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HomeMy WebLinkAbout13-1906 Supreme C F nnsylvania Con leas Cu County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Q Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: BELCO COMMUNITY CREDIT UNION DANIEL F PARSON JR Dollar Amount Requested: ❑within arbitration limits Are money damages requested? 0 Yes ❑ No (check one) ❑x outside arbitration limits g Is this a Class Action Suit? [3 Yes No Is this an MDJAppeal? [3 Yes No ' i Name of Plaintiff /Appellant's Attorney: EUGENE E PEPINSKY JR ESQ ❑ Check here if you have no attorney (are a Self - Represented JPro Sep Litigant) Cam Place an "X" to the left of the ONE case category that most accurately describes your PWALW CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections Nuisance Dept. of Transportation r Premises Liability Statutory Appeal: Other ❑ Product Liability (does not include [3 Employment Dispute: mass tort) [3 Slander/Libel/ Defamation Discrimination [3 Other: Employment Dispute: Other [3 Zoning Board [3 Other: ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ® Other: 13 Ejectment [3 Common Law /Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent Mandamus [3 [3 Landlord/Tenant Dispute Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure: Commercial ❑ Quo Warranto 13 Dental ❑ Partition ©Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1 /1/1011 r KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108 -1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff o CIVIL ACTION - LAW c c V. w CD MORTGAGE FORECLOSU .° DANIEL F. PARSON, JR. : t -0 d-n Defendant v= :C c�a NOTICE CD 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 NOT FEE. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 AVISO LISTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda 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 falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinera reclamada en la demanda o cualquier otra reclamacion o remedio solicitado pro 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 para usted. a� +s I D3.7Sp�1 a N wsw 0?$g60(c • KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108 -1963 USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN 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. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 KEEFER, WOO LEN & RAHAL Date: April 5, 2013 By: -� 1 Eugene E. Pepinsk Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108 -1963 (717) 255 -8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108 -1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. MORTGAGE FORECLOSURE DANIEL F. PARSON, JR. Defendant COMPLAINT 1. Plaintiff is BELCO Community Credit Union, whose address is 449 Eisenhower Boulevard, Harrisburg, Pennsylvania 17111. 2. Defendant is Daniel F. parson, Jr., an adult individual, whose last known address is 233 Allen Road, Carlisle, Pennsylvania 17015. 3. Defendant is the owner of a tract(s) or parcel(s) of land with buildings and other improvements thereon located at 233 Allen Road, Borough of Carlisle, Cumberland County, Pennsylvania (the "Premises "). The Premises are more fully described hereinafter. 4. On or about April 13, 2011, Defendant, for good and valuable consideration, executed and delivered a Promissory Note (the "Note ") to Plaintiff. A true and correct copy of the Note is attached hereto, made a part hereof and marked Exhibit A. 5. On or about April 13, 2011, Defendant executed an Open -End Mortgage in favor of Plaintiff (the "Mortgage "), which Mortgage was duly recorded in the Office of the Recorder of Deeds, in and for Cumberland county, Pennsylvania, at Instrument Number 201111195. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit B. 6. The failure of the Defendant, among other things, to pay when due and payable the payments under the Note constitutes a "default' as defined under the terms of the Mortgage. 7. The Defendant has failed and refused, among other things, to make payments due and payable under the Note. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108 -1963 8. The terms of the Mortgage provide that upon the occurrence of a default by the Defendant, the Plaintiff may accelerate and demand immediate payment of all sums due under the Mortgage. 9. The sum presently due and payable to Plaintiff by Defendant which is secured by the Mortgage is computed as follows: a. Unpaid Principal $255,606.51 b. Accrued Interest through 04/04/13 $ 13,407.72 C. Late Charges through 04 /04/13 $ 520.32 d. Attorney's Fees $ 5,000.00 TOTAL $274,534.55 10. Notice of the availability of mortgage assistance under the Homeowners Emergency Mortgage Disclosure Act of 1993 (Act 91) was not required. 11. Notice of Intention to Foreclose pursuant to Section 403 of Act 6 was not required. WHEREFORE, Plaintiff demands judgment in the sum of $274,534.44, together with interest as may accrue from and after April 5, 2013, and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Premises. KEEFER, WOOD & RAHAL, LLP Date: April 5, 2013 By; Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108 -1963 (717) 255 -8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108 -1963 VERIFICATION The undersigned, Drew Oyler, hereby verifies and states that: 1. He is I GL, of BELCO Community Credit Union, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made a to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to oriti Drew Oyler Dated: April 01, 2013 19ORROWER NAME AND ADDRESS LENDER NAME AND ADDRESS LOAN DESCRIPTION DANIEL F. PARSON JR.; IAN ANDERSON BELCO COMMUNITY CREDIT UNION D /B /A SHOOTING THE X COMMERCIAL SERVICES DEPARTMENT Number 890383 233 ALLEN RD 449 EISENHOWER BLVD Amount $ 254,000.00 CARLISLE, PA 17013 HARRISBURG, PA 17111 Date 04.13 -2011 ❑ Refer to the attached Signature Addendum, incorporated herein, for additional Borrowers and their signatures. COMMERCIAL PROMISSORY NOTE DATE. The date of this Promissory Note (Note) is 04.13.2011 GOVERNING AGREEMENT. This Note is further governed by the Commercial Loan Agreement between Lender and Borrower dated 04. 13.2011 as modified, amended, or supplemented. All definitions of terms in the Commercial Loan Agreement apply to this Note as well, Upon execution of this Note, Borrower represents that Borrower has reviewed and is in compliance with all Loan Documents and the Commercial Loan Agreement. PROMISE TO PAY. For value received, Borrower promises to pay Lender or Lender's order, at Lender's address, ® $ 254,000.00 F1 $ (Principal). (Principal) or the Borrowing Base, whichever is less. ❑ Single Advance. Borrower will receive all of this Principal in one advance. No additional advances are contemplated under this Note. IM Multiple Advances. The Principal amount stated above is the maximum amount of Principal that Borrower may borrow under this Note. On 04.13.2011 Borrower will receive $ 223,792.00 and future advances are contemplated. The conditions for future advances are stated in the Commercial Loan Agreement. INTEREST. Borrower agrees to pay interest on the outstanding Principal balance of this Note at the rate of 6.500 Interest accrues on a ACTUAU365 percent per year until 10•13.2016 basis. For interest calculation, the accrual method will determine the number of days in a year. ❑ Variable Rate. ❑ Post Maturity/Default Interest. Borrower agrees to pay interest on the unpaid balance of this Note owing after MATURITY/DEMAND. This Note is IS DUE ON DEMAND, BUT IF NO DEMAND IS MADE ON 10.13.2016 PAYMENT. Borrower agrees to pay this Note as follows: ON DEMAND, BUT IF NO DEMAND IS MADE THEN MONTHLY PAYMENTS OF ACCRUED INTEREST CALCULATED ON THE AMOUNT OF CREDIT OUTSTANDING BEGINNING ON 05.13.2011, FOLLOWED BY 59 MONTHLY PAYMENTS OF $1,715.85 BEGINNING 11.13.2011, AND A FINAL PAYMENT OF $231,788.34 ON 10- 13.2016. AU payments must be made in United States dollars. Each payment Borrower makes on this Note will be applied first to any charges Borrower owes other than Principal and interest, then to interest that is due, and finally to Principal that is due. If Lender and Borrower agree to a different application of payments, that application will be described on this Note. The actual amount of Borrower's final payment will depend upon Borrower's payment record. USE OF PROCEEDS: IMPROVEMENTS ON REAL ESTATE LOCATED AT 233 ALLEN RD. CARLISLE, PA 17013. WAIVERS AND CONSENT. Borrower waives protest, presentment for payment, demand and notices of acceleration, intent to accelerate, and dishonor (if allowed by law). COMMERCIAL PROMISSORY NOTE -PA VMP® Bankers SystemsTM Wolters Kluwer Financial Services ® 2001, 2009 OMM- NOTE -PA 10/30/2009 VMP C504(PA) (091000 Page 1 of 2 GG' AD bITIONAL TERMS. UPON DEFAULT, INCLUDING FAILURE TO PAY UPON FINAL MATURITY, LENDER, AT ITS OPTION, MAY, IF PERMITTED UNDER THE APPLICABLE LAW INCREASE THE INTEREST RATE OF THIS COMMITMENT TO 18% PER ANNUM. THE INTEREST RATE WILL NOT EXCEED THE MAXIMUM RATE PERMITTED BY APPLICABLE LAW. IF JUDGEMENT IS ENTERED IN CONNECTION WITH THIS COMMITMENT, INTEREST WILL CONTINUE TO ACCRUE AFTER JUDGEMENT AT THE EXISTING INTEREST RATE BY THIS COMMITMENT. ® WARRANT OF AUTHORITY TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to Lender, by sing below Borrower irrevocably authorizes the prothonotary, clerk, or any attorney to appear in any court of record having Jurisdiction over this matter and to confess Judgment against Borrower at any time without stay of �u service of process, and process. Borrower agrees and understands that Judgment may be confessednst Borrower waives notice, principal, accrued interest, and accrued charges due on this Note, plus coll ection costs and reasonable borrower for any unpaid the Judgment. The exercise of the power to confess u a� fees up a 15 percent e done as often as Lender elects. Borrower further understands that Borrower's this warrant of a sei a t confess Judgment and may he debt owed. Borrower property may be seized without prior notice to satisfy the n �+�giy, Intentionally, and voluntarily waives any and all constitutional rights Borrower has to pre - deprivation state laws and fully understand the consequences of this waiver. signing i iately low, I agrce the terms of the CONFESSION OF JUDGMENT Signature Sigwture SIGNATURES. By signing below, Borrower agrees to the terms contained in this Note. Borrower also acknowledges receipt Of a copy of this Note. BORROWER: SHOOTING THE X Entity Name Signature 7 r3 zA(( PARSON JR. Date Signature Date — Signature IAN ANDERSON Date Signature Date LENDER: BELCO COMMUNITY CREDIT UNION, COMMERCIAL SERVICES DEPARTMENT Entity Name Signature MICHAEL WOLFE, CIAL SERVICES MANAGER Date / Signature Date COMMERCIAL PROMISSORY NOTE -PA VMP® Bankers systemsiM Wolters Kluwer Financial Services ® 2001, 2009 COMM- NOTE -PA 10/30/2009 VMP Cb04(PA) (0910).00 Page 2 of 2 00078F Prepared By: BELCO COMMUNITY CREDIT UNION 449 EISENHOWER BLVD HARRISBURG, PA 17111 Return To: BELCO COMMUNITY CREDIT UNION 449 EISENHOWER BLVD HARRISBURG, PA 17111 Parcel Number: 50.21.0329.003 Premises: 233 ALLEN RD, CARLISLE, PA 17013 -- Commonwealth of Pennsylvania Space Above This Line For Recording Data — OPEN -END MORTGAGE This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is 04.13.2011 The parties and their addresses are: MORTGAGOR: DANIEL F. PARSON JR. 233 ALLEN RD CARLISLE, PA 17013 Q If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. security instrument-commercial/Agricultural-PA VMP® Bankers SystemsTM 1 i t•PA 007 /27/2 AGCO- RES Wolters Kluwer Financial Services tai 1994, 2007 VC O -RES -PA 1 127/2 ,00 Initials: l Page 1 of is LENDER: BELCO COMMUNITY CREDIT UNION COMMERCIAL SERVICES DEPARTMENT 449 EISENHOWER BLVD HARRISBURG, PA 17111 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described property: SEE ATTACHED EXHIBIT A The property is located in CUMBERLAND at 233 ALLEN RD (County) CARLISLE Pennsylvania 17013 (Address) (City) (Zip Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, all water and riparian rights, wells, ditches, reservoirs, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property "). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 254,000.00 This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. Security Instrument - Commercial /Agricultural -PA VMPO Bankers Syatemslru AGCO- RESI -PA 11/27/2007 Wolters Kluwer Financial Services ® 1994. 2007 nitials• +i 11'' jl _jfPPC5951PA1 (0711)-00 I Pnge 2 of 18 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) $254,000 COMMERCIAL LOAN B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Security Instrument whether or not this Security instrument is specifically referenced. If more than one person signs this Security instrument, each Mortgagor agrees that this Security instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. Security Instrument- CommercW/Agrieultural -PA VM P® AG RES! -PA 127 0 0 112 7 /2007 Sankars SystemsTm ESI- 1 Wolters Kluwer Financial Services 0 1994, 2007 Initials: � ) 1 20 (0 3 01 10 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10.TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if: A. A beneficial interest in Mortgagor is sold or transferred. B. There is a change in either the identity or number of members of a partnership or similar entity. C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity. Security Instrument- Commercial /Agricultural -PA VMP® Bankers System5TM AGCO•RESI -PA 7112712007 Wolters Kluwcr Financial Services IV 1994, 2007 Initials: 4) )6�1005951PA1 1071 11.00 Page 4 of IS However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security instrument. 11. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Mortgagor makes to Lender the following warranties and representations which shall continue as long as the Secured Debt remains outstanding: A. Mortgagor is duly organized and validly existing in Mortgagor's state of incorporation or organization. Mortgagor is in good standing in all states in which Mortgagor transacts business. Mortgagor has the power and authority to own the Property and to carry on its business as now being conducted and, as applicable, is qualified to do so in each state in which Mortgagor operates. B. The execution, delivery and performance of this Security Instrument by Mortgagor and the obligations evidenced by the Secured Debt are within the power of Mortgagor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than previously disclosed in writing to Lender, Mortgagor has not changed its name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Mortgagor shall not partition or subdivide the Property without Lender's prior written consent. Security Instrument-Commercial/Agricultural-PA VMPO BankersSystemsTM AGCO•RESI•PA 11/2712007 Wolters Kluwer Financial Services © 1994, 2007. VMPC595iPA1 107111.00 Initials. 5 of 18 Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 13. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 14. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, conveys and mortgages to Lender as additional security all the right, title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to, any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to, security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). in the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are Securr3� lnstruntent- Commercial /Agricultural -PA VMPO Bankers SystemsTM AGCO - REST -PA 11/27/2007 Wolters Kluwer Financial Services C 1994, 2007 i1ri1�PC585tPA) (07111.00 initials: _ Page 6 of 1a executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective as to third parties on the recording of this Assignment. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 15. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by -laws, or regulations of the condominium or planned unit development. Sscuy Instrument- Commercial /Arictdtural -PA VMPL9 Bankers SystemsTM A 0 - REST -PA 11/2712007 Wolters Kluwer Finencisl Services 01994, 2007 MPC898(PA) (0711).00 Initials: �Vl �/�1 Page 7 of 19 16. DEFAULT. Mortgagor will be in default if any of the following occur: A. Any party obligated on the Secured Debt faits to make payment when due; B. A breach of any term or covenant in this Security instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt; C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is false or incorrect in any material respect by Mortgagor or any person or entity obligated on the Secured Debt; D. The death, dissolution, or insolvency of, appointment of a receiver for, or application of any debtor relief law to, Mortgagor or any other person or entity obligated on the Secured Debt; E. A good faith belief by Lender at any time that Lender is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value of the Property is impaired; F. A material adverse change in Mortgagor's business including ownership, management, and financial conditions, which Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. 17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. in addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. Security Instrument- Commercial /Agricultural•PA ~8 Bankers Systemsru AGCO- RESI -PA 1 112 7/200 7 Wolters Kluwer Financial Services ® 1994. 2007IPC8961PA1 107111.00 initials: d pfl Pagesolle 18. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. Secu! ty lnstrumont •Commorcial /Agriculiurai -PA m AGCO- AESI•P A 71!2712007 VMPw Bankers Syste sTM GCO-R SI-P A l 10711 /2 20 00 Wolters Kluwer Financial Sorvicos O 1994, 2007 Initials: 3)1- , Page 9 of 19 D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law, I. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with Seux ty Instrument- CommarciWUAgricultural.PA VMP4 Bankers SystemdTm A6 O.RES) -PA 11/27/2007 Wolters Kluwer Financial Services ®1994, 2007 ; ��iMPCS9B(PA) (0711).00 Inhists: ALL! _,_ Page 10 ot to collateral of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under this Security Instrument. L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived, 20. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 21. INSURANCE. Mortgagor agrees to maintain insurance as follows: A. Mortgagor shall keep the Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to restoration or repair of the Property or to the Secured Debt, whether or Security Insuument- Commercial /Agricultural -PA VMA Bankers Systems7M AG REST -PA I It2712007 Wolters Kluwer Flnen I Services 0 1994, 2007 � PC595(PAI 10711),00 Initials: Page 11 of 1a not then due, at Lender's option. Any application of proceeds to princ(pa( shall not extend or postpone the due date of scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to • Lender to the extent of the Secured Debt immediately before the acquisition. B. Mortgagor agrees to maintain comprehensive general liability insurance naming Lender as an additional insured in an amount acceptable to Lender, insuring against claims arising from any accident or occurrence in or on the Property. C. Mortgagor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender. 22. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 24. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti - deficiency or one- action laws. Mortgagor agrees that Lender and any party to this Security instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. Security Instrument •Commercial /Agricultural•PA VMPO Bankers SystemsTM AGCO•RES1 -PA 11/2712007 Wolters Kluwer Financial Services 0 1994, 2007 40 t(PA) 10711).00 Initials: .r Page 12 of 18 25. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located, Any provision that appoints Lender as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code), Lender, by exercising any of its rights under this Security Instrument, does so for benefit of Lender. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular, The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 26. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address listed in the Date and Parties section of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 27. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. 28. WAIVER OF JURY TRIAL. To the extent not prohibited by law, Mortgagor and Lender knowingly and intentionally waive the right, which the party may have, to a trial by jury with respect to any litigation arising from the Secured Debt, or any other agreement executed in conjunction with the Evidence of Debt and this Mortgage. Mortgagor and Lender each acknowledge that this section has either been brought to the attention of each party's legal counsel or that each party had the opportunity to do so. Security Instrument - Commercial /Agricultural -PA VMPO Bankers SystomsTrti AGCO- REST -PA 1 112 7/2 007 Wolters Kluwer Financial Services ® 1994, 2007 Z),, f 1 *MPC595(PA) (0711).00 Initials: Page 13 of 18 29. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Security Instrument: • Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. • Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. • Crops; Timber; Minerals; Rents, Issues and Profits. Mortgagor grants to Lender a security interest in all crops, timber and minerals located on the Property as well as all rents, issues and profits of them including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar governmental programs (ail of which shall also be included in the term "Property "). 0 Personal Property. Mortgagor grants to Lender a security interest in all personal property located on or connected with the Property, including all farm products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal property Mortgagor owns now or in the future and that are used or useful in the construction, ownership, operation, management, or maintenance of the Property (all of which shall also be included in the term "Property "). The term "personal property" specifically excludes that property described as "household goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices. ❑ Filing As Financing Statement. Mortgagor agrees and acknowledges that this Security Instrument also suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. 30. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ❑ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. ❑ Agricultural Property. Mortgagor covenants and warrants that the Property will be used principally for agricultural or farming purposes and that Mortgagor is an individual or entity allowed to own agricultural land as specified by law. SecurLL'ty Instrument - Commercial /Agricultural -PA AOCO- REST -PA 11!27/2007 Vtv1P® Hankers Systems PC595(PA) (07111.00 Wolters Kluwer Financial Services ® 1994, 2007 Initials: Page 14 of 18 SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. Entit e: to_,3- It (Signature) (Date) (Signature) (Date) 0 ARS 3 •% (Witness) (Witness) MIKE WOLFE (Signature) (Date) (Signature) (Date) (Witness) (Witness) Security Instrument •Commercial,Agricultural•PA VMP® Bankers SystemsTm AG 0-RESI•PA 1 112 7/200 7 Wolters Kluwer Financial Services 0 1994, 2007 PC595(PA) (071 1),00 Initials: Page 16 of 18 ACKNOWLEDGMENT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } ss. (Individual) On this, the 13TH day of APRIL, 2011 before me DANIEL F. PARSON JR. the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person(s) whose names) is subscribed to the within instrument, and acknowledged that he /she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. My commission expires: la NOTARUtL SEA& !`3 F DOUMAS,11, NMWPUMIC BORO, CUMI3EA W COUNTY ISSION WOES JUNE 26, 2011 Title of Officer Security Instrument - Commercial /Agricultural•PA VMP® Bankers SystemsTM AG O- RESI -PA 11/27/2007 Wolters Kluwer Financial Services (,, 1994, 2007 PC595(PA) 107111.00 Initials: Page 17 of 18 COMMONWEALTH OF , COUNTY OF On this, the } ss. (Business day of , before me or Entity the undersigned officer, personally appeared Acknowl- edgment) who acknowledged himself /herself to be the of and that he /she as such ' being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the by as In witness whereof, I hereunto set my hand and official seal. My commission expires: Title of Officer It is hereby certified that the address of the Lender within named is: 449 EISENHOWEJ BLVD, HARRISBURG, PA 17111 security Instrument- CotnmerciallAgricultural -PA VMP® Bankers SystemsTM AC�CO- REST -PA 11/2712007 1 Wolters Kluwer Financial Services ® 1994, 2007 MPC595(PA) (0711).00 Initials: Page 18 of 18 Exhibit A ALL THAT CERTAIN tract of land with improvements thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan prepared for Clyde T. and Zoula (incorrectly referred to as Zoulda in prior recordings) M. Corn by Grier Associates, Inc., dated September 28, 1990, a copy of which is recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 62, Page 65, as follows: BEGINNING at a point on the western right -of -way line, a 50 foot wide S.R. 0465 known as Allen Road at the dividing line between Tract No. I and Tract No. 2 on the hereinbefore reference Plan; thence along said western right -of -way line of Allen Road, South 01 degree 00 minutes 00 seconds East, a distance of 100 feet to an iron pipe at lands now or formerly of John and Mildred E. Howe; thence along lands now of formerly of John and Mildred E. Howe, South 89 degrees 00 minutes 00 seconds West, a distance of 198.42 feet to an iron pipe at lands now or formerly of Frank R. Loney, Jr., Cumberland Valley Memorial Gardens; thence along lands now or formerly of Frank R. Loney, Jr., Cumberland Valley Memorial Gardens, North 01 degree 00 minutes 00 seconds West, a distance of 100 feet to an iron pipe at the dividing line between Tract No. I and Tract No. 2 on the hereinbefore reference Plan; thence along the dividing line between Tract No. I and Tract No. 2 on the hereinbefore mentioned Plan, North 89 degrees 00 minutes 00 seconds East, a distance of 198.42 feet to an iron pipe on the western line of Allen Road, a 50 foot right -of -way, the point and place of BEGINNING. ROBERT P. ZIEGLER RECORDER OF DEEDS �. CUMBERLAND COUNTY. 1 COURTHOUSE SQUARE' CARLISLE, PA 17013 717- 240 -6370 Instrument Number - 201111195 Recorded On 4/14/2011 At 1:55:06 PM * Total Pages - 20 • Instrument Type - MORTGAGE Invoice Number - 85392 User ID - MBL • Mortgagor - PARSON, DANIEL F JR • Mortgagee - BELCO COMMUNITY CREDIT UNION • Customer - PA REAL ESTATE FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $41.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $92.00 I Certify this to be recorded in Cumberland County PA y cF cv,��9 RECORDER O /D / EDS 4750 - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0007BF Illllllll Illlllflllll SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FIL 0.OFFI r OF Sheriff r '' 'Ra NDN0 ip.j�y Jody S Smith pr 20 ii Y —3 Chief Deputy PM Richard W Stewart 4 CUMBERLAND Co iTy Solicitor scw r ro r PENNSYLVANIA Belco Community Credit Union Case Number vs. Daniel J. Parson, Jr. 2013-1906 SHERIFF'S RETURN OF SERVICE 04/15/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Daniel J. Parson, Jr., but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 233 Allen Road, Carlisle Borough Annex, Carlisle, PA 17013. Residence is vacant. 05101/2013 03:08 PM- Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing emselves to be the Defendant, to wit: Daniel J. Parson, Jr. at 58 Oldtown Rd., Gardners, PA 1732A-1,. LIAM CLIN , DEPUTY SHERIFF COST: $47.67 SO ANSWERS, May 02, 2013 RbNW R ANDERSON, SHERIFF {c}Cou;,tySuito Sheriff.7oleosofr.Inc. " KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. -, NO. 13-1906 CIVIL MORTGAGE FORECLOSU DANIEL F. PARSON, JR. Ln r.z Defendant c` =C) rF PRAECIPE `F' TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff and against Defendant(s) by default in the sum of $274,534.55, with interest and costs of suit, for Defendant's failure to answer or otherwise plead to Plaintiffs Complaint. I hereby certify that written notice was given Defendant(s) in accordance with Pa. R.C.P. 237.1 (copy attached). KEEFER WOOD ALLEN & RAHAL, LLP Date: June 4, 2013 By: Eugene . Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Belco Community Credit Union a%IA- 0 gat �r �� U^ #1e?4rC( i KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET . PO BOX 11963 HARRISBURG,PA 1710.8-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 13-1906 CIVIL MORTGAGE FORECLOSURE DANIEL F. PARSON, JR. Defendant IMPORTANT NOTICE TO: DANIEL F. PARSON, JR. . DATE OF NOTICE: MAY 22, 2013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Court Carlisle, PA 17013 Phone: 717-249-3166 or Phone: 1-800-990-9108 KEEFER WOOD ALLEN & RAHAL, LLP Date: May 22, 2013 BY: Eugene E. e Insky, Jr. Attorney I.D. #23702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO, 13-1906 CIVIL MORTGAGE FORECLOSURE DANIEL F. PARSON, JR. Defendant NOTICIA IMPORTANTE A: DANIEL F. PARSON, JR. FECHA DE NOTICIA: MAY 22, 2013 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI LISTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA LISTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. Sl LISTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE 013TENER LA AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Court Carlisle, PA 17013 Phone: 717-249-3166 or Phone: 1-800-990-9108 KEEFER VVDQD ALLEN & RAHAL, LLP Date: May 22, 2013 By: e-gene pinsky, Jr. Attorney L D. 3702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 ' (717) 255-8051 Attorneys for Plaintiff KEEFER WOOD ALLEN&RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 13-1906 MORTGAGE FORECLOSURE DANIEL F. PARSON, JR. Defendant PRAECIPE FOR WRIT OF EXECUTION—MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PA, Issue Writ of Execution in the above matter on the following described property: 233 Allen Road Street,Borough of Carlisle,Cumberland County,Pennsylvania. Amount Due: $274,534.55 r- EE Interest From: _ Collection Fee: $ `- CJ KEEFER WOOD ALLEN & RAHAL, LLP ' `=c Date: October 21, 2013 By: --i Eugene E. epinsky, Jr. ` Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 OWL a Lo. 6?p� 1 r- $ l0 3 .7s V r � KEEFER WOOD ALLEN&RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 PROPERTY DESCRIPTION PLAINTIFF: BELCO COMMUNITY CREDIT UNION DEFENDANT: DANIEL F. PARSON,JR. ATTORNEY FOR PLAINTIFF: EUGENE E. PEPINSKY,JR.,ESQ. (717)255-8051 JUDGMENT AMOUNT: $274,534.55 STREET ADDRESS: 233 ALLEN ROAD,CARLISLE,PENNSYLVANIA MUNICIPALITY/COUNTY/STATE: BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA TAX PARCEL NUMBER: 50-21-0329-003 SEIZED AND SOLD AS THE PROPERTY OF DANIEL F. PARSON, JR., UNDER JUDGMENT NO. 13-1906 CIVIL Exhibit A ALL THAT CERTAIN tract of land with improvelaents thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan prepared for Clyde T. and Zoula (incorrectly referred to as Zoulda in prior recordings)M. Corn by Grier Associates, Inc., dated September 28, 1990, a copy of which is recorded in the Office of the Recorder of Deeds for Cumberland County,Pennsylvania,in Plan Book 62,Page 65, as follows; BEGINNING at a point on the western right-of-way line, a 50 foot wide S.R. 0465 known as .Allen Road at the dividing, line between Tract No. I and Tract No. 2 on the hereinbefore reference Plan; thence along said western right-of°way line of Allen Road, South 01 degree 00 minutes 00 seconds East, a distance of 100 feet to an iron pipe at lands now or formerly of John and Mildred E. Howe;thence along lands now of formerly of John and Mildred E. Howe, South 89 degrees 00 minutes 00 seconds Nest, a distance of 198.42 feet to an iron pipe at lands now or formerly of Frank R. Loney, Jr., Cumberland Valley Memorial Gardens; thence along lands now or formerly of Frank R. Loney, Jr., Cumberland Valley Memorial Gardens, North 01 degree 00 minutes 00 seconds West, a distance of 100 feet to an iron pipe at the dividing line between 'Tract No. I and Tract No. 2 on the hereinbefore reference Tian; thence along the dividing line between Tract No. 1 and Tract No. 2 on the hereinbefore mentioned Plan, North 89 degrees 00 minutes 00 seconds East, a distance of 198.42 feet to an iron pipe on the western line of Allen Road, a 50 foot right-of-way, the point and place of BEGINNING. BEING THE SAME PREMISES WHICH Coy M. Wire, by deed dated March 10, 2008, and recorded on April 1, 2008, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Instrument No. 200810044 and re-recorded on April 10, 2008, at Instrument No. 200811372,granted and conveyed unto Daniel F. Parsons,Jr. KEEFER WOOD ALLEN&RAHAL,LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff CIVIL ACTION- LAW V. NO. 13-1906 MORTGAGE FORECLOSURE DANIEL F. PARSON,JR. Defendant AFFIDAVIT PURSUANT TO P.R.C.P.3129.1 The Plaintiff in the above action, by its attorneys, Keefer Wood Allen & Rahal, LLP sets forth as of the date the praecipe for the writ of execution was filed,the following information concerning the real property located at 233 Allen Road,Borough of Carlisle,Cumberland County,Pennsylvania. 1. Name and address of the Owner(s)or Reputed Owner(s): DANIEL F. PARSON,JR. 58 OLDTOWN ROAD GARDNERS PA 17324 2. Name and address of Defendant(s)in the Judgment,if different from that listed in(1)above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold. A. PLAINTIFF HEREIN B. JILLIAN FORREST 2854 ENOLA ROAD CARLISLE, PA 17015 -and- ` SEAN M. SCHULTZ,ES. �,� = "= r-t 11 ROADWAY DRIVE, SUITE B v? 14 CARLISLE,PA 17015 } C. COMMONWEALTH OF PENNSYLVANIA a CD. - 400 NORTH STREET,4TH FLOOR HARRISBURG,PA 17120-0225 --i z- -and- JOHN M. QUAIN,JR., ESQ. 400 NORTH STREET,4TH FLOOR HARRISBURG, PA 17120-0225 KEEFER WOOD ALLEN &RAHAL,LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 D. WRIGHT&MCGILL COMPANY 4245 EAST 46T"AVENUE DENVER, CO 80216 -and- JUSTIN N. DAVIS, ESQUIRE 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 E. COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA GAME COMMISSION 2001 ELMERTON AVENUE HARRISBURG PA 17110 -and- BRADLEY C. BECHTEL,ESQ. AUDREY J. BROUCEK, ESQ. COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA GAME COMMISSION 2001 ELMERTON AVENUE HARRISBURG PA 17110 F. SPORTSMENPOSTAL.COM LLC 7937 RT.208 KNOX, PA 16232 -and- MICHAEL S. BECHTOLD,ESQ. BUZGON DAVIS LAW OFFICES 525 SOUTH 8TH STREET P.O. BOX 49 LEBANON,PA 17042-0049 G. COMMONWEALTH OF PENNSYLVANIA BUREAU OF COMPLIANCE P.O. BOX 280948 HARRISBURG, PA 17128-0940 H. DAKOTA DECOYS P.O. BOX 904 SIOUX FALLS, SD 57101 -and- RICHARD W.KEIFER,III, ESQ. LAW OFFICE OF RICHARD W. KEIFER IIII 9 GERSHOM PLACE KINGSTON, PA 18704 KEEFER WOOD ALLEN&RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 4. Name and address of last recorded holder of every mortgage of record: A. PLAINTIFF HEREIN B. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 400 NORTH STREET,4TH FLOOR HARRISBURG, PA 17120 5. Name and address of every other person who has any record lien on the property: NONE 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: A. PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE PO BOX 280948 HARRISBURG PA 17128-0948 B. US TREASURY DEPARTMENT INTERNAL REVENUE SERVICE 228 WALNUT STREET SUITE 1190 HARRISBURG PA 17100 C. CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE,ROOM 106 CARLISLE, PA 17013 D. BOROUGH OF CARLISLE TAX OFFICE 53 W SOUTH STREET CARLISLE PA 17013 7. Name and address of every other person of whom the Plaintiff has knowledge that has any interest in the property which may be affected by the sale: NONE I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. KEEFER WOOD ALLEN&RAHAL,LLP Dated: October 21,2013 By: gene E. P sky,Jr. Attorney I.D.#23702 210 Walnut Street P.O. Box 11963 Harrisburg,PA 17108-1963 (717) 255-8051 KEEFER WOOD ALLEN&RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-LAW V. NO. 13-1906 MORTGAGE FORECLOSURE DANIEL F. PARSON,JR. Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: t That the Sheriffs Sale of Real Property(real estate)will be held:' r -� = _.�r� _. DATE: March;2014 1 C:) CD__. TIME: 10:00 a.m. CD C � LOCATION: Cumberland County Courthouse tv t 1 Courthouse Square —� Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED). The LOCATION of your property to be sold is: 233 Allen Road,Borough of Carlisle,Cumberland County,Pennsylvania The JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 13-1906-CIVIL The NAME(S)OF THE OWNER(S)OR REPUTED OWNER(S)of this property is(are): DANIEL F. PARSON,JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that we are owed taxes) will be filed 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. KEEFER WOOD ALLEN cR RAHAL,LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 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. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 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 of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within 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 preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or 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 within County Courthouse,before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. KEEFER WO EN&RAHAL, LLP Dated: October 21,2013 By: ugene ky, Jr. Attorney I.D.#23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 KEEFER WOOD ALLEN&RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW V. NO. 13-1906 MORTGAGE FORECLOSURE DANIEL F. PARSON, JR. Defendant PRAECIPE FOR WRIT OF EXECUTION—MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PA, Issue Writ of Execution in the above matter on the following described property: 233 Allen Road Street,Borough of Carlisle,Cumberland County,Pennsylvania. Amount Due: $274,534.55 Interest From: Collection Fee: $ KEEFER WOOD ALLEN&RAHAL, LLP Date: October 21, 2013 By: Eugene E. epinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 KEEFER WOOD ALLEN &RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 PROPERTY DESCRIPTION PLAINTIFF: BELCO COMMUNITY CREDIT UNION DEFENDANT: DANIEL F. PARSON,JR. ATTORNEY FOR PLAINTIFF: EUGENE E. PEPINSKY,JR.,ESQ. (717)255-8051 JUDGMENT AMOUNT: $274,534.55 STREET ADDRESS: 233 ALLEN ROAD, CARLISLE,PENNSYLVANIA MUNICIPALITY/COUNTY/STATE: BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA TAX PARCEL NUMBER: 50-21-0329-003 SEIZED AND SOLD AS THE PROPERTY OF DANIEL F. PARSON, JR., UNDER JUDGMENT NO. 13-1906 CIVIL I Exhibit A ALL THAT CERTAIN tract of land with improvements thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan prepared for Clyde T. and Zoula (incorrectly referred to as Zoulda in prior recordings) M. Corn.by Grier Associates,Inc., dated September 28, 1990, a copy of which is recorded in the Office of the Recorder of Deeds. for Cumberland County, Pennsylvania, in Plan Book 62,Page 65, as follows: BEGINNING at a point on the western right-of-way Iine, a 50 foot wide S-R. 046 known as Allen Road at the dividing line between Tract No. I and Tract No. 2 on the hereinbefore reference Plan; thence along said western right-of way line of Allen Road, South 01 degree 00 minutes 00 seconds East, a distance of 100 feet to an iron pipe at lands now or formerly of John and Mildred E. Howe;thence along lands now of formerly of John and Mildred E. Howe, South 89 degrees 00 minutes 00 seconds West, a distance of 198.42 feet to an iron pipe at lands now or formerly of Frank R. Loney, Jr., Cumberland Valley Memorial Gardens; thence along lands now or formerly of Frank R. Loney, Jr., Cumberland Valley Memorial Gardens, North 01 degree 00 minutes 00 seconds West, a distance of 100 feet to an iron pipe at the dividing line between Tract No. 1 and Tract No. 2 on the hereinbefore reference Plan; thence along the dividing line between Tract No. 1 and Tract No. 2 on the hereinbefore mentioned Plan, North 89 degrees 00 ininutes 00 seconds East, a distance of 198.42 feet to an iron pipe on the western line of Allen Road, a 50 foot right-of-way,the point and place of BEGINNING. BEING THE SAME PREMISES WHICH Coy M. Wire, by deed dated March 10, 2008, and recorded on April 1, 2008, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Instrument No. 200810044 and re-recorded on April 10, 2008, at Instrument No. 200811372, granted and conveyed unto Daniel F. Parsons, Jr. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1906 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BELCO COMMUNITY CREDIT UNION Plaintiff(s) From DANIEL F. PARSON,JR. (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: $274,534.55 L.L.: $.50 Interest Atty's Comm: Due Prothy: $2.25 Atty Paid: $196.42 Other Costs: Plaintiff Paid: Date: 11/1/13 1w - rR - David D. B ell,Prothonot (Seal) Deputy REQUESTING PARTY: Name: EUGENE E. PEPINSKY,JR.,ESQUIRE Address: KEEFER WOOD ALLEN&RAHAL, LLP 210 WALNUT STREET P.O.BOX 11963 HARRISBURG,PA 17108 Attorney for:PLAINTIFF Telephone: 717-255-8051 Supreme Court ID No. 23702 KEEFER WOOD ALLEN&RAHAL, LLP ~ 210 WALNUT STREET PO BOX 1 1963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff CIVIL ACTION-LAW V. NO. 13-1906 MORTGAGE FORECLOSURE DANIEL F.PARSON,JR. Defendant AMENDED AFFIDAVIT PURSUANT TO P.R.C.P.3129.1 The Plaintiff in the above action, by its attorneys, Keefer Wood Allen & Rahal, LLP sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 233 Allen Road, Borough of Carlisle,Cumberland County,Pennsylvania. I. Name and address of the Owner(s)or Reputed Owner(s): DANIEL F.PARSON,JR, 58 OLDTOWN ROAD GARDNERS PA 17324 2. Name and address of Defendant(s)in the Judgment,if different from that listed in(1)above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold. A. PLAINTIFF HEREIN B. JILLIAN FORREST 2854 ENOLA ROAD CARLISLE,PA 17015 -and- SEAN M.SCHULTZ,ES. I I ROADWAY DRIVE,SUITE B em CARLISLE,PA 17015 c::) C. COMMONWEALTH OF PENNSYLVANIA •t , 400 NORTH STREET,4TH FLOOR ?C HARRISBURG,PA 17120-0225 -and- -2, JOHN M.QUAIN,JR.,ESQ. 400 NORTH STREET,4TH FLOOR ,►� HARRISBURG,PA 17120-0225 D. WRIGHT&MCGILL COMPANY 4245 EAST 46TH AVENUE DENVER,CO 80216 -and- JUSTIN N.DAVIS,ESQUIRE 107 NORTH COMMERCE WAY BETHLEHEM,PA 18017 KEEFER WOOD ALLEN 8L RAHAL,LLP 210 WALNUT STREET PO BOX 1 1963 HARRISBURG,PA 17108-1963 E. COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA GAME COMMISSION 2001 ELMERTON AVENUE HARRISBURG PA 17110 -and- BRADLEY C. BECHTEL,ESQ. AUDREY J.BROUCEK,ESQ. COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA GAME COMMISSION 2001 ELMERTON AVENUE HARRISBURG PA 17110 F. SPORTSMENPOSTAL.COM LLC 7937 RT.208 KNOX,PA 16232 -and- MICHAEL S.BECHTOLD,ESQ. BUZGON DAVIS LAW OFFICES 525 SOUTH 8TH STREET P.O.BOX 49 LEBANON,PA 17042-0049 G. COMMONWEALTH OF PENNSYLVANIA BUREAU OF COMPLIANCE P.O.BOX 280948 HARRISBURG,PA 17128-0940 H. DAKOTA DECOYS P.O.BOX 904 SIOUX FALLS,SD 57101 -and- RICHARD W.KEIFER,III,ESQ. LAW OFFICE OF RICHARD W.KEIFER IIII 9 GERSHOM PLACE KINGSTON,PA 18704 I. CORNERSTONE FEDERAL CREDIT UNION 5 EAST GATE DRIVE CARLISLE PA 17013 -and- ANDREW H.SHAW,ESQUIRE 200 E.SPRING GARDEN STREET SUITE 1 I CARLISLE PA 17013 4. Name and address of last recorded holder of every mortgage of record: A. PLAINTIFF HEREIN KEEFER WOOD ALLEN&RAHAL, LLP 210 WALNUT STREET PO BOX 1 1963 HARRISBURG,PA 17108-1963 B. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 400 NORTH STREET,4TH FLOOR HARRISBURG,PA 17120 5. Name and address of every other person who has any record lien on the property: NONE 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: A. PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE PO BOX 280948 HARRISBURG PA 17128-0948 B. US TREASURY DEPARTMENT INTERNAL REVENUE SERVICE 228 WALNUT STREET SUITE 1190 HARRISBURG PA 17100 C. CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE,ROOM 106 CARLISLE,PA 17013 D. BOROUGH OF CARLISLE TAX OFFICE 53 W SOUTH STREET CARLISLE PA 17013 7. Name and address of every other person of whom the Plaintiff has knowledge that has any interest in the property which may be affected by the sale: NONE I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. KEEFER WO LLEN&RAHAL,LLP Dated:October 21,2013 By: �y Eugene E. Pepinsky,Jr> Attorney I.D.#23702 210 Walnut Street P.O.Box 11963 Harrisburg,PA 17108-1963 (717) 255-8051 KEEFER WOOD ALLEN&RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff • CIVIL ACTION-LAW v. • • NO. 13-1906 • • MORTGAGE FORECLOSURE DANIEL F.PARSON,JR. • • Defendant • CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that on November 5, 2013, a true and correct copy of the foregoing Praecipe for Writ of Execution,Affidavit Pursuant to P.R.C.P.3129.2 and Notice of Sheriffs Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.1 has been served upon the persons named below at the addresses shown below by depositing the same in the United States mail,first-class postage prepaid per the attached Certificates of Mailing. DANIEL F.PARSON,JR. 58 OLDTOWN ROAD GARDNERS PA 17324 JILLIAN FORREST 2854 ENOLA ROAD CARLISLE,PA 17015 SEAN M. SCHULTZ,ES. 11 ROADWAY DRIVE, SUITE B CARLISLE,PA 17015 COMMONWEALTH OF PENNSYLVANIA 400 NORTH STREET,4TH FLOOR HARRISBURG,PA 17120-0225 ` ! JOHN M.QUAIN,JR.,ESQ. 400 NORTH STREET,4TH FLOOR , ► a .3 HARRISBURG,PA 17120-0225 WRIGHT&MCGILL COMPANY >�� _ '?l 4245 EAST 46TH AVENUE _ DENVER,CO 80216 JUSTIN N.DAVIS,ESQUIRE 107 NORTH COMMERCE WAY BETHLEHEM,PA 18017 COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA GAME COMMISSION 2001 ELMERTON AVENUE HARRISBURG PA 17110 BRADLEY C.BECHTEL,ESQ. AUDREY J. BROUCEK,ESQ. COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA GAME COMMISSION 2001 ELMERTON AVENUE HARRISBURG PA 17110 KEEFER WOOD ALLEN R.RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 SPORTSMENPOSTAL.COM LLC 7937 RT.208 KNOX,PA 16232 MICHAEL S.BECHTOLD,ESQ. BUZGON DAVIS LAW OFFICES 525 SOUTH 8TH STREET P.O.BOX 49 LEBANON,PA 17042-0049 COMMONWEALTH OF PENNSYLVANIA BUREAU OF COMPLIANCE P.O.BOX 280948 HARRISBURG,PA 17128-0940 DAKOTA DECOYS P.O. BOX 904 SIOUX FALLS,SD 57101 RICHARD W.KEIFER,III,ESQ. LAW OFFICE OF RICHARD W.KEIFER IIII 9 GERSHOM PLACE KINGSTON,PA 18704 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 400 NORTH STREET,4TH FLOOR HARRISBURG,PA 17120 PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE PO BOX 280948 HARRISBURG PA 17128-0948 US TREASURY DEPARTMENT INTERNAL REVENUE SERVICE 228 WALNUT STREET SUITE 1190 HARRISBURG PA 17100 CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE, ROOM 106 CARLISLE,PA 17013 BOROUGH OF CARLISLE TAX OFFICE 53 W SOUTH STREET CARLISLE PA 17013 CORNERSTONE FEDERAL CREDIT UNION 5 EAST GATE DRIVE CARLISLE PA 17013 KEEFER WOOD ALLEN&RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 ANDREW H. SHAW,ESQUIRE 200 E. SPRING GARDEN STREET SUITE 11 CARLISLE PA 17013 KEEFER WOOD AL _• : RAHAL,LLP Date:November 5,2013 By: Eugene E.Pepins y,Jr. Attorney I.D.#23702 210 Walnut Street P.O.Box 11963 Harrisburg,PA 17108-1963 (717) 255-8051 0, 0 el . ; Oo ° UNITED STATES CertificatE III m C I N " aPOSTALSERVICE® Mai Z r'° o to L l 3000 dlz woa3 a311 This Certificate of Mailing provides evidence that mall has been presented to USPS®for n O> O d�This form maybe used for domestic and international mail. O U £l O Z S 0 /10 N £5 9 9 8 l£0 0 0. �Prom: KEEPER WOOD ALLEN&RAHAL, LLP L il( Z N QOZ' 00 d l ZO 1 45%, • .rrTIr.:rJF. : ATTORNEYS AT LAW a r, S3MO®A3N1Id�a C ;A ;r 210 WALNUT STREET PO BOX 11963 t� ®�_`^�*•'/ p� �� HARRISBURG PA 17108-1963 'rd a C, bw ,6 iS", 11Nn N O Q 3a al b I .3a, 0 I O° 2 To: DANIEL F PARSON JR ;, v� a- 58 OLDTOWN ROAD P.it GARDNERS PA 17324 a cn Vn J CD 1� m CD .T �.r.� w °_Q X W p nn,........._2047 n -e AMA, nAI.,>enn nn nnn nnce - t E I 0 en 5 V N VI 141" liW O rn a _U X o W U Tit E� a. ,i w LL 0 01 LL co m Z o • t` Q mew w o o Q a o° a) ~ Wmom¢ "5 ,'�i F- Q I— v a W:cspic\jr,,D2 0 CC' J >00 Q I± < W CO _ N. o UNITED STATES ; �' Q fn , cD m > _��, CertificatE m I- , H 9 CO o = a POSTAL SERVICE® Mai W r;o y w Z N w Z Z This Certificate of Meiling provides evidence that mall has been presented to USPS®for n 2 O 4. ‘6":23U- Q Q Q Q r z This form may be used for domestic and International mall. t- O O g11J Q = = U U Q pp From: KEEFER WOOD ALLEN&RAHAL,LLP Z e Y ° Q U to m t2 I = � ' m to w 1 mo Q N N J o ATTORNEYS AT LAW `P N = pE U- -e co a i`-r S c C- 210 WALNUT STREET PO BOX 11963 `',� �` 0 ~ a _y (o i� HARRISBURG PA 17108-1963 = r6 ,,, .< To: JILLIAN FORREST 5�1(lVf1 °° • IVX 2854 ENOLA ROAD rr I : .• F . r � CARLISLE PA 17015 •".' r• ik. -44 ..0•• Ls Id.tri:oW:ea; "wwwww.PITNEY BOWES t . . 02 1 P $ 001 .20° r��rrr,,, ' c 00031 8 665 3 NOV 05 201 3 ••• t �`• MAILED FROM ZIP CODE 1 71 01 UNITED STATES CertificatE 2 ° "' o ��r � Oo2 POSTAL SERVICE® Mail Q N N This Certificate of Mailing provides evidence that mall has been presented to USPS®form. (0 .in This form may be used for domestic and International mall. I. l ° w From: KEEFER WOOD ALLEN&RAHAL,LLP ilk,: O] O �. E ATTORNEYS AT LAW Z a a Cry ry 210 WALNUT STREET PO BOX 11963 yAP� t o t 9 HARRISBURG PA 17108-1963 S V m a ol Lo co co m J CO ' CO 0 n J O ■ A' a w m r. do To: COMMONWEALTH OF PENNSYLVANIA .t4 '3 5'� N o Q a_Q X o �T m 2 Q 4 BUREAU OF COMPLIANCE .° m E< m e c N W E_o O o d PO BOX 280948 :kg¢'i�Iry 3 E z a orb qtr �1 a w o o z HARRISBURG PA 17128-0940 :41,6. hr": t H W .-g-2__i Q a.w.t4.a PS Form 3817,April 2007 PSN 7530-02-000-9065 . .I� ; 0 �I o O Q u~) a 0 cf) in v1) N W ,q as 0 fn I- __ i."" mDct w Z 0 aF°, Q Q Q 2gw ce Q N � X LL is 0 co pi tihk m€Y Q N x a En c.).9.. u_g a aUNITED STATES Certificate W ° co o POSTAL SERVICE® Mail o N N This Certificate of Mailing provides evidence that mail has been presented to USPS®form lig i.n This form may be used for domestic and International mail. t V".o W From: KEEFER WOOD ALLEN&RAHAL,LLP \? O> O U 60 6L I. 3000 dIZ 1102id O91IVW r i ATTORNEYS AT LAW `- ° z N £60Z S0 AON £5998 6::000 1} � .�ti. 210 WALNUT STREET PO BOX 11963 `Q �,- 007, �,00 $ d l ZO .11.7 I.?! If) 0 S3M08 A3 111.1.1d aeee� C 4J.� -jam,��, HARRISBURG PA 17108-1963 1 t� `° ®���." ► 7a'"Ali ' j a' a To: SPORTSMENPOSTAL.COM LLC `� `lS r o J 1d'pd d c1fNO o c g . 7937 RT 208 + . -RS s 'P V2 a ( KNOX PA 16232 + r. N r o 'f r' 0 0 � � r o 0.. M U co PS Form 3817,April 2007 PSN 7530-02-000-9065 '�t a n rn co •° - a __ J a_Q X °o LE= O M >- N ° O o < CS IA "E �oa a o_ w n Uil $ w o O w C ����''rr UNITED STATES Certificatf W ° "' o W m c d w J > 0- POST/1L SERVICE® Mai o Cl N p �► m Ci o ; a = o 0 This Certificate of Mailing provides evidence that mall has been presented to USPS®for r • ... Q 9 O Q I- (9 U rD 0 N This form maybe used for domestic and international mail. W r•o W �_ ` a O ~ oG d 0 a From:KEEFER WOOD ALLEN&RAHAL,LLP '. Cop IZ V1 i$fY Z J co , Q w ti ATTORNEYS AT LAW a W O 2, C0 >I10zo.. N rt,Ww o Q I Z 210 WALNUT STREET PO BOX 11963 '- 1 r, �Y d N z w o HARRISBURG PA 17108-1963 y r\ co U s g a co BRADLEY C BECHTEL ECQUIRE ° r To: n� ,!s .-2 J AUDRFVJ BROUCFK ESOURE Cl31Wf1 0 0 PENNSYLVANIA GAME COMMISSION if +ti I:21 i 2001 ELMERTON AVENUE _- F; HARRISBURG PA 17110 +01 }r'' 4` LL I'S 3000 dIZW02�d 43llbW rr.p PS Form 3817,April 2007 PSN 7530-02-000-9065 :%. 2: r £1'01.0 Z 0 AON £5 9 9 Pa L£101 £0 0 0 - ' -. - - o0Z" 600 $ d6 ZO - S3MO8 AC Nild a C r4:4%.6.1 I Dery ), ; Q "T";f UNITED STATES N° co 1s�0d Certifical POSTAL SERVICE® Ma m 10E ( ® �, This Certificate of Mailing provides evidence that mail has been presented to USPS®for "u) CO) This form may be used for domestic and International mail. t _ o W ai From: KEEFER WOOD ALLEN&RAHAL,LLP 1 0> o t ATTORNEYS AT LAW t i CD z a 0 m a M L 210 WALNUT STREET PO BOX 11963 r,:'� _/: t I o-) J ,- o ■ 0 u� O -Q X °o HARRISBURG PA 17108-1963 ' !' 2E= o m >- N � o W�� O w 9 y�� a W E B o_ `-I To: COMMONWEALTH OF PENNSYLVANIA', X w 4 5 1-LINl N o <C I— E W O 5 0 r z PENNSYLVANIA GAME COMMISSION o v c J > w N O W cn VlW �moQ Q ' W 2 0) o CL o 2001 ELMERTON AVENUE �-.:14'6075.0 t °00 H > v a t°" HARRISBURG PA 17110 " _} K Z V1 tin- Z ? UNITED STATES Certificate 3 o l POSTAL SERVICE® Mai o N N h This Certificate of Mating provides evidence that mall has been presented to USPS®for 1 r This form may be used for domestic and international mall. 1111.° �••,° W From: KEEFER WOOD ALLEN&RAHAL,LLP x �_ O o> p l0 1L l 3000 diZ NJ021�0311VW _ ,�,�. ATTORNEYS AT LAW 0 a Oz d £lOZ 90 AON £59981£000 a;� Gti N` oOZ' 100 dl ZO + I 210 WALNUT STREET PO BOX 11963 AQ m X S3MOS A3Nlld sow s . G }-a •• 1 HARRISBURG PA 17108-1963 --- f` in 0 A'�_ ' Z s �1_6 To: JOHN M QUAIN JR ESQUIRE r' o =' 'eSOd SAO w, t�r�n o ° a cu s / ` 400 NORTH NORTH STREET 4TH FLOOR v�• ° v g ® • HARRISBURG PA 17120-0225 '41 F. 41 4 a CO PS Form 3817,April 2007 PSN 7530-02-000-9065 . f• .�• f•a m o W ,w m m W N LO Li X_t U m E d a--1 (0 M 9 w 5EZ o) CO CD 111Z, UN!TEDSTATES Certificate C m ¢ w CO III 0) oil POSTAL SERVICE. Maui lir O o o 9 m o Q Q o 0 This Certificate of Mailing provides evidence that mail has been presented to USPS®for mai N 1Ot 1 J E O Q (n a Q O o This form maybe used for domestic and International mail. •`� W ` g-8 O ( I— U' F U `v From: KEEPER WOOD ALLEN&RAHAL,LLP r.° o Z H `c',-,,b- w Z = z a a ATTORNEYS AT LAW 0 0 0 ▪ !O "=W Q -co W a r Cl)i r I! Z a C �i W O O IY W f-' -_=', M 210 WALNUT STREET PO BOX 11963 G Ef} IV e Y I- Q Z . °° � m l= Q N = Q N 5 Q E HARRISBURG PA 17108-1963 p q H O 1°� Cr iE 1' a LOLL To: BOROUGH OF CARLISLE TAX OFFICE a Ss 53 WEST SOUTH STREET \ ��1/N(1 0°o CARLISLE PA 17013 '.;.,.114.' /� + t'�4;'• •4,14;i4.3:.? 10 1L t ROOD dIZ W021d 0311VW e PS Form 3817,April 2007 PSN 7530-02-000-9065 . 'Pi f C 10 Z 9 0 A O N ES 9 9E3 t£0 0 0 #+ { I V;: ?.... :;J 00Z* WO $ d l ZO . � A .. a: -- -- - - - S3MO13 A3N11d ■7 ® Z .: ir1 laUNITED STATES Certificat N C M POSTAL SERVICE SPA a m N" 7 N This Certificate of Mating Provides evidence that malt has been presented to U T ° Z This form may be used for domestic and Internet one mall. > o m n. Co Z Fran: KEEPER WOOD ALLEN&RAHAL,LLP 00 O p = a °) LO ATTORNEYS AT LAW ~ a G� '� N x 0 in t1= O ° 210 WALNUT STREET PO BOX 11963 aP f�$ O 00 U 9 1 co CL IA E g HARRISBURG PA 17108-1963 ° � a0 6' d c p �1�ryt •� 13.'46 > O W n VI z To: RICHARD W KEIFER III ESQUIRE 11Nn o o tel Q J ti LL > p o_ LAW OFFICE OF RICHARD W KEIFER III • O �J.y °E aO Q a Z O ^ o i� nO fn H U O W d N 9 GERSHLACE :....4.0;‘,..1i1:70....:1/4.72,..7.A.11.1....,4; try mm� w Z Q Y a Q 2oLu E Q rn LLtl 0 0, ti KINGSTON PA 18704 I-- i � :. C �Ew O o Z Q e_ .�. Y t- Q O W iZ M PS Form 3817.April 2007 PSN 7530-02-000-906 m o Q (Ni = O • try U o �H i _ -- tL _. F P 16 CO a �r UNITED STATES Certificat y c M F POSTALSERVICE® Ma' ; p o ° This Certificate of Mating provides evidence that mall has been presented to LISPS®for 0 N N r This form maybe used for domestic and international mall. m • From: KEEFER WOOD ALLEN&RAHAL,LLP • W r° w 0 ATTORNEYS AT LAW ---, a O o O 210 WALNUT STREET PO BOX 11963 r;..{ Z a �} N HARRISBURG PA 17108-1963 7 r' f N r (0 LL To: US TREASURY DEPARTMENT IL ‘, -r-� o INTERNAL REVENUE SERVICE ;:.'' {--4; ' “ o a a / ; �' °, 228 WALNUT STREET SUITE 1190 ' - ';.r Le- HARRISBURG PA 17100 ?s 1'��t�: ' •PS Form 3817,April 2007 PSN 7530-02-000-9069 ^7111k141:1-.. 4 in • UNITED STATES Certificai y o POST/1L SERVICE Ma oNp ( This Certificate of Meting provides evidence that mall has been presented to LISPS®for III! o W This form may be used for domestic RAHAL,LLP W Ui From: KEEFER WOOD ALLEN& ATTORNEYS AT LAW , a Q Z 0 V., aP • , N 210 WALNUT STREET PO BOX 11963 � 2 (O ° HARRISBURG PA 17108-1963 `` l in To: CUMBERLAND COUNTY TAX CLAIM BU"E1k, ,., 411k O Q I. ,° �a ' tNn o o CUMBERLAND COUNTY COURTHOUSE • y ti 1 ONE COURTHOUSE SQUARE ROOM 106 y CARLISLE PA 17013 �r .1•' • �iy.il PS Form 3817 April 2007 PSN 7530-02-000-9065 %Tr . 1 m Q M .- W G; O •UNITED STATES Certifiai m N POST/1L SERVICE® '° a This of Mailing provides evidence that mall has been presented to USPS®for t CO> O This form may be used for domestic and international mall. r--- q Q O U From: KEEFER WOOD ALLEN&RAHAL,LLP 0„.1....,Q S I , Z N _ ATTORNEYS AT LAW v� : O 210 WALNUT STREET PO BOX 1196 ,.- 0- v. (0 CC C 5 o00 HARRISBURG PA 17108-1963 ° _ is. 01s JNII 0 0 & e4;. ; qa T. COMMONWEALTH OF PENNSYLVANIA 400 NORTH STREET 4TH FLOOR ; J . •i}},�,,,, -+, HARRISBURG PA 17120-0225 t .Mt _i. • to O m ; Oo � STATES Certificat 1111 m N aposTALsERi__________417_.___________FtruNg_xp. E nted to usP M i _This Certificate of Mailing provides evideail has been presented > This form maybe used for domestic and International mail. ! ,.; _ 7--......._s + a O O O rj From: KEEFER WOOD ALLEN&RAHAL,LLP �' _ ♦�-z 2 Any O„, 407 N It AT LAW 210 WALNUT STREET PO BOX 1196 to w HARRISBURG PA 17108-1963 . t °-w- o 4731JNn 0 0 - To: SEAN M SCHULTZ ESQUIRE 11 ROADWAY DRIVE SUITE B } ' CARLISLE PA 17015 '+,}K : ' • .Mt ilaUNITED STATES Certificz 0 o POSTAL SERVICE® M ; O N This Certificate of Mailing provides evidence that mall has been presented to LISPS®ft 0 N This form may be used for domestic and International mail. m stn From: KEEFER WOOD ALLEN&RAHAL,LLP t ‘'° p ATTORNEYS AT LAW l $ ° z 210 WALNUT STREET PO BOX 11963 -- 40 N m HARRISBURG PA 17108-1963 ;':; .. y , 0 op 0 To: COMMONWEALTH OF PENNSYLVA IA r. �, a co," (S F o — DEPT OF COMMUNITY AND ECONO ��EV Nn o o < 1. 400 NORTH STREET 4TH FLOOR r •\a6 .....%. .,d-'.1 HARRISBURG PA 17120 3 • PS Form 3817,April 2007 PSN 7530-02-000-9065 ¢ }• ii UNITED STATES Certificate ilia POSTAL SERVICED Maili Of ° ; Oo ° This Certificate of Mailing provides evidence that mail has been presented to LISPS®for me 0 N' n This form may be used for domestic and International mall, m s .— From: KEEFER WOOD ALLEN&RAHAL,LLP III t o w ATTORNEYS AT LAW , 0 o U 1 z 0_ 210 WALNUT STREET PO BOX 11963 P�� 40 Ri h HARRISBURG PA 17108-1963 L'613. f` � o `iJ to w To: PA DEPARTMENT OF REVENUE 7 r4 a-r., o BUREAU OF COMPLIANCE '<s. 1- o o ' _ PO BOX 280948 • .•. ArrZ."A:4- HARRISBURG PA 17128-0948 •'1 •' a PS Form 3817,April 2007 PSN 7530-02-000-9065 . . f Al Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY or:NcE OF THE SiiERIFF F!/-0'rF-/'-�c /� �r TAE"R"/AO/ ~( M& APR 10 �� �q _ . .. � �� CUMBERLAND Ty PENNSYLVANIA Be Ico Community Credit Union vs. Daniel F Parson, Jr. Case Number 2013-1906 SHERIFF'S RETURN OF SERVICE 11/18/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Daniel F. Parson, Jr., but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Lancaster County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 01/08/2014 03:57 PM - Shawn Gutshall, Deputy 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 233 Allen Road, Carlisle, PA 17013, Cumberland County. 02/14/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Lancaster County upon Daniel Parson, Jr., personally, at 1416 Mission Road, Lancaster, PA 17601. So Answers: ChmrioaaLepp|er. Deputy, Sheriff. 03/12/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given accordin to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on March 12, 2014 at 10:00 am. He sold the same for the sum of $ 100 to Attorney Eugene Pepinsky, Jr, on behalf of BELCO Community Credit Union, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $868.37 SO ANSWERS, March 19, 2014 RON R ANDERSON, SHERIFF woouri*Stnt,seriuTeleosm'� � �� ���. ^ ��^^ �o^ ~_� ��'�l*�' .�, v^� - . pee, �� ' ^ ��� �� � _ _- - .' ~^ ��~f4 ^�" � �_/ ' On November 18, 2013 the Sheriff levied upon the . defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 233 Allen Road, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: November 18, 2013 By: Real Estate Coordinator Z :1 d h - nor Arai Vd J 3.4N3C'lONS 2.0 3313:10 LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013 -1906 Civil Term Belco Community Credit Union vs. Daniel F. Parson, Jr. Atty.: Eugene E. Pepinsky, Jr. PLAINTIFF: Belco Community Credit Union. DEFENDANT: Daniel F. Parson, Jr. ATTORNEY FOR PLAINTIFF: Eugene E. Pepinsky, Jr., Esq. (717) 255 -8051. JUDGMENT AMOUNT: $274,534- .55. STREET ADDRESS: 233 Allen Road, Carlisle, Pennsylvania. MUNICIPALITY/COUNTY/STATE: Borough of Carlisle, Cumberland County, Pennsylvania. TAX PARCEL NUMBER: 50 -21- 0329 -003. SEIZED AND SOLD AS THE PROPERTY OF Daniel F. Parson, Jr" under Judgment No. 13 -1906 CIVIL. 67 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 24, January 31, and February 7, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 • Patriot-News Co~ 2020 Technology P#cew Suite 300 Mechanicsburg, PA 17050 Inquiries-717-255.8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Oepatriogews Now you know 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 Marianne Miller, being duly sworn according to Iaw, deposes and says: That she is the Assistant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, pface and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY - - _ -- - 2013-1906 Civil rm felco Community redit Union Daniel F Parson, Jr. try: Eugene E Pepinslry, Jr PLAINTIFF: BELCO COMMIJNITY CREDIT UNION DEFENDANT DANIEL E PARSON, JR, ATTORNEY FOR PLAINTIFF: EUGENE B. PEPINSKY, JR., ESQ. (717) 255' 8051 JUDGMENT AMOUNT: $274,534.55 STREET ADDRESS: 233 This ad ran on the date(s) shown below: 01/19/14 01/26/14 Sworn nd su scribed before me t 8 day of Februa , 2014 A.D. OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington ��Dauphin County My Commission expires Dec. 12,�2016 MEMBER, PiNNAVrokita, ASSOATION OP NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which BELCO Community Credit Union is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 1st day of November, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1906, at the suit of BELCO Community Credit Union against Daniel F. Parson Jr. is duly recorded as Instrument Number 201407352. IN TESTIMONY WHEREOF, I have hereunto set my hand D4, and seal of said office this ,A.D. a ©/L( a . L ±e4hm, Qkt) r Recorder of Deeds day of Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018