Loading...
HomeMy WebLinkAbout14-0843 P r, LAljp EP�I�S YL V� � HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. ► H - S� 3 �� KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, and KENNETH W. HEISER d /b /a YELLOW BREACHES BOX COMPANY, Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants, Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d /b /a Yellow Beaches Box Company, as follows: Principal Sum Due - $ 158,871.32 Interest to 1/8/2014 - 8,619.96 Late Fees to 1/8/2014 - 2,721.20 Attorney's Commission (10% of unpaid principal and interest) - 16.749.13 Total - $ 186,961.61 � f n #f has Nona l' 1 Together with interest which continues to accrue at the contract rate after January 8, 2014 and after entry of judgment and until paid in full ($26.478553 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. HENRY & EAVER LLP By: MARC' HESS I.D. #55774 Attorney for Defendants Prothonotary - 2 - D IHON� FEB 1 A H10.21 COUNTY V A,4IA HENRY & BEAVER LLP .By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW c - vs. : No. 1 1 - �� U KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, and KENNETH W. HEISER d /b /a YELLOW BREACHES BOX COMPANY, Defendants COMPLAINT CONFESSION OF JUDGMENT Plaintiff files this Complaint pursuant to Pa. R.C.P. No. 2951(b) for judgment by confession and avers the following: 1. The Plaintiff is Metro Bank f /k/a Commerce Bank / Harrisburg, N.A., with an office located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. The Defendants are Kenneth W. Heiser and M. Lucinda Heiser, his wife, individually and jointly, and Kenneth W. Heiser d /b /a Yellow Breaches Box Company, each with an address of 1000 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania 17035. 3. Attached hereto as Exhibit "A" is a true and correct copy of the Promissory Note in the original principal amount of Two Hundred Forty Thousand Dollars ($240,000.00) dated, executed and delivered by Defendants Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, to Plaintiff on or about February 17, 2006 (the "Note "). 4. Attached hereto as Exhibit "B" is a true and correct copy of a Commercial Guaranty guaranteeing the obligation under the Note, Exhibit "A ", dated, executed and delivered by Defendant Kenneth W. Heiser d /b /a Yellow Breaches Box Company to the Plaintiff on or about February 17, 2006 (the "Guarantee "). 5. Neither the Note nor the Guaranty have been assigned. 6. Judgment has not been entered on the Note or Guarantee in any jurisdiction. 7. Default was made by the Defendants under the Note and Guarantee in their failure to make payment of the installment of principal and interest due under and pursuant to the Note and Guarantee on March 17, 2013, and in the payment of all subsequent installments, as well as in failure to meet demand for payment in full issued December 6, 2013, whereby the entire sum is in default and immediately due and payable. 8. In order to secure payment of the Note, Defendants Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, made, executed and delivered to Plaintiff the following real estate mortgages: 2 - a. Mortgage dated February 17, 2006, recorded February 27, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania (the "Recorder's Office ") at Record Book 1941, Page 2556 (the "Sandbank Mortgage "), conveying to Plaintiff a security interest in the real estate commonly known and numbered as 1000 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065 (the "Sandbank Road Real Property "). b. Mortgage dated February 17, 2006, recorded February 27, 2006 in the Recorder's Office at Book 1941, Page 2518 (the "231 East Old York Road Mortgage "), conveying to Plaintiff a security interest in the real estate commonly known and numbered as 231 East Old York, Carlisle, Cumberland County, Pennsylvania 17015 (the "231 East Old York Road Real Property "). c. Mortgage dated February 17, 2006, recorded February 27, 2006 in the Recorder's Office at Book 1941, Page 2531 (the "220 East Old York Road Mortgage "), conveying to Plaintiff a security interest in the real estate commonly known and numbered as 220 East Old York Road, Carlisle, Cumberland County, Pennsylvania 17013 (the "220 East Old York Road Real Property "). d. Mortgage dated February 17, 2006, recorded February 27, 2006 in the Recorder's Office at Book 1941, Page 2544 (the "North West Street Mortgage "), conveying to Plaintiff a security interest in the real estate - 3 - commonly known and numbered as 830 North West Street, Carlisle, Cumberland County, Pennsylvania 17013 (the "North West Street Real Property "). The Sandbank Road Real Property, the 231 East Old York Road Real Property, the 220 East Old York Road Property and the North West Street Real Property shall collectively be referred to as the "Real Properties ". Judgment entered hereby on the Note will relate back to the date of the aforementioned and respective Mortgages for lien priority as it relates to the Real Properties. 9. As a consequence of the foregoing and pursuant to the Warrants of Attorney in the Note and Guarantee, Defendants are liable to Plaintiff as follows: Principal Sum Due - $ 158,871.32 Interest to 1/8/2014 - 8,619.96 Late Fees to 1/8/2014 - 2,721.20 Attorney's Commission (10% of unpaid principal and interest) - 16,749.13 Total - $ 186,961.61 Together with interest which continues to accrue at the contract rate after January 8, 2014 and after entry of judgment and until paid in full ($26.478553 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. 10. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 4 - 1 WHEREFORE, Plaintiff demands judgment against Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d /b /a Yellow Breaches Box Company, in the sum of: Principal Sum Due - $ 158,871.32 Interest to 1/8/2014 - 8,619.96 Late Fees to 1/8/2014 - 2,721.20 Attorney's Commission (10% of unpaid principal and interest) - 16,749.13 Total - $ 186,961.61 Together with interest which continues to accrue at the contract rate after January 8, 2014 and after entry of judgment and until paid in full ($26.478553 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy, as authorized by the Warrants of Attorney appearing in the Note and Guarantees. HE LLP By: MARC A I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 Attorney for Plaintiff - 5 - HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. y g'y3 1 KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, and KENNETH W. HEISER d /b /a YELLOW BREACHES BOX COMPANY, Defendants AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF DAUPHIN David M. Chajkowski, Vice President - Asset Recovery Supervisor, of Metro Bank, being duly sworn according to law, deposes and says that he has authority to sign this Affidavit on behalf of Metro Bank and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and that the copies of the Promissory Note, Exhibit "A ", and Commercial Guaranty, Exhibit "B ", attached to the Complaint, are true and correct copies of the originals which are i held in the files of the Plaintiff and which were executed and delivered by the Defendants to Plaintiff. METRO BANK By: David M. Chajkowski Vice President Asset Recovery Supervisor Sworn to and subscri o before me COMMONWEALTH OF PENNSYLVANIA this day of Notarial Seal 2014. Jessica Ann Hamilton, Notary Public Swatara Twp., Dauphin county My commission Expires Jan. 28, 2014 Member, Pennsvivania Association of Notaries otary Public i — 2 — b HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW 'I 4 vs. No. q 3 a - A^'I KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, and KENNETH W. HEISER d /b /a YELLOW BREACHES BOX COMPANY, Defendants AFFIDAVIT AS TO NON - MILITARY SERVICE AND CERTIFICATION OF LAST KNOWN ADDRESS OF DEFENDANTS AND PLAINTIFF COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN Before me the undersigned authority, personally appeared David M. Chajkowski, Vice President - Asset Recovery Supervisor, of Metro Bank, who being duly sworn according to law, deposes and says that upon reasonable investigation to the best of his knowledge and r belief the Defendants are not in the active Military or Naval Service of the United States of America and that the last known address of said Defendants is as follows: 1000 Sandbank Road, Mount Holly Springs, Pennsylvania 17035. The address of the above Plaintiff is 3801 Paxton Street, Harrisburg, Pennsylvania 17111. METRO BANK By: y David M. Chajkowski Vice President Asset Recovery Supervisor Sworn to and subs cribed t o before me this — 2,3 day of 2014. COMMONWEALT of PENNSYLVANIA Notarial Seal Jessica Ann Hamilton, Notary Public Swatara Twp., Dauphin County M Commi ssion Ey ares Jan. 28, 2014 Member, Pennsglvenla ANNOSIe�lon of NotaHes ry Public — 2 — '* _ "PROMISSORY NOTE E'rsncipaf Loan Dane Nlaturtty !_oan No Cau l X011' Accounf C}ffis*er lnttials $ 24.0;000 00 02 -17 2006 02 17 2.021 3308;150 .. References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing • •" has been omitted due to text length limitations. Borrower: Kenneth W. Heiser Lender: COMMERCE BANK /HARRISBURG N.A. M. Lucinda Heiser r COMMERCIAL MORTGAGE DEPARTMENT 1000 Sandbank Road P.O. Box 127 100 SENATE AVENUE Mt. Holly Springs, PA 17065 CAMP HILL, PA 17011 (717) 975 -5630 Principal Amount: $240,000.00 Date of Note: February 17, 2006 PROMISE TO PAY. Kenneth W. Heiser and M. Lucinda Heiser ( "Borrower ") jointly and severally promise to pay to COMMERCE BANK /HARRISBURG N.A. ( "Lender "), or order, in lawful money of the United States of America, the principal amount of Two Hundred Forty Thousand & 00/100 Dollars ($240,000.00), together with interest on the unpaid principal balance from February 17, 2006, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and interest payments in the initial amount of $2,239.11 each, beginning March 17. 2006, with interest calculated on the unpaid principal balances at an interest rate of 7.500% per annum; 119 monthly consecutive principal and interest payments in the initial amount of $2,443.28 each, beginning March 17, 2011, calculated on the unpaid principal balances at an interest rate based on the Prime Rate as established by and adjusted from time to time by the Commerce Bank /Harrisburg, N.A. (currently 8.500 %). plus a margin of 1.000 percentage points, resulting in an initial interest rate of 9.500 %; and one principal and interest payment of $2,443.33 on February 17, 2021, with interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as established,by and adjusted from time to time by the Commerce Bank /Harrisburg, N.A. (currently 8.500 %1, plus a margin of 1.000 percentage points, resulting in an initial interest rate of 9.500 %. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note.. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is L ender's P rime Rate (the "Index "). This is the rate Lender charges, or would charge, on 90 -day _unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently-is 8.500% per annum. The interest rate or rates to be applied to "the unpaid principal balance of this Note will be the rate or - rates set forth herein in the "Payment" section. Notwithstanding any other provision of this J Note,._af the first p stream, th i nter_e_st rate for ea ch s payment stream will be effective as of the last payment date of the just - ending payment stream. NOTICE Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A). increase Borrower's payments to ensure Borrower's loan will. pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C► increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum shall be subject to a penalty charge of 5% the first year of amortization and declining 1% per year thereafter to par. Except for the foregoing. Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment •schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees n6t to send Lender payments marked "paid in full ", "without recourse ", or similar language. It Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full " the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK /HARRISBURG N.A., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011. LATE CHARGE. If a payment is 10 days or more late. Borrower will be charged 5.000% of the regularly scheduled payment. INJEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may_,_it_pe.r_mitted_ under applicable law, increase the variable interest rate on this Note by 2.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ( "Event of Default ") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or.to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false EXHIBIT a a f9 PROMISSORY NOTE Loan J11o: 3308150 (Continued) Page 2 Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (151 days; or (21 if the cure requires more than fifteen 05) days, immediately initiates - steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by Second mortgage on the real estate located at 1000 Sandbank Road, Mt. Holly Springs, Cumberland County, PA 17065, Second mortgage on the property located at 231 E Old York Road, Carlisle, Cumberland County, PA, First mortgage on the property located at 830 N West Street, Carlisle, Cumberland County PA, 17013, Second mortgage on the property located at 220 E Old York Road, Carlisle, PA, Security Interest in all business assets of Coyle Lumber & Millwork, Inc., and Security interest in all business assets of Yellow Breeches Box Company. OPTION TO DECLARE LOAN DUE. Although the repayment of the loan evidenced by this instrument has been designed as if it were to extend for the term established in the "Payment" section, hereinabove outlined, Borrower understands that Lender expressly reserves the right and option, exercisable at its discretion, to declare the entire unpaid principal balance under this Promissory Note together with all interest which shall have accrued thereon to be due and payable on the fifth (5th) anniversary of the date of this Promissory Note and on each succeeding Five(5) year anniversary of that date during the term hereof, hereinafter referred to as "Loan Call Date ". In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by regular first class mail to Borrower's last known address 90 days prior to the Loan Call Date. In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by hand delivery, nationally recognized overnight courier or regular first class mail to Borrower's last known address at least 90 days prior to the Loan Call Date. Borrower shall, on or before the Loan Call Date immediately following such notice, repay the entire principal balance due under the Promissory Note together with all unpaid interest which shall have accrued thereon as well as any other sums which may then be due under the Promissory Note or any other document constituting a part of the within loan transaction. Notice provided by first class mail to Borrower's last known address shall be deemed to have been delivered when deposited in the mail. POST CLOSING COMPLIANCE. Borrower agrees to execute, re- execute, cause a Guarantor(s) or other third party(iesl involved in the loan transaction to execute and/or re- execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or instrument signed in connection with the Loan which was incorrectly drafted and /or signed, as well as any document or instrument which should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten (101 days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option of Lender, upon notice to Borrower, constitute an event of default under the Loan. COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the terms and conditions in the commitment letter issued by Lender to Borrower on or about February 15, 2006. Upon breach of any term of condition therein Lender shall have the right to declare this loan in default and demand payment in full of the principal balance remaining unpaid, together with all interest, which shall have accrued thereon. . REQUIRED DEPOSIT ACCOUNT. Borrower(s) and guarantor(s) shall be required to establish and maintain primary deposit account relationship with Commerce Bank. OPTION TO NEGOTIATE A NEW FIXED R Upon expiration of initial Fixed Rate period Bo r shall have the option to elect a new fixed rate as offered by Lender, if a new fixed not negotiated interest rate shall be Commerce r i plus 0.50% to float. 3UCCESSOR�INTERESTS. The terms c•f the Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, PROMISSORY NOTE Loan No: 3308150 (Continued) Page 3 successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: COMMERCE BANK /HARRISBURG N.A. LOAN SERVICING PO BOX 1195 CAMP HILL, PA 1701 1 -1195. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note- Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; Id) apply such security and direct the order or manner of sale thereof, including without limitation, any non - judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; lel release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and M determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALE71NRUMENT ACCORDING TO LAW. BORRQ X - L t c — ISeall X " ��._ ' ISeaq 6th W. Heiser M. Lucrn erser LASE- 1-0 1 1. vs 1wr — S­ . 1191, 1006 Au .,p rA Hy , VA M. rWIIAwS IC TA. 170 A PN 5 DISCLO' RE FOR CONFESSION OF A 3MENT .:::::::::... ....................................:..::::::..::.:....:.:::::::.::::.::.::.::..::::.:::::::..::.:.:::::::::.:::::.:.::::::..::::::::::::::::..:.:.:.:::::::::.::::::::::::::::.::.::::::::::.::::::::.:::::::.::::::::::._::..::::::::.::::::::::::.::::::::::::::::.:::..:...:::.:::::::::. :::::..::::..:..::::.::::.::::. . ..............................n D Iiafu. rtf............................ :.:::::.. ::::.:.. .................................:................................................................ ................LO#i..N.�...... ........................Calf... o1L::.;::;:;: -;:;; :.::;;: . , ::: -:::: . ...................................................................::...::::::.::::::::-::..................................... Y...........................................::::::::::::.................................... t.. �. ............................... A�Ct�ur�f ..:::::.::::...:;i�f #��� ...........fin €fta#s...... .. References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing " * * *" has been omitted due to text length limitations. Borrower:. Kenneth W. Heiser Lender: COMMERCE BANK /HARRISBURG N.A. M. Lucinda Heiser L COMMERCIAL MORTGAGE DEPARTMENT 1000 Sandbank Road P.O. Box 127 100 SENATE AVENUE Mt. Holly Springs, PA 17065 CAMP HILL, PA 17011 (717) 975 -5630 Declarant: Kenneth W. Heiser 1000 Sandbank Road P.O. Box 127 Mt. Holly Springs, PA 17065 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF Fe--b!2 L� , 20 6(0 , A PROMISSORY NOTE FOR $240,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UN ER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE N TI E OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME FESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THE E FBY TS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER P I APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: : ` :.... : .. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: II 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARA T: X. _. _ ..:..::::.. :::::::::::::::::::..::.::::.:: (Seal) en eth W. Heiser LASER PRO Lending, V., 5.30.00.004 Cop,. H.I.d Fi.... W Solutions. Inc. 1997, 2006. All Right, Reserved. - PA HAWINAPPSILPWIMCFIILPL\D30.FC TA-17014 PR -19 � ��U���U ��� �� ���� �����QF���U���� ��� �U ������l[ ° _'-___ '_ _ CONFESSION - - - - �� References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. t Any item above containing has been omitted due to text length limitations. Borrower: Kenneth W. Hels er Lender: COMMERCE BANK/HARRISBURG m'x. M. Lucinda Heiser ' ` = COMMERCIAL MORTGAGE DEPARTMENT 1000 Sandbank Road P.O.Box 127 100 SENATE AVENUE Mt. Hotly Springs, PA 17065 CAMP HILL, PA 17011 (717) 975-5630 Declarant: xx. Lucinda Heiser ' - -- nou Sandbank Road P.O. Box 127 Mt. Hotly mpwnu^ PA 17065 DISCLOSURE FOR CONFESSION OF JUDGMENT |4rm EXECUTING, THIS _ DAYoF f����u�� . 20 O A PROMISSORY NOTE FOR $o4u'ono.00OBLIGATING xosTo REPAY THAT AMOUNT. A. | UNDERSTAND THAT THE NOTE CONTAINS 4 COmpsmm|Om OF JUDGMENT pnOV|o|Om THAT WOULD pGnxorr LENDER TO emTsn JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPponTum|Tv TO osrsNo AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, oema FULLY Amw`ns OF MY n|o*TS To ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST xos UNDER THE NOTE, | AM umOvv>mo[v' >mTsLuosmTcY' AND VOLUNTARILY xxxm|mo T*sos n|m*To' |mCLuo|No ANY n|m*T TI CE TO ADVANCE N OF THE ENTRY OF JUDGMENT, AND \ EXPRESSLY AGREE AND CONSENT TO LsmDsn'a EmTEn|mo JuoGoxsmT AGAINST xx m|pm AS PRov|mso FOR IN THE COmpsmo|om OF JUDGMENT PROVISION. INITIALS� B. | FURTHER UNDERSTAND THAT no ADDITION TOGIVING LENDER THE RIGHT To ENTER JUDGMENT AGAINST xxs WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION op JUDGMENT PROVISION |m THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT oF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER NT IS ENTERED AND osFons sXsouT|om ON THE JUDGMENT, |Am, mmOvx|macv. INTELLIGENTLY AND VOLUNTARILY xv4m|mm TH . ESE RIGHTS, AND | EXPRESSLY 4mnss AND CONSENT TO Lemosn'S |xoxoEo|ATsLv EXECUTING ON THE JUDGMENT IN ANY xoxmmsn APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING Ms ANY ADVANCE NOTICE. |N\T\ALS- C. upTsn HAVING READ AND osTanxx|mso xv*|oH OF THE FOLLOWING mrATExxsmTs ARE uppucAoLs' BY |mrrvuumm EACH STAT EMENT THAT APPLsS' | nepnsasmT THAT: 7t 1. |vxAo nspRemsmrso BY MY oxxm |mospsmosmT LEGAL COUNSEL |m commeoTmm WITH THE NOTE. 2. A nspncacmr4T|vs OF LENDER opeo|r|oALLY CALLED THE oompsSamm OF JUDGMENT pnov|omN IN THE NOTE TO MY ATTENTION. D. | CERTIFY THAT MY ANNUAL |mooxxE sXossoe V1V.o0o; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN |mmxLso AND SIGNED IT; AND THAT | RECEIVED A COPY AT THE TIME OpSIGNING. THIS o/mcuomuns IS mmEm UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT opA SEALED INSTRUMENT ACCORDING ToLAW. 7) .......::...::......::........................................................................:...::................................. Y.........................................:....: �............................ tra.. l..C. f✓ oii.:. :::...............- .....A.bGC}. rt ................. fi ..........1 I ....... ......................... .................. ,............................:. References in the shaded area aie for Lender's use only and do not limit the applicability of this document to any particular loan or item. + Any item above containing "•� •^ has been omitted due to tekt length limitations. Borrower: Kenneth W. Heiser Lender: COMMERCE BANK /HARRISBURG N.A. M. Lucinda Heiser COMMERCIAL MORTGAGE DEPARTMENT 1000 Sandbank. Road P.O. Box 127 100 SENATE AVENUE Mt. Holly Springs, Pk i1i7065 CAMP HILL, PA 17011 (717) 975 -5630 Guarantor: Kenneth W. Heiser DBA: Yellow Breeches Box Company 1000 Sandbank Road P.O. Box 127 Mt. Holly Springs, PA 17065 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower, or any one or more of them, to Lender, and the performance and discharge, of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce, this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this .Guaranty or any other guaranty of the Indebtedness. Guarantor •. will make any payments to Lender or its order, .on demand, in legal tender of the United States of America, in same -day funds, without set-off _or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty,:Gua(antor's.Iiability is unlimited and Guarantor's, obligations are continuing. INDEBTEDNESS. The Wdr 'Indebtedness" as used V this Guaranty means all of the principal amount outstanding from time to time and at any one or more tiri es,'accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law; attorneys' fees, arisirig from any afid all debts, liabilities and obligations of every nature or form, ndv existing or hereafter arising or'acquired, that Borrower individually or Collectively or inteichan'geably with other`s, owes or will owe Lender: "Indebtedness" includes; witfiout limitation, Ibans,"advances, debt's, overdraft indebtedness, credit t o ?d indebtedness, lease obligations, other obligations; and liabilities of Borrower; or any one W'more of &M and any'preserit'or future`jutlg'nienis against Borrower, or any one or more of them,- future advancei ;,;ebans'or transactions that renew, extend, modify,'refinahce;`consolidate & substitute these debts, liabilities and'obligations'whether: voluntarily or involuntarily incurred; due or to be�brn6 dug"by'tfleiiF te?rtis'of a'cceler'ation; absolute or'contingent; liquidated or unliquidated; determihed`6r'undetermihed; director indirect; primary. or secondar.y.in nature ,or,afising. from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non- negotiable .instrument „or writing; originated by Lender or another or others;, barred or unenforceable against Borrower for any reason whatsoever; for any,transactions _that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise); and originated then reduced or extinguished..and then afterwards increased or reinstated. If Lender presently holds one of more guaranties, or hereafter receives additional guaranties from Guarantor; Lender's'rights under all guaranties s a e cumulative. ' I his uaranty s a not unless specifically r6_Vided - below o t e coniraiy►"affecfoF1A'0alidafe any - such other guaranties. Guarantor's liability will be'Guarantor's aggregate liability under the terns of this Guaranty and any such other unteiminaied guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY” UNDER WHICH GUARANTOR AGREES TO ; GUARANTEE THE FULL AND PUNCTUAL-•PAYMENT P-ERFORMANCE•AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER, OR ANY ONE OR MORE OF THEM, TO LENDE NOW'EXISTING'OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON ; 'THCINDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND,, SUCCEEDING INDEBTEDNESS EVEN.WHEN ALL OR PART_ OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY...This_Guaranty will take effect when received by Lender the necessity of any acceptance by Lender, or any notice:to Borrower,:,and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been peifdrmeA 16161l. = If Guarantor "elects to revoke "ibis Guaranty, Guarantor may only' do so in writing. Guarantor's written notice of revocation,must be mailed to.Lender mail, at Lender's address listed above or such other place as Lender may designate in writing. Written• revocation of this Guaranty will,: apply only to advances .or new Indebtedness created after .actual receipt by. Lende ' r of Guarantor's written revocation. For this purpose.and without limitation, the term "new Indebtedness" does not include the Indebtedness hich at,the time of notice of. revocation is contingent,. unliquidated, undetermined or not due and which later becomes.absolute, liquidated,.determined or due. This Guaranty will continue to. bind Guarantor for. all. the Indebtedness incurred by Borrower or committed by Lender to receipt of Guarantor's written.notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions,. and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this.Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender.'s actual notice of Guarantor's.death. Subject.to the foregoing, Guarantor's executor or administrator or other representative may terminate this Guaranty in the.same manner in which,,Guarantor,might have terminated it and with the. same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall_ not affect the liability of Guarantor:under this Guaranty. A revocation Lender receives from any one or more Guarantors shall .not. affect the liability of any remaining Guarantors under-this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions in the amount of.the Indebtedness,. even to zero dollars ($0.00), prior to Guarantor's. written revocation of this Guaranty shall not constitute a termination of,this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time-to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans. to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of `interest oiri the Indebtedness; extensions may be repeated and may be for longer.than,the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to'release, substitute, agree'not"to "sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or man EXHIBIT ' COMMERCIAL GUARANTY Loan No: 3308150 (Continued) Page 2 without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have -been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (BI this Guaranty is executed at Borrowers request antl'no at - fhe ?(quest of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but in no event later than one - hundred- twenty (120) days after the end of each fiscal year, Guarantor's balance sheet and income statement for the year ended, prepared by Guarantor. Tax Returns. As soon as available, but in no event later than one - hundred - twenty (120) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by Guarantor. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (Al to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private safe of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or defenses arising by reason of (A) any "one action" or "anti- deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or 'otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided how eve. ' �t such assignment shall be effective only for t�} irpose of assuring to Lender full payment in legal tender of the Indebtedness. If Len de equests, any notes or credit agreements now o7., rafter evidencing any debts or obligations of Ban-bwer to Guarantor shall be marked wrth legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor I—— :^ 1 -1 — ^• « ^^ + ,1 .ti„ 1— .,f r--t— f— rimy rn tuna rn file finanr.ina statements and continuation statements COMMERCIAL GUARANTY Logn No: 3308150 (Continued) Page 3 and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related- Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth this. Guaranty ,;,No alter,ati,on- ; of_,or, amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post - judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Guaranty has been accepted by Lender in the Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Kenneth W. Heiser and M. Lucinda Heiser and includes all co- signers and co- makers signing the Note and all their successors and assigns. GAAP. The word "GAAP" means generally accepted accounting principles. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Kenneth W. Heiser, and in each case, any signer's successors and assigns. Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means COMMERCE BANK /HARRISBURG N.A., its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and /or credit agreements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Related Documents.. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental COMMERCIAL GUARANTY Loe ry No: 3308150 (Continued) Page 4 agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY _ AND-AL L AMOUNTS EXPENDED 'ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR , A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN .ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY ". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED FEBRUARY 17, 2006. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARAN OR: f (Seal) en eth W. Heiser INDIVIDUAL ACKNOWLEDGMENT COMMONWEALT OF PE NSYL ANIA ) )SS COUNTY OF ) day of 20 before me the undersi ed otary Publi personally appeared enneth W. Heis r, no n o me (or satisfactorily pro to e t Ueof, rso whose name is subscribed to the within i strument, an cknowledged that he executed the same for the purposes therein ained. In witness I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA 11 Notarial Seal 'amine L' Drawbaugh Notary Pubk otary W 11 4 i in an or the State of ' Carlisle Bon), C utberland County MY, Cwvnission Expires Aug. 14, 2007 umber. Perrsytvarwa Association Of Notaries LASER PRO Ls.Eing. V— 9.30.00.00t CPP, Mar1,nG Fihan W S-tio ti. Inc. 1997. 1008. AY Right, Re,s— PA N:IWINAPPSILPWINICFRLPL\E30.FC M-17014 PR-19 +t ' - _� C. w �U��U � �� ��� �������U�� �� K� ~U���� � .~.~~~°�~°~ v ��..- FOR CONFESSION ~~. A �.~..-.~ . ~ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing has been omitted due to text length limitations. Borrower: - Kenneth xu Heiser ' Lender: COMMERCE BANK/HARRISBURG m-A. M. Lucinda Heise l '____ *� COMMERCIAL MORTGAGE DEPARTMENT 1uoo Sandbank Road p.o. Box 1o7 1oV SENATE AVENUE Mt. Holly Springs, nA 17065 CAMP HILL, pA 17011 (717) 975-5630 Declarant: Kenneth W. *eue,oaA: Yellow Breeches Box Company 1000 Sandbank Road P.O. Box 127 Mt. Holly Springs, nu 17065 DISCLOSURE FOR CONFESSION OF JUDGMENT ~1 | AM EXECUTING, THIS _l_1 ^ o�� �F ' uv�4�_ A GUARANTY OF A pnoxx|oaonY NOTE FOR yu4o'V0V.0V OBLIGATING xxsTO REPAY THAT AMOUNT. A. | UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION Op JUDGMENT PROVISION THAT WOULD PERMIT LENDER TOENTER JuoGxxsmT AGAINST xxe IN CounT. AFTER A ospxucT ON THE ouAnAmTY, xx|T*OuT xovxmCe NOTICE TO ME AND xx|T*oUT OFFERING xxsAN OPPORTUNITY TP DEFEND AGAINST THE ENTRY OF JUDGMENT. |m EXECUTING THE GUARANTY, BEING FULLY AWARE . OF MY n|o*To TO ADVANCE NOTICE AND To4 HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT Lsmocn MAY ASSERT AGAINST xos UNDER THE ouAnxmTv | AM umOxx|mGcv' imTeLumsmTLY' AND VOLUNTARILY mou|mmo T*eoe mo*rS. | �mV RIGHT TO AovmmCs NOTICE OpTHE smTnv OF JUDGMENT, AND | EXPRESSLY AGREE AND CONSENT TO Lsmosn'o GMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. | FURTHER UNDERSTAND THAT |m ADDITION TOGIVING LENDER THE RIGHT To ENTER JUDGMENT AGAINST xxe WITHOUT ADVANCE moT|Cs On x *sun|mG' THE COmpsoomm OF JUDGMENT pR0v|S|Om IN THE GUARANTY ALSO oomnu|ma LANGUAGE THAT xvouLo psnxx|T LsmosR' AFTER ENTRY OF JuooxxsmT. AGAIN xx|T*ouT s|T*sn Aomumos mOTios On A *sAR|mG. To EXECUTE ON THE JUDGMENT oY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OFOn OTHERWISE SEIZING MY PROPERTY, |mFULL on PARTIAL PAYMENT OF THE JUDGMENT. |m EXECUTING THE GUARANTY, BEING FULLY AWARE OpxxY RIGHTS Tm ADVANCE NOTICE AND *aun|mG AFTER JUDGMENT IS ENTERED AND aspmns sXscuT|om ON THE JUDGMENT, |Axx mmOxV|moLY' |mTeLuGemTcY AND VOLUNTARI LY/NAIVING THESE RIGHTS, AND | EXPRESSLY AGREE AND Com8smT TO Lsmosn'o |Mxxso|ATscv sXsounmo ON THE Juoaxosm msn PERMITTED aY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING xxsANY ADVANCE NOTICE. INITIALS: C. xpTsn *Av|mo nsoo AND osrenxo|meo vx*|o* OF THE poLLovv|mo STATEMENTS ARE AppuCuaLs' BY |m|Tmumo EACH STATEMENT THAT APPLIES, | REPRESENT THAT: 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. o. A nspnEesmTATms OF Lsmosn mpeo|p|cALcr oAuso THE oompsag|om OF JUDGMENT pnmV|nmm IN THE ouAnAmTv TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT | RECEIVED 4 COPY AT THE TIME mpSIGNING. THIS o|Souomuns IS omsm umosn asxL AND IT IS INTENDED THAT THIS o|moLoauns IS AND SHALL CONSTITUTE AND HAVE THE EFFECT orA SEALED INSTRUMENT ACCORDING ToLAW. DECLAR NT- n' maaV OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17035 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW ll vs. No. c KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, and KENNETH W. HEISER d /b /a YELLOW BREACHES BOX COMPANY, Defendants NOTICE Pursuant to Pa. R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d /b /a Yellow Beaches Box Company on `a , 2014, in the amount of: Principal Sum Due - $ 158,871.32 Interest to 1/8/2014 - 8,619.96 Late Fees to 1/8/2014 - 2,721.20 Attorney's Commission (10% of unpaid principal and interest) - 16,749.13 Total - $ 186, 961.61 Together with interest which continues to accrue at the contract rate after January 8, 2014 and after entry of judgment and until paid in full ($26.478553 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. Copies all documents filed are attached hereto. P — re th 6 o a OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS - = CUMBERLAND COUNTY, PENNSYLVANIA TO: Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17035 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, and KENNETH W. HEISER d /b /a YELLOW BREACHES BOX COMPANY, Defendants NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against Kenneth W. Heiser and M. Lucinda Heiser, individunllxj and jointly, and Kenneth W. Heiser d /b /a Yellow Beaches Box Company, on / , 2014, in the amount of: Principal Sum Due - $ 158,871.32 Interest to 1/8/2014 - a'.61. 9.96 Late Fees to 1/8/2014 - 2,721.20 Attorney's Commission (10% of unpaid principal and interest) - 16,749.13 Total - $ 186,961.61 Together. with interest which continues to accrue at the contract rate after January 8, 2014 and after entry of judgment and until paid in full ($26.478553 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. Copies of all dovumeqls filed are attached Weto. Prothonotafy OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Kenneth W. Heiser d /b /a Yellow Breaches Box Company 1000 Sandbank Road Mount Holly Springs, PA 17035 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, and KENNETH W. HEISER d /b /a YELLOW BREACHES BOX COMPANY, Defendants NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against Kenneth W. Heiser and M. Lucinda Heiser, individuall and jointly, and Kenneth W. Heiser d /b /a Yellow Beaches Box Company on 2014, in the amount of: Principal Sum Due - $ 158,871.32 Interest to 1/8/2014 - 8,619.96 Late Fees to 1/8/2014 - 2,721.20 Attorney's Commission (10% of unpaid principal and interest) - 16,749.13 Total - $ 186,961.61 Together with interest which continues to accrue at the contract rate after January 8, 2014 and after entry of judgment and until paid in full ($26.478553 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, gether with costs of suit, execution and levy. Copies oJaIld um en file a e attach reto. Prothonotary T HE 2014 FEB � 4 API to. uLlt- 13ERLAIVD COUNTY PENS YLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL cAC,TIOpN( -1LAW vs. No. l — 1 • O "l� KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, and KENNETH W. HEISER d /b /a YELLOW BREACHES BOX COMPANY, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COUNTY: Sir, please enter the appearance of Marc A. Hess, of the law firm of Henry & Beaver LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042 -1140 as attorney for Metro Bank, the Plaintiff in the above - captioned case, Dated: /O , 2014 ARC SS I.D. #55774 Attorney for Plaintiff �r(j1gRLAN,.) HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-1452 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants MOTION FOR ORDER PURSUANT TO NO. 407 OF ACT 6 OF 1974 AND Pa.R.C.P. 2981 et seq. COMES NOW, the Plaintiff, Metro Bank f/k/a Commerce Bank / Harrisburg, N.A., by and through its attorneys, Henry & Beaver LLP, and respectfully represents as follows: 1. On February 14, 2014, pursuant to Pa.R.C.P. 2951(b) Plaintiff entered judgment by confession against Defendants in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed at number 14-843 Civil (the "Confessed Judgment") in a sum itemized as follows: Principal Sum Due - Interest to 1/8/2014 - Late Fees to 1/8/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 158,871.32 8,619.96 2,721.20 16,749.13 $ 186, 961.61 Together with interest which continues to accrue at the contract rate after January 8, 2014 and after entry of judgment and until paid in full ($26.478553 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. 2. On March 13, 2014, Plaintiff filed a Complaint required by No. 407 of the Act of January 30, 1974, P.L. 13, 41 P.S. §101, et seq., as last amended, and Pa.R.C.P. 2981, et seq. against the Defendants which had attached to the front thereof a Notice to Plead within twenty (20) days and which was docketed to action number 14-1452 Civil (the "Conforming Action"). 3. Defendants were served with the Conforming Action by the Sheriff of Cumberland County on March 13, 2014, and Defendants' answer was due to be filed on or before April 2, 2014. 4. Defendants did not answer the Conforming Action and on April 7, 2014, Defendants were mailed by regular United States mail, postage prepaid, written Notices of Intention to File a Praecipe for Entry of Default Judgment. 5. On April 25, 2014, upon Praecipe of Plaintiff, a default judgment was entered in the Conforming Action against Defendants at Action No. 14-1452 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania in the following amount: Principal Sum Due - Force Placed Insurance - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 158,871.32 189.00 9,971.73 2,930.60 16,903.20 $ 188,865.85 Together with interest which continues to accrue at the contract rate after February 28, 2014, 2014 and after entry of judgment and until paid in full ($26.510053 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. 6. Pursuant to No. 407 of the Act of January 30, 1974, P.L. 13, 41 P.S., as last amended, and Pa.R.C.P. 2986(a) the Confessed Judgment and the judgment in the Conforming Action shall merge and the Court shall enter an appropriate Order conforming the Confessed Judgment to the Conforming Action judgment. 7. Movant does not believe that any judge of the Court of Common Pleas of Cumberland County, Pennsylvania has previously ruled upon an issue in this matter nor has any judge been assigned hereto. 8. Concurrence of counsel has not been sought as Defendants do not have counsel of record in the within matter. 9. Movant believes and therefore avers that no argument or briefing is necessary in the within matter as the relief requested herein is required by Pa.R.C.P. 2986(a). WHEREFORE, Plaintiff respectfully moves that this Honorable Court conform the Confessed Judgment entered to No. 14-843 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania to the judgment in this Conforming Action with which it has merged pursuant to Pa.R.C.P. 2986(a) so that execution can be had on the conformed confessed judgment and that an Order directing as such be entered in each action. HENRY & BEAVER LLP .e•1 l By: MAI 1 M' RC A. HESS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Motion for Order Pursuant to Pa.R.C.P. 2986 are true and correct. 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. HENRY EAVER LLP timPAQT By: �...�- M'RCA.HE S I.D. #55774 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Lisa I. Fox, of the firm of Henry and Beaver, LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Motion For Order Pursuant To No. 407 Of Act 6 Of 1974 and Pa.R.C.P. 2981 et seq. by regular United States mail, postage prepaid, on Oc4 , 2014, to the following: Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17035 M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17035 Kenneth W. Heiser d/b/a Yellow Breaches Box Company 1000 Sandbank Road Mount Holly Springs, PA 17035 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK / HARRISBURG, Plaintiff vs. zO'1#JUN -5" AH(J: C PI BERL AND PLN SYLVA COU : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants PRAECIPE FOR WRIT OF EXECUTION UPON A CONFORMED CONFESSED JUDGMENT TO THE PROTHONOTARY: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contact or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966, as amended; and for real property pursuant to Act 6 of 1974, as amended. Issue a Writ of Execution upon a Conformed Confessed Judgment entered in the above matter, V 1. Directed to 0(14 s03.5-6 pci (1 4s08.s-6pd a ao the Sheriff of Cumberland County; G__ -#a `1 x-1135 04 12 TssL,e8 2. Against Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, Defendants, of 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania 17065 and as more fully described in Exhibit "A" attached hereto.; and 3. Index this Writ against Kenneth W. Heiser and M. Lucinda Heiser, Defendants. 4. Amount Due Principal Sum Due - Force Placed Insurance - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 158, 871.32 189.00 9,971.73 2,930.60 16,903.20 $ 188,865.85 Together with interest which continues to accrue at the contract rate after February 28, 2014, 2014 and after entry of judgment and until paid in full ($26.510053 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. CERTIFICATION I, certify that: a) This Praecipe is based upon a judgment entered by confession; and b) The Confessed Judgment has been conformed in accordance with Pa.R.C.P. 2981, et seq., and pursuant to Pa.R.C.P. 2986. Execution may be had on a - 2 - Conformed Confessed Judgment and Notice Pursuant to Pa.R.C.P. 2956.1(c) is not required. HENR ::r:443 E'/ LLP Ate" kt By: ARC SS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 3 - ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING: CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08-12-0338-049 EXHIBIT HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Pr,rI- 11 f1611 :2A ILIA' „ All 11: 113,:t1 NO COUNT PENNS)/ VA N I A METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank f/k/a Commerce Bank / Harrisburg, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed and as of the present time the following information concerning the real property located at 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania 17065, and having a legal description as set forth on Exhibit "A" attached hereto and incorporated by reference: 1. Name and address of Owners or Reputed Owners: Name Address Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 2. Name and address of Defendants in the judgment. Name Address Kenneth W. Heiser M. Lucinda Heiser Kenneth W. Heiser d/b/a Yellow Breeches Box Company 1000 Sandbank Road Mount Holly Springs, PA 17065 1000 Sandbank Road Mount Holly Springs, PA 17065 1000 Sandbank Road Mount Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Metro Bank f/k/a 3801 Paxton Street Commerce Bank / Harrisburg, N.A. Harrisburg, PA 17111 Donald Diehl American Express Bank FSB PA Department of Revenue Bureau of Compliance U.S. Treasury Department 4 East High Street, Suite A Carlisle, PA 17013 4315 S 2700 W Salt Lake City, UT 84184 P.O. Box 280948 Harrisburg, PA 17128 1000 Liberty Avenue Pittsburgh Office Room 808 Pittsburgh, PA 15222 4. Name and address of the last recorded holder of every mortgage of record: Name Address Metro Bank f/k/a 3801 Paxton Street Commerce Bank / Harrisburg, N.A. Harrisburg, PA 17111 5. Name and Address of every other person who has any record lien on the property: Name Address n/a 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: Name Address n/a 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name ; Address Bret P. Shaffer, Esquire Attorney for Kenneth W. Heiser and M. Lucinda Heiser BARIC & SCHERER LLC 19 West South Street Carlisle, PA 17013 Carlisle Area School District 623 West Penn Street Carlisle, PA 17013 Dickinson Township 219 Mountain View Road Mount Holly Springs, PA 17065 Tax Collector, Dickinson Township Carolyn R. McQuillen 219 Mountain View Road Mount Holly Springs, PA 17065 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square, Room 106 Carlisle, PA 17013 Cumberland County Treasurer Cumberland Co. Domestic Relations Support Division Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Attn: John Murphy Department of Public Welfare T.P.L. Casualty Unit Estate Recovery Program Internal Revenue Service Federal Estate Tax Special Procedures Branch Internal Revenue Service Advisory Unit Cumberland County Courthouse One Courthouse Square, Room 103 Carlisle, PA 17013 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Department 280946 Harrisburg, PA 17125-0946 P.O. Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 600 Arch Street P.O. Box 1205 Philadelphia, PA 19105 600 Arch Street, Room 3259 Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements - 4 - herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: June 4, 2014 HENRY :EAVER LP By: Anik. grAft4h. ARC A. H' SS I.D. #55774 Attorney for Plaintiff ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08-12-0338-049 EXHIBIT I _A_ AH►f: LUMSr. RL A Ci PENNS`r'LYANj 'f IA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Room location will be posted at every entrance. WEDNESDAY SEPTEMBER 2014 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, which are more fully described below: OWNER OF PROPERTY: Kenneth W. Heiser M. Lucinda Heiser LOCATION OF PROPERTY TO BE SOLD: 1000 Sandbank Road Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriff's sale takes place pursuant to a Judgment against Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d/b/a Yellow Breeches Box Company in favor of Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. which Judgment was entered at No. 14 -843 -Civil Term in the amount of: Principal Sum Due - Force Placed Insurance - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 158,871.32 189.00 9,971.73 2,930.60 16,903.20 $ 188,865.85 Together with interest which continues to accrue at the contract rate after February 28, 2014, 2014 and after entry of judgment and until paid in full ($26.510053 per diem), additional late fees'as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. 2 TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriffs Sale, but before delivery of the Sheriffs Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Marc A. Hess I.D. #55774 HENRY & BEAVER'LLP Attorney for Plaintiff 3 Ronny R. Anderson Sheriff of Cumberland County ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08-12-0338-049 EXHIBIT THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net METRO BANK F/K/A COMMERCE BANK/HARRISBURG Vs. NO 14-843 Civil Term CIVIL ACTION — LAW KENNETH W. HEISER AND M. LUCINDA HEISER, INDIVIDUALLY AND JOINTLY, AND KENNETH W. HEISER D/B/A YELLOW BREECHES BOX COMPANY WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $188,865.85 L.L.: $.50 Interest WHICH CONTINUES TO ACCRUE AT THE CONTRACT RATE AFTER 2/28/14 AND AFTER ENTRY OF JUDGMENT AND PAID IN FULL ($26.510053 PER DIEM) Atty's Comm: Atty Paid: $74.50 Plaintiff Paid: Date: 6/5/14 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary (Seal).( - Deputy REQUESTING PARTY: Name: MARC A. HESS, ESQUIRE Address: HENRY & BEAVER, LLP 937 WILLOW STREET P.O. BOX 1140 LEBANON, PA 17042 Attorney for: PLAINTIFF Telephone: 717-274-3644 Supreme Court ID No. 55774 4 iJT. "•. �� •rli„_ t..rfCi"fit^ r„ c`Gi't s;U'+pit Li /M. 10: 06, CUMBERLAND PENNS YL VA NIA COUNTY HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Room location will be posted at every entrance. WEDNESDAY SEPTEMBER 3, 2014 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, which are more fully described below: OWNER OF PROPERTY: Kenneth W. Heiser M. Lucinda Heiser LOCATION OF PROPERTY TO BE SOLD: 1000 Sandbank Road Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit "A". IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriffs sale takes place pursuant to a Judgment against Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d/b/a Yellow Breeches Box Company in favor of Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. which Judgment was entered at No. 14 -843 -Civil Term in the amount of: Principal Sum Due - Force Placed Insurance - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 158,871.32 189.00 9,971.73 2,930.60 16,903.20 $ 188,865.85 Together with interest which continues to accrue at the contract rate after February 28, 2014, 2014 and after entry of judgment and until paid in full ($26.510053 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. 2 TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriff's Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriff's Sale, but before delivery of the Sheriff's Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Marc A. Hess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff -3 Ronny R. Anderson Sheriff of Cumberland County ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08-12-0338-049 EXHIBIT I JUN 13 frN 1i: 17 CUMBERLAND COUNT PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank f/k/a Commerce Bank / Harrisburg, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed and as of the present time the following information concerning the real property located at 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania 17065, and having a legal description as set forth on Exhibit "A" attached hereto and incorporated by reference: 1. Name and address of Owners or Reputed Owners: Name Kenneth W. Heiser M. Lucinda Heiser Address 1000 Sandbank Road Mount Holly Springs, PA 17065 1000 Sandbank Road Mount Holly Springs, PA 17065 2. Name and address of Defendants in the judgment. Name Kenneth W. Heiser M. Lucinda Heiser Kenneth W. Heiser d/b/a Yellow Breeches Box Company Address 1000 Sandbank Road Mount Holly Springs, PA 17065 1000 Sandbank Road Mount Holly Springs, PA 17065 1000 Sandbank Road Mount Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. Donald Diehl American Express Bank FSB PA Department of Revenue Bureau of Compliance U.S. Treasury Department Address 3801 Paxton Street Harrisburg, PA 17111 4 East High Street, Suite A Carlisle, PA 17013 4315 S 2700 W Salt Lake City, UT 84184 P.O. Box 280948 Harrisburg, PA 17128 1000 Liberty Avenue Pittsburgh Office Room 808 Pittsburgh, PA 15222 2 Unemployment Compensation Fund Office of UC Tax Services 651 Boas Street Harrisburg, PA 17121 4. Name and address of the last recorded holder of every mortgage of record: Name Address Metro Bank f/k/a 3801 Paxton Street Commerce Bank / Harrisburg, N.A. Harrisburg, PA 17111 5. Name and Address of every other person who has any record lien on the property: Name Address n/a 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: Name Address n/a 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Bret P. Shaffer, Esquire Attorney for Kenneth W. Heiser and M. Lucinda Heiser BARIC & SCHERER LLC 19 West South Street Carlisle, PA 17013 Carlisle Area School District 623 West Penn Street Carlisle, PA 17013 Dickinson Township Tax Collector, Dickinson Township Cumberland County Tax Claim Bureau Cumberland County Treasurer Cumberland Co. Domestic Relations Support Division LCB Sheriff/County Tax Claims Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Commonwealth of Pennsylvania Department of Revenue Bureau of Individual Taxes Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare T.P.L. Casualty Unit Estate Recovery Program Internal Revenue Service Advisory Unit 219 Mountain View Road Mount Holly Springs, PA 17065 Carolyn R. McQuillen 219 Mountain View Road Mount Holly Springs, PA 17065 Cumberland County Courthouse One Courthouse Square, Room 106 Carlisle, PA 17013 Cumberland County Courthouse One Courthouse Square, Room 103 Carlisle, PA 17013 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Department 280946 Harrisburg, PA 17125-0946 P.O. Box 280603 Harrisburg, PA 17128-0603 P.O. Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 4 Internal Revenue Service Technical Support Group William Green Federal Building 600 Arch Street, Room 3259 Philadelphia, PA 19106 Internal Revenue Service 600 Arch Street, Room 3259 Advisory Unit Philadelphia, PA 19106 Internal Revenue Service Federal Estate Tax Special Procedures Branch Commonwealth of Pennsylvania Dept. of Labor and Industry 600 Arch Street P.O. Box 1205 Philadelphia, PA 19105 Office of U.C. Tax Services 333 Market Street, 16th Floor Harrisburg, PA 17101-2236 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. HENRY &;A, RL Date: June lb , 2014 By: P A A. H : SS I.D. #55774 Attorney for Plaintiff ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08-12-0338-049 EXHIBIT m� HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 • OF THE 1"RO THONO TAR `K' 2014 JUL s2 f 11: 314 CUMBERLAND COUNTY PENNSYLVANIA METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : . and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF LEBANON I, Marc A. Hess, attorney for Plaintiff, do hereby certify that I made service of the attached Notice Pursuant to Section 7425(c) of the. United States Internal Revenue Code, Exhibit "A", upon the Internal Revenue Service as follows: Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 600 Arch Street, Room 3259 Philadelphia, PA 19106 Received 6/26/2014 Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Received 6/25/2014 Attached hereto as Exhibit "B" and made a part hereof are the United States Postal Service Domestic Return Receipts and Receipt CATI ified Mail. E1d. ARC A. ESS Sworn to and subscribed to before me this 30`11, day of 2014. A_II 9 NOTARIAL SEAL PATRICIA L YOUNG, NOTARY PUBLIC CITY OF LEBANON. LEBANON COUNTY MY COMMISSION EXPIRES DECEMBER 17, 2017 Charles V. Henry, IIl Frederick S. Wolf Thomas P. Harlan Wiley P. Parker* John H. Whitmoyer Christopher J. Coyle Kevin M. Richards Marc A. Hess Amy B. Leonard Roberta J. Gantea Heather A. Eggert Henry&Beaver«, ATTORNEYS AT LAW 937 Willow Street R. Hart Beaver P.O. Box 114o Retired Lebanon, PA 17042-114o www.henrybeaver.com Phone (717) 274-3644, Ext. 115 Fax (717) 274-6782 hess@henrybeaver.com June 23, 2014 Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 600 Arch Street, Room 3259 Philadelphia, PA 19106 Internal Revenue Service Attn: Collection Advisory Group Manager A3vlsory Crit 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 * Certified in Civil Trial Advocacy by the National Board of Trial Advocacy Re: Notice Pursuant to Section 7425(c) of the Internal Revenue Code Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. v. Kenneth W. Heiser and M. Lucinda Heiser, Individually and Jointly and Kenneth W. Heiser d/b/a Yellow Breeches Box Company Common Pleas Court, Cumberland County, Pennsylvania Civil Action No. 14-843 Civil Term Sheriff's Sale of Valuable Real Property Scheduled for September 3, 2014 Dear Sir or Madam: Notice is hereby given pursuant to Section 7425(c) of the Internal Revenue Code with respect to the scheduled Sheriff's Sale of real estate situate at 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania 17065, as follows: EXHIBIT Henry & Beaver LLP Page 2 June 23, 2014 1. The name and address of the person giving the Notice is: Marc A. Hess, Esquire HENRY & BEAVER LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 hess@henrybeaver.com Attorney for Metro Bank 2. The Sheriff's Sale is being held pursuant to a money Judgment entered to No. 14-843 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. The Note upon which the judgment was entered is secured by a Mortgage against the Debtor/Defendants' real property dated February 17, 2006, recorded February 27, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Record Book 1941, Page 2556, et seq. For priority purposes the judgment on the Note relates back to the date of the Mortgage. 3. The United States government has recorded a federal tax liens against the Defendant. The Tax lien was entered in the Court of Common Pleas of Cumberland County, Pennsylvania as follows: Number 13-558 14-1182 Date Recorded February 1, 2013 —March -3-4-2014 —201-4 Amount $22,187.44 $68-328.13 Copies of the Forms 668 affecting the property to be sold are attached hereto. 4. The property to be sold is commonly known and numbered as 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania 17065 (the "Real Property"). The Real Property is more particularly described in a Deed recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208, Page 671, et seq., dated September 28, 1999, recorded September 29, 1999. (See abstract and Deed copies included herewith.) 5. The Real Property will be exposed to sale on Wednesday, September 3, 2014 at 10:00 a.m., local prevailing time, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 6. A copy of the Notice of Sheriff's Sale required by the Pennsylvania Rules of Civil Procedure is included herewith. Henry & Beaver LLP Page 3 June 23, 2014 7. A full legal description of the property is included with and attached to the Notice of Sheriff's Sale referred to in paragraph 6 above. 8. An abstract of title is attached hereto. 9. The approximate amount of debt, interest and costs are as follows: Principal Sum Due - Force Placed Insurance - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 158,871.32 189.00 9,971.73 2,930.60 16,903.20 $ 188,865.85 Together with interest which continues to accrue at the contract rate after February 28, 2014, 2014 and after entry of judgment and until paid in full ($26.510053 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. An additional copy of this Notice is enclosed. Please acknowledge receipt of the same and return it to me in the enclosed self-addressed, stamped envelope. If you have any questions or comments, please feel free to contact me. /lif encl. CERTIFIED MAIL, RETURN RECEIPT REQUESTED No. 7012 3050 0002 1636 2350 7012 3050 0002 1636 2374 cc: Ms. Melissa Auman, Metro Bank - w/encl. 11883 Form 668 (Y)(c) (Rev. February 2004) Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL BUSINESS/SELF EMPLOYED AREA # Lien Unit Phone: (800) 913-6050 Serial Number 917867113 For Optional Use by Recording Office As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien In favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, Interest, and costs that may accrue. Name of Taxpayer KENNETH W HEISER Residence PO BOX 127 MT HOLLY SPGS, PA 17065-0127 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). -n 1Tl co -c r'v` W W 3( pi C.1-: Kind of Tax (a) 6721 941 941 Tax Period Ending (b) 12/31/2009 12/31/2010 12/31/2010 Identifying Number (c) 23-2214167 23-2214167 23-2214167 Date of Assessment (d) LastDay e Unpaid Balance of Assessment (f) 09/24/2012 05/16/2011 08/27/2012 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 This notice was prepared and signed at the 10/24/2022 06/15/2021 09/26/2022 Total $ 11997.45 10189.99 22187.44 DETROIT, MI 23rdday of January 2013• Title Signature /7-..---NC_cs-cs REVENUE OFFICER for LINDSEY 0 BOWLIN (717) 777-9623 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity ofForotice of Fede) (Rev. ral Tax lie2004) n Rev. Rul. 71-466, t 971 - 2 C.B. 409) , Part I . Kept By Recording Office CAT. NO 60025X I , on this, 22-06-1413 Form 668 (Y)(c) (Rev. February 2004) 11883 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL BUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 829-3903 Serial Number 990348614 For Optional Use by Recording Office As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) ?RO I Ho :: Ai-. 29I td MAR 3 I PM 12: ( 6 I- t\ CUMBERLAND CCUII UY PENNSYLVANIA p have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. • Name of Taxpayer KENNETH HEISER Residence 1000 SANDBANK RD MT HOLLY SPRINGS, PA 17065-1147 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Tax Period Date of Last Day for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Refiling of Assessment (a) (b) (c) (d) (e) (f) CIVP 06/30/2011 XXX -XX -9491 07/15/2013 08/14/2023 3801.82 CIVP 09/30/2011 XXX -XX -9491 07/15/2013 08/14/2023 14012.81 CIVP 12/31/2011 XXX -XX -9491 07/15/2013 08/14/2023 12389.67 CIVP 03/31/2012 XXX -XX -9491 07/15/2013 08/14/2023 7779.38 CIVP 06/30/2012 XXX -XX -9491 07/15/2013 08/14/2023 11734.98 CIVP 09/30/2012 XXX -XX -9491 07/15/2013 08/14/2023 8654.21 CIVP 12/31/2012 XXX -XX -9491 07/15/2013 08/14/2023 9955.31 Place of Filing Prothonotary Cumberland County Total $ 68328.18 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI , on.this, the 20th day of March 2014 Signature Title ACS SBSE for P.A. BELTON (800) 829-3903 22-00-0001 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Form 668(Y)(c) (Rev. 2-2004) Part 1 - Kept By Recording Office CAT. NO 60025X 315'91792 THIS DEED, MADE T71E4 day of September in the year one thousand nine hundred ninety-nine (1999), BETWEEN FAY E. McCOY and R. WILLIAM McCOY her husband, of Dickinson Township, Cumberland County, Pennsylvania, hereinafter called Grantors, AND KENNETH W. HEISER and M. LUCINDA HEISER, his wife, of Dickinson Township, Cumberland County, Pennsylvania, hereinafter called Grantees: WITNESSETH, that in consideration of the sum of One and no/100 ($1.00) Dollar, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey unto the said Grantees, their heirs and assigns, as tenants by the entireties ' ALL that certain tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point common to lands of Parker Group, Uoyd Rockey and R. William McCoy, said point is in private road also known as Oak Lane Manor, thence along lands of Uoyd Rockey, South 21 degrees 00 minutes West 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club. South 85 degrees 30 minutes West 525.41 feet, more or less to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book , Page , North 05 degrees 51 minutes 23 seconds West 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through dirt mountain road, North 23 degrees 37 minutes 09 seconds East 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda. South 66 degrees 00 minutes East 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West 234 feet 268 PAU fp%t. to a point; thence along same, North 83 degrees West 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West 138.30 feet; 2) South 57 degrees 35 minutes East 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East 357.00 feet to a point, the Place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which R. William McCoy and Fey E. McCoy, granted and conveyed to Fay E. McCoy, Grantor herein, by deed dated January 14th, 1994 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book " ", Volume , Page R. William McCoy joins in this conveyance as husband of Fay E. McCoy. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day, month and year Scar above written. Sealed and Delivered In the presence of �t Iteo,Ver 1,14 R. WILLIAM McCOY 2 ....... ?08 si."r 672 CO ZT 41d 6Z d3S 66. COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the99106_ day of September, 1999, before me the undersigned officer, personally appeared FAY E. McCOY and R. WILLIAM McCOY, her husband, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instnunent, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. mum ass muse LI N Y Ream cram earnMy Condon alriasieran September___. 1999 Attorney for Grantees COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND RECORDED on this p'; a( day of 5.q A.D. 199.E , in the Recorder's office of the said County, in Deed Book 074 , Page (r I . Given under my hand and seal of the said office, the date above written. RecoerJ�s'� 34;r-' r Fa sot 208 FACE 673 YFtd a fail oo/Dsottwulnt CO PDOOflVAHIA 014.1131 0244 M MD= O AU W n4nRwMTAm out. rola ttAeDiWOO M /nRe0001 REALTY TRANSFER TAX STATEMENT OF VALUE See Raw., for Inittudlous acoours US/ OW oD Complies each ..dloagdlU.bdrpambwbbRecorder of Deeds whom (I) the luS'deefco datatl�n b at? 81041, tad,.I) the fa voloshotaldereoloo is oat set forth in Medea, (21 whoa ,h. died it about amiderml, or by gh arm a tat.semptba b dolmad. A Soment of Vol.. to as requ:rad 0th. tromhr Mwheily exempt from too bard am 11) Bomar iatafo or TH calk tater amaera. 6 mon taco h eaeded mach additional tbwlW. A CORRRSPONDRNT - All InauMult may Ito dLoctod to the following minion: No. i.pbar Nrrtwr '°5"1AdbW Tin e 3. Fiih t � 121ggIr. ._I_ f)/L An. Cnd. OI) i 'f J ) f VWA It IC 1'/T . "a r.? B TRANS R DATA °' mm.t.wa...arN - Q. (Liii €mei ., Limen lallatmbi . f� 4Gi 1A " cveint9t t t FC fa. ...m`C l / cwt >, PA Cat��, (r.4-l:cit Pa nu)� 71+.r k$*>, Zip Cod. )- C PROPERTY LOCATION inna Abb.. 00 5c. 0,4 b& Cbtrla.,td D VALUATION DATA jlSdi^od"Olmfe T.air.Np. 114.4pb f Ts a< k.1214012 I/4. (� cw-6.ra-633&-Dyc� 1. Aad Cash Codent dta. OCaCi«Oj`o WOO !. Otter ra e.,,wk. s. Come. Leal Mak fear X 3 lend Co.ttdaiale. = (c CZ° • Q o a ren Me.t.t Tare = • E EXEMPTION DATA to. mood or Eaapaon Opined lb. Pwtmays of tome Conveyed 2. Check Appropriate Dos &dew for Ix.. Hoa Clamed ❑ vita or t«ertao wowdon Pismo el arm ▪ Dander to ladadrlol Development Agency. ❑ Transfer to a eta Weds aaapho copy of nest agnaaeM Winthrop of b.twfidoriet.) ❑ Trmtd« betiaan pdadpal and ova. (Attach comae* copy of oge.eytdraw parry ogr» use.) ❑ Transfers to the Com o n eel% the United Stars and tommosaofeiar by gift, dedication, co.dsmnoto. or M Yee of oatda.riratten. pf mnd.wnoloe in Dee of cond.maatoa much copy of n olation.) ❑ Dander from mortgagor too holder of a mortgage to defaab. Mortgage Boob Numb */ Hoge Number ❑ Comedic* or conflmotory deed. (Marrs complete coq of the prior deed being corroded or roamed.) ,,,r❑ Stat►tory =tomato._. cotrace, merger or diddat. (Attach ropy a oaWe>a ?ifl. Other (Aeon euplate .nempton darned, 0 other than Bled above) risaci c rat. cL e+k or+ SI. 00 ttederpe.oltles loomSAdertbdIkaeneaesttbed&deStateaexl,buildingaccompmrybgWumatiot,andothebedofpryknowldg. mad belief, D Is true, raved cunt anmplde. Dae a tterp.ertp....ry BOOK 208 PACE 674 701E7YV— 4-a�-�9 FAILURE comma THIS PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAT RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DUD. UN/Fill if ififillefif t ,dirk Af naa mrcui Infirmahro er irr: Coorparly 270 N. Sherman Street Wilkes-Barre, PA 18702 Phone: 800-309-8498 Fax: 877-310-5626 Updated Current Owner Property Report Print Date: 06/04/2014 Pages: 6 Order ID: 895090 Ordered: 06/02/2014 Completed: 06/04/2014 Cover Date: From: 09/29/1999 Cover Date: To: 05/23/2014 Subscriber Information Attention: L.Fox Subscriber Number: 2001925 Subscriber Name: Henry and Beaver LLP Address: 937 Willow Street Lebanon, PA 17046 Reference Number: Metro/CoyleLumber Subject Owner: Co -Owner: Address: Kenneth W Heiser M Lucinda Heiser 1000 Sandbank Rd Mount Holly Springs PA 170651147 County: Cumberland DEED INFORMATION Grantee: Kenneth M. Heiser and M. Lucinda Heiser, his wife, as tenants by the entirities Record Book 208 Record Page Date of Deed 671 09/28/1999 Grantor: Fay E. McCoy and R. William McCoy, her husband Date Deed Recorded 09/29/1999 Description of property as shown on deed to Grantee: Township of Dickinson Comments: Actual consideration is $600,000.00 Search conducted on Deed Book and Page requested Consideration $1.00 * Right of ways and easements are not included in this report. * Accuracy of acreage / square footage is not guaranteed. MORTGAGE INFORMATION DOCKETED TO GRANTEES NAME Mortgage Holder Commerce Bank/Harrisburg, NA Dated 02/17/2006 Type Closed End Date Recorded Record Book 02/27/2006 1941 Comments: Mortgage Holder's Address: 3801 Paxton Street Harrisburg, PA 17111 Record Page 2500 Amount $400,000.00 Order ID: 895090 Mortgage Holder Commerce Bank/Harrisburg, NA Dated Date Recorded Record Book Record Page Amount 02/17/2006 02/27/2006 1941 2556 $240,000.00 Type Open End Comments: Subordination Agreement recorded 04/25/2008 as Instrument Number 200813265 which references Mortgage book 1941 page 2556 Mortgage Instrument Number 200811441 Mortgage Holder's Address: 3801 Paxton Street Harrisburg, PA 17111 • Mortgage Holder Commerce Bank/Harrisburg, NA Dated Date Recorded 04/02/2008 04/11/2008 Type Closed End Comments: *Instrument Number 200811441 Mortgage Holder's Address: 3801 Paxton Street Harrisburg, PA 17111 Mortgage Holder Commerce Bank/Harrisburg, NA Dated Date Recorded 05/08/2009 05/21/2009 Type Open End Comments: *Instrument Number 200916764 Mortgage Holder's Address: 3801 Paxton Street Harrisburg, PA 17111 Record Book * Record Book Record Page Amount * $90,000.00 Record Page Amount * $45,000.00 r Order ID: 895090 JUDGMENTS AND LIENS Number Plaintiff Address Date Recorded Amount 2011-06641 Bureau of Dept. 280948 08/23/2011 $2,267.86 Compliance Harrisburg , PA 17128 / Comments: State Tax Lien vs Kenneth W. Heiser 1000 Sandbank Road Mt Holly Springs, PA 17065 Number Plaintiff Address Date Recorded Amount J 2011-09166 Donald E. Diehl 4 East High Street 12/12/2011 $6,781.83 Suite A Carlisle , PA 17013 Comments: vs Kenneth W. Heiser and M. Lucinda Heiser 1000 Sandbank Road Mt Holly Springs, PA 17065 Number Plaintiff Address Date Recorded Amount 2012-05133 Bureau of Dept. 280948 08/17/2012 $1,243.09 Compliance Harrisburg , PA 17128 Comments: State Tax Lien vs Kenneth W. Heiser 1000 Sand Bank Road Mt Holly Springs, PA 17065 Number Plaintiff Address Date Recorded Amount 2012-05798 Bureau of Dept. 280948 09/18/2012 $2,054.78 Compliance Harrisburg , PA 17128 Comments: State Tax Lien vs Kenneth W. Heiser 1000 Sand Bank Road Mt Holly Springs, PA 17065 Order ID: 895090 Number Plaintiff Address Date Recorded Amount 2013-00558 U S Treasury 1000 Liberty Avenue 02/01/2013 $22,187.44 \ Department Pittsburgh Office Room 808 Pittsburgh, PA 15222 Comments: Federal Tax Lien vs Kenneth W. Heiser PO Box 127 Mt Holly Springs, PA 17065 Number Plaintiff Address Date Recorded Amount 2013-00930 Bureau of Dept. 280948 02/20/2013 $30,221.89 Compliance Harrisburg , PA 17128 Comments: State Tax Lien Vs Kenneth Heiser and Coyle Lumber & Millwork Inc 1000 Sandbank Road Mt Holly Springs, PA 17065 Number Plaintiff Address Date Recorded Amount / 2013-03079 American Express 4315 S 2700 W 10/21/2013 $4,942.43 Bank FSB Salt Lake City , UT 84184 Comments: vs Kenneth Heiser 1000 Sand Bank Road Mt Holly Springs, PA 17065 Number Plaintiff 2013-06309 Metro Bank Address 3801 Paxton Street Harrisburg , PA 17111 Comments: vs Kenneth W. Heiser and M. Lucinda Heiser 1000 Sandbank Road Mt Holly Springs, PA 17065 Complaint in Mortgage Foreclosure Date Recorded Amount 10/25/2013 $397,788.07 Judgment filed 02/07/2014 Number Plaintiff Address Date Recorded Amount 2014-00840 Metro Bank 3801 Paxton Street 02/14/2014 $49,594.52 Harrisburg , PA 17111 Comments: Confession of Judgment vs Kenneth W. Heiser, M. Lucinda Heiser and Yellow Breaches Box Company 1000 Sandbank Road Mt Holly Springs, PA 17065 Order ID: 895090 Number Plaintiff 2014-00843 Metro Bank Address 3801 Paxton Street Date Recorded Amount 02/14/2014 $186,961.61 Harrisburg , PA 17111 Comments: Confession of Judgment vs Kenneth W. Heiser, M. Lucinda Heiser and Yellow Breaches Box Company 1000 Sandbank Road Mt Holly Springs, PA 17065 // • Number Plaintiff 2014-01452 Metro Bank Address 3801 Paxton Street Date Recorded Amount 03/12/2014 $188,865.85 Harrisburg, PA Comments: vs Kenneth W Heiser and M Lucinda Heiser 1000 Sandbank Road Mt Holly Springs, PA 17065 Number Plaintiff Address Date Recorded Amount ' 2014-01477 Metro Bank 3801 Paxton Street 03/13/2014 $50,396.50 Harrisburg, PA 17111 Comments: vs Kenneth W Heiser and M Lucinda Heiser 1000 Sandbank Road Mt Holly Springs, PA 17065 Number Plaintiff Address Date Recorded Amount 2014-01882 US Treasury 1000 Liberty Ave 03/31/2014 $68,328.13 Department Pittsburgh, PA 15222 Comments: vs Kenneth Heiser 1000 Sandbank Road Mt Holly Springs, PA 17065 Number Plaintiff Address Date Recorded Amount 2014-02029 Unemployment 651 Boas Street 04/03/2014 $6,671.75 Compensation Fund Office of UC Tax Harrisburg, PA 17121. Services Comments: vs Kenneth W Heiser 1000 Sandbank Road Mt Holly Springs, PA 17065 * Unless otherwise noted, child or spousal support arrearages or domestic relation liens are not included in this report. "` Please Note: Any liens listed above may reflect common names which may or may not be applicable to your client / borrower. Order ID: 895090 TAX INFORMATION Pin Number: 08-12-0338-049 Map / Plate Number: Assessment Land Buildings Total $107,900.00 $581,600.00 $689,500.00 Status Taxes reported to the Cumberland County Tax Claim Office are paid through 2013 Comments: Clean and Green recorded 11/17/2000 in book 234 page 153 Clean and Green Amendment recorded 01/23/2006 in book 724 page 1430 Assessed Address is 1000 Sandbank Road Search conducted on Parcel Number requested Any delinquent tax amount does not include interest or penalties. Please contact the County Tax Claim Office for an up- to-date payoff feature. Tax information only reflects the status of real estate taxes available from the County's Tax Claim Office. Documents to be recorded should be sent to: Real Estate Services - Ext 2735 United One Resources, Inc. 270 North Sherman Street Wilkes-Barre PA 18702-5316 The liability of United One Resources, Inc. for each and every report shall be limited to a sum not exceeding $500,000. For your protection, United One Resources, Inc. insures its products to that limit with no deductible to our customers. United One Resources, Inc. will not be responsible for any incidental or consequential damages. No liability shall exist for any matters of record that are outside the cover date period. By accepting this report, the recipient acknowledges that the recipient will not use the information contained herein for any past, present, or prospective foreclosure or execution proceedings, or for determination of or notices to creditors of and/or liens against the party searched herein, and should this report be used for such purposes, United One Resources, Inc. assumes no liability for any inaccurate data reported herein. 20 1! CU?' RLQ;; O COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Room location will be posted at every entrance. WEDNESDAY SEPTEMBER 3, 2014 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, which are more fully described below: OWNER OF PROPERTY: Kenneth W. Heiser M. Lucinda Heiser LOCATION OF PROPERTY TO BE SOLD: 1000 Sandbank Road Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriff's sale takes place pursuant to a Judgment against Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d/b/a Yellow Breeches Box Company in favor of Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. which Judgment was entered at No. 14 -843 -Civil Term in the amount of: Principal Sum Due - Force Placed Insurance - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 158,871.32 189.00 9,971.73 2,930.60 16,903.20 $ 188,865.85 Together with interest which continues to accrue at the contract rate after February 28, 2014, 2014 and after entry of judgment and until paid in full ($26.510053 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. -2 TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriff's Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriff's Sale, but before delivery of the Sheriff's Deed to the real property, a petition to set aside the Sheriff's Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Marc A. Hess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 -3 Ronny R. Anderson Sheriff of Cumberland County ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08-12-0338-049 m L) ru rn 4-1 ru D f1.1 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.come Postage Certified 4e • Return Receipt Fe (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage &.Fee S n .- ••• ory Ini Attn...C.caleet.i.on..Advs.ory___Gr_oup._..Man Street, Apt. No4 or PO Box No. 600 Arch St. Rm 3259.. City, State, ZIP+4 Philade PS Form 3800, August 2006 _ ,!" • " See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Internal Revenue Servic Attn- Collectjon ADvisory Group Manager Advisory unit 600 ARch Street, Room 3259 PHiladelphia AP 19106 2. Article Number (Transfer from service label) O Agent O ddressee D. Is delivery addre ifferent from item 1? If YES, enter delivery address below: Yes No . Service Type tipt edified Mail® 0 Priority Mail Express' 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) __ 170123050 4 PS Form 3811,July 2013 Domestic Retum Receipt EXHIBIT P- U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come iar� G .. Q A L; ' Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted DeliveryFee (Endorsement Required) Total Postage &-Fees :$1.82 1 mow $0,00 42 0 Jt12' 32ark014 Postm Here ". USPS 06/23/2014 Sent To ,,IRS — Advisory unit Attn-.., CQL tcti.czn_.Aduiso.ry=--GrManag Street, Apt. No.; - orPOBox No. ..1 00.0 Liberty Ave., Rm 704 City, State, ZIP+4' PS Form 3800, August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • • Complete items 1, 2, and 3. Also com0fete." item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so -that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. !::OMP'.ETE THIS SECTION ON DELIVERY ature i1, Crgg nt .dressee 1. Article' Addressed to: B. eceied by (P ted Name) C. Date of Delhi Int 'nal-- -venue &ervice Attn-CollectionAdvisory Group Manager Advisory Unit 1000 Liberty Avenue, Rm704 PittsburgH PA 15222 2. Article Number (Transfer from service labe0 D. Is de ivery add ss different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ertified Mail® 0 ❑ Registered 0 ❑ Insured Mail ❑ • Priority Mail Express'" Return Receipt for Merchandise ;Collect'ori.Delivery : ` ' 4. Restricted DeliV t i? (i Tj 7►0 ], 23{il is Fee) 0 Yes i.,PS Form 3811, July 2013 Domestic Return Receipt friE,f0 rtioNo cuicte PENRL N!?C©U ry C �q �/Iq r HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER-.: d/b/a YELLOW BREECHES BOX COMPANY, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF LEBANON I, Lisa I. Fox, of the law firm of Henry & Beaver LLP, depose and state that: 1. I forwarded a certified true and correct copy of the attached Notice of Sheriffs Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by first class United States mail, proper postage prepaid, on June 16, 2014, to: Name Kenneth W. Heiser M. Lucinda Heiser Kenneth W. Heiser d/b/a Yellow Breeches Box Company Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. Donald Diehl American Express Bank FSB PA Department of Revenue Bureau of Compliance U.S. Treasury Department Unemployment Compensation Fund Bret P. Shaffer, Esquire Attorney for Kenneth W. Heiser and M. Lucinda Heiser Carlisle Area School District Dickinson Township Tax Collector, Dickinson Township Address 1000 Sandbank Road Mount Holly Springs, PA 17065 1000 Sandbank Road Mount Holly Springs, PA 17065 1000 Sandbank Road Mount Holly Springs, PA 17065 3801 Paxton Street Harrisburg, PA 17111 4 East High Street, Suite A Carlisle, PA 17013 4315 S 2700 W Salt Lake City, UT 84184 P.O. Box 280948 Harrisburg, PA 17128 1000 Liberty Avenue Pittsburgh Office Room 808 Pittsburgh, PA 15222 Office of UC Tax Services 651 Boas Street Harrisburg, PA 17121 BARIC & SCHERER LLC 19 West South Street Carlisle, PA 17013 623 West Penn Street Carlisle, PA 17013 219 Mountain View Road Mount Holly Springs, PA 17065 Carolyn R. McQuillen 219 Mountain View Road Mount Holly Springs, PA 17065 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square, Room 106 Carlisle, PA 17013 Cumberland County Treasurer Cumberland Co. Domestic Relations Support Division LCB Sheriff/County Tax Claims Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Commonwealth of Pennsylvania Department of Revenue Bureau of Individual Taxes Cumberland County Courthouse One Courthouse Square, Room 103 Carlisle, PA 17013 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Department 280946 Harrisburg, PA 17125-0946 P.O. Box 280603 Harrisburg, PA 17128-0603 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare T.P.L. Casualty Unit Estate Recovery Program 6th Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 Internal Revenue Service 1000 Liberty Avenue, Room 704 Advisory Unit Pittsburgh, PA 15222 Internal Revenue Service Technical Support Group William Green Federal Building 600 Arch Street, Room 3259 Philadelphia, PA 19106 Internal Revenue Service 600 Arch Street, Room 3259 Advisory Unit V Philadelphia, PA 19106 Internal Revenue Service Federal Estate Tax Special Procedures Branch 600 Arch Street P.O. Box 1205 Philadelphia, PA 19105 Commonwealth of Pennsylvania Dept. of Labor and Industry Office of U.C. Tax Services 333 Market Street, 16th Floor Harrisburg, PA 17101-2236 Attached hereto as Exhibit "B" and made a part hereof are the United States Postal Service Form 3817 Certificates of Mailing. 2. I also forwarded a true and correct copy of the attached Notice of Sheriff's Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by First Class United States Mail, Certified, Return Receipt Requested, on June 16, 2014 to the Defendants, as follows: Name Address Service Kenneth W. Heiser 1000 Sandbank Road Returned Marked "Return Mount Holly Springs, PA 17065 to Sender - Unclaimed - Unable to Forward" on July 7, 2014 M. Lucinda Heiser 1000 Sandbank Road Returned Marked "Return Mount Holly Springs, PA 17065 to Sender - Unclaimed - Unable to Forward" on July 7, 2014 Attached hereto as Exhibit "C" and made a part hereof are the United States Postal Service Domestic Return Receipts, Receipts for Certified Mail and returned envelopes. Sworn to and subscribed to before me this (S day o 2014 I NOTA' EAL PATRICIA L YOUNG, NOTARY PUBLIC CITY OF LEBANON, LEBANON COUNTY MY COMMISSION EXPIRES DECEMBER 17, 2017 Notary Public 2014JJ1-5 API(: iJ6 CUMBERL ANL) COUNTY PENNS YLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Room location will be posted at every entrance. WEDNESDAY SEPTEMBER 3, 2014 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, which are more fully described below: EXHIBIT I� OWNER OF PROPERTY: Kenneth W. Heiser M. Lucinda Heiser LOCATION OF PROPERTY TO BE SOLD: 1000 Sandbank Road Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriff's sale takes place pursuant to a Judgment against Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d/b/a Yellow Breeches Box Company in favor of Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. which Judgment was entered at No. 14 -843 -Civil Term in the amount of: Principal Sum Due - Force Placed Insurance - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 158,871.32 189.00 9,971.73 2,930.60 16,903.20 $ 188,865.85 Together with interest which continues to accrue at the contract rate after February 28, 2014, 2014 and after entry of judgment and until paid in full ($26.510053 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. 2 ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08-12-0338-049 I I _JJ I I. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriff's Sale, but before delivery of the Sheriff's Deed to the real property, a petition to set aside the Sheriff's Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Marc A. Hess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff -3 Ronny R. Anderson Sheriff of Cumberland County Name and Address of Sendertype A. Hess, Esquire Marc5 Henry & Beaver LLP 937 Willow Street P.O. BOX 1140 Lebanon, PA 17042 1140 Check type of mail or service: Certif icates of Mailing 0 Adult Signature Required 0 Ad01t Signature Restricted Delivery ❑ Certified Mail ❑ Recorded Delivery (International) ❑COD ❑ Registered ❑Delivery Confirmation ❑Return Receipt for Merchandise ❑ Express Mail ❑ Confirmation• p SignaturePostmark ❑ Insured Affix Stamp Here (/(issued as a certificate of mailing or radditional) copies of this bill and Date of Receipt p #"rti i t}- age ■t•- ' J�::.r P " zr , r: "hy�i{ .17, Ly a'.t':�" ;tit- ' ;tit- . ` �p �� 0 2 1P 000'776012 � `: 1 1 Article Number TM Addressee (Name, Street, City, State, & ZIP Code ) Postage g Fee Handling Charge Actual Value if Registered Insured Value D + :''' tVv� ee _�iY ee z i • • ee 1. Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 en i , 2. n.da Hc•sor 1000. Sandbank Road.... Mount Holly Springs, PA 17065 Kenneth W.- . Heiser 3 d/b/a Yellow Biee.hes Box Company 1000 -Sandbank -Road Mount Holly Springs, PA 17065 Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 1_7111___ Donald Diehl 4 5 4 East High Street, Suite A Carlisle, PA 17013 AmericanExpress Bank FSB___ 4315S2700W 6. Salt Lake City, UT 84184 PA -Department of -Revenue Bureau off -Compliance . - . P.O. Box 280948 7. Harrisburg, PA 17128 U.S:Treasury Department 1000 -Liberty Avenue Pittsburgh Office Room 808 8. Pittsburgh, PA 15222 Total Number of Pieces Listed by Sender Tot. umber of Pieces Re- : , .:‘., at Post ice ost aster, P (N e of receiving employee) PS Form 3877, June(Page11 of 2)• Complete by Typewriter; [Mc or,Ball e+% i oint Pen See Privacy Act Statement on Reverse Name and Address of Sender Marc A. Hess, Esquire9(If Henry & Beaver LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Check type of mail or service: Certificates of Mailing 0 Adult Signature Required 0 AdaIt Signature Restricted Delivery 0 Certified Mail 0 Recorded Delivery (International) ❑COD 1:1 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise ❑Express Mail 0 Signature Confirmation ❑ Insured Affix Stamp Here issued as a certificate of mailing �A. �- i or for additional 4ca*, copies of this bill) •a, y -R.44, Postmark and 4,.. "} Date of Recei.t :Lio-...izErti.. c�P 2 �; r ' -!& 02 1P , pn�,_ �"r ,_ ren - PITNEY $ 003'676 . - -- BOW, Article Number Addressee (Name, Street, City, State, & ZIP Code n"1) Postage Fee Handlin Charge Actual Value if Registered Insured Value D + .9. _= = e R � A. • F� ,,,,,i7....7• 3� anieAe 1. Unemployment Compensation Fund Office of UC Tax Services 651. Boas Street Harrisburg..PA 17121 2 Bret P. Snafter, Esquire Attorney forKennethW. Heiser and M. Lucinda Heiser BARIC & SCHERER LLC 19 West -South Street 3. Carlisle Area School District 623 West Penn Street Carlisle, PA 17013 • 219 Mountain. View. Road Mount Holly Springs, PA 17065 Tax -Collector, Dickinson Township Carol n R. McQuillen 5• 219 Mountain View Road Mount Holly Springs, PA 17065 Cumberland County Tax Claim Bureau Cumberland County Courthouse :- - •6• Carlisle, PA 17013 Cumberland County Treasurer • Cumberland County Courthouse -- - One Courthouse Square, Room 103 7 Carlisle, PA 17013 Cumberland Co Domestic Relations Support Division 13 -North Hanover Street - • -. • 8. ' Carlisle, PA 17013 Total Number of Pieces i .. umber Listed by Sender eived 8 �� of Pieces at-P..t • �, � ostmaster, Per (Name of receiving employee) PS Form 3877, Jute -20"(1 (ge 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen. -`\See Privacy Act Statement on Reverse .;A b2014 FS 14 46 Name and Address of Sender Marc A. Hess, Esquire(If & Beaver LLP Henry0 937 Willow Street P.O. BOX 1140 Lebanon, PA 17042-1140 type Certificates of Mailing Check t e of mail or service:p 0 Adult Signature Required 0 Ad01t Signature Restricted Delivery Certified Mail 0 Recorded Delivery (International)u•.�' 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail ❑ Signature Confirmation ❑ Insured Affix Stamp Here issued as a certificate of mailing or for additional copies of this bill) Postmark and Date of Receipt `t, U:4}'t ' 5; 4- {}y 1't • `,, •. ct� r+j y 02 ' a a a % F R POS). o P EeR �_ A PI FtTt $ 002.1E a, ee0 E9 ' '` �`� a ` _O �� Article Number Addressee (Name, Street, City, State, & ZIP CodeTM) Postage Fee Handling Charge Actual Value if Registered Insured Value Drj 1. LCB S.heriff.LCounty.Tax..Claims Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance 2. Department 280946 Harrisburg, PA 17125-0946 Commonwealth -of -Pennsylvania Department Revenue 3• of Bu.reau..of._Individual Taxes-_--. __......___.. P, .. Box 280603 Harrisburg, PA 17128-0603.....-. 4. Commonwealth of Pennsylvania Department 'of Welfare P.O. Box 2675 - Harrisburg PA 17105 5. Commonwealthof. Bureau of individual .Taxes_. Inheritance Tax Division .. ........................... 6th Floor, Strawberry Square 6. Department 280601 Harrisburg, PA 17128 elfare Department of Public Welfare- 7. 7 T.P.L. Casualty Unit Estate -Recovery Program Willow..Oak. Building P.O. Box 8486 -- _ — Harrisburg, PA 17105 8. Total Number of Pieces Listedby Sender ��o umb f Pieces ed aP Orrice Postmaster Name of receiving employee) PS Form 3877, June -2611 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse Name and Address of Sender Marc A. Hess, Esquireg Henry & Beaver LLPcertificate 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Check type of mail or service: Certificates of Mailing 0 Adult Signature Required 0 Ad01t Signature Restricted DeliveryAffix qg 0 Certified Mail 0 Recorded Delivery (International) CI ❑Registered 0 DeliveryConfirmation 0 Return Receipt for Merchandise p 0 Express Mail 0 Signature Confirmation ❑ Insured Stamp Here (If issued as a of mailing+10...4ti or for additional copies of this bill) Postmark and Date of Receipt }",, ' �J' {_-� r, •'4• t+ ' :14,10 •mac POSE y�P /^8.�..�® / , • Z 02 1 P 0001776012 qsk ��,,� BOW 1 2 ��� PITNEY o0 JUN Article NumberAddressee (Name,Street, City,State &ZIP Code') ) Postage Fee Handling Charge Actual Value if Registered Insured Value Du'. ji4°•! • • ' Fee REILEJ Fee FR Fee MA Fee MC(b' Fee Fee 660 Fee 1. internal..Reven.ue... Service .__..._..._.........____....... _._...._.__........____ Advisory Unit 1.000. Liberty...Avenu.e.,...Room..70.4............... _.......................... Pittsburgh, PA 15929 2. Internal-Revenue-Ser-vice Technical ..Su pport...G roup William GreenFelerai-R,ulriing 3. .___................. 600..Arch .St re.et,...Room _3259... . ....................... .. Philadelphia, .PA.19106 Internal ReventiP SPwire 4. Advisory Unit 600-Ar-ch_Street, Room-3259— ,.: 0 ,,L1 .= C ft } f=a Philadelphia, PA..191.06........ 5.k_= lnternal..Revenue...Service _ --- .......- F_ederal-Estate Tax r 0 1;, Special...Proced.ures-Branch 600 Arch Street*' 6. P O_ Box-12D5 r;� t. t, Philadelphia, ..PA._1.91.05...._.. Commonwealth of Pennsylvania 7. Dept. of-Labor and Industry i-7, cHi3 ) 01 fry * .' to •$ O.ffice..of...U.C__Tax..Seryices 3334VlarkeLStreet,46th-Floor Harrisburg, PA 17101-2936 8.i Total Number of Pieces Listed by Sender 5 Total Number of feces Recei t Pct fffce rfl,.r....`/ Postm. , 'er (Name of receiving employee) PS Form 3877, June 2011 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse PA 17 0 J\)N us°s fr) Henry&Beaver„, ATTORNEYS AT LAW 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 I 7012 3050 0002 1636 2398 a egos( (21 rn x -4 • 7065:1:441i7 (1140 Kenneth W. Heiser 1000 Sandbank Road 02 1P 0001776012 JUN 16 2a14, MAILED FROM ZIP CODE 17046 Nrxrt5i-: — 00077,011.10:4 - RETURN TO ,SENDER UNCLAIMED UNABLE TO .F OR WAR D SC: 1704211404e 910-tte, 93-1 6-39 7012 3050 0002 1636 2398 0 c ° a, 33 • — 0 • m r —1 o w >• O 0 — cts mto C m or) 0 M ca ta—I t$. Henry& ATTORNEY aver - T LAW 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 71\ol,\.111311111ii,3, 2404 r - A 171 M. Lucinda Heiser 1000 Sandbank Road Mount Holl Ts A Anner 17042(41146 02 1P 006.69 0001776012 JUN 16 2014 MAILED FROM ZIRCODE17046 176 5;5',:* 3.. 0407101 /IA TURN TO 5END 13NCL ATOED UNABLE TO FORWARD ar. ell2.11.4043 *7.61.9-(59053-1-5-39 !,;111,101111-1-1T,11.1w111,411111t 1-1-111 .,.1 i.,1 2014 sEp C1iNB4.8, 1) 2: 3 PE tiAlS/h19,454, Nry A HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff Sale scheduled for September 3, 2014 at 10:00 a.m. in the above - captioned matter has been continued until December 3, 2014 at 10:00 a.m. Date: September 8, 2014 HENOi2 R LP By: /40F4S1 AR A. HE S I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff r7 71- f"; 'MTh 2014 OC.T -8 11: 18 HO COUNT PENNS YLViTh HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/kJa COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF LEBANON I, Marc A. Hess, attorney for Plaintiff, do hereby certify that I made service of the attached Notice Pursuant to Section 7425(c) of the United States Internal Revenue Code, Exhibit "A", upon the Internal Revenue Service as follows: Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 600 Arch Street, Room 3259 Philadelphia, PA 19106 Received 10/1/2014 Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Received 10/1/2014 Attached hereto as Exhibit "B" and made a part hereof are the United States Postal Service Domestic Return Receipts and Receipts for Certified Mail. eta4 Away M'RC A.HES Sworn to and subscribed to before me this 71--P• day of , 2014. Notary Public NOTARIAL SEAL PATRICIA L YOUNG, NOTARY PUBLIC CITY OF LEBANON, LEBANON COUNTY MY COMMISSION EXPIRES DECEMBER 17, 2017 2 Charles V. Henry, Ill Frederick S. Wolf Thomas P. Harlan Wiley P. Parker* John H. Whitmoyer Christopher J. Coyle Kevin M. Richards Marc A. Hess Amy B. Leonard Roberta J. Gantea Heather A. Eggert Henry&BeaverLP ATTORNEYS AT LAW 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 www.henrybeaver.com September 29, 2014 Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 600 Arch Street, Room 3259 Philadelphia, PA 19106 Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 R. Hart Beaver Retired Phone (717) 274-3644, Ext. 115 Fax (717) 274-6782 hess@henrybeaver.com * Certified in Civil Trial Advocacy by the National Board of Trial Advocacy Re: Updated Notice Pursuant to Section 7425(c) of the Internal Revenue Code Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. v. Kenneth W. Heiser and M. Lucinda Heiser, Individually and Jointly and Kenneth W. Heiser d/b/a Yellow Breeches Box Company Common Pleas Court, Cumberland County, Pennsylvania Civil Action No. 14-843 Civil Term Sheriff's Sale of Valuable Real Property Scheduled for December 3, 2014, Previously Scheduled for September 3, 2014 Dear Sir or Madam: Notice is hereby given pursuant to Section 7425(c) of the Internal Revenue Code with respect to the scheduled Sheriff's Sale of real estate situate at 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania 17065, as follows: EXHIBIT Henry & Beaver LLr Page 2 September 29, 2014 1. The name and address of the person giving the Notice is: Marc A. Hess, Esquire HENRY & BEAVER LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 hess@henrybeaver.com Attorney for Metro Bank 2. The Sheriffs Sale is being held pursuant to a money Judgment entered to No. 14-843 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. The Note upon which the judgment was entered is secured by a Mortgage against the Debtor/Defendants' real property dated February 17, 2006, recorded February 27, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Record Book 1941, Page 2556, et seq. For priority purposes the judgment on the Note relates back to the date of the Mortgage. 3. The United States government has recorded a federal tax liens against the Defendant. The Tax lien was entered in the Court of Common Pleas of Cumberland County, Pennsylvania as follows: Number Date Recorded Amount 13-558 February 1, 2013 $22,187.44 14-1882 March 31, 2014 $68,328.13 14-4242 July 22, 2014 $186,786.06 Copies of the Forms 668 affecting the property to be sold are attached hereto. 4. The property to be sold is commonly known and numbered as 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania 17065 (the "Real Property"). The Real Property is more particularly described in a Deed recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208, Page 671, et seq., dated September 28, 1999, recorded September 29, 1999. (See abstract and Deed copies included herewith.) 5. The Real Property was originally to be exposed to sale on Wednesday, September 3, 2014 at 10:00 a.m., local prevailing time, but has been continued to Wednesday, December 3, 2014 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Henry & Beaver LLP Page 3 September 29, 2014 6. A copy of the Notice of Sheriff's Sale required by the Pennsylvania Rules of Civil Procedure, as well as the Notice of Date of Continued Sheriff's Sale, is included herewith. 7. A full legal description of the property is included with and attached to the Notice of Sheriff's Sale referred to in paragraph 6 above. 8. An abstract of title is attached hereto. 9. The approximate amount of debt, interest and costs are as follows: Principal Sum Due - Force Placed Insurance - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 158,871.32 189.00 9,971.73 2,930.60 16,903.20 $ 188,865.85 Together with interest which continues to accrue at the contract rate after February 28, 2014, 2014 and after entry of judgment and until paid in full ($26.510053 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. An additional copy of this Notice is enclosed. Please acknowledge receipt of the same and return it to me in the enclosed self-addressed, stamped envelope. If you have any questions or comments, please feel free to contact me. /lif encl. CERTIFIED MAIL, RETURN RECEIPT REQUESTED No. 7014 0510 0000 8425 4393 7014 0510 0000 8425 4409 cc: Ms. Melissa Auman, Metro Bank - w/encl. Form 668 (Y)(c) (Rev. February 2004) 11883 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: f Serial Number SMALL BUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913-6050 i 917867113 As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including Interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer KENNETH W HEISER Residence PO BOX 127 MT HOLLY SPGS, PA 17065-0127 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Kind of Tax (a) Tax Period Ending (b) For Optional Use by Recording Office Identifying Number (c) DateAssessment (d) 13 •.S'.C. F1L- rT1 — aftff.S .7 for ng Last Day ReH (e) _I' Unpaid Balance of Assessment (0 6721 941 941 12/31/2009 12/31/2010 12/31/2010 23-2214167 23-2214167 23-2214167 09/24/2012 05/16/2011 08/27/2012 10/24/2022 06/15/2021 09/26/2022 11997.45 10189.99 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 This notice was prepared and signed at the DETROIT, MI 23rd day of January 2013 Total $ 22187.44 , on this, SignatureTitleTftle 22-06-1413 "�C � REVENUE OFFICER for LINDSEY 0 BOWLIN (717) 777-9623 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity ofNotice of Fede (Rev. lie2004) Tax lin Rev. Rel. 71-466, 1971 - 2 C.B. 409)FotCAT. NO60025X Part 1 - Kept By Recording Office 11883 Form 668 (Y)(c) (Rev. February 2004) Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL BUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 829-3903 Serial Number 990348614 For Optional Use by Recording Office As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer KENNETH HEISER Residence 1000 SANDBANK RD MT HOLLY SPRINGS, PA 17065-1147 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Kind of Tax (a) Tax Period Ending (b) Identifying Number (c) Date of Assessment (d) ai .sv Poi . e- , t lair 3 03 6S-7 Last Day for Refiling (e) Unpaid Balance of Assessment (f) CIVP CIVP CIVP CIVP CIVP CIVP CIVP 06/30/2011 09/30/2011 12/31/2011 03/31/2012 06/30/2012 09/30/2012 12/31/2012 XXX -XX -9491 XXX -XX -9491 XXX -XX -9491 XXX -XX -9491 XXX -XX -9491 XXX -XX -9491 XXX -XX -9491 07/15/2013 07/15/2013 07/15/2013 07/15/2013 07/15/2013 07/15/2013 07/15/2013 08/14/2023 08/14/2023 08/14/2023 08/14/2023 08/14/2023 08/14/2023. 08/14/2023 3801.82 14012.81 12389.67 7779.38 11734.98 8654.21 9955.31 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 Total $ 68328.18 This notice was prepared and signed at DETROIT, MI , on this, the 20th day of March 2014 Signature v 1�� for P.A. BELTON Title ACS SBSE (800) 829-3903 22-00-0001 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Form 668(Y)(c) (Rev. 2-2004) CAT. NO 60025X Part 1 - Kept By Recording Office Form 668 (Y)(c) (Rev. February 2004) 11883 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien . Area: SMALL BUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913-6050 Serial Number 109478114 For Optional Use by Recording Office NOF THE PR THONOTARY - Z PIJUL22 ki 8: 35 \z- CUMBERLAND ,CUMBERLAND COUNTY PENNSYLVANIA As provided by section 6321, . 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer KENNETH W HEISER Residence PO BOX 127 MT HOLLY SPGS,. PA 17065-0127 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Tax Period Date of Last Day for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Refiling of Assessment . ' (a) (b) (c) (d) (e) (f) 940 12/31/2009 23-2214167 06/30/2014 07/30/2024 13153.02 940 12/31/2012 23-2214167 06/23/2014 07/23/2024 13295.24. 941 03/31/2011 23-2214167 06/23/2014 07/23/2024 12559.48 941 06/30/2011 23-2214167 06/23/2014 07/23/2024 12665.89 941 09/30/2011 23-2214167 06/23/2014 07/23/2024 12747.12 941 12/31/2011 23-2214167 06/23/2014 07/23/2024 12858.87 941 03/31/2012 23-2214167 06/23/2014 07/23/2024 12972.47 941 06/30/2012 23-2214167 06/23/2014 07/23/2024 13082.40 941 09/30/2012 23-2214167 06/23/2014 07/23/2024 13190.10 941 12/31/2012 23-2214167 06/23/2014 07/23/2024 13295.24 941 03/31/2013 23-2214167 06/23/2014 07/23/2024 14205.22 941 06/30/2013 23-2214167 06/23/2014 07/23/2024 14311.93 941 09/30/2013 23-2214167 06/23/2014 07/23/2024 14416.42 941 12/31/2013 23-2214167 06/23/2014 07/23/2024 14032.66 Place of Filing Prothonotary Cumberland County Total $ 186786.06 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI , on this, the 14th day of July 2014. Signature / ��-� REVENUE OFFICER for LINDSEY 0 BOWLIN (717) 777-9623 22-06-2614 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Form 668(Y)(c) (Rev. 2-2004) Part 1 - Kept By Recording Office CAT. NO 60025X 3697.2 THIS DEED, MADE THE.2, 04) day of September in the year one thousand nine hundred ninety-nine (1999), BETWEEN FAY E. McCOY and R. WILLIAM MCCOY her husband, of Dickinson Township, Cumberland County, Pennsylvania, hereinafter called Grantors, AND KENNETH W. HEISER and M. LUCINDA HEISER, his wife, of Dickinson Township, Cumberland County, Pennsylvania, hereinafter called Grantees: WITNESSETH, that in consideration of the sum of One and no/100 (51.00) Dollar, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey unto the said Grantees, their heirs and assigns, as tenants by the entireties ALL that certain tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is in private mad also known as Oak Lane Manor, thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West 525.41 feet, more or less to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book , Page , North 05 degrees 51 minutes 23 seconds West 812.03 feet to a point; thence along southern edge of a 50 foot private right -of --way, South 74 degrees 14 minutes 10 seconds West 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through dirt mountain road, North 23 degrees 37 minutes 09 seconds East 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West 234 feet "'268 PAGE pt!(. to a point; thence along same, North 83 degrees West 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West 138.30 feet; 2) South 57 degrees 35 minutes East 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East 357.00 feet to a point, the Place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which R. William McCoy and Fay E. McCoy, granted and conveyed to Fay E. McCoy, Grantor herein, by deed dated January 14th, 1994 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book " ", Volume , Page R. William McCoy joins in this conveyance as husband of Fay E. McCoy. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day, month and year Erst above written. Signed, Sealed and Delivered in the presence of WW%% //tie /' (SEAL) FM' cCOY X�e•1114., SEAL) R. WILLIAM McCOY 2 COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, theP106 day of September, 1999, before me the undersigned officer, personally appeared FAY E. McCOY and R. WILLIAM McCOY, her husband, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. Ma s§ L tkal. (/atuy Putaayy My O� sm Yssbn � 17.2ot motet irnq:lw . AucM am d *Wu """-::5: No Public Z%.•"r'+-'`' tI0% I do hereby certify that the precise residence and complete post 'office address of the within named Grantees is: September .1999 Attorney for Grantees COMMONWEALTH OF PENNSYLVANIA . :SS: COUNTY OF CUMBERLAND RECORDED on this a q day of 5.c i- A.D. 1991, in the Recorder's office of the said County, in Deed Book c?c, , Page (Di / Given under my hand and seal of the said office, the date above written. • A .:. glias IST111•S"fiF==.744 Recow,"„ d .1144 EYS g N W off. W Ws is's fit F. ir BOOK 268 FACE 673 rc..w n pert OOIWOMOIAIM Or IUOOTlVANN OUMIMDef OF moan UNSAY O/DOanooUALTAfut DUE.210b30 I4a 1Utq IA 1/121.0.0.1 REALTY TRANSFER TAX STATEMENT OF VALUE Siva Reverse for instructions AFCOSPWS USE ONLY era Complete each wOlon and RM to deepDmte web Recorder of Deeds when I) timid vdwfamW.roBr not uet required the transfer In the deed, h .rh (2)y ha Ow deed based one (I)reWload�IP or PI l=) Walk o ea�we�t. U adalliedn.. .pm Is needed. attaachA Senent of Value Is haddMonal rlw.lb). immix from too A CORRESPONDENT - All ingvtates may be directed to the followtno person: NameG_ Telephone Newbern 77ru e c ed. (�I s rrirl Ana C, peer )44.45-fru UT/ ._I_2 ifq Y? n ifArtinc ttP1o, Kell l t I� f)'iT ' 'v 1-} B TRANSFER DATA J ' GranaWAeaeor(a Len- Q. w(l)uA.; ttitt r.( GromeerOnes eh} rT`�+�' So.et /Id�lwm J ✓ $8522:41"C(xl�a �'°C" 4L„r<t lx,rYtl RrD GET Stn (,-t:dr PA Shp Code t)t,)z ed. 7714 f(d1.5i;,, 0 a' kip Coda 14a2.); C PROPERTY LOCATION Ion. Addeo 400 Sci,n4 blend' PcA Cum bmloAtet D VAWATION DATA Isd�sal txmie l'arrt-s(e are, Tawanp, /.revel (C k.itutxt u. . ' c rant 1 -1a.-633&-ayq 1./AApe��d Cat Con. elan 2. Otho Ca loathe S. Comm.. b..FDai. Tear X 3. T.ml_ e.-?, e �i� �• Q a 4. la4 Mort Jaw • E EXEMPTION DATA 1. /wow d Empibe Oaksed lb. Peroaap. or Ieiwen Cowered T. Chock Approprlote Den Below foe Exemption Claimed O Win or Itottal. menden ❑ Transfer to In.dostriol Devnlopernt Aporry. O Trader to a trod. (Anon oaspkls copy of 105.1 agreement identifying all beadsdartn.) ❑ Trmahr between principal and agent. (Moth complete copy of ag.ary/arae, petty agreement.) ❑ Trorahn to M. Commonweal,. ttse Unhd States and Ie tevmeetatater by gift, dedication, coedwrnollon or In lieu of eondanmotlat. (If cond.tnwtloa or In (Mss of condemnation, attach copy of mdultan.) ❑ Transfer from mortgagor to a holder of a mortgage In default. Morlgogo Book Number Pogo Number ❑ Convolve, or confirmatory ded. (Attach compute copy of the prior deed being conked or confirmed.) ,�❑c Stahtory corporate coneagW dagoa. merger or &von. (Anna copy of amides.) /G) Other (Please explain exemption dabn.d. B other than fisted above.) P4iiorl CCtv1S. elkne-teko e peeves l.54 Row Ar. N. A..{ Underpamhl.e of law, t decks* that flaw exadred thin SlateaeM. Indocil*g accomponybeg Mfom,otlaor and to Not bad of nnY knowledge and belief, D In tree. cared and aemptete. t(prtjyi .l cwmq.+ , whacks`" F." FAILURE T({O:�rr{-/'t OWLET' THIS�E PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. Boa 208 act 674 Don y -a5 -99 0(01- - 11,-0 3 g- a ‹q (01- } brill ME lifiliffiehr *astk:4"=tergarianfi"rin^tionuer=rzsump^rly u7oN.Sherman Street Witkes-Barre, PA 18702 Phone: 800-309-8498 Fax: 877-310-5626 Updated Current Owner Property Report Print Date: 08/28/2014 Pages: 6 Order ID: 909762 Ordered: 08/21/2014 Completed: 08/28/2014 Cover Date: From: 09/29/1999 Cover Date: To: 08/15/2014 Subscriber Information Subject Attention: L.Fox Owner: Kenneth W Heiser Subscriber Number: 2001925 Co -Owner: M Lucinda Heiser Subscriber Name: Henry and, Beaver LLP Address: 1000 Sandbank Rd Address: 937 Willow Street Lebanon, PA 17046 Reference Number: Metro/CoyleLumber Mount Holly Springs PA 170651147 County: Cumberland DEED INFORMATION Grantee: Kenneth W. Heiser and M. Lucinda Heiser, Grantor: Fay E. and R. William McCoy, her his wife, as tenants by the entireties husband Record Book Record Page Date of Deed Date Deed Recorded Consideration 208 671 09/28/1099 09/20/1999 s1.00 Descripiion of property as shown on deed to Grantee: Township of Dickinson Comments: Actual Consideration: $600,000.00 Search conducted on deed book and page requested. * Right of ways and easements are not included in this report. * Accuracy of acreage / square footage is not guaranteed. MORTGAGE INFORMATION DOCKETED TO GRANTEES NAME Mortgage Holder Commerce , NA aa_t_e_d Date Recorded Record Book Record Page Amount 02/17/2006 02/27/2000 1941 2500 $400.000D0 Type Closed End Comments: Lender Address: 3801 Paxton Street Harrisburg, Pa. 17111 Order ID: 909762 Mortgage Holder Commerce Bank/Harrisburg, NA Dated Date Recorded Record Book Record Page Amount 02/17/2008 02/27/2006 1941 2556 $240,000.00 Type Open End Comments: Lender Address: 3801 Paxton Stree Harrisburg, Pa. 17111 A subordination agreement was recorded 04/25/2008 as Instrument Number 200813265 which references mortgage in book 1941 page 2556 and mortgage in instrument number 200811441. Mortgage Holder Commerce Bank/Harrisburg, NA Dated Date Recorded Record Book Record Page Amount 04/02/2008 04/11/2008 ° ° $00.000.80 ]we. Closed End Comments: *Instrument Number: 200811441 Lender Address: 3801 Paxton Street Harrisburg, Pa. 17111 Mortgage HoldeCommerce Bank/Harrisburg, NA Dated Date Recorded Record Book Record Page Amount 05/08/2009 05/21/2009 * * $45.000.00 Type Open End Comments: *Instrument Number: 200916764 Lender Address: 3801 Paxton Street Harrisburg, Pa. 17111 JUDGMENTS AND LIENS Order ID: 909762 Number Plaintiff' Address Date Recorded Amount 2011'06641 Bureau of Dept 280048 08/23/2011 $2.267.86 Compliance Harrisburg . PA 171280948 Comments: -Vs- Kenneth W. Heiser 1000 Sandbank Road MtHolly Spg.PA, 17005 State Tax Lien Number Plaintiff 2011-09106 Donald E. Diehl Address Date Recorded Amount 4 E High Stree12/12/2011 $6,781.83 Suite A Carlisle , PA 17013 Comments: -Vs- Kenneth W. Heiser and M. Lucinda Heiser 1000 Sandbank Road Mt Holly Spg, PA, 17065 Number Plaintiff Address Date Recorded Amount 2012'05133 Bureau of Dept 280948 08/17/2012 $1'248.09 Compliance Harrisburg .R4171280048 Comments: -Vs-KennedhNiHaiser 1000 Sandbank Road Mt Holly Spg, PA, 17065 State Tax Lien Number Plaintiff Address Date Recorded Amount 2012'05708 Bureau of Dept 280948 09/18/2012 02.054.78 Compliance Harrisburg , PA 171280948 Comments: -Vs- Kenneth W. Heiser 1000 Sandbank Road Mt Holly Spg, PA, 17065 State Tax Lien Number Plaintiff 2013-00558 US Treasu.1000 Liberty Avenue Department Address Pittsburgh , PA 152229974 Comments: -Vs- Kenneth W. Heiser P.O. Box 127 Mt Holly Spg, PA, 17065 , Federal Tax Lien Date Recorded Amount 02/01/2013 $22,187.44 Order ID: 909762 Number Plaintiff Address Date Recorded Amount 2013-00030 Bureau of Dept 280948 02/20/2013 $30,221.89 Compliance Harrisburg .PA17128O048 Comments: -Vs- Kenneth Heiser Bal 1000 Sandbank Road Mt Holly Spg, PA, 17065 State Tax Lien Number Plaintiff Address Date Recorded Amount 2013-03079 American Express 4315S2700VV 05/31/2813 $4942.93 Bank, FSB Salt Lake City , UT 84184 Comments: -Vs- Kenneth Heiser 1000 Sandbank Road Mt Holly Spg , PA, 17065 Writ of Execution Filed 03-19-2014 Number Plaintiff Address Date Recorded Amount 2013-06309 Metro Bank 3801 Paxton Street 10/25/2013 $397,788.07 Harrisburg .PA17111 Comments: -Vs- Kenneth W. Heiser and M. Lucinda Heiser 1000 Sandbank Road Mt Holly Spg, PA, 17065 Writ of Execution Filed 02-28-2 14 in the amount of $382, 522.63 Confession of Judgment ' Number Plaintiff Address Date Recorded Amount 2014'00840 Metro Bank 3801 Paxton Street 02/14/2014 $49,594.52 Harrisburg , PA 17111 Comments: -Vs- Kenneth W. Heiser and M. Lucinda Heiser Et al 1000 Sandbank Road Mt Holly Spg, PA, 17065 Confession of Judgment Number Plaintiff Address Date Recorded Amount 2014-00843 Metro Bank 3801 Paxton Street 02/14/2014 $186,961.61 Harrisburg .PA17111 Comments: -Vs- Kenneth W. Heiser and M. Lucinda Heiser Et al 1000 Sandbank Road Mt Holly Spg, PA, 17065 Confession of Judgment Order ID: 909762 Number plaintiff 2014-01452 Metro Bank Comments: Number 2014-01477 Comments: Number 2014-01882 Comments: Number 2014-02029 Address 3801 Paxton Street Harrisburg .PA17111 -Vs- Kenneth W. Heiser and M. Lucinda Heser Et al 1000 Sandbank Road MtHolly Gpg.PA, 17O85 Plaintiff Metro Bank Address 3801 Paxton Street Harrisburg .PA17111 -Vs- Kenneth W. Heiseand M. Lucinda HeiseBal 1ODOSandbank Road K8tHolly Gpg. PA, 17065 Plaintiff Address US Treasury 1000 Liberty Avenue Department Pittsburgh , PA 152229974 -Vs- Kenneth Heiser 1000 Sandbank Road Mt Holly Spg, PA, 17065 Federal Tax Lien Plaintiff Unemployment Compensation Fund Oftice of UC Tax Services Address 651 Boas Street Harrisburg , PA 17121 Comments: -Vs- Kenneth W. Heiser 1000 Sandbank Road &1tHolly Spg.PA, 17OO5 Number 2014-04242 Comments: State Tax Lien Plaintiff Address US Treasury 1000 Liberty Avenue Department Pittsburgh .PA15222 -Vs-KenneUlmiHaiser P.O. Box 127 Mt Holly Spg, PA, 17065 Federal Tax Lien Date Recorded 03/12/2014 Date Recorde 03/13/2014 DateRenonde03/31/2014w Amount $188.865.85 Amount $50,396.50 rA--mount $68,328.13 Date Recorded Amount 04/03/2014 $6.87175 Amount \ $186,786.06 Order ID: 909762 * Unless otherwise noted, child or spousal support arrearagesnrdVmeshorelahon/iensanenotindudedindhisn*port. ** Please Note: Any liens listed above may reflect common names which may or may not be applicable to your client / borrower. Pin Number: 08'12'0338-049 TAX INFORMATION Map / Plate Numbc Assessment Land Buildings Total $107,900.00 $581,600.00 $689,500.00 Status Taxes reported to the Cumberland County Tax Claim Office are paid through 2013 Comments: Assessed as: 1000 Sandbank Road Clean & Green was recorded 11/17/2000 in book 234, page 153. Clean & Green was recorded 01/23/2006 in book 724, page 1430. Search conducted on parcel number requested. Any delinquent tax amount does not include interest or penalties. Please contact the County TaClaim Office for an up- to-date payoff feature. Tax information only reflects the status of real estate taxes available from the County's Tax Claim Office. Documents to be recorded should be sent to: Real Estate Services - Ex2735 United One Resources, Inc. 270 North Sherman Street Wilkes-Barre PA 18702-5316 The liability of United One Resources, Inc. for each and every report shall be limited to a sum not exceeding $500,000. For your protection, United One Resources, Inc. insures its productstoMhat|imit with no deductible to our customers. United One Resources, Inc. will not be responsible for any incidental or consequential damages. No liability shall exist for any matters of record that are outside the cover date period. By accepting this report, the recipient acknowledges that the recipient will not use the information contained herein for any past, present, or prospective foreclosure or execution proceedinfor determination of or notices to creditors of and/or liens against the party searched herein, and should this report be used for such purposes, United One Resources, Inc. assumes no liability for any inaccurate data reported herein. HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 q P , 't 7„. , METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff Sale scheduled for September 3, 2014 at 10:00 am. in the above - captioned matter has been continued until December 3, 2014 at 10:00 am. Date: September 8, 2014 HEN AV R LP k011/W4 AR A HESS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff By: HENRY & BEAVER LLP By: Marc A. Hess Identification No, 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants CERTIFICATE OF FILING On September 9, 2014, I filed with the Prothonotary of Cumberland County, Pennsylvania a copy of the Notice of the Date of Continued Sheriff's Sale in the above - captioned matter. Date: September 10, 2014 HEN AV7 LLP ,FAV,4 •-,44 By: M RC SS II. #55774 Attorney for Plaintiff HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Room location will be posted at every entrance. WEDNESDAY SEPTEMBER 3, 2014 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, which are more fully described below: OWNER OF PROPERTY: Kenneth W. Heiser M. Lucinda Heiser LOCATION OF PROPERTY TO BE SOLD: 1000 Sandbank Road Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriff's sale takes place pursuant to a Judgment against Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d/b/a Yellow Breeches Box Company in favor of Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. which Judgment was entered at No. 14 -843 -Civil Term in the amount of: Principal Sum Due - Force Placed Insurance - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 158,871.32 189.00 9,971.73 2,930.60 16,903.20 $ 188,865.85 Together with interest which continues to accrue at the contract rate after February 28, 2014, 2014 and after entry of judgment and until paid in full ($26.510053 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. 2 TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriff's Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriff's Sale, but before delivery of the Sheriff's Deed to the real property, a petition to set aside the Sheriff's Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Marc A. Hess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff Ronny R. Anderson Sheriff of Cumberland County ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. VVilliarn McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08-12-0338-049 "Maf:IWSW,25,';:tiqi U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.come 'TU dstage ca Certified Fee al- Return Receipt Fee 1=1 (Eftdorsement Requited) , FiestrIcted,Delivety Fee (Endorsement Required) rR Total Poptage80 ees „Ln tz sew ,,IJZ S1 Advioory ,Attn; Collection Adv.i.s.ory.L.Gi:Oug-- meet, Apt. No., °17' 1°)",_Rad2.5.9 • cifY• zll'aPhi lade 1ph i a PA 191 06 7.82 rp ark SEI2 Fria - 1 talitg; PS Form 3800, August 2006 See Reverse tor Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Combiete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 600 Arch Street, Room 3259 PhiladelphiA PA 19106 Received by (Printed -Name) 0 Agent 0 Addressee C. Date of Delivery OCT i214 D. Is delivery address different fn3m item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type KPtertified Mail® 0 Priority Mall Express'" 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes , 2. Article Number 'N114 bndiodubT1-842114j'9J' (Transfer from service labe0 PS Form 3811, July 2013 Domestic Return Receipt • U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come A Lor, US Postage' Certified Fee E, Return Receipt Fee. (Endorsement Required) n ResMcted Delivery Fee (Endorsement Required) O , 1-1 Total Postage & Fees 111 n Sent To IRS' ''=. Advisory Unit ="' -s ch46 0.1lee =r dva,so.rY---arPi aiag-..:.. or PO Sox No. 1000 Liberty Ave. Room.704 City State, ZIP+4 13.30 A.2.70 17.82 On42 ? 1? . Postmark ' Here i t 24!201 os Pi bur PS Form 3800, August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Internal Revenue Service Attn:Collection Advisory Group Manager Advisory Unit 1000 Liberty Avenue, Pittsburgh PA 15222 COMPLETE THIS SECTION ON DELIVERY +Lt i,. BMW (Prim Nam 0 Agent ddressee CDate of Delivery /r1 iY D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No Rm.704 3. Service Type Certified Mail® 0 Priority Mail Express" ❑ Registered 0 Return Receipt for Merchandise: ❑ Insured Mail 0 Collect on Delivery !' 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) I7L1314 1053,1[31 0C3 d l`8425d4010 PS Form 3811, July 2013 Domestic Return Receipt THE PRoTHONO TARY Zgh OEC - PM 2:25 CUMBERLAND COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff Sale scheduled for December 3, 2014 at 10:00 a.m. in the above - captioned matter has been continued until January 7, 2015 at 10:00 a.m. Date: November aco , 2014 HENR AVER LP By: RC A. HE I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants JOINT MOTION TO CONTINUE SHERIFF'S SALE WITH CONSENT OF ALL PARTIES COMES NOW, Plaintiff and Defendants by and through their undersigned counsel, and represents to the Court as follows: 1. Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. is the Plaintiff in the within matter. 2. Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d/b/a Yellow Breeches Box Company, are the Defendants in the within matter. 3. This matter has not been previously assigned to any Judge. 4. A Sheriff's Sale of Defendants' real property commonly known and numbered as 1000 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065 (the "Sandbank Real Property") was scheduled for September 3, 2014, by the Sheriff of Cumberland County, Pennsylvania. 5. The Sheriffs Sale of the Sandbank Real Property has been continued to January 7, 2015. 6. Defendants are attempting to complete a sale or refinancing of the Sandbank Real Property and the parties believe it is in their best interest that the Sheriff's Sale be continued. 7. The parties request that the Sheriffs Sale be continued to the regularly scheduled sale date of March 4, 2015 without the necessity of further advertising or notice beyond announcement to all parties assembled at the sale scheduled for January 7, 2015,. WHEREFORE, Plaintiff and Defendants request that an Order be entered continuing the Sheriff's Sale of 1000 Sandbank Road, Mount Holly Springs, Cumberland 2 County, Pennsylvania to March 4, 2015 without the necessity of further advertising or notice beyond announcement to the parties assembled at the sale on January 7, 2015. Date: Ot'c ' M, 2`21,t Date: ic- Date: HENRY & BEAVER LLP By: I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff LAW G. FRANK I.D. #15619 100 Aspen Drive Dillsburg, PA 17019 (717) 234-7455 (717) 432-9065 — facsimile lawrencegfrank(cgmail.com Attorney for Defendants 3 NCE G VERIFICATION We verify that the statements made in this Joint Motion to Continue Sheriffs Sale Without Consent of All Parties are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. HENRY : :EAVER LLP CANA,As 4 Date: // By:WirNIZO4 M RC A. HESS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff Date: <y, 2-04' LAW ENCS G. IANK I.D. #15619 100 Aspen Drive Dillsburg, PA 17019 (717) 234-7455 (717) 432-9065 — facsimile lawrencegfrank(c�gmail.com Attorney for Defendants OF THEPROTHONOTARY 2C1.1.1 DEC 33 AN 8: 5 I CU'+3ERl_I;IJD COUNTY PENNSYLVANIA METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Lawrence G. Frank, Esquire, whose address is 100 Aspen Drive, Dillsburg, Pennsylvania 17019, as attorney for Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d/b/a Yellow Breeches Box Company, the Defendants in the above -captioned matter. Date: 911 P11 LAWRENCE G. FRANK I.D. #15619 100 Aspen Drive Dillsburg, PA 17019 (717) 234-7455 (717) 432-9065 — facsimile lawrencegfrankagmail.com Attorney for Defendants HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK / HARRISBURG, Plaintiff CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants ORDER TO CONTINUE SHERIFF'S SALE WITHOUT FURTHER NOTICE OR ADVERTISING id AND NOW, this .) Ih day of Ta"d , 201? , upon consideration of the Joint and Consensual Motion of Plaintiff and Defendants to continue Sheriff's Sale without further advertising or notice, it is hereby ORDERED that the Sheriff of Cumberland County, Pennsylvania continue the within sale to March 4, 2015 without the necessity of any further advertising or notice beyond announcement to the parties assembled at the scheduled Sheriff's Sale on January 7, 2015. BY THE COURT, cc:,/‘rc A. Hess, Esquire HENRY & BEAVER LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 .„/"'Lwrence G. Frank, Esquire 100 Aspen Drive Dillsburg, PA 17019 ---6<riff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 2 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-843 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff Sale scheduled for January 7, 2015 at 10:00 a.m. in the above - captioned matter has been continued until March 4, 2015 at 10:00 a.m. Date: January 6, 2015 HEN By: MAC SS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff