosure Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff s Sale of Real Property(real estate)will be held: DATE: September 4, 2013 TIME: 10 AM LOCATION: Cumberland County Courthouse I Courthouse Square Carlisle, PA 17103 THE PROPERTIES TO BE SOLD are delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property,together with a brief mention of the buildings and any other major improvement erected on the land. (SEE DESCRIPTIONS ATTACHED) THE LOCATION of the properties to be sold are: 155 Salem Church Road,Mechanicsburg, Pennsylvania 17450 6820 Carlisle Pike a/k/a 90 Salem Church Road,Mechanicsburg,Pennsylvania 17050 THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within Commonwealth and County to: 2013-848 THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Stanley N.Dye and Susan E.Dye A SCHEDULE DISTRIBUTION,being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff of this County thirty(30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact,be made unless someone objects by filing exceptions to it within ten(10)days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD,TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights,YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas with Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the proceeding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office—Civil Division, of the Cumberland County Courthouse,before presentation to the Court. SHERIFF'S OFFICE LEGAL DESCRIPTION ALL THOSE CERTAIN three parcels of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: Parcel #2: BEGINNING at a point in the center line of Salem Church Road, said point being located also at the southern side of a 50 feet wide private right-of-way and also being located southwardly from the center line of Carlisle Pike (U.S. Route 11), a distance of 568.84 feet, more or less; thence, along the South side of the aforementioned 50 feet wide right-of-way, South 65 degrees, 41 minutes, 14 seconds East, a distance of 525.59 feet to a point in the center line of a second 50 feet wide private right-of-way; thence along the center line of said second 50 feet wide private right-of-way, South 02 degrees, 33 minutes, 34 seconds West, a distance of 255 feet to a spike; thence, along the line of lands now or formerly of Ira B. Geib, North 65 degrees, 44 minutes, 52 seconds West, a distance of 527 feet to a point in the centerline of Salem Church Road; thence, along the center line of Salem Church Road, North 02 degrees, 54 minutes 0 seconds East, a distance of 255 feet to a point, the place of BEGINNING. Containing 2.769 net acres, more or less. Parcel #3: BEGINNING at an iron spike which is at the intersection of the eastern side of a 50 feet wide right-of-way which parallels Salem Church Road and at the southern side of a 50 feet wide private right-of- way which parallels Carlisle Pike, said spike also being located 552.44 feet, more or less, from the center line of Salem Church Road; thence along the southern side of the 50 feet wide right-of-way which parallels the Carlisle Pike, South 65 degrees, 41 minutes, 14 seconds East, a distance of 249 feet to an iron pin; thence, continuing along the southern side of the last-mentioned right-of-way, South 65 degrees, 19 minutes, 30 seconds East, a distance of 194.61 feet to an iron pin at the line of Parcel #4, hereinafter described; thence along said last-mentioned line, South 24 degrees, 57 minutes, 0 seconds West, a distance of 499.60 feet to an iron pin; thence along the northern side of still another 50 feet wide private right-of-way, North 64 degrees, 55 minutes, 38 seconds West, a distance of 239.51 feet to a spike at the eastern side of the 50 feet wide private right-of-way, parallel to Salem Church Road, first mentioned herein; thence, along the eastern side of said last-mentioned private right-of-way, North 02 degrees, 33 minutes, 34 seconds East, a distance of 535.77 feet to a spike, the place of BEGINNING. Containing 3.908 net acres, more or less. Parcel #4: BEGINNING at an iron pin at the southern side of a 50 feet wide private right-of-way which parallels Carlisle Pike, and at the northeast corner of Parcel #3, hereinabove described, said iron pin being located 996.05 feet, more or less, from the center line of Salem Church Road; thence, along the southern side of the aforementioned private right-of- way, South 65 degrees, 19 minutes, 30 seconds East, a distance of 250 feet to a concrete monument at the line of lands now or formerly of Hall's Motor Freight, Inc.; thence, along the line of said last-mentioned lands, South 25 degrees, 07 minutes, 50 seconds West, a distance of 1,309.87 feet to a concrete monument at the line of lands now or formerly of Steward Myers; thence, along said land now or late of Myers, North 14 degrees, 56 minutes, 24 seconds West, a distance of 385.24 feet to an iron pin at the line of lands of Pennsylvania Power & Light Company,; thence, along the line of lands of Pennsylvania Power & Light Company, North 25 degrees, 05 minutes, 52 seconds East, a distance of 463.48 feet to an iron pin at the southern side of a 50 feet wide private right-of-way; thence, across the eastern terminus of the aforementioned right-of-way and along the eastern side of Parcel #3, hereinabove described, North 24 degrees, 57 minutes, 0 seconds East, a distance of 549.60 feet to an iron pin, the place of BEGINNING. Containing 6.628 net acres, more or less. BEING TAX PARCEL NO. 10-19-1606-018 PREMISES BEING: 6820 Carlisle Pike a/k/a 90 Salem Church Road Hampden Township Mechanicsburg, PA 17050 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Stanley N. Dye and Susan E. Dye, Mortgagors herein, under Judgment No. 2013-848. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by Ronald S. Raffensperger, Registered Surveyor, dated March 11, 1982, as follows, to wit: BEGINNING at a point in the center of Salem Church Road, also known as L.R. Rt. No. 21069, which point is at the Southeast comer of lands now or formerly of Jay Wilson; thence through the center of Salem Church Road South four (4) degrees West three hundred fifteen and forty-four one-hundredths (315.44) feet to a point; thence along lands now or formerly of Roger Stapp South seventy-six (76) degrees West a distance of twenty-two and eighty-six one-hundredths (22.86) feet to an iron pin; thence along lands now or formerly of Roger Stapp and Frank E. Broxtermann, South seventy-six (76) degrees West a distance of one thousand forty-three and thirty-eight one-hundredths (1,043.38) feet to an iron pin and pipe marker at the line of lands now or formerly of Margaret Masters; thence along the same North seven (7) degrees ten (10) minutes West a distance of three hundred two and fifteen one-hundredths (302.15) feet to an iron pin on the South side of lands now or formerly of W. W. Kelley; thence along same and lands now or formerly of Jay Wilson North seventy-six (76) degrees East a distance of one thousand one hundred two and forty-four(1,102.44) feet to an iron pin; thence along lands now or formerly of Jay Wilson seventy-six (76) degrees East a distance of twenty- five and thirty-three one-hundredths (25.33) feet to a point in the center of Salem Church Road, the place of BEGINNING. HAVING THEREON erected a mobile home park known as "The Six Links Mobile Home Park." BEING TAX PARCEL NO. 10-20-1838-005 PREMISES BEING: 155 Salem Church Road Hampden Township Mechanicsbu[g, PA 17050 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Stanley N. Dye and Susan E. Dye, Mortgagors herein, under Judgment No. 2013-848. Steven J. Schiffman, Esq. Jeni S. Madden, Esq. `-,) PA ID Nos. 25488 & 209536 �� a l SERRATELLI, SCHIFFMAN,&BROWN,P.C. 2M -0 M -.. 2080 Linglestown Road, Suite 201 cnr- Harrisburg, PA 17110-9670 r'<- t° ° (717) 540-9170 y. ©. sschiffmankssbc-law com zo 3 D� N C)r, imadden(2Lssbc-law com cn , -.< MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 2013-848 STANLEY N. DYE and SUSAN E. DYE Civil-Mortgage Foreclosure Defendants WAIVER OF WATCHMAN Any Deputy Sheriff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whoever is found in possession, (after notifying such person of such levy or attachment), without liability on the part of such Deputy or the Sheriff to any Plaintiff herein for any loss, destruction or removal of any such property before Sheriff's Sale thereof ky flu JeS adden for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-848 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due MID PENN BANK Plaintiff(s) From STANLEY N.DYE&SUSAN E.DYE (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $1,974,448.76 L.L.:$.50 Interest $67,640.63 THRU 2/8/13 Arty's Comm:$32,700.00 THRU 2/8/13 Due Prothy:$2.25 Arty Paid: $146.119 Other Costs: Plaintiff Paid: Date: 4/9/13 - David D.Buell,ProthonottLyy (Sea]) Deputy REQUESTING PARTY: Name: JENI S.MADDEN,ESQUIRE Address:SERRATELLI,SCHIFFMAN&BROWN,P.C. 2080 LINGLESTOWN ROAD,SUITE 201 HARRISBURG,PA 17110 Attorney for: PLAINTIFF Telephone: 717-540-9170 Supreme Court ID No.209536 Steven J. Schiffman, Esq. II'lF, THE ROTHONOTARY Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 H-1 3 AUG 27 FM 1' q 5 SERRATELLI SCHIFFMAN,&BROWN,P.C. 2080 Linglestown Road, PENNSYLVANIA 201 CUMBERLAND NSYL COUNTY WANlA Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman a_ssbc-law.com jmaddenga ssbc-law.com MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 2013-848 STANLEY N. DYE and SUSAN E. DYE : Civil—Mortgage Foreclosure Defendants : AFFIDAVIT OF SERVICE 1, Jeni S. Madden, Esquire, attorney for the Plaintiff in the within matter, hereby certify on the 30th day of July, 2013, true and correct copies of the Notice of Sheriff's Sale of Real Property were served on all pertinent lienholders, as set forth in the Affidavit Pursuant to 3129.1 which is attached hereto as Exhibit"A". Copies of the certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit"B". eni S. Madden, Esquire Attorney for Mid Penn Bank SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF mar ,2013, 4 � R MMY IP RY, O AR BLIC NOTARIAL SEAL TAMMY E DIPPERY Notary Public SUSQUEHANNA TWP.,DAUPHIN COUNTY My Commission Expires Aug 6,2016 PLAINTIFF'S EX IBIT g E m J. Steven J. Schiffman, Esq. Jeni S. Madden, Esq. T'7E Pro TflONO TAR Y PA ID Nos. 25488 &209536 2013 P _9 SERRATELLI, SCHIFFMAN,&BROWN,P.C. Pty 2: 49 2080 Linglestown Road, Suite 201 CUMBERLAND CCU Harrisburg, PA 17110-9670 PENNSYLVANIA COUNTY (717)540-9170 sschiffmanassbc-lave com imadden@ssbc-la.3 com MID PENN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. STANLEY N. DYE and SUSAN E. DYE Not Defendants I AFFIDAVIT PURSUANT TO RULE 3129.1 I, Jeni S. Madden, Esquire, attorney for Mid lenn Bank, Plaintiff in the above action, set forth the following information as of the date the Praeci e for the Writ of Execution was filed concerning the real property located in Cumberland County, Pii nnsylvania, more fully described in Exhibit "A," attached hereto. l• Name and address of owners or reputed own s ; Stanley N. Dye 35 W. North Street Carlisle, PA 17013 Susan N. Dye I 35 W. North Street Carlisle,PA 17013 2- Name and address of defendants in the 'ud ment: Stanley N. Dye 35 W. North Street Carlisle,PA 17013 Susan N. Dye 35 W. North Street Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Mid Penn Bank 349 Union Street Millersburg, PA 17061 Township of Hampden c/o Keith Brenneman, Esquire Snelbaker& Brenneman, P.C. 44 W. Main Street Mechanicsburg,PA 17055 Township of Hampden 230 S. Sporting Hill Road Mechanicsburg, PA 17055 Farmers and Merchants Trust Co. of Chambersburg C/o Scott Dietterick,Esquire James,Smith, Dietterick& Connelly,L.L.P. P.O. Box 650 Hershey, PA 17033 Orrstown Bank c/o Elizabeth J. Goldstein,Esquire Dilworth Paxson, LLP 112 Market Street, Suite 800 Harrisburg,PA 17101 Cumberland County Tax Claim Bureau c/o Stephen Tiley,Esquire Frey& Tiley 5 S Hanover Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mort a e of record: Mid Penn Bank 349 Union Street Millersburg, PA 17061 Orrstown Bank North Middleton Office 77 East King Street PO Box 250 Shippensburg,PA 17257 Richard S. Deitch 2122 Newville Road Carlisle, Pennsylvania 17013 Magnolia Portfolio,LLC c/o Sabal Financial Group,L.P. 4675 MacArthur Court,Suite 1550 Newport Beach,CA 92660 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Commonwealth of Pennsylvania P.O. Box 2675 Department of Public Welfare Harrisburg,PA 17105 Commonwealth of Pennsylvania 1400 Spring Garden St. Inheritance Tax Office Philadelphia,PA 19130 PA Department of Revenue Commonwealth of Pennsylvania 6`h Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit PO Box 8486 Estate Recovery Program Harrisburg,PA 17105-8486 Internal Revenue Service William Green Federal Building Technical Support Group Room 3259,600 Arch Street Cumberland County Tax Claims Office 1 Courthouse Square Room 110 Carlisle,PA 17013 PA Department of Revenue Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128 Verification I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsown falsification to authorities. d vl G l�l Date: / -z 1 3 Jeni adden, Esq. Att ey for Plaintiff LEGAL DESCRIPTION ALL THOSE CERTAIN three parcels of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: Parcel #2: BEGINNING at a point in the center line of Salem Church Road, said point being located also at the southern side of a 50 feet wide private right-of-way and also being located southwardly from the center line of Carlisle Pike (U.S. Route 11), a distance of 568.84 feet, more or less; thence, along the South side of the aforementioned 50 feet wide right-of-way, South 65 degrees, 41 minutes, 14 seconds East, a distance of 525.59 feet to a point in the center line of a second 50 feet wide private right-of-way; thence along the center line of said second 50 feet wide private right-of-way, South 02 degrees, 33 minutes, 34 seconds West, a distance of 255 feet to a spike; thence, along the line of lands now or formerly of Ira B. Geib, North 65 degrees, 44 minutes, 52 seconds West, a distance of 527 feet to a point in the centerline of Salem Church Road; thence, along the center line of Salem Church Road, North 02 degrees, 54 minutes 0 seconds East, a distance of 255 feet to a point, the place of BEGINNING. Containing 2.769 net acres, more or less. Parcel #3: BEGINNING at an iron spike which is at the intersection of the eastern side of a 50 feet wide right-of-way which parallels Salem Church Road and at the southern side of a 50 feet wide private right-of- way which parallels Carlisle Pike, said spike also being located 552.44 feet, more or less, from the center line of Salem Church Road; thence along the southern side of the 50 feet wide right-of-way which parallels the Carlisle Pike, South 65 degrees, 41 minutes, 14 seconds East, a distance of 249 feet to an iron pin; thence, continuing along the southern side of the last-mentioned right-of-way, South 65 degrees, 19 minutes, 30 seconds East, a distance of 194.61 feet to an iron pin at the line of Parcel #4, hereinafter described; thence along said last-mentioned line, South 24 degrees, 57 minutes, 0 seconds West, a distance of 499.60 feet to an iron pin; thence along the northern side of still another 50 feet wide private right-of-way, North 64 degrees, 55 minutes, 38 seconds West, a distance of 239.51 feet to a spike at the eastern side of the 50 feet wide private right-of-way, parallel to Salem Church Road, first mentioned herein; thence, along the eastern side of said last-mentioned private right-of-way, North 02 degrees, 33 minutes, 34 seconds East, a distance of 535.77 feet to a spike, the place of BEGINNING. Containing 3.908 net acres, more or less. Parcel #4: BEGINNING at an iron pin at the southern side of a 50 feet wide private right-of-way which parallels Carlisle Pike, and at the northeast corner of Parcel #3, hereinabove described, said iron pin being located 996.05 feet, more or less, from the center line of Salem Church Road; thence, along the southern side of the aforementioned private right-of- way, South 65 degrees, 19 minutes, 30 seconds East, a distance of 250 feet to a concrete monument at the line of lands now or formerly of Hall's Motor Freight, Inc.; thence, along the line of said last-mentioned lands, South 25 degrees, 07 minutes, 50 seconds West, a distance of 1,309.87 feet to a concrete monument at the line of lands now or formerly of Steward Myers; thence, along said land now or late of Myers, North 14 degrees, 56 minutes, 24 seconds West, a distance of 385.24 feet to an iron pin at the line of lands of Pennsylvania Power & Light Company,; thence, along the line of lands of Pennsylvania Power & Light Company, North 25 degrees, 05 minutes, 52 seconds East, a distance of 463.48 feet to an iron pin at the southern side of a 50 feet wide private right-of-way; thence, across the eastern terminus of the aforementioned right-of-way and along the eastern side of Parcel #3, hereinabove described, North 24 degrees, 57 minutes, 0 seconds East, a distance of 549.60 feet to an iron pin, the place of BEGINNING. Containing 6.628 net acres, more or less. BEING TAX PARCEL NO. 10-19-1606-018 PREMISES BEING: 6820 Carlisle Pike a/k/a 90 Salem Church Road Hampden Township Mechanicsburg, PA 17050 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Stanley N. Dye and Susan E. Dye, Mortgagors herein, under Judgment No. 2013-848. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey made by Ronald S. Raffensperger, Registered Surveyor, dated March 11, 1982, as follows, to wit: BEGINNING at a point in the center of Salem Church Road, also known as L.R. Rt. No. 21069, which point is at the Southeast corner of lands now or formerly of Jay Wilson; thence through the center of Salem Church Road South four (4) degrees West three hundred fifteen and forty-four one-hundredths (315.44) feet to a point; thence along lands now or formerly of Roger Stapp South seventy-six (76) degrees West a distance of twenty-two and eighty-six one-hundredths (22.86) feet to an iron pin; thence along lands now or formerly of Roger Stapp and Frank E. Broxtermann, South seventy-six (76) degrees West a distance of one thousand forty-three and thirty-eight one-hundredths (1,043.38) feet to an iron pin and pipe marker at the line of lands now or formerly of Margaret Masters; thence along the same North seven (7) degrees ten (10) minutes West a distance of three hundred two and fifteen one-hundredths (302.15) feet to an iron pin on the South side of lands now or formerly of W. W. Kelley; thence along same and lands now or formerly of Jay Wilson North seventy-six (76) degrees East a distance of one thousand one hundred two and forty-four (1,102.44) feet to an iron pin; thence along lands now or formerly of Jay Wilson seventy-six (76) degrees East a distance of twenty- five and thirty-three one-hundredths (25.33) feet to a point in the center of Salem Church Road, the place of BEGINNING. HAVING THEREON erected a mobile home park known as "The Six Links Mobile Home Park." BEING TAX PARCEL NO. 10-20-1838-005 PREMISES BEING: 155 Salem Church Road Hampden Township Mechanicsburq, PA 17050 UNDER AND SUBJECT to and together with easements, exceptions, reservations, restrictions, rights of way, covenants and conditions as contained in prior instruments of record. SEIZED AND TAKEN in execution as the property of Stanley N. Dye and Susan E. Dye, Mortgagors herein, under Judgment No. 2013-848. Steven J. Schiffinan, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN,&BROWN,P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffinan@ssbc-law.com imadden@ssbc-law.com MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 2013-848 STANLEY N. DYE and SUSAN E. DYE Civil—Mortgage Foreclosure Defendants AFFIDAVIT OF SERVICE I, Jeni S. Madden, Esquire, attorney for the Plaintiff in the within matter, hereby certify on the 301h day of June, 2013, true and correct copies of the Notice of Sheriff's Sale of Real Property were served on all pertinent lienholders, as set forth in the Affidavit Pursuant to 3129.1 which is attached hereto as Exhibit"A". Copies of the certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit`B". Jeni S. Madden, Esquire Attorney for Mid Penn Bank SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF ,2013, TAMMY E.DIPPERY,NOTARY PUBLIC I N LL- m Z gW Ells'aN 6�agwnlg Name and Address of Sender Check type of mail or service: I ❑Adult Signature Required 13 Ad01t Signature Restricted Delivery Affix Stamp Here certificate as a ❑ Certified Mail ❑ Recorded Delivery(International) � certificate of mailing (� t.PJ�•wh I��� ❑ COD ❑ Registered ere � or for additional C3 f l i Delivery Confirmation El Return Receipt for Merchandise copies of this bill) -{o/yy5�j✓ f'f7 l I [3 Express Mail ❑ Signature Confirmation Postmark and U ❑ Insured _ _ _ _ Date of Receipt T . Article Number Adrt- .MI. o V—.t r';n .,, cra, P 710!`--TM, Postage Fee Handling Actual Value i Insured__ _1 Due Sender ASR ASRD DC SC SH RD RR _ Charge if Registered Value ; if COD Fee Fee Fee Fee Fee Fee Fee Commonwealth of Pennsylvania i Department of Public Welfare P.O.Box 2675 Harrisburg,PA 17105 2. �r— Commonwealth of Pennsylvania i I Inheritance Tax Office I 1400 Spring Garden St. Philadelphia,PA 19130 3. Cumberland County Tax Claims Office 1 Courthouse Square Room 110 4. Carlisle,PA 17013 -- i I Orrstown Bank North Middleton Office 77 East King Street PO Box 250 5•. Shippensburg,PA 17257 Department of Public Welfare TPL Casualty Unit s _ Estate Recovery Program 6. Willow Oak Building PO Box 8486 Harrisburg,PA 17105-8486 Q Internal Revenue Service Technical Support Group 7. William Green Federal Building Room 3259,600 Arch Street Philadelphia,PA 19106 PA Department of Revenue _ 8. Bureau of Compliance Lien Section P.O.Box 280948 Harrisburg,PA 17128 Total Number of Pieces Total Numbe of Pieces I Richard S.Deitch ceived Listed by Sender Re at t Office 2122 Newville Road Carlisle,Pennsylvania 17013 PS Form 3877, June 2011 (Page 1 of 2) Ink,or Ball Point Pen See Privacy Act Statement on Reverse Name and Address of Sender Check type of mail or service: D Adult Signature Required 13 Adtllt Signature Restricted Delivery Affix Stamp Here g a issued as a ❑ Certifed Mail ❑ Recorded Delivery(International) certificate of mailing ailing kJ COD Registered or for additional "13 //1Q l ❑ Delivery Confirmation ❑ Return Receipt for Merchandise copies of this bill) id�r,���U,l 6l' 1 ❑ Express Mail ❑ Signature Confirmation Postmark and Vi ❑ Insured Date of Receipt _ _ —_--' -- °' " -'- '•' Postage Fee Handling !Actual Value Insured Due Sender ASR ASRD DC SC SH RD RR Article Number g I Charge if Registered Value if COD_ Fee Fee Fee Fee Fee Fee Fee Stanley N.Dye 35 W.North Street j ! Carlisle,PA 17013 i 2. Susan N.Dye 35 W.North Street Carlisle,PA 17013 Township of Hampden "T 3. c/o Keith Brenneman,Esquire Snelbaker&Brenneman,P.C. 44 W.Main Street Mechanicsburg,PA 17055 4 Township of Hampden l 230 S.Sporting Hill Road Mechanicsburg,PA 17055 Farmers and Merchants Trust Co. of S' ! Chambersburg I c%Scott Dietterick,Esquire James,Smith,Dietterick&Connelly,L.L.P. P.O.Box 650 0` Hershey,PA 17033 I k Orrstown Bank ! c/o Elizabeth J.Goldstein,Esquire Dilworth Paxson,LLP ( ' 112 Market Street,Suite 800 ( S 7• Harrisburg,PA 17101 rA department of Revenue \ /�^��° �V•i� .. r Commonwealth of Pennsylvania I r•. Bureau of individual Tax Inheritance Tax Division 6`h Floor,Strawberry Square I 8. Department#280601 3 Harrisburg,PA 17128 Cumberland County Tax Claim Bureau �� l c/o Stephen Tiley,Esquire Total Number of Pieces Total Nu ber 9f Pieces I Frey&Tiley Listed by Sender Receive4 at P st Orrce 5 g Hanover Street Carlisle,PA 17013 PS Form 3877,June 2011 (Page 1 of 2) Ink,or Ball Point Pen See Privacy Act Statement on Reverse Name and Address of 5ender Check type of mail or service: Affix Stamp Here /�,� t�^�^ n I Adult Signature Required Adult Signature Restricted Delivery (If issued as a r t Y 1� tttt////���^^^^��'' [3 13❑ Certified Mail ❑ Recorded Delivery(International) certificate of mailing ❑ COD ❑ Registered or for additional �d0 ,t' '� ❑ Delivery Confirmation ❑ Return Receipt for Merchandise copies of this bill) I E3 Express Mail [I Signature Confirmation Postmark and i 13 Insured _ Dafe of Recetpt_T -- ---- —'�"-- i Handling Actual Value Insured Due Sender ASR ASRD DC SC SH RD �RR Article Number Addressee(Name,Street,City,State,& 21P Coder"") Postage Fee , Charge j if Registered Value if COD Fee Fee t Fee Fee I Fee i Fee I Fee 1. Magnolia Portfolio,LLC c/o Sabal Financial Group,L.P. 4675 MacArthur Court,Suite 1550 + Newport Beach,CA 92660 .... tJ Total Number of Pieces Total Number of Pieces Postmaste Per(Name of receiving employee) Listed by Sender Recei d t o Mce 1 0 0 j PS Form 3877,June 2011 (Page 1 of 2) Complete by Typewriter,Ink,or Ball Point Pen See Privacy Act Statement on Reverse SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ro Chief Deputy, —Li h `_! C Richard W Stewart n! J?, ' „Ty Solicitor oFFkCE OrTHEsN:Rtrr PENNSYLVANIA Mid Penn Bank vs. Case Number Stanley N Dye(et al.) 2013-848 SHERIFF'S RETURN OF SERVICE 06/25/2013 05:04 PM - Deputy Noah 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 155 Salem Church Road, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 07/03/2013 03:26 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 6820 Carlisle Pike a/k/a 90 Salem Church Road, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 07/17/2013 10:58 AM -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 Joseph Buckley, ESQ, who accepted as"Adult Person in Charge"for Stanley N Dye at do Joseph D. Buckley, Esq., 1237 Holly Pike, Carlisle, PA 17013, Cumberland County. 07/17/2013 10:58 AM - 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 Joseph Buckley, ESQ, who accepted as"Adult Person in Charge"for Susan E Dye at do Joseph D. Buckley, Esq., 1237 Holly Pike, Carlisle, PA 17013, Cumberland County. 09/03/2013 As directed by Jeni S. Madden, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 09/30/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $2,550.61 SO ANSWERS, October 07, 2013 ROWS'R ANDERSON, SHERIFF (C)CountySuite Sheriff Teieosoft,Inc. The Patriot-News Co. 01 1900 Patriot Drive a rlo �W� Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller 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 1900 Patriot Drive, 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 he 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 he 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. - ..r Mum, Nnrth 1e rlaarrrc S6 minutac-24 1 13.840CN!l•Tenn This ad ran on the date(s)shown below: il MID PENN BANK 07/28/13 ' STANLEY N DYE . 08/04/13 Susan E Dye Any: Jen!S.Madden !n 08/11/13 II ALL THOSE CERTAIN three parcels of { (II land situate hi the Township of Hampden, j v/j if i ' County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described as follows: Parcel#2: BEGINNING at a point in the l Swim to .nd subscribed b - - . Lethi_ 3 day of August, 2013 A.D. center line of Salem Church Road,said point ' ' 1 being located also at the southern side of a 50 I feet wide private right-of-way and,also being '&IL ♦ ' - 1 ..\ ' located southwardly from the center line of ___ - Carlisle Pike(U.S.Route 11),a distance of i 1 V O+=ry 'UbIIC II - 568.84 feet,more or less;thence,along the II l South side of the aforementioned 50 feet wide j I right-of-way,South 65 degrees,41 minutes, I I 14 seconds East,a distance of 525.59 feet to , 1 a point in the center line of a second 50 feet COih;(yNWEAL'fliF °�t''?Yh� i '� n wide private rightof-way;thence along the 'Ir Notarial Seal 1 center line of said second 50feetwideprivate fioliy Lynn Warfel,Notary Public minutes, � Dau hin i:aunty righfofway,South 02 � 1Nasi�in�to�'1'wp., P 34 secends West,a distance of 255 feet to a i ,,ty Commission Expir es Dec 12 `016 spike;thence,along the line of lands now or l L__.__.®---- { formerly of Ira B.Gee line North 65 degrees, ! nnE✓�c F ;p c'f +ar:0ip.as iaTXf}v OF IvOTA ZIE AA........gym GI...w....lc,Woe* u.l:clo.u.n..a fr • k �, r`�'t3' f EL'i1�, Cd' M B E R LAND C(-'t iDENNSYLVfl, lA Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, &BROWN,P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffmangssbc-law.com jmadden(a,ssbc-law_com MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No. 2013-848 STANLEY N. DYE and SUSAN E. DYE Civil —Mortgage Foreclosure Defendants PRAECIPE TO DISCONTINUE AND SATISFY JUDGMENT TO THE PROTHONOTARY: Upon receipt of this Praecipe, kindly discontinue and end the above-captioned matter and mark the judgment entered and docketed April 9, 2013 against Defendants in the above- captioned matter as satisfied. Respectfully submitted, SERRATELLI, SCHIFFMAN& BROWN, P.C. Date: June 12, 2014 By ( AC U ialD n J. Schiffman, Esquire . Madden, Esquire Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170