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HomeMy WebLinkAbout06-2863v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. CALABRESE & SONS, INC., Defendant No. U6' a2 8(- 3 Action in Confession of Judgment For Monetary Amount NOTICE OF JUDGMENT TO: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 You are hereby notified that on MAY 19, 2006, Judgment by Confession was entered against you, the Defendant, CALABRESE & SONS, INC., and in favor of the Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY, for the following amounts pursuant to the warrant of attorney contained in the "Promissory Note" dated March 31, 1998 for $1,180,000.00, attached to the Complaint as Exhibit "A" which was filed in the above captioned matter for the following amounts, along with costs of suit: PRINCIPAL $942,159.44 INTEREST TO MAY 19, 2006 $27,538.48 LEGAL FEES (10%) $94,215.94 TOTAL $1,063,913.86 Plus interest on the judgment at the Default Rate of Plaintiff's Prime Rate plus 6% (presently 13.75%) with the per diem amount of interest on the Judgment being $359.85, computed in the Principal Balance of $942,159.44. Dated: MAY 19, 2006 Jack F. m, Esquire Kain, Brown & Roberts LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-6676 E-mail JckReam@aol.com Attorney for the Plaintiff Manufacturers and Traders Trust Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS No. TRUST COMPANY, Plaintiff vs. CALABRESE & SONS, INC., Defendant Action in Confession of Judgment For Monetary Amount CONFESSION Pursuant to the warrant of attorney set forth and contained in a "Promissory Note" dated March 31,1998 for the face amount of $1,180,000.00, attached as Exhibit "A" to the Complaint filed in the above captioned matter, I, on behalf of the Defendant, CALABRESE & SONS, INC., appear for the Defendant, CALABRESE & SONS, INC., and confess judgment in favor of the Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY, and against Defendant, CALABRESE & SONS, INC., for the following amounts along with costs of suit: PRINCIPAL $942,159.44 INTEREST TO MAY 19, 2006 $27,538.48 LEGAL FEES (10%) $94,215.94 TOTAL $1,063,913.86 Plus interest on the judgment at the Default Rate of Plaintiff's Prime Rate plus 6% (presently 13.75%) with the per diem amount of interest on the Judgment being $359.85, computed in the Principal Balance of $942,159.44. Dated: MAY 19, 2006 JacLP#'Ream, Esquire Kain, Brown & Roberts LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-6676 E-mail JckReam@aol.com Attorney for the Plaintiff Manufacturers and Traders Trust Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS No. TRUST COMPANY, Plaintiff vs. CALABRESE & SONS, INC., Defendant Action in Confession of Judgment For Monetary Amount COMPLAINT 1. The PLAINTIFF is MANUFACTURERS AND TRADERS TRUST COMPANY, a state banking association, organized and existing under the laws of the State of New York, registered to do business in the Commonwealth of Pennsylvania, having a principal place of business at 4th Floor, Troup Building, 213 Market Street, Harrisburg, Dauphin County, Commonwealth of Pennsylvania 171 Oland hereinafter sometimes referred to as "Plaintiff" and/or "Bank". 2. The DEFENDANT is CALABRESE & SONS, INC., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 406 Brandy Lane, Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania 17055 and hereinafter sometimes referred to as "Defendant". 3. On or about March 31, 1998 Bank's predecessor, Pennsylvania National Bank and Trust Company, loaned to Defendant the sum of $1,180,000.00. 4. To evidence the loan made on or about March 31, 1998 of $1,180,000.00 by Bank's predecessor, Pennsylvania National Bank and Trust Company, to Defendant, on or about March 13, 1998, Defendant, as obligor, executed in favor of Bank's predecessor, Pennsylvania National Bank and Trust Company, as obligee, a "Promissory Note" for $1,180,000.00, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference thereto. 5. The "Promissory Note" (Exhibit "A") contains a confession of judgment clause. 6. No judgment has been entered on the warrant of attorney set forth and contained in the "Promissory Note" (Exhibit "A") in this jurisdiction or in any jurisdiction. 7. Pennsylvania National Bank and Trust Company subsequently merged with two other financial entities to become Keystone Financial, N.A. which was in turn acquired in 2000 by Bank. 8. Except as provided for and set forth in Averment 7 hereof, the "Promissory Note" (Exhibit "A") has not been assigned, transferred and endorsed by Plaintiff and Plaintiff is the real party in interest. 9. The obligation of Defendant to Bank evidenced by the "Promissory Note" (Exhibit "A") is a commercial business lending transaction and is not a "consumer lending transaction" as that term is defined in Rule 2950 of Pennsylvania Rules of Civil Procedure. 10. Pursuant to the terms of the "Promissory Note" (Exhibit "A"), Defendant was to pay Bank monthly payments of principal and interest. 11. The Defendant failed to make the monthly payments of principal and interest for the months of June, July and August of 2005. 12. The failure of Defendant to make monthly payments of principal and interest under the "Promissory Note" (Exhibit "A") as alleged in Averment 11 hereof constituted a default by Defendant under the "Promissory Note" (Exhibit "A"). 13. As a result of the default set forth in Averments 11 and 12 hereof, on August 29, 2005, Bank in writing formally declared Defendant to be in default under the "Promissory Note" (Exhibit 'W'), notified Defendant of the default, made written demand upon the Defendant for payment in full of all principal, interest and late charges due Bank by Defendant under the "Promissory Note" (Exhibit "A") by September 6, 2005 and invoked the default rate of interest as provided for in the "Promissory Note" (Exhibit "A"). 14. Attached hereto, marked Exhibit "B" and incorporated herein by reference thereto is a true and correct copy of the written demand for payment dated August 29, 2005 referred to in Averment 12 hereof. 15. On October 14, 2005, Bank and Defendant entered into a "Loan Forbearance Agreement" with regards to the obligation of Defendant to Bank under the "Promissory Note" (Exhibit "A"). 16. Attached hereto, marked Exhibit "C" and incorporated herein by reference is a true and correct copy of the "Loan Forbearance Agreement" dated October 14, 2005. 17. Pursuant to the terms and provisions of the "Loan Forbearance Agreement" (Exhibit "C") and subject to certain conditions set forth in the "Loan Forbearance Agreement" (Exhibit "C"), Bank agreed to forbear from exercising its rights and remedies under the "Promissory Note" (Exhibit "A") until March 31, 2006 at which time all amounts due Bank under the "Promissory Note" (Exhibit "A") as well a forbearance fee of $5,500.00 and legal fees incurred by Bank of $5,000.00 as of October 14, 2005, all as provided for in the "Forbearance Agreement" (Exhibit "C"), were due and payable in full without the need for Bank to issue any written notice and/or demand. 18. Defendant did not pay Bank in full by March 31, 2006 all amounts due Bank under the "Promissory Note" (Exhibit "A") as well the forbearance fee of $5,500.00 and legal fees incurred by Bank of $5,000.00 all as provided for in the "Forbearance Agreement" (Exhibit "C"). 19. The failure of Defendant to pay Bank in full by March 31, 2006 all sums due Bank under the "Promissory Note" (Exhibit "A") as well a forbearance fee of $5,500.00 and legal fees incurred by Bank of $5,000.00 all as provided for in the "Forbearance Agreement" (Exhibit "C") results in Bank now being permitted under the terms of the "Forbearance Agreement" (Exhibit "C") to exercise its state rights and remedies. 20. As of May 19, 2006, Defendant is obligated to Bank for the following amounts on account of the "Promissory Note" (Exhibit "A") and under the "Forbearance Agreement' (Exhibit "C"): PRINCIPAL $942,159.44 INTEREST TO MAY 19, 2006 $27,538.48 TOTAL $969,697.92 21. In addition to the amounts set forth in Averment 16 hereof, pursuant to the terms of the "Promissory Note" (Exhibit "A"), Plaintiff is entitled to reasonable attorneys fees as provided for in the "Promissory Note" (Exhibit "A") with legal fees requested being 10% of the principal balance of $942,159.44 with legal fees being $94,215.94. 22. Additionally, the "Promissory Note" (Exhibit "A") provides that upon a default the principal due under the "Promissory Note" (Exhibit "A") will bear interest at the default rate of Bank's prime rate plus 6% which is presently 13.75%. 23. The default rate of interest set forth in Averment 22 has been in effect since September 1, 2004. 24. Also, the "Promissory Note" (Exhibit "A") provides that the interest rate on any judgment entered pursuant to the warrant of attorney shall bear interest at the rate provided for and set forth in the "Promissory Note" (Exhibit "A"). 25. The obligation of Defendant to Bank as evidenced by the "Promissory Note" (Exhibit "A") does not represent a "consumer credit transaction" as defined in rule 2950 of Pennsylvania Rules of Civil Procedure but rather a commercial lending transaction. 26. The warrant of attorney set forth in the "Promissory Note" (Exhibit "A") is not executed by an individual and therefore the judgment entered pursuant to the warrant of attorney set forth in the 'Promissory Note" (Exhibit "A") is not being entered against an individual on account of a "consumer credit transaction" as defined in rule 2950 of Pennsylvania Rules of Civil Procedure. WHEREFORE, the PLAINTIFF, MANUFACTURERS AND TRADERS TRUST COMPANY, prays Your Honorable Court for a judgment by confession in favor of the PLAINTIFF, MANUFACTURERS AND TRADERS TRUST COMPANY, and against DEFENDANT, CALABRESE & SONS, INC., pursuant to the warrant of attorney contained in the "Promissory Note" dated March 31, 1998 for $1,180,000.00, attached to the Complaint as Exhibit "A' which was filed in the above captioned matter for the following amounts along with costs of suit: PRINCIPAL $942,159.44 INTEREST TO MAY 19, 2006 $27,538.48 LEGAL FEES (10%) $94,215.94 TOTAL $1,063,913.86 Plus interest on the judgment at the Default Rate of Plaintiff's Prime Rate plus 6% (presently 13.75%) with the per diem amount of interest on the Judgment being $359.85, computed in the Principal Balance of $942,159.44. Dated: MAY 19, 2006 Jae?,V Ream, Esquire Kain, Brown & Roberts LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-6676 E-mail JckReam@aol.com Attorney for the Plaintiff Manufacturers and Traders Trust Company E0'd ?H101 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF BERKS Before me, a Notary Public, in and for the said County and State, personally appeared James T. Grady, who, being duly sworn according to law, doth depose and say that he is a f//CC 106 510E?77- of Manufacturers and Traders Trust Company, a banking association organized and existing under the laws of the State of New York and registered to do business in the Commonwealth of Pennsylvania, and that as such officer is authorized to make this Affidavit on behalf of Manufacturers and Traders Trust Company, and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. MANUFACTURERS AND TRADERS TRUST COMPANY a'? J r (SEAL) J T. Grady Sworn and Subscribed to before me this Y? day of M&4 2006. Notary'Public E0iE0'd 9L99 9ve LTG COMMONWEALTH OF PENNSYLVANIA Notarial Sec Patrice A Tobin, Ndary Pudic City of Rea('; >' Be" Courtly My Carttn issm f xprae May 23,2009 Member, Pennsylvania Association of Not W Sia31308 T NM089 `N I Hsi 62:11 9002-TO-.'Uw PROMISSORY NOTE FebmnnaA in thA ehAderi Ara. are in, I AmAA?A .A^ mnly And dm met limit thn AeellnnhletV M thh d". imant in Anv eartinilinr Imam mr item Borrower: Calabrese & Sons, Inc. a Pennsylvania Corporation Lander: PENNSYLVANIA NATIONAL BANK AND TRUST COMPANY 406 Brandy Lane CAMP HILL COMMUNITY OFFICE Abeaaniesbrrg, PA 17055 4231 TRINDLE ROAD CAMP HILL, PA 17011 Principal Amount: $1,180,000.00 Date of Note: March 31, 1998 PROMISE TO PAY. Calabrese & Sons, Inc. a Pennsylvania Corporation ("Borrower") promises to pay to PENNSYLVANIA NATIONAL BANK AND TRUST COMPANY ("Lander"), or order, In lawful money of the United States of Amarld, the principal amount of One Million One Hundred Eighty Thousand & 00!100 Dollars (S1,te0,000.00), together with Interest on the unpaid principal balance from March 31, less, 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 consecutive monthly principal and interest payments of $10,461.13 each, beginning May 1, ties, with interest calculated on the unpaid principal balances at an Interest rate of 41.650% per annum; 69 consecutive monthly principal and Interest payments In the,initial amount of $10,461.13 i4ch, beginning may 1, 2003, with Interest calculWd on tes unpaid principal balances at an Interest rate of 1.000 percentage points over the Index described below; and 1 principal and Interest payment In the initial amount of $M,16020 on April 1, 2008, with Interest calculated on this unpaid principal balances at an interest rde of 1.000 percentage points over the Index described below, This estimated final payment Is - based an the assumption that sit payments will be made exactly as scheduled and Ind the Index doss no change; the actual anal payment will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. The annual Interest rate for this Note is computed on a 3861360 basis; that Is, by applying the redo of the annual Interest rate over a yea of 360 days, mulliplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Landers address shown above or at such other piece as Lander may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, than to principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE The interest rate on this NW is subject to change from time to time based on changes In an Index which is Lenders Prime 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 al any given time. Lender will tell Borrower the current Index rate upon Borrowers request. Borrower understands that Lander may make loans based on other rates as wait. The interest rate change will not occur more often than each DAY. The Index currently to 8.500% per annum. The intasst rW or rates to be applied to the unpaid principal balance of this Kota will be the rift or rates $0 forth elbow In do "Payment" eseBOn. NOTICE: Under no circumstances will the interest rate on this Nob be more than the maximum rate allowed by applfoable law. Whensvw 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) inches Borrowers payments to cover accruing Interest, (c) increase the number of Borrowers payments, and (d) continue Borrowers payments at the same amount and Increase Borrowers final payment. PREPAYMENT PENALTY. Upon prepayment of this NW, Lander to entitled to the following prepayment penalty: A prepayment premium, equal to 1% of the amount prepaid, will be charged for each yea or Pormon of a year remaining on the loan at the time of the prepayment. The premium may be limited to 6%, declining over a rave (6) yea arm. 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 Lander in writing, relieve Borrower of Borrowers obligation to continue to make payment under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower making fewer payments. LATE CHARGE If a payment is 15 days or more hills, Borrower will be charged 5.000% of the regularly scheduled payment. DEFAULT. Borrower will be In default 0 any of the following happens: (a) Borrower falls to make arty payment when due. (b) Borrower breaks arty promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or arty agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreamsnt, or any other agreement, In favor of any other creditor or person that may materially affect any of Borrower's property or Borrowers ability to repay this Note or perform Borrowers obligations under this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (e) Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any prxeading Is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor Was to take anybf Borrowers prop" on or in which lender has a Han or security interest. This includes a garnishment of any of Borrowers accounts with Lender. (g) Airy guarantor dies or arty of the other events described in this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. (I) Lander in good faith deems itself insecure. 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 (and no event of default will have occurred) if Borrower, after receiving written nonce from Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or (b) If the cure requires more then fifteen (15) 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. LEi1DP.R'S RIGHTS. Upon dabult, Lander may, after gMng such notices as required by applicable taw, declare the entire unpaid principal balance on this Note and all accrued unpaid interest Immediately due, and than Borrower will pay that amount Upon default, including failure to pay upon final maturity. Lender, at its option, may also, 4 permitted under applicable law, increase the variable interest rate on this Note by 5.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrows also will pay Lender that amount. This includes, subject to any limits under applicable law, Lenders attorneys' lees and Lenders 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 poshjudgmant collection services. It not prohibited by applicable law, Borrower also will pay any coat costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Nob after judgment at the Interest role applicable to this Note at the time judgment is entered. This Note ult, Sommer agrees upon has been delivered to Lender and accepted by Lander In the Commonwealth of Ponnsylvada. If there Is a taws?* EXHIBIT "A" r '' ??`??? a 03-31-1998 PROMISSORY NOTE Page 2 Loan No 30 022 (Continued) Lamar's request to submit to the jurisdiction of the courts of CUMBERLAND County, the CAmmornvealM of Pennsylvania. This Note "I be governed by and construed In accordance with the laws of the commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lander a contractual possessory security IntaKt in, and hereby assigns, conveys, delivers, pledges, and transfers to Lander all Borrower's right, its and interest in and to. Borowara accounts with Lander (whether checking, savings. or some other account), including without kardadon all accounts held jointly with someone also and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrows autherlms Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. COLLATERAL This Note Is secured by a Mortgage dated March 31, 19W to Lands an real property located In Cumberland County, Canmorweahh of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a pan of this Nom. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of Its rights or remedies under INS Nob without losing them. Borrows and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and. room of dishonor. Upon any change in the tern of this Nob, and unless otherwise expressly slated in writing, no parry who signs this Note, whstlw as maker, guarantor, accommodation maker or endorser, shall be released from labary. All such parties agree that Lander may renew or extend (nipsetedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, tsl to realize upon or perfect Lenders security, interest Inthe collateral; and We any other action loaned necessary by Lends without the consent of err notice to anyon s. AN such parties also agree that Lender may modify this loan without the convent of or notice to anyone other then the parry with whom the modMpeon is made. If any portion of this Note is for any reason determined to be unentimceeble, It will not affect the enforceability of any other provisions of this Note.. , - CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORins AND EMPOWERS ANY ATTORNEY OR THE PROTHO&TARY 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, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, 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 ($5W) 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 AUTHDRrrY, 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', EXCEPT ANY NOTICE AND/CR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWERS ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: Calabrese Ik Some, Inc. a "sylvan Corporeaoo KAIN, BROWN & ROBERTS LLP ATTORNEYS AT LAW 119 EAST MARKET STREET JACK F. REAM 11 YORK, PENNSYLVANIA 17401-1278 STEVEN M. CARR AUDREY E. WOLOSMIN (717) 843-8968 EXT. 35 DAVIN W. MARKEY DAVID J. MAISCH FAX (717) 846-6676 JOHN N. ELLIOTT E-MAIL: jckream@aol.com D. COWN"L JACK F. REAM It ROBERT J. BROWN EDWARD C. ROBERTS August 29, 2005 Mr. Joseph A. Calabrese, CEO Calabrese & Sons, Inc. 406 Brandy Lane Mechanicsburg, PA 17055 Mr. Michael P. Calabrese, Jr. 1503 County Drive Mechanicsburg, PA 17055 Mr. Joseph A. Calabrese 25 Devonshire Square Mechanicsburg, PA 17055 In Re: Manufacturers and Traders Trust Company-Lender Calabrese & Sons, Inc.-Borrower Michael P. Calabrese, Jr. and Joseph A. Calabrese-Guarantors "Promissory Note" dated March 31, 1998 for $1,180,000.00 Loan #3034803021 Gentlemen: THOMAS E. COCHRAN 1842-1990 COCHRAN L HAY 1990-1893 COCHRAN i WILLIAM9 1883-1912 COCHRAN, WILLIAMS A RAIN 1912-1930 OEOROE HAY RAIN 1830-1937 KAIN. KAIN 6 KAIN 1937-1998 KAIN, KAIN 6 BROWN 1988-1988 I have been retained by Manufacturers and Traders Trust Company, successor to Pennsylvania National Bank, ("Lender") regarding the obligation of Calabrese & Sons, Inc. ("Borrower") to Lender arising out of a "Promissory Note" dated March 31, 1998 for $1,100,000.00 Loan #3034803021 ("Loan') which is guarantied by Michael P. Calabrese, Jr. and Joseph A. Calabrese ("Guarantors") pursuant to "Commercial Guaranties" dated March 31, 1998; and which Loan is secured by a "Mortgage" dated March 31, 1998 executed by Calabrese & Sons, Inc. in favor of Bank and recorded on April 3, 1998 in Record Book 1433, Page 726 ("Mortgage'. I have been authorized and directed by M & T Bank to transmit this communication to you, the Borrower and Guarantors. EXHIBIT "B" Mr. Joseph A. Calabrese, CEO Mr. Michael P. Calabrese, Jr. Mr. Joseph A. Calabrese August 29, 2005 Page 2 Pursuant to the terms and provisions of the "Promissory Note" dated March 31, 1998 for $1,180,000.00, Borrower was obligated to make monthly payments of principal and interest on account of the Loan. Borrower has failed to make the following monthly payments of principal and interest on the Loan as follows: June 2005 $ 9,749.40 July 2005 $ 9,749.40 August 2005 9 ,885.64 Total Delinquency $29,384.44 The failure to make regular monthly payments of principal and interest on the Loan constitutes a default under the terms and provisions of the "Promissory Note" dated March 31, 1998 for $1,180,000.00. As a result of the default and pursuant to Bank's rights under the "Promissory Note" dated March 31, 1998 for $1,180,000.00 and under the "Commercial Guaranties" dated March 31, 2005: Bank hereby declares Borrower in default of the Loan; and 2. Bank hereby declares Guarantor in default under the "Commercial Guaranties". 3. Bank hereby invokes effective as of the date of this letter the default rate of interest as provided for in the "Promissory Note" dated March 31, 1998 for $1,180,000.00 which is 12.50 %with the present per diem being $330.05. Bank will forbear from exercising its rights and remedies under the "Promissory Note" dated March 31, 1998 for $1,180,00.00, under the "Commercial Guaranties" and under the "Mortgage" until Friday, September 2, 2005 provided that Borrower and/or Guarantors pay to Bank the following amounts: 1. June 2005 payment $ 9,749.40 2. July 2005 payment $ 9,749.40 3. August 2005 payment $ 9,885.64 4. September 2005 payment $ 9,885.64 5. Bank's legal fees 1250.00 6. Total $40,520.08 Mr. Joseph A. Calabrese, CFA Mr. Michael P. Calabrese, Jr. Mr. Joseph A. Calabrese August 29, 2005 Page 3 In the event the sum of $40,520.08 is not paid to Bank on or before September 2, 2005, then this letter constitutes a demand for payment in full of all amounts due and owing to Bank by September 6, 2005. As of the date of this letter, the following amounts are owed to Bank: Principal Interest Late Charges LegalFees Total $951,705.76 $ 16,003.21 $ 1,850.62 $ 1.250.00 $970,809.59 In addition, to the sum of $970,809.59 you must add a per diem amount of $330.05 for each day after August 29, 2005 that you make payment in full. Payments are to be made to the order of Manufacturers and Traders Trust Company and sent to attention of James T. Grady, M&T Bank, Special Asset Department, P.O. Box 15120, Reading, PA 19612. In the event the sum of $40,520.08 is not paid to Bank on or before September 2, 2005 or the Loan is not paid in full to Bank by September 6, 2005, then Bank will begin exercising its legal rights and remedies against Borrower and Guarantors under the "Promissory Note" dated March 31, 1998 for $1,180,00.00, under the "Commercial Guaranties" and under the "Mortgage" which will include not be limited to confession of judgment against Borrower on the "Promissory Note" dated March 31, 1998 for $1,180,00.00 and against Guarantors on the "Commercial Guaranties" and the issuance of writs of execution against the personal property and real estate and improvements of Borrower which rights will be exercised very shortly after September 6, 2005. In the event Bank exercises its legal rights and remedies, Borrowers and Guarantors will be liable for all legal fees and costs which will be in addition to legal fees of $1,250.00 already incurred by Bank. Nothing contained herein is a waiver of any default or of any rights and remedies available to Bank. All rights and remedies are expressly reserved. Very truly yours, Jack F. Ream cc: Mr. James T. Grady Manufacturers and Traders Trust Company i U.S . Post al Ser v ce, CE RTIF IED MAIL., R ECEIPT P vided) C (Do mestic M ail Only r NO insuran overage ro ce eeeeassesses Cr M -r Po"g, 3 M Cetkseo Fee M PwMnk M Return Rxlapt Fea !lave ° (EbpeemmtRaqulte&) Ul Crknaetnarlt Reivl ) r - c3 Total pottage & Fees $ c3 Michael P. Calabrese, Jr. rC3• srea&BJenunry-vrYV'a......----- ------ -------------------------- ni r. hnrgr-PA.17055..--.----- ------------------- sells, 9 4 .n Ir •. Ln uT ru m 7 Postage M Cetesea Fee M M M Rewm flstiepl FN iEMxeamw• Regulr•a M Remktes ONNety Fes ? (EntbmemaM Requbem M1 M Total Postage & Feet, U.S . Post al Ser vfm, , CE RTIF IED MAIL ,,, REC EIPT (Do mestic M ail Only ., NO Ins urance C overage Prov ided) ru Postage $ M CBmnw Fee ° Paebna k M Rettm Retlept Fee ?re ° (Endmomem Re w) M Reebictee CeMxy Fes (Endoreemem Requiretl) M1 M Total Postage & Faee $ 7 M Joseph A. Calabrese s3d?&?xpushiYe"S caYe-----------------------`------------.... OMM-9 .4?.SbkrZ.-.?A--11.Q55------------- --------------- -.. Ch-y, smd:, Posbt4ltk here S Mi Joseph A. Calabrese, CEO M1 rese••&--Stms;inr: "----•-•--- ---- -----------...? ° ;,,ePrr7te}Ai? , ?° tf`°Ilrandy Lane ._.....-----.-...•----------_-...... 'W''l?eciran`icsburg, PA 17055 0 ,,. N a ? 1$l 4?1 w C? ?r z +w f: v. s Pn ?' 65 e'd '? {y 4 Q' OEM= r n o P i.n 1 0 l o r? J 0 ? 1 0 W W m K ? ? N w O Y Q 4 !- f 4 N d ? q Y W 1"- 4 ., P Q9LFJC to = G?? yC0 Q7 d ? ` WWS7W 9 n ?rF? a cr $E?o N ar`pc? U ? ? Z d=Z 1 Q y a MOOD ?- G U ¢O Q U g N S ` fl r j'.) I f tF? ?zz i.rt r Q' N m n p p P i P O p a a us w ro W a ° N N ? J 0 4 W ? ?" 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EXHIBIT "C" CHwn Version# 71 DA F1 Oct. 13, 2005 LOAN FORBEARANCE AGREEMENT This LOAN FORBEARANCE AGREEMENT ("Agreement'), made this Fourteenth day of October 2005, by and between: 1.00 PARTIES 1.01 MANUFACTURERS AND TRADERS TRUST COMPANY, a state banking association, organized and existing under the laws of the State of New York, registered to do business in the Commonwealth of Pennsylvania, and having a principal place of business at 4th Floor, Troup Building, 213 Market Street, Harrisburg, Dauphin County, Commonwealth of Pennsylvania 17101; 1.02 CALABRESE & SONS, INC., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business at 406 Brandy Lane, Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania 17055; and 1.03 JOSEPH A. CALABRESE, an adult male individual residing at 25 Devonshire Square, Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania 17055. 2.00 BACKGROUND 2.01 LOAN On or about March 31, 1998, Pennsylvania National Bank and Trust Company, predecessor to Bank, loaned to Borrower the sum of $1,180,000.00 evidenced by a "Promissory Note" dated March 31, 1998 for the face amount of $1,180,000.00 executed by Borrower, as obligor, in favor of Pennsylvania National Bank and Trust Company, predecessor to Bank, as obligee, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference thereto. 2.02 COLLATERAL To secure and to collateralize the obligation of Borrower to Pennsylvania National Bank and Trust Company, predecessor to Bank, listed in Paragraph 2.01 hereof, on March 31, 1998, Borrower, as mortgagor, executed a "Mortgage" for $1,180,000.00 in favor of Pennsylvania National Bank and Trust Company, predecessor to Bank, as mortgagee, which was recorded in the Recorder of Deeds Office for Cumberland County, Pennsylvania on April 3, 1998 in Record Book 1433, Page 726 and which granted to Pennsylvania National Bank and Trust Company, predecessor to Bank a lien on the Collateral, a copy of which is attached hereto, marked Exhibit "B" and incorporated herein by reference thereto excluding the real estate and improvements excluding tract #1 set forth in said "Mortgage" (Exhibit "B") which was previously released from the lien of said "Mortgage" (Exhibit "B"). 2.03 GUARANTIES To further collateralize the obligations of Borrower to Pennsylvania National Bank and Trust Company, predecessor to Bank, listed in Paragraph 2.01 hereof, on March 31, 1998: EXHIBIT "C" , 2.03.1 The late Michael P. Calabrese, Jr., deceased, executed in favor of Bank a "Commercial Guaranty" wherein the late Michael P. Calabrese, Jr., deceased, guarantied to Pennsylvania National Bank and Trust Company, predecessor to Bank, the obligation of Borrower to Bank set forth in Paragraph 2.01 hereof, a copy of which is attached hereto, marked Exhibit "C" and incorporated herein by reference thereto; and 2.03.2 Individual Guarantor executed in favor of Bank a "Commercial Guaranty" wherein Individual Guarantor guarantied to Pennsylvania National Bank and Trust Company, predecessor to Bank, the obligation of Borrower to Bank set forth in Paragraph 2.01 hereof, a copy of which is attached hereto, marked Exhibit "D" and incorporated herein by reference thereto. 2.04 STATUS OF LOAN 2.04.1 As a result of the payment defaults by Borrower on the "Promissory Note" (Exhibit "A"), all principal, interest and late charges owed by Borrower to Bank on account of the "Promissory Note" (Exhibit "A") and owed by Individual Guarantor under his "Commercial Guaranty" (Exhibits "D") became due and payable in full on September 6, 2005. 2.04.2 In addition, as a result of the payment defaults by Borrower on the "Promissory Note" (Exhibit "A"), the principal balance -due and owing by Borrower on account, of the "Promissory Note" (Exhibit "A") began accruing interest as of August 29, 2005 at the default rate of Bank's Prime plus 6.0% as provided for in the "Promissory Note" (Exhibit "A"). 2.04.3 Additionally, Borrower is in default of the express terms and provisions of the "Promissory Note" (Exhibit "A") in that: (1) Borrower has defaulted under loans with other creditors that materially affect Borrower's property and assets, Borrower's ability to repay the sums due Bank evidenced by the "Promissory Note" (Exhibit "A") and Borrower's ability to perform Borrower's obligations under the "Promissory Note" (Exhibit "A") and under the "Mortgage" (Exhibit `B"); and (2) one of the Guarantors, being the late Michael P. Calabrese has died. 2.05 AMOUNT OWED As of September 30, 2005, the following amounts are owed to Bank by Borrower on the "Promissory Note" (Exhibit "A") and by Individual Guarantor under his "Commercial Guaranty" (Exhibits "D"): Principal $ 951,705.76 Interest $ 6,553.43 Late Charges $ 1,399.35 Legal Fees $ 5.000.00 Total $ 964,658.54 3.00 AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein after and intending to be legally bound hereby, the parties hereto agree as follows: 3.01 DEFINITIONS For purposes of this Agreement, the following words, terms and phrases shall have the following meanings and definitions: "Bank" Manufacturers and Traders Trust Company and its successors and assigns, successor in interest to Pennsylvania National Bank and Trust Company. "Borrower" Calabrese & Sons, Inc. and its successors and assigns. "Collateral" Four parcels of real estate with improvements situate thereon situate in Borough of Mechanicsburg and Hampden Township, Cumberland County, Pennsylvania and more particular described in the "Mortgage" which is attached as Exhibit "B" hereof. "Default Rate" Bank's Prime Rate plus six (6) percent per year calculated on a year consisting of 360 days. "Forbearance Fee" The sum of $5,500.00 to be paid by Borrower to Bank as consideration for Bank's forbearance as set forth in Paragraph 3.06.1 hereof. "Forbearance Period" Up to and ending on March 31, 2006. "Individual Guarantor " Joseph A. Calabrese and his heirs, personal representatives, successors and assigns. "Prime Rate"- The interest rate per annum announced from time to time by Bank as its "Prime Rate," the "Prime Rate" may be greater or less than other interest rates charged by Bank to other Borrowers and is not solely based on or dependent upon the interest rate which Bank may charge any particular Borrower or class of Borrowers. 3.02 REAFFIRMATION OF OBLIGATIONS 3.02.1 BORROWER Borrower hereby, unconditionally and without reservation, reaffirms: A. The personal liability of Borrower to Bank on account of the obligation of Borrower set forth in Paragraph 2.01 hereof; B. The commitments, undertakings, promises and covenants of Borrower to Bank as set forth in the "Promissory Note" (Exhibit "A") and "Mortgage" (Exhibit "B") executed by Borrower; C. That Borrower is personally liable to Bank for the amounts set forth in Paragraph 2.05 hereof; and D. That the Collateral stands as security for the obligation of Borrower to Bank under the "Promissory Note" (Exhibit 'W'). 3.02.2 INDIVIDUAL GUARANTOR Individual Guarantor hereby unconditionally and without reservation, reaffirms A. The personal liability of Individual Guarantor to Bank on account of the obligation of Individual Guarantor A set forth in Paragraph 2.03.2 hereof; B. The obligations, undertakings, promises and covenants of Individual Guarantor to Bank as set forth in the "Commercial Guaranty" (Exhibit "D"); and C. That Individual Guarantor is personally liable to Bank for the amounts set forth in Paragraph 2.05 hereof. 3.03 RELEASE 3.03.1 Borrower and Individual Guarantor, for themselves and their respective heirs, personal representatives, successors and assigns, hereby jointly, severally, collectively and individually release, discharge, forgive and quitclaim Bank and Bank's successors and assigns and/or all present and former employees, agents, representatives, servants, officers, attorneys and directors of Bank and of Bank's predecessor, Pennsylvania National Bank and Trust Company, from any and all liability in favor of Borrower and/or Individual Guarantor, any and all claims, demands, causes of action, rights and remedies in favor of Borrower and/or Individual Guarantor and any and all damages suffered by Borrower and/or Individual Guarantor arising in law, equity or otherwise and/or arising out of any federal and/or state statute or regulation promulgated there under from the beginning of time to the date of this Agreement, whether now known to or discovered subsequent to the date of this Agreement by Borrower and Individual Guarantor and/or any and all of the respective present and former employees, shareholders, consultants, officers, directors, accountants, agents, servants, attorneys and representatives of Borrower and/or Individual Guarantor. 3.03.2 This Release includes, but is not limited to, any and all liability in favor of Borrower and/or Individual Guarantor, any and all claims, demands, causes of action, rights and remedies in favor of Borrower and/or Individual Guarantor and any and all damages suffered by Borrower and/or Individual Guarantor arising in law, equity or otherwise and/or arising out of any federal and/or state statute or regulation promulgated there under based on any and all actions, inaction, acts, acts of omission, conduct, statements, representations, misrepresentations and/or silences of Bank and/or its predecessor, Pennsylvania National Bank and Trust Company and/or any and all present and former respective employees, agents, servants, officers, attorneys, representatives and directors of Bank and/or its predecessor, Pennsylvania National Bank and Trust Company, which occurred prior to the date of this Agreement, whether now known to or discovered subsequent to the date of this Agreement by Borrower and/or Individual Guarantor and/or any and all respective present and former employees, shareholders, officers, directors, accountants, agents, servants, consultants, attorneys and representatives of Borrower and/or Individual Guarantor. 3.03.3 This Release includes, but is not limited to, any and all liability in favor of Borrower and/or Individual Guarantor, any and all claims, demands, causes of action, rights and remedies in favor of Borrower and/or Individual Guarantor and any and all damages suffered by Borrower and/or Individual Guarantor arising in law, equity or otherwise and/or arising out of any federal and/or state statute or regulation promulgated there under based directly or indirectly on, arising directly or indirectly out of and/or related directly or indirectly to any and all: A. Past and present business, lending and deposit transactions and relationships between Borrower and Bank and/or between Borrower and Bank's predecessor, Pennsylvania National Bank and Trust Company; B. Past and present business, lending and deposit transactions and relationships between Bank and Individual Guarantor and/or between Individual Guarantor and Bank's predecessor, Pennsylvania National Bank and Trust Company; C. All facts set forth in Paragraph 2.00 "Background" hereof; and D. All assertions and accusations that Bank has intentionally misapplied payments made by Borrower to Bank on account of the "Promissory Note" (Exhibit "A"), has not timely applied payments made by Borrower to Bank on account of the "Promissory Note" (Exhibit "A") and/or has intentionally or negligently engaged in any conduct with regard to payments made by Borrower on account of the "Promissory Note" (Exhibit "A") which resulted in a payment default by Borrower under the terms and provisions of the "Promissory Note" (Exhibit "A"). 3.03.5 Notwithstanding Paragraphs 3.03.1 through 3.03.3 hereof, this Release constitutes a General Release. 3.04 ACKNOWLEDGMENTS Borrower and Individual Guarantor jointly, collectively, severally and individually hereby warrant, represent and acknowledge to Bank as follows: 3.04.1 Borrower has caused this Agreement to be read by its duly authorized corporate officer in its entirety who understand all of the covenants, conditions, terms and provisions of this Agreement and the affect and impact of this Agreement on the assets, finances, cash flow and legal rights and remedies of Borrower; 3.04.2 Individual Guarantor has read this Agreement in its entirety and understands all of the covenants, conditions, terms and provisions of this Agreement and the affect and impact of this Agreement on the assets, finances, cash flow and legal rights and remedies of Individual Guarantor; 3.04.3 Bank has changed its legal, financial and economic position in reliance upon this Agreement; 3.04.4 The execution of this Agreement constitutes the respective voluntary, consensual, intelligent and informed act of Borrower and Individual Guarantor; 3.04.5 Neither Borrower nor Individual Guarantor was under any economic or financial duress when Borrower and Individual Guarantor executed this Agreement; 3.04.6 The terms of this Agreement do not adversely impact the cash flow of Borrower and/or Individual Guarantor; 3.04.7 The terms of this Agreement are fair and reasonable as to Borrower and Individual Guarantor; 3.04.8 All conduct of Bank and/or any and all present and prior officers, agents, employees, representatives, directors, servants and attorneys of Bank prior to date of this Agreement toward Borrower and/or Individual Guarantor has been fair and reasonable; 3.04.9 All conduct of Bank's predecessor, Pennsylvania National Bank and Trust Company, and/or any and all the officers, agents, employees, representatives, directors, servants and attorneys of Pennsylvania National Bank prior to date of this Agreement toward Borrower and Individual Guarantor had been fair and reasonable; 3.04. 10 Neither Borrower nor Individual Guarantor has any claims, causes of action, rights and/or remedies against Bank and/or its predecessor, Pennsylvania National Bank and Trust Company and/or any and all present and/or former officers, agents, employees, representatives, directors, servants and attorneys of Bank and/or its predecessor, Pennsylvania National Bank and Trust Company; 3.04.11 Neither Borrower nor Individual Guarantor possesses any rights of set off, counterclaims, rights or recoupment or defenses against the obligations due Bank by Borrower and/or Individual Guarantor listed in Paragraph 2.00 et. seq. hereof; 3.04. l2 In executing this Agreement, neither Borrower nor Individual Guarantor are relying upon any oral and/or written representations or statements of Bank and/or its officers, agents, employees, representatives, servants, directors and/or attorneys made at the time of and/or prior to execution of this Agreement which are not set forth in this Agreement; 3.04.13 The facts set forth in Paragraph 2.00 hereof "Background" are true and correct; 3.04.14 Borrower and Individual Guarantor acknowledge that Borrower is in default of the terms and provisions of the "Promissory Note" (Exhibit "A"). 3.04.15 All sums due Bank by Borrower and Individual Guarantor under their respective obligations and under the respective documents executed by Borrower and Individual Guarantor as listed and described in Paragraph 2.00 hereof are now due and payable in full; 3.04.16 All of the documents executed by Borrower listed in Paragraph 2.00 hereof are valid and binding obligations of Borrower, are not ultra vires and were approved and authorized by corporate action of Borower taken in total conformity to the bylaws, charter and articles of incorporation of Borrower; 3.04.17 Borrower has caused this Agreement to be reviewed by Borrower's independently selected legal counsels who have advised Borrower, of the affect and impact of this Agreement on Borrower's legal rights and remedies; 3.04.18 Individual Guarantor has caused this Agreement to be reviewed by Individual Guarantor 's independently selected legal counsels who have advised individual Guarantor of the affect and impact of this Agreement on Individual Guarantor's legal rights and remedies; 3.04.19 All of the documents listed in Paragraph 2.00 hereof executed by Borrower and Individual Guarantor which are attached as Exhibits to this Agreement contain all of the terms, provisions, conditions and covenants concerning the respective obligations of Borrower, and Individual Guarantor set forth in Paragraph 2.00 and none of the terms, provisions, conditions and covenants set forth in the documents listed in Paragraph 2.00 hereof which are attached as Exhibits to this Agreement have been modified, altered, amended and/or waived orally by Bank and/or by Bank's predecessor, Pennsylvania National Bank and Trust Company and/or the present and prior respective, agents, employees, representatives, servants, directors and/or attorneys of Bank and/or Bank's predecessor, Pennsylvania National Bank and Trust Company; 3.04.20 Borrower is currently in default of the "Promissory Note" (Exhibit "A") as detailed and set forth in Paragraph 2.04 hereof; and 3.04.21 Bank has not intentionally misapplied payments made by Borrower to Bank on account of the "Promissory Note" (Exhibit "A"), has not untimely applied payments made by Borrower to Bank on account of the "Promissory Note" (Exhibit "A") and/or has not intentionally or negligently engaged in any conduct with regards to payments made by Borrower on account of the "Promissory Note" (Exhibit "A") which resulted in a payment default by Borrower under the terns and provisions of the "Promissory Note" (Exhibit "A"). 3.05 FORBEARANCE 3.05.1 Subject to Borrower and Individual Guarantor fully, completely and timely complying with the conditions set forth in Paragraph 3.05.2 hereof, Bank will defer and forbear from taking any legal action and from exercising any and all state and contractual rights and remedies available to Bank under the case law, statutes and Rules of Court of the Commonwealth of Pennsylvania and under the documents executed by Borrower and Individual Guarantor referred to in Paragraph 2.00 hereof and attached as Exhibits to this Agreement against Borrower, Individual Guarantor, Collateral and/or the respective assets of Borrower and/or Individual Guarantor until March 31, 2006 at which time all principal, interest, computed at the default rate set forth in the "Promissory Note" (Exhibit "A") late charges, legal fees, costs and expenses to which Bank is entitled under this Agreement and under the documents executed by Borrower and attached to this Agreement as Exhibits shall be due and payable in fall without the need for Bank to issue and demand and/or notice. 3.05.2 CONDITION PRECEDENTS TO FORBEARANCE BY BANK The obligation of Bank to forbear as set forth in Paragraph 3.05.1 hereof is subject to Borrower and Individual Guarantor fully, completely and timely performing and complying with the following requirements: 3.05.2.1 PAYMENTS OF PRINCIPAL AND INTEREST A. DATES AND AMOUNTS OF PAYMENTS I. Payment by OCTOBER 14.2005 of the regular monthly payment of principal and interest due for August of 2005 being $9,885.64 consisting of principal and interest of $9,414.90,with interest computed at the non-default set forth in the "Promissory Note" (Exhibit "A"), and a late charge of $470.74; 2. Payment by NOVEMBER 25.2005 of the regular monthly payment of principal and interest due for September of 2005 being $10,203.28 consisting of principal and interest of $9,717.41, with interest computed at the non-default rate set forth in the "Promissory Note" (Exhibit "A") up to August 28, 2005 and from August 29, 2005 at the default rate set forth in the "Promissory Note" (Exhibit "A"), and a late charge of $485.87; 3. Payment of the sum of $10,000.00 each for the months October, November and December 2005 and January, February and March 2006 as follows: a. October 2005 payment due DECEMBER 27,2005; b. November 2005 payment due JANUARY 16.2006, c. December 2005 payment due JANUARY 27.2006; d. January 2006 payment due FEBRUARY 15.2006; C. February 2006 payment due MARCH 1.2006: f. March 2006 payment due MARCH 31.2006. B. APPLICATION OF PAYMENTS I . Bank will apply the payments to be made pursuant to Paragraphs 3.05.2.1.A.I and A.2 to late charges, interest accrued at the respective rates set forth in to Paragraphs 3.05.2.I.A.I and A.2; 2. Bank will apply the payments to be made pursuant to Paragraph 3.05.2.1.A.3, to any late charges, interest accrued at the non-default rate set forth in the "Promissory Note" (Exhibit "A"). 3. Notwithstanding Paragraph 3.05.2.1.B.2, the principal due on the "Promissory Note" (Exhibit "A') will still accrue interest at the default rate set forth in the "Promissory Note" (Exhibit "A") from September 1, 2005 until all principal due Bank under the "Promissory Note" (Exhibit "A") is paid in full. To that end the acceptance by Bank of the payments to be made by Borrower to Bank pursuant to Paragraph 3.05.2.1.A.3 shall not constitute a waiver of Bank's right and entitlement to the default rate of interest as set forth in the "Promissory Note" (Exhibit "A"). 3.05.2.2 FORBEARANCE FEE AND LEGAL FEES A. Forbearance Fee 1. Payment to Bank of a Forbearance Fee of $5,500.00 payable on MARCH 31, 2006. 2. However, if Borrower pays to Bank prior to March 31, 2006, all amounts due Bank under this Agreement, the "Promissory Note" (Exhibit "A") and the "Mortgage" (Exhibit `B"), then Bank will waive $3,000.00 of the $5,500.00 Forbearance Fee to be paid on March 31, 2006. B. Legal Fees and Costs. Borrower will pay to Bank the sum of $5,000.00 incurred by Bank for legal fees and costs by March 31, 2006. 3.05.2.3 FIRE AND CASUALTY INSURANCE A. Borrower shall continue to maintain and pay for all fire and casualty insurance coverage on the Collateral presently in place as of the date of this Agreement naming Bank as first loss payee and first mortgage and provide written evidence to Bank by October 14, 2005 that said insurance coverage is in effect and that the premiums on said insurance have been paid in full. B. The insurers, all insurance policies and the written evidence of said insurance coverage and payment of premiums required under Paragraph 3.05.2.3.A shall be acceptable to Bank in Bank's sole discretion. 3.05.2.4 COMPENSATION AND DISTRIBUTIONS TO INDIVIDUAL GUARANTORS AND RELATIVES OF INDIVIDUAL GUARANTORS A. Except as provided for in Paragraph 3.05.2.4.B hereof, Borrower shall not redeem and/or purchase any stock in Borrower, pay any dividends to shareholders of Borrower and/or make any distributions, payments, reimbursement of expenses and/or advances to Individual Guarantor and/or relatives of Individual Guarantor and/or declare any bonuses to any employees of Borrower. B. Notwithstanding Paragraph 3.05.2.4.A hereof, Borrower may continue to pay the regular weekly salary and compensation to any employee of Borrower, including Individual Guarantor, at the salary levels in effect in August of 2005 and Borrower shall be permitted to continue to make regular monthly payments of principal and interest due under the Note dated August , 2005 signed by Borrower, as obligor, in favor of Virginia Calabrese and regular monthly payments of principal and interest due under the Note dated signed by Borrower, as obligor, in favor of the Estate of Michael P. Calabrese Jr. 3.05.2.5 FINANCIAL INFORMATION A. By October 14, 2005, Borrower will supply to Bank the 2004 year end financial statement of Borrower which shall be a compilation financial statement prepared by Borrower's Certified Public Accountant which shall contain a profit and loss statement, balance sheet and statement of cash flow. B. By October 14, 2005, Individual Guarantor shall supply to Bank the joint or individual federal income tax return of Individual Guarantor, as the case may be, for the year ending December 31, 2004 which has in fact been filed by Individual Guarantor with the Internal Revenue Service, signed by Individual Guarantor, and a personal financial statement of Individual Guarantor dated as of September 30, 2005 signed by Individual Guarantor which shall be in such detail and contains such information as Bank is its sole discretion requires. 3.05.3 In the event Borrower and/or Individual Guarantor do not fully, completely and timely abide by the conditions set forth in Paragraph 3.05.2 hereof, then: (A) the Bank will be under no obligation to forbear from exercising Bank's legal and contractual rights and remedies available to Bank under the case law, statutes and Rules of Court of the Commonwealth of Pennsylvania and under the documents executed by Borrower and Individual Guarantor referred to in Paragraph 2.00 of this Agreement and attached as Exhibits to this Agreement against Borrower, Individual Guarantor, Collateral and/or the respective assets of Borrower and/or Individual Guarantor and (B) without prior notice and/or demand by Bank to Borrower and Individual Guarantor, Bank may begin to exercise Bank's legal and contractual rights and remedies available to Bank under the case law, statutes and Rules of Court of the Commonwealth of Pennsylvania and under the documents executed by Borrower and Individual Guarantor referred to in Paragraph 2.00 of this Agreement and which are attached as Exhibits to this Agreement against Borrower, Individual Guarantor, Collateral and/or the respective assets of Borrower and/or Individual Guarantor A. 3.06 MISCELLANEOUS PROVISIONS 3.06.1 Entire Agreement. This Agreement contains all of the terms, provisions, commitments, understandings, conditions and promises regarding the forbearance by Bank in taking legal action and exercising Bank's state and contractual rights and remedies against Borrower and/or Individual Guarantor, Collateral and the respective assets of Borrower and Individual Guarantor and there are no terms, provisions, commitments, understandings, conditions and promises regarding the forbearance by Bank in taking legal action and in exercising Bank's state and contractual rights and remedies against Borrower, Individual Guarantor, Collateral and the respective assets of Borrower and Individual Guarantor which are not set forth in this Agreement. 3.06.2 Borrower and/or Individual Guarantor hereby waive any claims or defenses to the extent they exist against the obligations and liabilities of Borrower and/or Individual Guarantor to Bank referred to and/or listed in Paragraph 2.00 hereof, "Background". 3.06.3 Written Modification. No modification or waiver of any provision of this Agreement and of the agreements, instruments and documents executed by Borrower, and/or Individual Guarantor, which are listed and/or referred to in Paragraph 2.00 hereof, "Background" and attached as Exhibits to this Agreement, and no consent by Bank to any departure by Borrower and/or Individual Guarantor there from, shall in any event be effective unless the same 10 shall be in a writing signed by a duly authorized representative of Bank, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. 3.06.4 Waiver of Jury Trial. BORROWER, AND INDIVIDUAL GUARANTOR JOINTLY, COLLECTIVELY, INDIVIDUALLY AND SEPARATELY HEREBY WAIVE THEIR RESPECTIVE RIGHT TO A JURY TRIAL FOR ANY ACTION, CAUSE OF ACTION, DEFENSE, RIGHT OR CLAIM ARISING UNDER OR IN ANY WAY DIRECTLY AND/OR INDIRECTLY RELATED TO OR ARISING OUT OF THIS AGREEMENTS AND/OR THE INSTRUMENTS AND DOCUMENTS EXECUTED BY BORROWER AND INDIVIDUAL GUARANTOR WHICH ARE LISTED AND/OR REFERRED TO IN PARAGRAPH 2.00 HEREOF, "BACKGROUND", OR ANY ACTION OR CONDUCT TAKEN OR OMITTED FROM BEING TAKEN BY BANK OR ITS AFFH,IATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND ASSIGNS. 3.06.5 Binding on Assigns. This Agreement shall be binding upon and inure to the benefit of Bank, Borrower and/or Individual Guarantor and their respective heirs, successors, assigns and personal representatives. 3.06.6 Severabilitv. If any term, provision or condition or part thereof of this Agreement or the agreements, instruments and documents executed by Borrower Individual Guarantor, which are referred to and/or listed in Paragraph 2.00 hereof, "Background" and attached to this Agreement as Exhibits shall for any reason be found to be invalid or unenforceable by any Court or governmental agency of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of such term, provision or condition, nor any other term, provisions or condition, and this Agreement and the agreements, instruments and documents executed by Borrower and/or Individual Guarantor , which are referred to and/or listed in Paragraph 2.00 hereof, "Background" and attached to this Agreement as Exhibits shall survive and be construed as if such invalid or unenforceable term, provision or condition had not been contained therein. 3.06.7 Time of the Essence. Time is of the essence of this Agreement. 3.06.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 3.06.9 Expenses. Borrower and Individual Guarantor agree to reimburse and indemnify Bank for all actual legal fees, costs and expenses incurred by Bank in connection with: (i) Bank exercising its contractual and state legal rights and remedies under this Agreement and/or under the agreements, instruments and documents executed by Borrower and/or Individual Guarantor referred to and listed in Paragraph 2.00 hereof and attached as Exhibits to this Agreement and under the case law, statutes and Rules of Civil Procedure of the Commonwealth of Pennsylvania against Borrower, Individual Guarantor, Collateral and the respective assets of Borrower and Individual Guarantor; (ii) the Bank appraising, inspecting, protecting, selling, insuring, storing and maintaining Collateral, (iii) the Bank defending any claims asserted by Borrower and/or Individual Guarantor against Bank and/or its present and/or prior officers, agents, employees, servants, representatives, directors and attorneys; (iv) any and all fees and costs incurred in any federal and/or state bankruptcy and/or insolvency proceeding filed voluntarily by and/or involuntarily against Borrower and/or Individual Guarantor, including any and all action to lift, vacate and/or modify any automatic stay; (v) preparation of this Agreement; and (vi) monitoring compliance by Borrower and/or Individual Guarantor with the terms and 11 provisions of this Agreement. Borrower and Individual Guarantor understand and agree that all of their obligations under the agreements, instruments and documents executed by Borrower and/or Individual Guarantor, which are listed and/or referred to in Paragraph 2.00 hereof, "Background", with respect to payment of Bank's attorneys' fees and other expenses and costs shall remain in full effect. 3.06. 10 Paragraph headings re deemed descriptive and do not constitute part of the terms, provisions, covenants and conditions of this Agreement. 3.06.11 Bank may sell, assign, transfer and/or negotiate the obligations of Borrower and/or and the documents executed by Borrower and/or Individual Guarantor attached as Exhibits to this Agreement without the prior written consent of Borrower and Individual Guarantor and/or without any prior notice to Borrower and Individual Guarantor. 3.06.12 All payments required under Paragraph 3.05.2.1 shall be made at one of Bank's banking branches in Cumberland County, Pennsylvania by hand delivering said payments to one of Bank's banking branches in Cumberland County, Pennsylvania. 3.06.13 The fact that Individual Guarantor has prior to or subsequent to the date of this Agreement filed a voluntary bankruptcy proceeding shall not be deemed a default under this Agreement and the documents which are attached to this Agreement as exhibits and Bank. shall not declare a default as a result of the fact that Individual Guarantor has prior to or subsequent to the date of this Agreement filed a voluntary bankruptcy proceeding. IN WITNESS WHEREOF, MANUFACTURERS AND TRADERS TRUST COMPANY and CALABRESE AND SONS, INC. have caused their respective authorized corporate officers to execute this Loan Forbearance Agreement on the day first written above intending to be legally bound hereby and JOSEPH A. CALABRESE has hereunto set his hand and seal this day first written above, intending to be legally bound hereby. MANUFACTURERS AND TRADERS TRUST COMPANY By: ?P CALABRESE & SONS, INC. \ ,\ ` By. PPesi'ent 12 (SEAL) '.\ / Jos A. Calabrese COMMONWEALTH OF PENNSYLVANIA / SS: COUNTY OF 1?--, f On this, the /yf day of 7 2 2005, before me, the undersigned officer, personally appeared S r ay a " who acknowledged himself to be the President of Calabrese & Sons, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, and that he, as President of Calabrese & Sons, Inc., being authorized to do so, executed the above Loan Forbearance Agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL Notary Public NOTARVAL SEAL VICTORIA L. OTTO NOTARY PUBLIC CARUSLE BORO. CUMBERLAND COUNTY MY COMMISSION EXPIRES DEC. 2 2006 13 COMMONWEALTH OF PENNSYLVANIA SS: C-Lt.r hr.fl. r( Before me, a Notary Public in and for the said County and State, personally appeared ?ac_<i?-?-% President of Calabrese & Sons, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, is authorized to make this Affidavit on behalf of Calabrese & Sons, Inc. doth depose and say that the facts set forth in Paragraph 2.00 and the warranties, representations and acknowledgements set forth in Paragraph 3.04 et seq. of the above Loan Forbearance Agreement are true and correct to the best of his knowledge, information and belief. CALABRESE & SONS, INC. By: (SEAL) President Sworn and Subscribe?to Before me this /V f ay Of 12005 Notary Public NOTARIAL SEAL VICTORIA L. OTTO, NOTARY PUBLIC D CD 2 0 006 CMY COMMBSSIO? E%PIRES E LAN CU 14 COMMONWEALTH OF PENNSYLVANIA 7 /"6, S: COUNTY OF ?CLr+2. In this, the fi/`-- day of 2005, before me, the undersigned officer, personally appeared Joseph A. Calabrese, known to me (or satisfactorily proven) to be the person whose name is subscribed to the above Loan Forbearance Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /(` n s (SEAL) Notary Public NOTARIAL SEAL VICTORIA L. OTTO, NOTARY PUBLIC CARLISLE BORO CUMBERLAND COUNTY MY COMMISSION EXPIRES DEC. 2 2005 15 COMMONWEALTH OF PENNSYLVANIA / SS: COUNTY OF L `J-E --=r1 Before me, a Notary Public in and for the said County and State, Joseph A. Calabrese, personally appeared who, being duly sworn according to law, doth depose and say that the facts set forth in Paragraph 2.00 and the warranties, representations and acknowledgments set forth in Paragraph 3.04 et seq. of the above Loan Forbearance Agreement are true and correct to the best of his knowledge, information and belief. Sworn and Subscribed to Before me this /Ir`" tday Of t//j?2i0005. Notary Public t (SEAL) osel i A. Calabrese i VICTORIA LOTTO LNOTARY PUBLIC CARLISLE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES DEC. 2 2006 16 b= - PROMISSORY NOTE Prinncoa Atneunk $7,180,880.00 Ode of Note: March 31, 1998 pplOM18E TO PAY. Cdabreee i Sons, Inc, a Pelasylvada Corporation ('Borrower') promisse to pay to PENNSYLVANIA NATION& BAN( AND TRUST COMPANY MONWr'9, or order, in lawful MMWY of tie United Staid of Amerkf, Nu Principle amount of One MNloo One Hundred il "ThouwW a oertn Doom (61,180MUo), tog~ with Interest on the unpaid prNldpst bsdenee from Mach 01. 1665, until paid in tuff. PAYMENT. Subject to any payment Chapn rasubtng ham chanan k the Index, Brower wilt pay ttde low m accordance with we following payment sredWr. s0 aeneeeutive moaNetr Principal and mtaW pWnMft of 610,461.10 each, beginning May 1, tells, write Uttered dakWated on tie unpil pri 4 baeseae d n li - plM fee of LOM par NMM; as wnnwulwo mommy pdnelpr NW Warred IMpmenu In #W NW a/ant or s16,461.w badf, beabamB stay 1.20M with slues aleteted on No uhpaa prindpa baafmu at an mesa rib of 1.os0 parm age points over that Index described balm; and t principal and hetreei paymrri in Sib Inttia amolad of 9as5,tes.20 on April t, 2005, wNb Intred embedded on the unpaid pf' w, belances ar an Inh nst cab of I" percentage poll* am SM Index described " - I . This estanatad Sfaa palpated is based on me aewmptlOn aid ON PWAOM will be made easy W scheduled aid bat the Index does not dengs; lie we" mfr paymart wM be for all prbadpa and aasroed Ww*W net yet paid, to ~ with any odor unpaid amounts under this Note. The annual Interest rat for hats Nate N computed on a 3851350 tads: that is, by mpplift ft ratio of the annual Inks nW war a year at 350 days, muispblodby the o no pdndpel balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lander it Lenders address sawn above or at such other place as Lander MAY designate in writing. Unlw ONUrwias agreed or required by applicable law, payments will be applied Oat to accrued unpaid Ieterea4 then to principal, and Ay rMWning amaim to any unpaid collection cases and rte charges. VARIABLE INTEREST RATE The Interest aid an this NOW lo subject to change Iron VMS to tlms bested on changes in an Index which is LaWets Pdme Rate (the 9n fta* . This is ft rate Lander charges, or world charge, on 90-day unecured loans to the most creditworthy corporate customers. This rile may or may not be the lowest ate avafiable from Lehr M any Given line. Landr wilt Via Borrower the current hWar rate upon Borrower's request. Borrower understands that Lander may make loan bed on odwr rates as well. The imerast rate charge WE not occur mare cash than each DAY. The Index eurrertyr Is a=% per amltm. The telreef rite r raw to be 0010d te the W IP W prOkpW WM= at fief Notre wilt be the no or rdes sit fortis above In the "PylnnC ua-- NOTICE: Under no circumstances will the Interest rate on this NOW be more than the maximum rate allowed by apple" tee. Whenever Increases occur In the' nYres' ale, Lander. at Its option. may do am or more of fhs following: (a) Increess Borrower's payments to woos Borrower's loan will ay off by is original final mdeniy des, (b) increase BarowWs payments to cover accruing Interest, (e) increase the number of SomseWs Payments, end (d) COailnue Borrowers payments at the erne amount and increase Borrowers fins paymam. PREPAYMENT PENALTY. Upon WSPryment of this MOs, Leader s grassed b the tONOwta9 Pnaylllat ponaw. A prepayment pambafn. equal to 1% of the l eotnt prep" VAN be charged far each "W or Prtbn of a year smeedna n the Ion at the Now of the prepayment. The pmssre may be Slashed to 6%, daAatg over a have (9) yell lem. Except for the loeglIft. Borrower may ay all or a person of the amount owed earlier then N Is clue. Early payments will not, unless agreed to by Lender In writing. Follow Borrower of Borrowers obligation to continue to make payments ' under the payment schedule. Rather, they will n I the principal balance due end may result In Borrower making fewer payments. LATE CHARGE. If a payr wnt is 15 days or more lets. Borrower will be charged SAW% of the regularly scheduled peymanL DEFAULT. Borrower wilt be In caisut if any of the fofiowl g happens: (a) Borrower left to make any payment when ow. (b) Borrower breaks any WaMee Borrower has made to Lender, or Borrower his to campy with or to perform when due any other term, obligation, covenant, or condlton contained In this Note or any agreement related to alas NOW or tot any olhar agrernrd or loon Borrower has with Lender. (c) SWQWW defaults under any loan, extension of credit. eaorlly agreement, purchase or saw a9riertent. or any other agreement, In favor of any other redtar r pwsn that may htetadety amact any of Sorower's properly or Borrowers ability to say Ills Now or perform Borrowers obligations under thm Note or any of the Related Documents. (d) Any representation or statement made or lumished to Larder by Borrower or on Samowers behalf is fees or Misleading in any ma*W respect either now or at the time maid or 1wNshed. (e) Borrower becomes lrwkwd, a mosvr le appointed for ay pad at Borrowers prop", Borrower makes an essiNnmrd for the benMt at creature. or any proceedng is eommnwed ether by Borrower or no" Brower under any bankruptcy or insolvency laws. (1) Any oredtor Was to take ay*d Borrowers prapary, an or In which Lander has a Pan or seeWty, infNat This includes a gar nakht of any at Borrowers accounts with Lander. (g) Any guarantor do or any of the other evens described in this default sedan occurs with rasped to any guarantor of this Note. (h) A material adverse change Occurs In Borrower's snancsl cndhon, or Lender balsvae the prospect of payment or Performance of ft Indebtedness Is Impaired. (1) Lender in good iNOu deems Neae Inewua. If any defauil, other than a default In payment, Is combs aid If Borrow has not been given a notice of a Dawn of the same provision of Use Note whMn he preceding twelve (12) months, it may be cured (and no swni of do" will have aooured) if Borrower, after receiving written notice from Lander demanding auto of such default: (a) owes the default within timeen (15) days: r (b) If the curs requires mom than fideen (15) days. Immediately IONdea slaps which Lender deans in Lnder's 5de daxOM to be sufficient to cure the desuit and thereafter confines and completes all reasonable and necessary step s MdW to product Co MkM$ AS son as mmmm* Omckw. LO MM RIGHTS. upon def uh, Lwder may, alter 9" such nolloss as required by applicable law, declare the enters Upaid principal balance on this Note and all accrued unpaid Indeneat immediately due, and then Borrower wIP ay that amount Upon default, including future to pay sun fins nehrty, Lender, at the option. may also, ti parmilted under spplkable law, Increase the vanal Interest rate on this Nag by 5.000 percentage pans. The interest rate will not exceed ft maximum rata permitted by applicable law. Lander may him or ay somaopa eke to help odect this Nos it Borrow does not pay. Borrower also YAP Pay Lender get amount This Includes, subleat to any limb under applicable law, Lenders aMOmeys' fees arid Lenders legal experts" whether r no them is a lowsuit, indudirg amarnsys' New and MW expenses for bankruptcy procesdings (including etas to molly or vacate any automatic stay or injundlon), appeels, and any antlcipasd posHudgmem collection sarvices. It not pronibited by applcabfs law, Bwowsr also wit pay any court toss, In addition lo as Omer sums provided by law. If judgment is entered in connection with this Note, mtereat will continua to aocme on this Note am, judgment at the Intend ate applicable to ms Nets at the Sue judgment s an4red. This Mote has been dMWered to Lender tied accepted by Lander In the Commora OBM of Psmeylvanla If tries s a lawsuit. Somowar agrees uPn Borrower: Calebess a Bons, Inc. a Pennsylvania Corporation L ndw: PENNSYLVANIA NATIONAL BAUK AND TRUST COMANY CAMP HILL COMMUNITY OFFICE 406 gamy Lans Machh•,dpbb0, PA 17065 4201 TR640LE ROAD CAMP HILL, PA 17011 03-31-1998 PROMISSORY NOTE Page 2 Loan No 30022 (Continued) L endWS regU@M to subedit b ms prtaacaa Of the arh of CUIBM *.#= CeINW, do CpMloaeeM of WmsylvrNa. This Mph shall be gwmnmd by and copMnNtl in accordance wNh Me laws of the ComwonwlM of Praraylva ft RIGHT OF $BTOFF. Borower gmae to Lander a comneclal poaaa ey security In* In, and hereby assigns, conveys, dspvers, pMdpas, and trenarara to Lander as Borrower's nlgm, We and Interest In and to, BorrowKa acocunls wlh Lander (whether checMrp, avlryp, or some other account), MdUdirq walnut ledladon d wot anla hold Jointly with someone sea and all acoounts Borrower may open in the kdura, excluding ltw all IRA and Kewh accounts, and 61 anted a=- his for which the grant Of s aecurlry bWsst would be ProNWed by law. Barrowr auMprizes Lender, to the edam permitted by applcablo law, to charge or a" all sums awing on INS Nde against any and d such accounts. COLLATERAL This Nate in secured by a MMpegs doled March 31, 19K to Lander on nW Property located In Cumberland County, Commonwealth of PsmaylgMa. as no terms and conditions of which are hmW Incorporated and made a part of this Nola. GENERAL PROVULOUL Under may delay or tow rbordrp any of Its rights or ramarfas under this Nuts walnut lasing them. Borrower and any other pawn who signs, guarantees or endorses the Note, to tits .dent alowed by law. W" preesn meat. demand for paymub. Protest and nclb of dlahorm. Upon any change in the terms of dhla Note, and gnlw olhanwlaa adprsWy dated in wftq, no party who signs tfds Nob, whdher a maker, guarantor, socom medatlon maker or wdaear, Ad be raisaaad from IlaUty. All such padtea was that Landr, may mew or adlend (mpnb* and for any length of Ems) #6 ban, or misses any party, eror 9arantor or ookb* or Impair, lad to realize upon or panlecl Lenders securer/ Meat in the eaNaWal; and take any otter sodon dewed nMeOWY by LWKW Widnul 9a=MmN d a nodoa to wW& N such psrlI alw apse dal Lander may m cWy 1hla Ian wldnut the dw Mb d err nib to anyone other than de parry wkh wham the modidcadon la made. N any PuPlan d di Nclels for any reason deemmn1l b a unWdo"." k will not aged the erepaablMy of any other Pro0l"a of this Nola, . • CONF6861W1 OF axam IT. BOR own HEREBY warvocABLY ALRHams AND EMPOWERS ANY ATTORNEY nR Tw owwwv?<&"rv OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, C A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILE BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL AC EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL AMOUNTS. TOGETHER WITH COSTS OF SUIT. AND AN ATTORNEY'S OD BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVEI JUDGMENT OR JUDGSI@NTS ONE OR MORE EXECUTIONS MAY ISSUE IMM NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE, AGAINST BORROWER SHALL NOT BE EXIAUSTED BY ANY EIERCISE OF TI AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER TH MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SI HEARING REQUIRED UNDER APPUCABLE LAW WITH RESPECT TO ER REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSOR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL- 07 INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS URINO THIS NOTE TOGETHER WITH INTEREST ON SUCH SON OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL )T LESS THAN FIVE HUNDRED DOLLARS MIXI) ON WHICH IELY; AND FOR 90 DOING, THIS NOTE OR A COPY OF THIS ORITY GRANTED IN THIS NOTE TO CONFESS AvGMENf UTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND IRE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER CONFESSION OF JUOGLENT, DICEPT ANY NOTICE AND/OR ION OF THE JUDGMENT, AND STATES THAT EITHER A JUDGMENT PROVISION TO SORAOWER'S ATTENTION OR PRIOR TO fNOHNip THIS NOTE, 0ORROWBR READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARPUU E INTIRF$T RATE PROVISIONS. BORROWER AGR@S TO THE TOM OF THE NOTE AND ACKMOWLEDGEB RECEPT OF A COMPLETED COPY OF THE MOTE. THIS NOTE HM BEN SIGNED AND SEALED BY THE U110BiSGNED. SORROwER. -1 •1O , 1- ..ao ccunrr-I'- WHEN RECORDED MAIL TO: 1 f Pm11NwY,Maplaboa S"MUMrnwCOWAMY 90fiPi :i FN 1 93 do KgwwLwn OParaaew Ann: eon$Mt'd Does tab CWR NEW, PO aw a1D WINWSper1.PA 171111 SPACE AMM Me MORTGAGE SEE EXMrr "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. The Real property a as manse Is commonly known m 408 Brandy Lam, Msdlankablsy, PA 17056. Gr.Md Wnw* nLvm an LaMI M d Grantors dgK M. and sesrnel N eW b a Maw of M Proper/ and a NMI "in M Rap". N addition, Grainier Srny In Linde • Udldm CnmmaelY Cods amuN/ bts" N M Pennant Property and Raises. DEDIMTXMB. The Marl" words a1W hAya M bbwhp Resod" when fwd N this M~. Terms not blhrvba dMNSd In nM Moss" and Mw IM mesMnge stdbwW b such Ws, N M UMdm Commend Cade M naesarlw b dtlr sruas shin rnannuNS N ywM marry d M UAW Sletee d Arnarba. MRwer. The add 9arowr" inns eWt and .wry person d O MV s plop M Nile, aeb,G season Nabisco autr.. A Sow, Ina.. Paseyweate Coporabr. t Combs. The word'raMnP own airy and a Parser IOW p eman** rtes Merlpsps, hnNndM When DNaesn a Grantors wmea above. The Contains Is IM nonlinear under Nne MortWpe. Any Gamor who sins Nis Mr rlpsps, bm does rte den the Note, is dpnlp Ink Morbeba bob In onM and comer, end Grantors Inbred in err Real Prcgty and Is aW a aeY' I rssl N GraMYS Internet in the Nab said nera d Ahem, wheDar AON nWne Of laneaeer alenG, nrllar reraNa a awned b M PWPMS a M NOW wmm vatimay, a oth"", -hWW Mw a are ae, abealt, a baMnym. NGDSW d rapWsd ads w 04 MnPAer MY be bile hdYAdWY d NNNy arm asses, wheaar ohsgeled w su sonkr a alhanwba, and wh" MCWA" upon soh hUNDWOW MY be as 1,'aMe mry Manor band by any stakes of anNaeas, &I whiten sum IWebbdws may be a 1waaI OW lose- darwbe dnwdmasabb. Lander. The wad 1.entlaP mar PENNIPMIAN M NATIONAL SAM( AID TRUST COMPANY, as auwwas and mgrs. The R.nder is IM mortgages ands, nee Marcy. NwW". The wvi0 Tdalyge' means bM Mabay bMwsan Drab and Larder, one MdM wNhna Nnaneon a w onewasA and spore" hsaad ProwMona reasons b M Pon mdl Ropily and Nob. Nola. The wad Wahr raw M partway nib as red OWMAIW ,lad Mamh 31, TIES, In ids O%*W Prlnelpsl AnnoUnt of 91.18GAG.00 ran Sanowa to Leads,, h,eMrr van N mwm% a, "bmlow ol, modeyaaN or. mfmndnpa of. consaadsesns of, and subsolWaw W M Praatewy nor in sproweed. NOTICE TO GRANTOR THE NOTE CONrANi A VARIABLE INTEREST RATE. Papntd Property. The was YYnwW PrcpanN row M pmpnard, emasa, sad son we* & of WasnY property now or ram nnr new, IOMrasWSMba tone aeedhed ar ~ b M PAW Ropwln Insists, with M wmWom peak, and Mario" IA a rpyymeair d, pp.rys sW lopes, son r Prose, (NehMp wKerA aWhYCn sN sawsts, pramads and faun, d paMaw) Anne ay sob or seer depositors of do Prignety. Prepay. TM wad TroperM mew ooNmk* Man ROW Property and #a pow passpary. Read Popw*. The was 11W Raped"' own the repay. Resnais and deals desurbW show N I, "Grad of ModgW ason. MWW Denman. The wise "PAMM Onwn~ own end Med an Wend bM~ M revisionary notes. anal gwmmb, ban AWMRW*, anirmmwYl epreewnb, ouaenw, mudly aaeawMa, lwbagea, desds Of IOW, and M bear Wau ends, apeawnb and dacurrenb, winner, sow in harasser Wiling, er d N aaueoesn won M MantYMnson. Rmb. The wad Rym• awn so pawl and hew. name, a.wmMa hear, Maw. IO Mba pMls, and Mtn berwab dared wan M Prosody. THIS MORTGAGE, INCLU MNG THE ASSIGNMENT OF REM AND THE SECURITY WrWA aT IN THE PAM AND PEmosw Pranvan", is GMEN TO BeCU (1) PAYMENT OF M IMDmMMEU AND M PMM MAIM OF ALL CMJOAYWMi OF GRANTOR UNOER THIS MORTGAGE AMD TIE RELATW DOCUREUM MS MORTGAGE 1801 AND ACCEPTEOON THE rOLLOWMO TERMS: merry panniers fanner anger son, WGrasnplp wines nY ablloYn n agal&nst Games. Malonedudrr by • Nam d soy w over ea,m YrrL Lander dNdarw b trespasser; yNatrespasser; a fry "And d in in • yes daUn when or drY an am W dsadenoY In detonator. idea or wan laedrl oommeoewM d aanpbean d airy brWwes ecaon, stew NdInW/ a by aonrdre d • Power d vary. GRANTOR'S REPREBENTATIOMS AND WARRANTIES. CwWvi werraw NM: (a) IM Mortgage Is reamed at Bmrowa's aquonl aW nor EI the egted of Lander; (b) Grantor has the Me pow,, right, and aubomy to whr into eve Marl" and to tnowdum ft RoPWY (a) IM Provisions PI M Maly" do not aonSd war, a win In • dsIWN Under may crowd a dhe I,trunerg bindhtp Loan Gainers and do not (MUM In a vidaaon d Any taw, regulation, cud dims, or Oda applicable to Grob: (d) Gramm rte *"khwd odaquay n of oblanYq how Bonawer on a continuing basis Intimation abed Bnowa'a fanndd wnM= and y) Lando hn amen an repwMMn to Gmmo abom Borrow (Iwbdp PAYMENT AND PERFORMANCE. E ceps as odvawHle provided In MM Mortgage, Borrow she per b Lend, M Unintentional wtnd by AIM Mortgage as it bacanw des. IOW Sorrow and Grantor has stlcb perform M finer respabbw obNgelbns under ft Mora". h THIS MORTGAGE IS DATED MARCH 31, 1988, bsbmn Ca W"80 6 SOME, Inc., wham address Is 408 Brandy Lane, MochmWWM8, PA 17088 (reNWed to below m "Grantor"p and PENNSYLVANIA NATIONAL BANK AND TRUST COMPANY, whom addrem Is 4731 TRINDLE ROAD, CAMP FILL, PA 17011 (Referred to below m "Lander"). GnrWa. The wad'Guam W nwrr and Intends, wllhdA ftkVm soh wed M of the gp MM, saeess, and socarmadAlon panes In connection son Ins Indiscriminate. rrohM IOnr s buildings, on MPW fto". WNW% addlam, eplawmarte DOWCnElWmanheRWRCpelybuildings, sbwlune, 03-31-1999 MORTGAGE Pipe. Y Loan No 39022 (Con6wed) foea dogm AND mA NywvAC! DP THE W10PER1Y. trader and aarowr apn tlId GaNW'a pasawsbn arld IIm a MN R?PMN ahW M gow wal by IM btlowk - P'wA$10 W: tsaaaMMaloll rtl UM. UN In daWll, Garbr may MMM In PMM its and oodrd a and sparab and IMnpa IM Reparly ond 001101 the RMW loam IM Pmp riy. arty No MaMdn. Ganbr shat MWnbb am Rope" In Immiaabb cadbn ant pnunply PwWM M rapsaa, apYaerlWnb, cal nalnbNGma nrNwery b pManw M vahra. NDIMINa. We" Grwdw Shall nd awws, oadud a PWml arty awsapa av Mm ld. Prate, ON wlMr cry *Wft a a wMla an a b lam Property m any palm of IM Properly. MMd IYr m um awdm* d aw tar"Ong, Gnda will ad Nation, a pad b ag ,&w poly IM right b rsrmva, wry lmbar, mlrrW (kGUdp d.nd W), SM. graved a rock prod ck wWrMG to pkw wdlan Cananl of landw. Rrsovr of ImpavemerW, 0 Mla sMtl m1 dsmMlh a NIMya any IrlprawrrM am tlN ROOM Pmpwly WIwA eN pbr wrlan mwM al Lender. As a amdEOn to bW mmaad a may ImpmwMNa, Lndr may mpub (wmbr b ado rraprrwlb sPblaClay to Lander W WI M sudr Impavanada Wh ImyrownenM III W land Gaud WAN. Lender's apll b Enter. Lander and as aCrAl and Npammrm ing Mier upon aN Rsd PMpmy at as rawa d, Ymas to so, ,d b L 'sk,hw andb1Mpadew PmprgprryaMaGrurla's MnpYwwMMbrrM "W????a?a?d?aaN a ads m~, C Ptlrmla WING GwnnmMW RpMaIMMa. GmdW aMl'" I* eowply WM Y lawa, an1warcw, saw rpWYMW, rpw N hsrraW In e11acL d as governmrval suarlles app/able to the Iw a smpoay d ft Prapsry, kdlOft WING ImlmM, tlN A.mrY,MS WM DW09Wa AOL ONGOING M" mdwst In good Math any adds law. adpWS, a rapdabn and MAMMM auffob M during any prwMdnP. IndWrq Mprepbla appMb, M long all trade NOW no - Lndw b wwrg Prb as dWla w and w lane a. In tmdw% sale opNm, I.Mbh baermh in are Propery M ad ?lSooppwdmd. Lander may eraba QmMw Is pod abghab savudy a a away bad, mswm* MlWaaloly to Under, ON paled Lwo"=. Day to NQWM Grantor agape nOW b obmdm error YMw oMlaldnd Ow Pnnopply. arrAw shad b M oar sate, in sodaw 10 GOING am ew AVON abma in INa ammo, yarleb am Yb character and uss d M PropSrty m wmmbty Memory b Wdmd and pawtn IN, ph,". ML l uWW a 60A LM pout' Of (isn ago Sraw a amomsg anar an prerwMN,c. ana SMa ft POW Ftoplaly mops W any le ern pLo ee0mwberamea by Wm ion erg ey oral k ?W IN an wM derhladiad by ms lWmm w III d . to Podwd Enrpancy ol Maroganra WCn M • gpaoW boa Marwd a w. GIWOr spats b W With Fk and umanca Fragnmsln'MINsm, F a GO, lood h W lM Nd WUnpold racker. , an and to dto bWrw of No Wan, rp to IM rroGnwa Polley Yalh aN IAdr lM 11aY arlal Flood Iromn dherMm ragWed by Land mdMab such kwlxaMO for YIa bra a M ton. Appaullon d nmaoaK GNnkw Wall prw" nowy Lawler dory lows a lbmage to the Property. LMOw my mMa pod d on It Grades fails b do so wMb /cam (15) days d pN c"IV. IWhN r w Not lmdara newly is InpaYad, Lrdr may, W as dldlon, apply Iha Proceeds la IM red Ilon of the IrdMbdneas, mmsd d any ten alhckp the Prop". w IM nGOntlon and IlPAa4gltlM Ropny,?l Le NOW Owls to RMIX 1"mr. Y"!7 Ww. TAEE9A L1EW. TM blowingprwlabna rmWp btlW temand MMmtlN Raparyeraa pm d and Malgpe. PrylnMt.Graohr a1Wa PAY WIM Chat (and b M Math, Pd. b OlrpwrWFl as Ww, pand WING. WNW boa s Mrb. WIN, ChUM and nor Mrvb drgM IWbd So" W M M MIA of YN PICpWIY. OW ahal pay G1an ChM M ddm b wale OM m cw Its ww M rMdaradW rrMtanW Mn ebtal bas Prapmy. Ranbr SIGN IMblab to P.Way and d Y lMw Mvlp Pd.* ow a a" b IM IdW W d Lands, MGM M MMaaga. mapl b M lm of lam and saemn na1 bat, and rapt as alwrwba prMWO in IM klo*m Pwapap0. EvNrNa of PgrMnl. Gaaor shal upon drMnd hadM to Lsrldr aayMbry oW WNa of ppM of gal Wm a msrvnmb and shag aaaatNG IM Apprapbla eowrManr a - b dales to LMdsr d any tlm a rGllan alelaalerN a Iha bms and saNGNGmann NOW the Prvpsrty. N d CMMoaam. Gant" Mdl nowt' larder W baW I en (16) bye bolas wry work b aerlnaW, sg srNMS era IWi Mlad, & any nlahrlah MI sllpPbd b Ins Raperty.l any maMatlet Mn, asbdakm*s Sam w gem IM Calm M naabd M Memo a bat vrak, Halms. IN M"bls. Gnnlor ww GPM era mal of Lander hrddr to Lander adwoNa amvarwM MII140lwy to UndsI Wt Grantor Cm M d err Pay the cep of such lmpawnanb. PROPERTY DAMAGE aSMMMCE. The laMwhp pwWoro MMM to amusing VON Roprty h a pm of YIa Mrlgapo. 0347_7000 MORTGAGE Page 3 Loan Mo 30022 (Cow01NMd) V* am poown. W rwroraon Ad APMr, Gnlir TAa npab Of r.pro. In dlm.E.d a er?oY*d Impw.nw+. M. MIAM ubl.com b LMdW. or Ma t? al mh won awaerdaY peal d such wplah , w+m Irdlrva W ben ?dSbumWd WI •S0 Mp ? mapl AM ?k Nhw? which or drbaMn II A be to M the delluM IrmiNda. Any No RgrPrUPWb not urnf pn not mM m m* A realalaaodh A W OW be nd A b Ono aq wood oft to Lnd? Under Ina es an, Ion to b per awn" ned kb In AM of no rod de eakews,s c w. afro be a al be pp d n b NM pr Prg•ap•l WWs of No IntllOYdrW1. II L.rW.r na hol4 any pm.M w pay coal M ka gw MdabteNar, such p•••ega aka be no to Grant. to aaplyd I..ennI n M Mln. Any wrpledd Immo, din Mae to IM baeR d, we pan to. No pmhhe d ga ROWY cowed by gab Maoagw a any Ms WY SW or boor We held idler to provbbm of ga Mwgage. a d any endowas ear of awn Praprly. Orn!Ws NIePorH M Hannan. upon tonal Of Lady. IloAaasr not nrorte bag maw • pr, IbaM. dM krdsh to Lakin • dead on Mn MraO paloY of bHasm dwWp: NI W nma at be norm; (b) M rblu bmAad; (a) On anmlM of tla Poem (d) the pronely brood. pro Own cured 401:wnW van d such prwody. and the aunmr of dabm"q MW vWW and dal On wplmkn dab d It* poloy. Gnaw din, won wow of Leader. Mw an km io a appWr FdbbdM M uwwr"WR*W the M h won nprowrwo Coal d the Poopwty. EXREAAAMNM By LA M7ER. A Gndw pboapnsbnya?m" wMh any WWANon dpi M~, a N SW Action a pasdeg b omrlMued VW wadd m orWy.Ned Lards, A Wwab M the M Lndw on Gradoh baaf may, bd AM w M r&QWW AN Yea row saon Mat Lndw dnrm A... nndaw Are wan NW Lander oprds M done wS be, bt1YM1 tl No Mis pr dded.br in Ulu Nab be, 00 de, kleulnd a pea by Ind In o mum no Irm SM r«" aaMwdr WMnrrynro,ounwr ew••M &W su .uMw the why a Pg' malgaa WARRANTY; DEPMSI! OF TITLE. To to OAV PneNrWl. IWtlnp b MWASIO d as RoPw* W • pad O 'doe MMlapw. TIM. Grantor mram that (.) (bow h" good ad nlM W" Ra d read to Vr PMO" M M dllpb. NO rod tar Of a aau end ,mammon, dh r den t hoes ad one M No RAP Pwpedy Mar"m a In any NN bw.alan Poky, We opal. W rW tee OPINM Wad M rva d,and•oawa•d by. Leader In connection with Oft Mw%W ad IN GwNor ML M N doe. Power. wd suawily to aaub ad don, to M~ to U:dr. ;Man of TNIa. SuOI.N b ft aaapgon M N. Paragraph above, Grob wunnb rod WE Ironer dared No ale to as RoP.Ay "Most In nww Wba of M panne, In no awe any aclon a prwrtlbp is cemma..d am mew olw G wft% Go or tlr kdraa of Ladw ud. IM ud.rs_ (balm alr1 daa.d bn wean at Granbys wpwrow. Gnnw two be On non" Perry M aeh prpwdrp. but Lnnd. OW be CMPNY With Iww. Gn vI wove, bd do Pmpwry rod Groan's on d IM Raptly no pea Ann a wMlp Mpbale nvm, ordmw.. and wTlitlm d O•+rtml.m •uwArAm COIMENNATION. TM bSOaap powWm rwharo b aadrmacn of No Rop.ry w. pW d W Mortgage. Aa Of Mn PM 0a w row pia At AIa RCpwy r oenmwwd by name domain poordnw a by ern PI...mw. pro M au at ? cond.IM,Oon, Ladder may at w Wdbn.om. uW r Of why vend of m• de, orpr.da Of No Noted M APPW b be, kK%bWn on tom W w woman d no Ropwry. TM cot pcowds at M.wad shall man Sea awn w W~ d.p.WW me,, apemr,.d •IIWWig be, er and by Lerch b Mnraarl W h IM oadmrlvhw PMo dNF A Any PmaMON In Mdan••g M b Ina Orww.IM PMW*W covey Mdr Wends, and Grranr and ppaMrMtlyy on Such abwarnW MnpMwyb MrnO Sr ado and WlakrNr awed lbard0r dnay MYN rwmalprty NaWh prmtemlp, bWLadr ShdlM Anne, on oadialm r M W o sock,ad to be, np.Mlidbg. wmedfm byppanad M are CIWM ad Glades wa dv*w or OM 10 IMPORTION OF TAXES. FEES AND CHARGES By DOVE WSMKrA . AUTHORITIES. TM leaning povbbm MOM to goomwift lam, Am ed ahrpa w. pia .a Iia MplPps: Crwrara Tow. Fins rag Chomo, Ikon Regi d by Leduc. Gondar ale moor such dea.wlb M •ddMn ro alb Marlgq .d We man, lots, dcoumwawy WmW. And Mw nhE M w nwwalrle.r•I BWMp A w nPW TwmF The Maw MgOM rronrub been to ado IM Haan•ppW: (a)• tpdac ba wag vii Inn of MomAage a upon AN awry VW of IM Md•bbdnwe I wed by this MwWW (b) a Spate In on Ammeter Wan Santa, M adWWId a rooked to d&W from pomade on ga brd.bad r ::•aand by left type of I WWP; (0) a lax M W type d Maoagw dapuhY WMI Am Lwam . Me holder of IM Nob; and (d).apedmm walmamyporlmdlnelyd bM wwpWmo*oI alp 6rdH agmale by sower. aiM*Wd TwI. tl Arty r. ro wHm gi aMYO.ppW b eraWtl atMteouwa b gr de, d Ale M.A7wpA VW roam aM1a Mw IM Mme .led s an Ewa of Saul (a d.Wd boronI and Leader uW m wdu Any w a d is avalrbr rode for an Evrd of DNSM M pmdW below urea Low 1or agrr (A) Imp the In. blew 0 became dWnNrA a (b) ow bft the b M PuAded Maw M As Tea and lam anllon and Mau a Nph Lrda inn a•adMbd aapaaM wasp bale a pear awuy I&ft*A Yb'then. SECURITY AOFaMM aTl FINANCING STATEMENTS. TM biwbo prwYlwa ratio b bas Montage u • Security •gn aram w • pia d Has w.lpagn. swunly Agnanh M. Thin Wbwmm ale o "wo • ropey .grew. to w.i.a aW d W Penney col.Mda mule a Cow PraaW p Pady.adL.aw din haws of IM robe at a ucl.d pray Udw gr Udbrm Car.wdal Code u arrwlMd bon am to Acme. Secalty lk ". Upon III*" by Lawn, Gr dw shall alMul. IlNlhmp teatenwi And YM whebw dew aeon Is MalNdnd by LNdr to prld d ?MaY. LM a iny Am mid inkeed In the Mmd ? ?iNYwAM Ponswel baon ftm Onaiaerr, M swu1W MWOirp % agi. arrMIn RAP " rrodumm ddAi Mor des Modb.b. p • n. me* aWmeol. 0.nror ale 10W LuIMr W a .Ipr.w nand In Panning or ea - Woo Ma no rly Imrac Upon dean. Sw.br ale.searrdb go PweMM Prope,y b. mllmr wall at a plan maids ly cowmal In Groom and lender and make 11 swg"b Lemrw Owaw(3) days AW dw.rip at wrln dMNd be, Lander. Add e & The me" .ddenr PI poor (dobler) rd Lands, (umad asdyL be, whkh kilo aelon c.canNp ale Aetna" Intent paned by Mr Mcdgage IoW be obWMd ban u na k.d by the Unarm CanMwda Coe,), w u SWd M AM And page d tW MaI/•W. FURTHER AISURAW ES; ATTORNEY-IFFACT. The Idowblb prNhlme n WrQ b Mawr wnwNU and acme,-In-hC1 w a pd of Ii Moron.. F~ Assurances. N aW no, Id from free b Neu wn ern WW of Ladder. Grwllor M make, wbatds And MOAN, a wag cams b M made, unothd In dabernd b Lu dr or to Lerdafe dealgrw., •d wan ragmW by Lad., cwr• to be Go. reconted, mad, or wacaWd, u the MM My W. at Pon ire, and in me, din ad prwa a Lands, my dam appropriate, try rod a wch malgnes, de.M d bah w:way dada. swvp ag wwa.. Rooming Wbnonk, cadnuaa0n ddMrna, InbumwM At two. aawcoA canteen , and dhw dnelwrvmb a my. M via •W ;;balm of landr, be nwxwA or dukaN M Order to Chock". mMMM. Per1mL continue, or p (•) the s btlaaom of OruMr.d Sanoww uldr tlr NW Ooeva? •d Sr• Proved OMlmne, no (b) via INnl and acwry In m4 d *d be Ni Modyga a kM ad Pda a.a M gr PMP.dy, whaler cow owMd. hwoaw aequ a by GI . Unieu prd+A.d by low or aped It, Sea coo" by Lander In womb. Gr.M. ale Indiana L•odw w all cook AM semem waved N mnroollon wMI IM nalwe tanned to to Na prnno. RNora"40 Fssl. It Graaa lab b do any of W Pere rented to In go prw.drO pw*Waph. Lender Ray do a w ad In Ea tems of Gram. And at Gomloel topenie, For such pppoaa, Gram, hem, bssawbly appom Lerrdr a BrMab.dampw?hd r. tM ". d ankh;. namArr, coining, Ming. M - o I . And ddag All bl w naps as me, M man" a dnnhl•. M Lwdw % a W opinion. to &o=pMh OIe m Uwe nherad b M go p oedog pusgraph. FULL PIO FOIRMANCE. II Sontwo, pays AN bn Ind.blednew wan dta, and all rwbw p• gas Y tlM ebagaorr kcpwwd upon Gramor under M Re nd No WnoherW proper y.Mw? r pawrwlb of wrdmgap a.bl dMdny s aemanl on M Lender ovide wing Lendaa wanny Movie M S A ;geoid by applicuible low, any r.acmble termination In a dM.rmlroA by Lehr be, am b amw O6ALLT. ECM1 d be blpniag, al W optlon a Later, de, amore, an swag d aWa lFnm d LMNua'11wlar ni Maoapn: OaIOWIMMdeblW O. FawdS MMID aeauryp.ymanl wlI.n dnlw MYl.IdWbdnas. BOUX1443kci 729 07-71-1998 MORTGAGE Loan No 70092 (ContYal/d) MWll an GNa PNVMM L F4Yn of Gnda wIFM IM I" MQWW by man MMIP9t to mtb .m WYaaA by SWa IS In 91101 a any cKm payment nawwy In prwand ebp of a to avid AahrPd•M Pan. Canpaawa GaNdt. Fae•e at LTlmaa a awnener to mn oy Mlh any, as. hens, c61pa1orn, aowert or beechen madded b m engage. Iw Nababu,yd MIAkWDOWx . NkO In F•ya at Thad Parties. MWW Barrow a any LimnM dasa undo ON ban, WP M, OF "A navy Wtbmr I, Wdrn a ub, prapry rBanmvn't sissy bai agreement, aBrr Ge•rtmryl •Oayb PrM,n any OffirAws torwrowmc"obap uMrIseMslyga of b M14nd Goamwnr. Fab a1SlmanSala. Any wnady, tip awAROon a sWwmd made In hnaOM In !antler by a W bdwB d Grubs a Berm tax uMa man uagap.on Nab or the Pablo Dombetl Is tope a ffMMOQ N aM ffAmW Vial. aMm ans. er al the ban man a Mdeed. Ned llrrJWrp rMaaclury adelard danandocum insC a peramntrn b Da nn lb ans. oMNner, wts t to o anon ortaM • Send ld and pu pwfw WM iaaawy, arenas or a ton re) d an en and to on, reran. bedwney. The dnehNat a nomination IS Senator a Bane ne'l ewlwm n • 9n9 bslem, the wadvency at Ond« w Banner, IM a0adwa waRaln, "OMM any We as 1 own p"modny uedee ow bald! a •am a ban by ad a0lrr11 ban" In . eonhami nd of any Pan FOreeleaue, ForkAr ab. ComeaMMrd Of Wedrae r kMM pnolodloa, whaler by la blal prontdns. ael-IhaIP. SpmmWwor aMCver lk byaywSdilmddWaabyaa/"WwyWAdaaWWl0w.ryryWtAe wWdlMPrapady Hrnw,tiauWndan HWndapph h IM sVad d • ppad 4th 1hp1M by Gaeta n b Ur yab1Y er rnewWerws d 9a asM Mkh 4 per bass a In b widow, a bmbim orocaadhb. wmaad and Grans r dm tender uMm raise d such onion and Samoan tanerya a a swely band for alo daM salbbday In erne IS Dew AWGOWAnL AM torero by Grantor OF SO- under b Mm d any ORM MFawra ' baban Owdw or BarrVer and Lander eW b at rSulod• l waNn •M Pan Pabd PraedSd 9nlnew4 Mildry WlNhmld ThdleYOa aM' WonmaM merhMdg A„Y In]Wpeeress « ale abtlpWOn d &WAW a Borrower b WIW. Mrlwnwq Ihaw a per. Nance ANrae9 Dlln1erlbl. AMdbpaedMg ooaue wan taaponlbaM Seeress daMNYr Irh010ledn.aaM'GUrador dloe ,cempas't,ahwwhraditlaa err ma1d1Y d,atiabay utlr,aM stuara,tl'dhIndM4dnrs. laatM.4hoonto.SW.tope rbecome' tho not be mu W b, Perm aw fWaudoes oasis to mwS, aw«Idbrry No ablWb,o arrNe under wb Wady In e m n' W MYbdW to Lurdu, atl, N dcng w, Sun go Nerd of De4Y1. ANnao Change. A moral •dwtaa Ohanne omrt N Barme•r'S la mad make. W Lender baom Da Proud II payed « psomem, d W4 Inthbblial to is Impalml. b• melt'. Under in gund bon dame Iona wwrua. Odd b Cwa. II aerh • !same r our bb send w Gr•nlr « eanowr Is. real ton 0ha„ • nab a t beech d the ean,ha p avi4an d Ina Mw$~ Mlhin m prom" byalw (12) madras. N my a awed (rtl no Evnt of Do" oe haVa oceutad) 0 GntrJa a 1:onnnev,, aw Lender sa,n VwNan nonce command me a Such boom (S) man b Moe web e . (]e) data; « (b) w the Cvn ngdw mom Oun Ohba (16) done. Wm Ad "Nano Slope muedert b was by Moe W beemper announce and SanprI ad rGnaabr:ald nmaery asps adb ee t b press amehoro, an aeon So rYaanady praad. V RIGM AIO RWEMS ON DWAILT. Upon era anmmtab al oho Evrt of OeNIerW at any an amm.rr. Lendr. el ho Spoon my rondo amaw w man wow lalc„a9 rWte•ntl wnsubA N •ddb tome eats. nolb arrrrdr pmmtd by low Armbrab InhOablSdaaY. &A*ol In WkRW hew, Lnder peal have, ft dpld el ho apeon wl1101l In01ba b licamor to dec" m awn bdWbdrrr Ymode4y de and papas. UCC ROMOY Won "ft 10 a a don will d Ice PnaW PMPMY.landr SIM lawns m nom lob wntb d• bnan d poly urchr awu.db Ce..WDWCoe. and ce0nd no Rum, ov, In helanum, d nor. N IM Perna an ed N p ymd Iona JWbW Faawrmc. Lane my obtain a luddd daaw h ol"Gr AWIS blame N IN or any Pall of the Roonly Poranbn a b Prapry. For the purpose, of promwg ponaubn d On Ryarly, Grantor 1rt0y, arladaa and ompome, any abny a any nod of raced N IM Cowanemsah d PannlMntm a tbawtnne. r amity M Lrger and AN prams d4nap Wor a b ouch L.Mar, In Won M agro ed W eNabg N any Oaie6M WWI M aWUWb aeon N tpawart be pnrodmn of ab Prop" and In a ypnr for and aaMrm Wdpmrt SpoNal Gwdw, and against •1 parson dtlmg undo a ema,h91, Gonad, W to nmmey by Lander of poSamm d IM Pmpwly. Wand any gay d anWon.M wNM pte Mwlm% a a ISM IN No ealow ee by Mds'A OW be a sumo Waned: and Ihaeupun • wd of paooon my be bawd Wealth, Weloul any prior n1 a oncoming wMloomw. NDM$tl am. Ian penned by apple" tow. Londtr my Imckes Gramya blwaY N a a In aM pet a oa lA w al Pn SS IV a 9n Raw Ropey by,nayudblolsub. mm rmo4 warrh Ib exercise al to fthis provided In ban netiai 0 N b Yh0n01tahnt de b Linde one, i;tkab of a Twwm a Susanna. It Gnn ce ranWn In pmMslw, d per F Win 0 allay ter Faparly Is Sob n provided aum w Lanier dlevdae became, reseed to pain abn d tM Popery upon derma d G rdw. Gnnbr Mal ban a Mod at Substance of Lender a an pmdwmr d bay PrapwtV atl shit, at Land" apbbn, Mow (t) pay a maonabte wnl an an m d Blo Raperly, a (b) Suns IM Rapeny Immad4aly, upan ft depend of Leer. OIMr Reranlet. Leader SIM have a dbw robs and rrndbr proNOOIn INS Modwpa a m Nas a •vabb4 slow a h egwy. Sale W b Frapaly. To per mom perwason by apok" br, Gape a Baratwy IwtlY wave MY atl of dGN In eye IM prop" MmInaNd. In whncabn0 ere d91te and unwdbe, LwWw4Wb•hasbraaany WdIn Pmprby Impactwwpwasby,b;+wsubmby wpaale nsa. LanderalWaw~labbailampbbpeaan AaampO dm ROpany. ROOM of tide. Lwndr SIM gt" Gonda nnationality nob at aw time brat Pace d any pubis eras d m ftM Id Ropey a of m one aer WhIch any Pinto eras ce der bleMn d Woabn d t Prnn4 RWwy a b be hnde, Lb km aMnwe nonWed by al~W one, rauocaaa and SW man roan onen at bar ton (10) data bllra aw sit of Ow sub a ahpnbrl. Wavnl 00CU hof RSmSdon. AWow by am Pry da bench d•WOVWn d Into 1410"4x1 tar oaaan a Super d or proludlaa IM pon"pen abrere b mmm •Nd mmnlpllab won and p vWm a any War PF I . E4dbrn by LbMr to punue ay wpeatydW not Seder pumas d any now m ody, and on election b mw epoentaa, or sit bin to pMorm an nooslon IS Grade IS, err mar Weer Im aeabape Nan lee Of Grads a errewr b PrWnt shot Sd shad LanCelt d9N In dad Wm a Wsa and aardaa ib neon under ft ",,w AppolnlA c I er, under shah hers 9n new IS hew arwWmeappointed b WO Prtreanda IS any pal Of pre Remy, Wash " Main In ANronp' Pony Gptnna. It Lander manila any as a aelmn b ertmon Say d Ba Sum of this uodoW. Lambe ale be 00 ill b summer such sum as ON Soul may •dhtlpe amoebas as MwMW Ioan at N4 and an any q pML Whaar r of am anon adan F.. Involved, no maarwbla eawnaaa mumdl by Lando 0.11. Emden ophnn re naowwy 4 any mm W as Wakeman d He hbn4 err uw nd«camN d ho dphle 4M boomed, • pan of IM InnWtdnrs WYAW an dam ild and tlha boa Idarrl wan ft sub d alprWhoe and repM at rho sub provided W N the NOB. Eapetar oavemd by IN, paaatph Ynbds, Weed Intlallmr, hm my rood In any In" WW W amlcom tow. La r% allornw' Ira and tandda Mott apanrt %beaS r or m them w • tawNl. InN,tlw I ab rrw)s' an M bwdmuple, P"Opeana (Inducing Mau b nadthy a vocals any subnWo Way a W*.bn), appeal and any wn"nel pnbh)ueAoymi colwoon arhta y, am s.4 a b m r a erchlop recam. obWnbV We lepergrWudho hxmabewe MWI X swvWwe Npab, and 44.1 and be 'Mr. WOW and prow an fVOpoy b"Wdom pm% Anym m, r pea, and by o06d oho Rsm ham the Properly and apply the promids, mr and tenon 1 Saar of 9th r R , So" tier IMtblodram, The 00tH my eels. Wwnd band 9 pw,raad by tow. Landry dphl b In AppaMmd of a WOW than add WhMW a roil err npetanl who Of as P WHO , anrdh as IMal caws. by a SbalnrtW mount. Enpbwnnt by Lander Ma ad Inequality a pens hen trWng an m Maim. 93-37-19B8 MORTGAGE Pao B WAR ho 30022 (CwA6lued) poaMbd by apptrN1b111 Mw. Baron 440 Will Pay ry 0011100914, In sd"W bed dew sums WWI*d by Mw. NOTIClS TO GRANTOR AND OTIIA PART=. Unless aOnndr dreaded by OPyPyID" law. ON met undsr I my be art by bles,"Y (adre carwhe I" by Mwl, Mid e1W be MUM* wM adpNry diaAn d, a I NBC"ANEOLMPAMBKIL The WWAVmBogft ePraNI MensPadr Val MOrOW ,wwwwms. TIb MagpL bgMhar weh rr RaMled OoOlerlellY. aenMWase w,Nee unerawerq rd,gleanleel a On PASS AS N w ,Wm all bed In See Malgaps. No alaedn d a em dl I is ft M~ NO be ,NOM udW EMn M Men 00 Nrned by IN parry or Invest rpM to be ONrped a band by w eeraeon a aftm ssM. MrNW ANSI It the FMP" N Used for I apowe oars, ewI Rlnlnh uMdarse, Lamar SW had" In lender, upon NA". a caraedd semad of IIed Sprs4q Nnalls MOM can No Properly ft" BrrWS RPAow Iapd yrr N such lobe and data a Nndsr Simi main, Tip pmAIM Wasome M1W mwn W oAh rrNpb Pao IN Prcprb im all NO etpa nMar aede In anNI with the oprrtlr of IN Proplift AppNe" Lee. TMe 11400Se MU been dsINMM b LOMAS red ewpM by LMMSr M EN OaMIspN iam M IPanNYMMO . TIW MpngW ANN be ISmened by and OonMmed In saardrlce with w MA"M No Cos rmred" Of PaNrMerae. Casks Need nq& Csplon heeding, In Ole MwWW AS ben 0ornmdNNM paper only and an earl Io be iced to Inwpel a dare IN pnYmo M (A Ole Mogapa. AWW. a ww IN WHOM Of LHMeI In w Irllara9l a saN arW by IN Matpape w1Or 4',` rIs, burl or MISS, In IN Prpprry A airy Am Any pp,ay. Wnpd IN MISn cosset al Redder. IM NewSpIS PansN Capare AuNwey. Ae ablyeor ci GMdM and Bawdy under ft IN dgep they be )drd sed wmw. us, d. r,amm, to Onem, snap Oren eMh end may Orada, and me mMa IS So am NISI n.r rhAnd awry Bomes. TMs seers anal we d m pangs slpNq New M mpanble w al Oblp,Ymis In w MorNspa. Esvaabgby. B• oast r eompwa Medallion Inds any padllen d ON Mabag, b be eased or asdaoAMe as b am parson a dri m ace, rh endnG Mal nol sandy wl Vacation knead a unMUromit AS b Mry other pram a dfawallr. N Msbls, any such Duna N so qM. I sees be Addent and NO pow pabias of IRS M~ In on abr npspN o 00 r@MW VOW Maensemble. and I an w ell Gwenn of of 8ublaal bve MaedraraN Inol Mowrpow Seal fhMpn Mns,eve ?PWa Ne open and pare an rePaaas. ever Nea, pMaW nprnMML mrmsr pre. 9 e Sen Seems as dM Oft Property bearw, Wrn, VSSW a tars der ass GwaWs supM,gns e Wm ewer as M r arid IN vess IN In • pm e abw than urw. Lando,. aNhod kola IS Grardw, mp IaerMarM M one, war a tabesrsrw9 a sambn Wwd rMleuep 6aMV Sons m IN w ablpeoro d OM Malpr a arMry wdar IN IrMrbOnass. Time Maw Eery. Tim IS of He rrnu In IN NwwrUsan a ft MmAppa. WMVae MM C04M*L LanrlM INS rml be des,rd le Nr W~ any VIA rndr #91 Morlppe la INdr IN NWMd DISAaamb) wane such veim M M TeMrlp and signed by Lender. No dally or alydr on w part of Lends, In Searching try don ANN aprsIS as a wear d suer dghl or Say olw MpM. A weNr by may parry o a provision of sea MMlpps Shall NMI cadet a walwr o a prepdss w lady's npM ouNrWobd,mmOsMeMWI asdhwlproesbnaarry Oelr MWWM Nopdawelwr by LMMr, M any cayr Of dphq bMwpn Lsrldr and Grader or Borrower, shill oadlule a waver of any d Lrdsh dphte IS AM of OMAN or BanowY obsp ads, as to ary nun eaneclim. WNnMr Oaaed by Lender IS nq~ In Or MwIppa, IN glanrlg of sun co Ned by lends In any mans a Ms, not rMRUM=AwlM consist b,Wsequaw Inearme where awn ="a IS naffed. GRANTOR ACMMOVA M MES HAVING READ ALL THE PROVISIONS OF TNIE MORTGAGE, ARID GRANTOR AOEES TO ITS TERMS. TAN MORTGAGE HAS BEEN SIOABT AND SEALED BY THE LMN)EROM 4s, GRANTOR: CMWer A Sam. Una -IINI ATTEST: .TamtwpAW91Md ntarY Mg/rO,_r.?_k,)m//yNdpad red VMed n w p,rre oh. X 1 2A' srlslf11 ? $tLA M X_, 1.513' r ( CorporMp Baal ) CERTIFICATE OF RESIDENCE lhenryCWW.wlwPm sddrawnwdaOpr,PEM SKVAMANAnM .a'MANOTMWCOWWIV.I-seeeewow;: 4251 TRINDLE ROAD, CAMP Hal, PA IM, f4jtx Arermy MAMA wed 'l Rook iW pw 730 08••71-IM MORTGAGE Page 0 Loan No 30M (CONUMOO CORPORATE ACKNOWLEDGMENT ' r'[t . 1 STATEOF lee as 'i[[i ?[!: C[CCi i?[{? 1 ert Y Cole e._ w m a ?JJf [i Cc'/C/ wglr o.mr. M ur ?lC LL1W04'e.C`2PYG 72C i.? no y , 0. wdmwee NObrY- On^rWA'.W..eb:bbpA?iYrw btl MMer1 P. a. Wa Wmmis"m ewwMn. bM i;11%; sees Prule.a a CYtlr... S e..., ba.a aarya.Yaa, .ae1 MY ow r mob (Also am Or..IS.ev. MW .eYiadad m d. w, oww tl ft mmydrq M.kunwA mr et. pupa... a ..m MmWrd SY a4W Sr nm. a Sr MNu.?M q mwmaa... C? M Y4.NSNS. M MNMNI?(FlMnueb M.ry S.rW.ele.baw wa. ?efld '?y""!a, ? ?ZLf. if v,? +2ClL.P ?i ?z? cr J'?. h w 'd,'?/?t iJ.l ?';?•.,• 4Y NowYPubwifteetlb No Sees a C./ uwS r. >x.MrMOYeha.rWMYe. urgia.re.ur.a VA.e. aLMw.Oay . ... •re ?•) ' U NAM SW ? , . .. . •• A1 ,..•„••)\ ? tlAYM .SftfMiaay i.n.nnp onbeil M C MW S m WM M vpm?. Nov. Sq 2M0 Y .. u not Nal:eses poux 1443 mcc 731 Exhibit "A" TRACT NO. 1: ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the southerly dedicated right-of-way line of Brandy Lane, said pin also being at the line now or formerly of Shellenberger; thence along the line of land now or formerly of Shellenberger, South 41 degrees 10 minutes East, 249.72 feet to an iron pin; thence along the line of land now or formerly of Shellenberger, Seegar, McNally and Steward, the following courses and distances: North 39 degrees 24 minutes East, 120.41 feet to a metal fence post; North 40 degrees 15 minutes East, 80 feet to a metal fence post; North 38 degrees 14 minutes 40 seconds East, 63.13 feet to an iron pin; South 50 degrees 23 minutes East, 7 feet to an iron pipe; North 38 degrees 58 minutes East, 63.20 feet to a stake at the line of land now or formerly of J & M Masonry; thence South 5b degrees 33 minutes East, 72.43 feet to a stake; thence South 37 degrees 14 minutes 52 seconds West, 509.58 feet to an iron pin; thence North 27 degrees 04 minutes West, 376.89 feet to a spike on the southerly dedicated right-of-way line of Brandy Lane; thence continuing along the southerly dedicated right-of-way line of Brandy Lane, North 40 degrees 20 minutes 30 seconds East, 73.04 feet to an iron pipe, the place of BEGINNING. BEING Tract No. 1 of the Minor Subdivision Plan for Beatrice A. Kramer, said Plan being recorded in Cumberland County Recorder of Deeds office in Plan Book 26, Page 96. HAVING erected thereon a 2 1/2 story frame dwelling house and block garage and being known and numbered as 408 Brandy Lane, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Beatrice A. Kramer, single woman and Mark A. Garlick and Terrie A. Garlick, his'wife and Daniel A. Irwin, single man by Deed dated October 17, 1989 and recorded October 17, 1989 in Cumberland County Deed Book F, Volume 34, Page 612, granted and conveyed unto Calabrese & Sons, Inc. TRACT NO. 2: ALL-THAT CERTAIN piece or parcel of land, together with the improvements thereon erected, situate partly in the Borough of Mechanicsburg and partly in the Township of Hampden, bounded and described as follows, to wit: BEGINNING at a spike in the southerly dedicated right-of-way line of nox1443?acE 732 Brandy Lane, said spike being at the line of land now of the Penn Central Railroad; thence continuing along the southerly dedicated right-of-way line of Brandy Lane, North 40 degrees 20 minutes 30 seconds East, 54.16 feet to an iron spike; thence South 27 degrees 04 minutes East, 376.89 feet to an iron pipe; thence North 37 degrees 14 minutes 52 seconds East, 509.58 feet to an iron pin; thence North So degrees 33 minutes West, 50 feet to a stake; thence along the line of land now or formerly of J & M Masonry, North 40 degrees 45 minutes East, 478.25 feet to a pin; thence along the line of land now or formerly of Edward Jacobs, South 33 degrees 01 minutes East, 886.61 feet to a pin; thence along the line of land now or formerly of the United States of America South 65 degrees 41 minutes 40 seconds iaest, 358.31 feet to a concrete monument; thence continuing along the same South 65 degrees 27 minutes West, 666.80 feet to a concrete monument; thence North 27 degrees 04 minutes West, 744.09 feet to a spike at the southerly right-of-way line of Brandy Lane, the place of BEGINNING. CONTAINING 14.772 acres of land according to a survey made by Stephen G. Fisher, Registered Surveyor, dated April 25, 1975.' BEING Tract No. 2 of the Minor Subdivision Plan for Beatrice A. Kramer, said plan being recorded in Plan Book 26, Page 96. HAVING THEREON erected an industrial building with office complex currently numbered 406 Brandy Lane, Mechanicsburg, PA. BEING THE SAME PREMISES which M. P. Calabrese and Virginia L. Calabrese, his wife by Deed dated September 3, 1984 and recorded October 3, 1984 in Cumberland County Deed Book X, Volume 30, Page 657, granted and conveyed unto Calabrese & Sons, Inc. TRACT NO. 3: ALL THOSE TWO CERTAIN adjacent tracts or parcels of land, situate partly in the Borough of Mechanicsburg and Partly in the Township of Hampden, bounded and described as follows: PARCEL NO. 1 - ALL THAT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Brandy Lane at corner of land now or formerly of R. D. Leahy;, thence along the line of said land now or formerly of R. D. Leahy, the same being along the Western line of Lots Nos. 39, 40, 41, 42, 43 and, 44 on the Plan of Curtis Fry, which said Plan is recorded in the Cumberland County Recorder's office in Plan Book No. 3, at Page 92, South 47 degrees 15 minutes East, 275.2 feet, more of less, to a concrete monument in the line of other land of M.P. Calabrese, being Parcel No. 2 hereinafter described; thence along the line of the said lands of Calabrese and being Parcel No. 2 herein, South 42 degrees West, 55.03 feet to an iron pin at 000K 1443 PAGE 733 corner of land now or late of Marlin L. Fry; thence along the line of said land now or late of Marlin L. Fry, North 47 degrees 15 minutes West, 275.72 feet, more or less, to a point in the centerline of Brandy Lane, aforesa d thence along the centeTine'or- Brandy Lane, North 42 degrees 45 minutes East, 55.00 feet, more or less, to a point at corner of land now or late of R.D. Leahy, aforesaid, at the point and place of BEGINNING. PARCEL NO. 2 - ALL THAT CERTAIN tract of land situate partly in the Borough of Mechanicsburg and partly in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by a concrete monument at corner of Parcel No. 1 hereinabove described; thence extending along the southeasterly line of Parcel No. 1, herein South 42 degrees West, 55.03 feet to an iron pin at corner of land now or late of Marlin L. Fry, being also a corner of other land of M.P. Calabrese and Virginia L. Calabrese, his wife; thence along the line of said other lands of Calabrese South 47 d-egress 15 minutes East, 22.43 feet, more or less, to a point; thence continuing along the line of said other land of Calabrese, North 44 degrees 03 minutes 59 seconds East, 478.67 feet, more or less, to an iron pin; thence still along the line of other lands of Calabrese, South 29 degrees 41 minutes 08 seconds East, 886.65 feet, more or less, to an iron pin in the line of land of The United States of America, presently used as a Naval Supply Depot; thence along the line of said land of The United States of America and now, used as a Naval Supply Depot, North 69 degrees 01 minutes 38 seconds,'East, 300 feet, more or less, to a point marked by a concrete monument; thence continuing along the line of said land of The United States of America, North 28 degrees 24 minutes 59 seconds West, 1,080.42 feet to a point marked by a pipe in the line of lands now or late of Curtis Fry; thence along the line of said lands now or late of Curtis Fry, South 42 degrees West, 338.16 feet, more or leas, to a point marked by a concrete monument; thence along the line of land of same, South 42 degrees 55 minutes 46 seconds West, 435.60 feet, more or less, to a point in the easterly line of Parcel No. 1, hereinabove described; thence along the eastern line of Parcel No. 1, South 47 degrees 15 minutes East, 7.23 feet, more or less, to a point marked by a concrete monument at a corner of Parcel No. 1 herein, at the point and place of BEGINNING. BRING THE SAME PREMISES which M.P. Calabrese and Virginia L. Calabrese, hs wife by Deed dated September 3, 1984 and recorded October 3, 1984 in Cumberland County Deed Book X, Volume 30, Page 662, granted and conveyed unto Calabrese & Sons, Inc- s?u 443 race 734 COMMERCIAL GUARANTY Borrower: comwr aft". ..Peorx$vw+ecolMABdf ai,$Ill dyLMr Madlmennew S,?A IMS rUni rMDr: LNndgsl PtIERILI MUM NATO" SANK AM MST COWAMY CAM MU CORWOMTV OFFICE me RNA" Flow CAAIPItL,PA IMI "Mousy OF O11mm". TNa is a trMly W F// of less INN, NaalrrnawWham %Now*" to "'e, 010"9001110,Omp /Mwmd 1Beery Tnoo ma a CWIM Daum oi.lnppwM? QUAINUE". Fr Sand SM wabaN awNMrwM, 1/e11ae1 P. CMabaM, X. T•0uraateY'1 aMdessey nrd MoraMwy 01sMhew red yrrMMa M per b PBMSVLVAMII NATIONAL SANK AMU VIEW COWAMY ('L ') W IN 9M1, In bqM lords, W M Uglw SMaa of AMW%I, ee rltllNOrr9 wl brelIn . feel iew W d@M MIMq W OMIbnM a Swr, Net. a NmMAwW Owewgbn (?elmwr•) n Londe, M AMM arrd OEFIIIRInIM. Tir blowwq words MN 1rea9IM bbolYw9 nrdngs when Seed In tlw Guw.*r: SrwrcwMr. TM Word VNMWm• meets ClWW A Senn, f. • PMceyMrM Dispersion. Gurmlar. The "it -GuwwgW meen Wheat P. hleras, Jr. . OurMly. The wadi TAraMY mMm this Gunny made by (Nrarww for ft baeeM W undr deW Mend, 31, 1998. 1 NWWilod 9 TM word TndebMMlMs" nIMM M Note, brnrdrq (a) a prwclpo, (b) M 0 ft (c) a late W1119K (d) M ben him end Inn ehrgM, and (9) all axle I cells, and MpsmM MOM b M Nab or b any oo- for ft NOW. Cdkwon cob and expenses Iwrle wMOul lmhlon M of LendrL Whrw/l lees end Landles loose expenses, whs" or me ad Is IINMesd, and abamow' NM mod lapel epa,wM for brtwpley proceedings OlclWino aloft b modify or waste any aulenceNe Way er hexcHonL soPeoA and any anikIpWvd Ina-MlPmrw uNecaee eenlon. Laver. Then send IA"OW mMrN PENNSYLVANIA NATIONAL SAM( AND TRUST DOMPANV, b wlmeMewe aw orlpn. Mae TIN wpm TbM neeaes IM prMdeery rob woaNl opawnrd tla110 Now 31, tee, M M a11gk1M FrNasloaf ameut W If,lMpso.oa wpm ea "OWN In Lehr. beams, wr1 M IWW M cl, eMersbN d, mrMMbrN of. rMnrwipe W, eonaentlpne aL aw subabewy for pis prwrwepy roes or somas - d. RMred OraaaMnla The words, "TiMMd Deese, nrM• noon aw weerde wrldM Mdeaegs me prereassay MIN, Cade Span, L wm" rr now in wee oternm . of Imam, and a Chew Netrrrrge, eerarmenN and doC hall IIAIWINI UAIRU". TNa afrlores Nob" W QlYrller under NM ME IL Na ¦ s MMM M WIN QWWIV m, the amerM W Me InesMeswM deeoNeed above, Palo M ewe aw 9epr W (N an r"m" W we ft=" rw (b) naNee Nrl are rs Wry MMMM eaowbq •999 GlarMy. rOer p M MWy 1 d A m W r r aMO. OF MM U% M*m wdYOr lgba rea6a km r?rrW, icy Vft a Leader w nd arl a veer nee I seNl be dimuloesa Ter GwNMy Whet not Iu11rs apes.. I poeldad hMow b M Wins, MINI or InyMdafe ry NM often gwinarlin. The Ibblle W Gnprretar Will be ft aW"mk Mabry' W oeNMMW uldr M AMAX 01111 DUMMY mod My wan Wirt urerncrted qursMe- 1MTIAt OF GUANAWN. GumnmW Intews to quanss al M Mmes ft erfwaerw and prerrpl peym9M when der, wMNNr at matinee, w same. by NMgs of ame, ft" a dSUwkw of of IndebledlraM W"Mbassd mean MyaeesGnp"am W aft Guray. DURATION OF OUMAMY. This GrreMy well WE, elbrA when netnews, by Lardrw9MW ft INew , Of day enapence by Lever, weeny n k, b Gu mm or b Bowo . and M aenrnw b cell boa use W hMil nna WNN Mw been ANT eve bob MM mN MweMd and a o0r ob bme of GrNanks undr Iw GuahMy Wise hew been padmm al in AN. RaloM9 W any other mrrMlbr r lwwm esn q ep Whr qusanoy of M i IedeMe SW ME ~ M INNNy at Owrwrlr weer INS Guaranty. A mowbn Kai of by uwM fern any wN or mom GlwaMm Shen MI dud' M Ybty q any anN i q Gangers unnr eM Guamy. WMAr '5- AUI11MUTIM TO LYNOITI. Guru, asemnw, Land,. wlllroul "Celts r dsmra aw wtaes lawrerq IMarnMen, aim wolves my eve we dos or ddanow edswep by motion of (a) lay •erN WSW or Nnb4MkL y low or any dhr Mew Wxn may err kern b"M any adlon, Wudwq a claim Idr deficiency. so" Gnmrllw, balers, or eb Larwlert dnnmanoenw" w wmpbtbn d A 1)" W hereebr (e) 9omowr NM be or berme kwnhwq, eve (b) IM Iweble IM ME M as anw" peed b ft* eeeV9d by eWsewe PWW Cy Swrewef, euwnlor hrwy Ierwan wWYwa aw Mm1llgefles In byes 01' wrtllr End SwoANK, And Ihser MPWtKV emcaesoa, any clahn or not to plymaM Guars he my ram haw or hreeer haw er socam, paW Bce . by euba0PKW en 010 b , w that at mC Nna shoo (WanMw M w beaoms •'dedliof q eonewr WtMn M mMrwnp W I1 V.$.C. wpwrr 617(bL w a y w w proW*n W IM FewM b Mruplcy 03-31-199! Loin No 30022 COLMERCIAL GUARANTY PEpe 2 a" been quent'dor, a 0 W new IMMAIMIN or by mammon d Ift, ovemallon of SOMMIMS MOW imm My ? whsb?, Other than PaYmard In W In legal leader. of #0 (bg any, dW W dbw ftdwp at the VA"00- the battle Of UI#AM*d hrp&VWAW be OM Cold" An Ina ml, III this ousmoy. Gmweda MW Wehw W MWM not b reed or den a my lame em ssrnlar b M rrmaA SrrASked Under Nt Gum* w ray oNb at salad, equudartlYm, naMkr darrM, rmawpnrre or an?lr rlpM. MAN- such cYYn. darnwM a NM art be aseakd by Ya Balawr, Da Gnamanla, or ball. GWRANT0147 UNDW&rANMO WITH RESPECT TO WAIVWA. Garrdr weals W Wass UW each a M w.MS W Iatl, About, is arms wM GURrAm's hYMnnalol. at IN alprYUnd And axwylarss Md Era, Under the dmw& m. On wWra Am atlarble and not edam'b pubho polar or low. N any such wa ver Is deb m1 to be conssy bay epplrabk kw or public poky, such wdm shill be e14aYw aey to le stint greed Dykema or public poky. LrOnER?a RIGIR Oc NETOFF. In.drYm b al Yn uoan.rld riphLL a Irbil apdml Nr Amww. pcaMM a pNr araarN a Gaurlyda drim ter JW In We or Whether o8 may be any as or *0 Every apdwa Lertlw. Y of B msr m hereby Aevelp to Leer M de11 WN N MY ea a ray f r No PNBara Of IIM IN pent Law awl bar or bane in br l of , d III N BaawAr: prw9Levidoa AeWawr, OW such aalmwY AM M AYaaM arty' I p summe.Wader IN lWr M Detrained In "Al Wndbr S MMante Yleer r I ft, any aAnle Ila at n or orsoll In Oft G wms acedd Well l be dWaNarnO eAny d" n Gum oblagrad Sonewa b GUaanlm SW be r?anWW MYr A b And M MI d OW year Wb Oft INAlaad b tarlUint. ar. Glwalla prA W I.abr aptly N oma>b, In "n.M of d Olwaaor, Awnl area to Yw b encule W ft W be msl ,o InrWq mslerlrrt amIY W nlWpa erkmrYa and b eroM much wntw d rlaclYllardm and Is kb arlelr ellmef aWOm an I.arMaf deed naAerry, a epPraPrlatA b pmrMal, paaerM W adom t dphb undw Wb GurenN. MHICELLANEOM MOVIBML The ArFap mrtoeWaar aoAbns m a tart of Oft Guww*: .J AmeereMA. Than Guaranty. W@Ww with Any PAWNI Co mwb. caasute M erect Wean" W AGe racers d are Want r or Ua hrlbeWbNbYt Garry. NaeYsuWeqdaalMwedbtit GuuR*gWGN980OWiMOMMWMNandswadbylrprN a yrssa AaupM b be chr8ed or bound by the etieWa or rmnMmrY. AMft@Wt Law. Tit Ow" hss been M WW b L"W W aacaptd by LN M the CrMwwANYh at PwaryNeda. N Ywe In a kwad, OUrpb AWM pa LW4w% MQ" to VA to the 9 b"M of the catak all CLWAMaA D Candy. CommanwrUm a PaarlWNrt. Ties GUM*shrAbogss neby WCWU*Lwdineamdms wlh9rtaw a We CamtomemeWal Mus)tmwL AIWnryA' FAri EeParmar. Grwanta preen b pry upon dMnMM M d LaerW seek W rPUOwr, bqueq elreYS' Ipe W UerY GINa ssi Wall bae1W Pay Ow b ass Arld W aura a eucn M1 U" OWMnYtnA Gu COW mk W angora d4* a kUkAl Io % aMbbeerredma lea W Mk GWrapfaWs W mom or la nol and n awe is e Neal, A Near plan PA edV kma NW so W omlu ary WXapi .longed' any y adaW Ina ka a ergoAlar-(uMdrarbrd alrtia MoboOm powbp 4e pM MVar9 y mar Oliver as to aommoft l or wnss W aab . MwWW k kw Sky W an r a my be ms be del pprb, W eer rube . wand main stay aumoh edlYOr co Wedad by IN opal MONl At rlsssss replied k Arm Whm tlaposW N do United I shuxm sinew or In such Oliver I Gue"Mor wall Camino eke burned Adios. Inkgmr . Ina names Wr dimmed to how beer wed W I Guaranty or Wen V" GURdl any arm or nap a Nam. The BIma. Caption himmilrip In late Guaranty. N • COA1 of compak such MMV NW M pea IN In All . pier.C:pwb ail amp w._. y uremY. WaWN'. Landerslrlnal be Na A$ nrh a Ylls Gha ft Gu aft • m y dhOthert at f y W La d k o a V reWr Of e of Guaranty, a 1nMeh rep where Nt 1M gar whoa such consent Is require CONFESSION OF AIDGMENT. PROTHONOTARY OR ISERN DF By aril e m May I by Msbc§ arms (on" And ousnAght be ghho" At Ire Ada Guarantee. to any at knee at Gmantar's In IN, angular pal be BarpWr erred b this W* " amen IN and M aarMtl d Lewis, Is required cauwd to subsequent bNArnw Of Leer. ANY JWGMEW PROVISION TO GIWIANTOWS ATTENTION OR GUARANTORHAS SEEN REFRESEME O N/OEpEMENf IEOAL COUNSEL. n? EACH WDERSCONED GUARANTOR ACKNO IMM l1AVIN0 READ ALL THE PROVIlIONS OF THIS GIIARMITY AND AORM TO ITS TMAIN. IN ADDITION, EACH GUARANTOR EYOERSTAWS THAT THIS I1ElA MITY 13 EFFECTP[ VON GUARANTOR'S VWCUTNYI AND W31-19" COMMERCIAL GUARANTY Page 3 Loan No 30032 (ConUme* .. oELwm OF Tm OUARAM TO LEER AND TINT THE OUARAM TYNL CONTIWE UNTa. TENNNAT® IN THE MANIAA SET FORTH N THE eecTION TMED'OUNTNN OF OUARAWY.' NO FORMAL ACCEFrANLY eY I== E MCMARY TO MAKE TIRO GUARANTY E MUDI1E TWB GUARANTY H DATED NMCN31, IM. T/ae pIIAMNTY INN NNN aNWW AND eeM W eY THE UMXPSIOMM. BEAL) am X. COMMERCIAL GUARANTY L. Neheerlaal Mr saded as an br Lenda4 w a M and do m fled Vr aS nAmblM of ON, dwunad b any, pMloMM loon be llwn. BGrrowdr: Oalesaeee S Sala, be. a Powwwara CorporNN L.Nlldly: PW MVLVANIA NATURAL um AND TITIMT COMPANY ate Orally Lade CAMP MIL COVARSYTY OFFICE ModwAb %PA 178M 401 TPMOLJI ROAD - CAMP dell, PA IA71 oultanw: m.7f 1?'pm.d.n _ -__ MaNwicstary,PA tyeN 7 P AMOINIT OF W MANTY. 711b b o plaalry„a F tll? Nob.11MIVSISMVCa bMbtbn M Plk'4w Nob Nmatl of ON bWbn ON • Hundred B" Thaoearw L WIN DMIMS GUARANTY. Fa acted NO yNreab cr§k%"MW 410"TW/T c A. CdoM N ('WMI~l NoNAMV all upmY1VNMM iraaMas MM praNno b as b PM MriVAIIA NATIONAL NANO AND COMPAMF CU~ l sass ~. M bNall MNU a on U MM Nat" a IN NnMel (MM in Vde Dluraaly. bebaM a CalNrew A pplla, lac. • Pemsybatib CorpwNN fNareerer'1 b Lmdn m law mi NITUML The Iaoawtg wads Not few Oti blowlrO mwrapa when used in ads OLwodr Norm ar. The wad'Bonann o' maw Ulsbws S Saw, Inc. a lasrerLheM1 Calpamlon. Guarantee. The word `OMnt w'man Joseph A. Celeueon. Oueraly. The wad 1AIMW men IN Gu illy made by Gatwew b b bean d Lender Called March 31, INN. Irldebledranee. The wad 1rtlNlednse" man Vr Note. Inducing (a) NI pawpal (b) al kAKOK to) NI Ale charges, (t) MI ben Mee end bon dupes. and (•) at cdbclon awls and U"e IN" W In HMO a b 991 DONW" W Oar Nate. Caalbn dab and MpelNw hwbtle wlnNd Initiation N of Laldeft.0morp' lea and LNKWG NON attention, whewr cr red ea Y ImYluted, and atlanoya' New all Wo apenn b Waknpby proaeMlge (aduuq alah to madly w waalo airy acbmaa any a .rye ollwA appus. eN any uftod d poN-Sdgmenl eclectan ew ns. Lender. The wad1.endee maarN PENNSYLVANIA NATDt4A1 SAM(AND MST COMPANY, b.uppeteaa and eeelpn. U,INpNge Nona. The wad NOW mono YIe paNUay nr a aeN apesmenl daled Much 31, bet, In IN edging pdndp d Maned of enw,dw. a, nloale,ors d, alewlupa a, gena,delbn aL and auagwbm br Ihe am NmvYwOr b Lender. together wait at Ianwale of. prordeeory rde a ewwmeri. , palmed G.eawnla. The wend. 'Related Daw~W man and elehale w bYMYon d p mkmV notes, aeon aprmem, ben agreMnnq enWawwdal aprwmree, gmanlin. NWVY moseNnle. mapapet, dead. a Ma, end, bases mhMents, apew eom ad dram ala,whelw new a Lateens,w11lN, stained Maawwclon wlh Vrbdebladwee. MAV1A11M UANLITV. The ouloww Nablq of Ouniadef under Vde Ouaady Mal no Noted M my ones Me, Ine aNCId of the NNa ate .onto el rte atl1NrM IIa1N11drIMO deauaM above, pug N eaten end elponwe a W aaerawwd a ale GuaNwY dad P O W escwlep tl14 olrralry. The above lnVletN an LabWy N not • ro*Ww an IN amoul of Vas bdNbWNon of Natrona to Lwow etM in tlr ANrFgeb a at any Ono am. n Lender prwodly h" ear a mate geewaa, or hnWlas nodYw odd•Nld gewadleo Aan GMANx Sr dpMs of LaNN under N guaranies shall be evadellw. This Ouarady shell rd 0 ul1 epeMleay prodded below b tlr oaYery) seed w hmkkle arty each odes Yuararda. The WOW CN Guscome wet be Ohs aNoNal. laMly d GuarNelr Iwtla ar term a Via Gamely on l anyelrh Weir udrn. . . puamnws. NATLpN OF GUARAMIrY. Glenudw Wands to govembe d a Was the pablane and plenpl paynerd when des, when, N m k ity a NMr by grade of aoeMrallon w oluwbe, ate IMNleuron within On bd. n d With M Vas pmadelg antN of IN, Gunary. DIMATION OF OLLARANTY. This Glieu b wet lea Ned when Isesleed by Wear dlrou We Meet," all sew aaeplena by LWO, wages Malta I, Guarenlor or to NNOwer, and wet ardn" M Ion lea wen at Ialabbd r SW hew been ANy and #a* PON eel a1MW ate a curer aliplcrw M (iwlarllpr under Ws OLM" del all ate perlamN M ad. Aidwas of any Data ONrArlbr a lnrnirelarl d any dher plerwty, d IM IMNledre Nrn nel ~ ON bbaV at Ouerardw udr tlh fAUmMy. A Ieetaesn received by Lander L.In MV sew w mew GlwbMm the m ~ teat lobllr at any rerNAMe Goo alas wrdw this (31mmly. It now w Ilere,er (a) Nwmwar and be or boon ewclwnl, eras (b) ON IrrNwNW"np1 N N WO, Met p, be bdy NmN by cdlehed paNged by limmer. aavanlor hereby Naewr watm and rewgUishat In Iucr of Ladw and 9mmer, w4 thk mpacNw aucceaapn, any di, , ,NN b psymeel fAwadw may am hew or hereafter hew a wyWe ago" Samar, by subrNalon w aYUUwle, w aIN al n Was shut Gtwnb he a banme a'brdlM d Banoymr wlWn ri n9 d Il u.G.C. wam I47fbI. a MY eaatew wmVm a IM Faderd bankn4ti y leIw GlMan ca aho wo eve any and eti rlghis a dolmas ad.eq by name, d (a) err/ 'am adbn' w'anl-defteW kw a any Oaw law wNch ray pamnl Landes han bdn¢w any action. IrMaAn a dam Im detaeney, abalone Gesmden, bolos a alter LandWs ommerrnlnar4 a eomp,en a /I AI44G?") f?- 03-31-1996 COMMERCIAL GUARANTY Pap Y Loan No 30022 (Co thowd) any foacW.s wpn, yam ldlcldyo eA wdmaepoweradN (b)payabollmahNrdlw by Lemon vial tlakoys or marwbe adversely dg* 1. Practical MtMnt Be. IR hanuan.nNd, 111.101111101 w'WWa IMMt.n, any 10" a .Warn wWaor. WAfOQ.wn rWIW «OuurWlWl. the la am as.IARV or pact debw oI Bonawar. of CILLANEOM PROVWIDN9. The lokwkap Wbcwwwm PVWWM" A Pen of the Guww*. AmW Wmaa. TN. Wupay. together alh my iYCad Docommiy ea.WuY. On man udw.bMrW Wd Nauseant a N. PWkM as to 0. maN.e sol lodh in lNs DuvWy. No Amem of or mondmard k U* Guaranty elvl bseM"n ordsn ghrn l wling and WIpad by the party o Puke muPN b be chor ad or bound by as alarakn «vmdnant. APPNW* Leer. TNS Guruly Iw been eeurW b LWdw and GWOPWd by Leader In Ili ConummeaWn of P.esylvarn. t Nary, is a bwsW. SwarmV apron upm Wa.fe legnu to suburb to ft Mbaalm a do cask of CUMBERLAND County. ConnnonwnM of PWwgMaa. This Guawly sadl be gwWad by Wad oowued b.ovldaru wlh Sa Yee a is CammmveeN of Ponnsybe ice. Atlwsyv Feear Eaprase.. GwW V ape to pay upon dewrd r of Led.h aaws."wpWaes. Mdu3W nanaeye My am Lvd.ft btu expWSea, kNr.ra l conM A wNh E. WaowMa of 64 Guaranty. Ie low ray pay me max, eb b help mono, Vol: Gunay..m Quinine, and pay Ys cosh old npmses a Nam wkmnNW, Cub and sparer Imme LMndMys slemW' Am and bps expense wh~ or sI than is • leveal. VrMrahp atl«ays' am am bps eapWNee W WrAnpW/ prgdndbage lard ImUft cable to modEy « wash am.admWb Way or lrpwwl.)6 appeals, end Wry enNipa.d pwFpapaa cokolm Notate, GWU.W ebe ens Bey a apvl epic and sah.d leas n my be dMabd byewpouf. Notcr. Al males ngued to be teen by NllW pAy to llr Weer Muds, ai GWmly Marl benw ft my be and by bMpsMN bow otherwise reaelred by N when depeWd in the United Sbin meek 49 clue pabpe pepeM, adaewd b ft PlAy M OWN e, N. n 19 boMe pIMAW-gold bW Y ed*m a.wn above. to such aaW addrexpe n saw party may dMWahe b lee oller In waling. ti#we is eon don a Guvea.s, m uce to am GuvvAnr ell c..WUb mots to a Goraa.s. F« notice Pupwa. GmanW area to keep ImMIN Wmma a ex 1"; of OumnW's cunW adaexs. W, tare Guannly. Myer b peen l weep and Woad by 4nexr. KEN. any DOW ASIA. A e wby LWdN of send sill complow, *0 IW pmAsen m e L.rar Wad Ga mote. sal comMule a Whuaw the aawN of LoMw a naked coaMyng Wan to aubeapuNA haMaae dbuam Of Larder. TIMN TO JIDOMENT PROVISION 70 GUARANTOR'S ATTENTION ON GUARANTOR HAS BEEN REPRESENTED By INDEPENDENT LEGAL C ]TINSEL. EACN ODERIIGNW GUARANTOR AQU OWLJOGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND A6RWS TO ITS TERMS. IN ADDITION. EACH GUARANTOR UINDETSTANDB THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR? E:IEWrIOIN AND Our A.W. Wayne and epee not brisen or d*n at am Me em dedudWe l a. aroWw pMwftd uldle ada Guwenb by am ablea pipe, couaeeam. coanYl dormck rauxpwool or alndar date. A ONlN Much cbinL daNam «rON may be anerbd by INh BanawW. S. Quittance. or both. GUARAa1TOR'S LMDIRITAN MNO WITH REIPECr TO WAIVERS. GP.WIW W Wlenb and agree, bull nap of an waMn wWE. aboos b Mee wee GeerdnMY IW knowlldto of as Maintenance vd cor.agrep.nd ON, under I. Mbara sbron. BW WWW W Wen noon" awl not ambuy b Mls pubic poky or law. II any such water b dMWmhed to be eeaency to am appluble few or Pubic PaaY. Otern wayr ash W eMaEn mdy to WWII prnNbd by law «pMWO poky. E'ESSON OF JUDGMENT OUNNNYON HENRY IRREVOOABLY AUTHORM AND EMPOWERS ANY ATTORNEY OR THE muwamewv ro n rs rc ew r m IN Ty. rnuunalWaMy" K I£ t.L9yI.VANAA. OR ELSEWHERE. TO APPEAR AT ANY TIME FOR Rf 03-37_1998 COMMERCIAL GUARANTY Pepe 3 Lowy No 30932 (Con9w9N) DEANERY OF TL88 GUARANTY TO LBEEA MIO THAT THE GUARANTY WILL CONTINUE UUM TERMNNTED W THE MANNER SET FORM IN THE SECTION TITLES)'OURATION OF OLWWffY.' NO FORMAL ACCEPTANCE OF LENDER 18 M MRY TO MANE THIS GUARANTY EFFECTWL THIS GUARANTY 19 DATO MARCH 31. AWN. TWS OLLARMTY INBBEF119NW®AND 9ML®W TIE IIMpI?. GUARANTOR: Jr. (BEALJ LM[P /110.MO Y.l Ml.1 ,ALGAL. VV.OB IW LIn. AINFIUIWIVL M- CALAM![LNF.O0.1 C) r- I 1 1? O ?l O -n s f1l T -? rr r? 1 it] t ':L ?,J m t> `D ^G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff No. o 6 - a P43 c, v, i vs. CALABRESE & SONS, INC., Defendant Action in Confession of Judgment For Monetary Amount NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE TO: CALABRESE & SONS, INC 406 BRANDY LANE MECHANICSBURG, PA. 17055 DATE: MAY 19, 2006 (X) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU ON MAY 19, 2006 FOR $1,063,913.86, PLUS INTEREST ON THE JUDGMENT AT THE DEFAULT RATE OF PLAINTIFF'S PRIME RATE PLUS SIX (6%) PERCENT, BEING 13.75% WITH THE PER DIEM AMOUNT OF THE INTEREST, BEING $359.85, COMPUTED ON THE PRINCIPAL BALANCE OF $942,159.44. (X) COPIES OF ALL DOCUMENTS FILED IN SUPPORT OF THE WITHIN JUDGMENT ARE ENCLOSED. If you have any questions regarding this Notice, please contact the attorney for the filing party being the Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY: Prothonotary of Cumberland County Civil Division Jack F. Ream, Esquire 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-6676 E-mail JckReam @aol.com Attorney for Plaintiff Manufacturers and Traders Trust Company (This Notice is given in accordance with Pa. R.C.P. 236) NOTICE SENT TO: CALABRESE & SONS, INC 406 BRANDY LANE MECHANICSBURG, PA. 17055 N_ ? -l'1 y ?At ? ?1 T" 'nom _ poi 2?, ?1 CJ ..w ?fn ?. p `.-a v ?3 ? --< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff No. pG - -2Y&3 C"' / vs. CALABRESE & SONS, INC., Defendant Action in Confession of Judgment For Monetary Amount CERTIFICATE OF RESIDENCE I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, Manufacturers and Traders Trust Company, hereby certify that: Name and Address of Plaintiff Manufacturers and Traders Trust Company 4th Floor, Troup Building 213 Market Street Harrisburg, Pennsylvania 17101 2. Name and Last Known Address of Defendant CALABRESE & SONS, INC 406 BRANDY LANE MECHANICSBURG, PA. 17055 Dated: May 19, 2006 Jack "earn, Esquire Kain, Brown & Roberts LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-6676 E-mail JckReam@aol.com Attorney for the Plaintiff Manufacturers and Traders Trust Company C7 o Q rn -n lb 9 - il { N Cri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS No. Ci v, TRUST COMPANY, Plaintiff vs. Action in Confession of Judgment For Monetary Amount CALABRESE & SONS, INC., Defendant CERTIFICATE OF SERVICE OF FORM 236 - NOTICE OF JUDGMENT I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, Manufacturers and Traders Trust Company, hereby certify that on May 22, 2006, 1 caused a copy of the "Notice of Entry of Judgment" and "Complaint" which have been filed in the above captioned matter and incorporated herein by reference hereto, to be served upon the following party by United States Mail, regular mail and certified mail, return receipt requested, postage prepaid by depositing the "Notice of Entry of Judgment" and "Complaint" in the United States Post Office in York, Pennsylvania, addressed to the following party at the following address: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 Certified Mail #7005 1820 0003 1452 3742 Dated: May 22 2006 Ja k a , Esquire Kain, Brown & Roberts LLP 119 East Market Street York, PA 17401 Attorney I.D. #10241 Telephone: (717) 843-8968 Fax: (717) 846-6676 e-mail: JcKReam@aol.com Attorney for Plaintiff Manufacturers and Traders Trust Company i. / Cf 47 rn 'Ti (???f-- ? fFl te" r 1 rC -r? r) co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff No. 2006 - 02863 Civil vs. CALABRESE & SONS, INC., Defendant Action in Confession of Judgment For Monetary Amount PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter. (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) Against, Defendant, CALABRESE & SONS, INC.; and (3) Against (4) and index this writ Garnishee; (a) Against, CALABRESE & SONS, INC., Defendant; and (b) Against as a lis pendens as Garnishee, against the real property of the Defendant, CALABRESE & SONS, INC., as follows: Three (3) tracts of real property with improvements situate thereof, located partly in Mechanicsburg Borough and in Hampden Township, Cumberland County, Commonwealth of Pennsylvania and described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto being: 406 Brandy Lane consisting of two (2) tracts designated as Parcel 1 and Parcel 2 on Exhibit "A" Tax ID #10-22-0521-01 and Tax ID #18-22-0521-008A 418 Brandy Lane consisting of one (1) tract designated as Parcel 3 on Exhibit "A" Tax ID #18-22-0521-007 (5) Execute on, levy upon and sale all right, title and interest of Defendant, CALABRESE & SONS, INC., in three (3) tracts of real property with improvements situate thereof, located partly in Mechanicsburg Borough and in Hampden Township, Cumberland County, Commonwealth of Pennsylvania and described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto being: 406 Brandy Lane consisting of two (2) tracts designated as Parcel 1 and Parcel 2 on Exhibit "A" Tax ID #10-22-0521-01 and Tax ID #18-22-0521-008A 418 Brandy Lane consisting of one (1) tract designated as Parcel 3 on Exhibit "A" Tax ID #18-22-0521-007 (6) Amount Due $1,063,913.86 Interest to 5/15/2006 $ 2,159.10 Attorneys' Fees Total $1,066,072.96 (Costs to be added) Certification I certify that: (a) This praecipe is based upon a judgment entered by confession, and (b) Notice will be served pursuant to Rule 2958.2 thirty (30) days prior to the date of the Sheriff's sale of the real property described above. Date: May 25, 2006 Jack F. Ream, Esquire 119 East Market Street York, PA 17401 Telephone: 1-717-843-8968 Fax (717) 846-6676 E-mail: JckReam@aol.com Attorney I.D. No. 10241 Attorney for Plaintiff Manufacturers and Traders Trust Company Official Note: Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the Prothonotary. See Rule 3104(b). Paragraph (4)(b) should be completed only if real property in the name of garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). Certification as to waiver of exemption may be included in the preaecipe. Specific directions to the sheriff as to property to be levied upon may be included in the praecipe or by separate direction at the option of plaintiff. ?r f -F- :Ca ci \ J 1 a Vim/ ram Ci -j c-n j C 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. CALABRESE & SONS, INC., Defendant No. 2006 - 02863 Civil Action in Confession of Judgment For Monetary Amount PLAINTIFF'S AFFIDAVIT/AVERMENT CONFESSION OF JUDGMENT FOR MONEY (X) Pursuant to Pa.R.C.P. No. 2951(a) (2) (ii), I certify that this judgment is not being entered by confession against a natural person in connection with a consumer credit transaction (a) A consumer credit transaction means a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes. CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY ( ) Pursuant to Pa. R.C.P. No. 2971(a) (1), 1 certify that this judgment is not being entered against a natural person in connection with a residential lease. The above certification is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: May 25, 2006 KAIN, BROWN & ROBERTS LLP __(? By: _ Jac earn, Esquire 119 E. Market Street York, PA 17401 Telephone: 1-717-843-8968 Fax: 1-717-846-6676 E-mail: JckReam@aol.com Attorney I.D. No. 10241 Attorney for Plaintiff Manufacturers and Traders Trust Company LEGAL DESCRIPTION 406 BRANDY LANE TRACT 1: ALL THAT CERTAIN piece or parcel of land, together with the improvements thereon erected, situate partly in the Borough of Mechanicsburg and partly in the Township of Hampden, bounded and described as follows, to wit: BEGINNING at a spike in the southerly dedicated right-of-way line of Brandy Lane, said spike being at the line of land now or formerly of the Penn Central Railroad, thence continuing along the southerly dedicated right-of-way line of Brandy Lane, North 40 degrees 20 minutes 30 seconds East, 54.16 feet to an iron spike; thence South 27 degrees 04 minutes East, 376.89 feet to an iron pipe; thence North 37 degrees 14 minutes 52 seconds East, 509.58 feet to an iron pin; thence North 50 degrees 33 minutes West, 50 feet to a stake; thence along the line of land now or formerly of J & M Masonry, North 40 degrees 45 minutes East, 478.25 feet to a pin; thence along the line of land now or formerly of Edward Jacobs, South 33 degrees 01 minute East, 886.61 feet to a pin; thence along the line of land now or formerly of the United States of America South 65 degrees 41 minutes 40 seconds West, 358.31 feet to a concrete monument; thence continuing along the same South 65 degrees 27 minutes West, 666.80 feet to a concrete monument; thence North 27 degrees 04 minutes West, 744.09 feet to a spike at the southerly right-of- way line of Brandy Lane, the place of BEGINNING. CONTAINING 14.772 acres of land according to a survey made by Stephen G. Fisher, Registered Surveyor, dated April 25, 1975. BEING Tract No. 2 of the Minor Subdivision Plan for Beatrice A. Kramer, said plan being recorded in Plan Book 26, Page 96. HAVING THEREON erected an industrial building with office complex currently numbered 406 Brandy Lane, Mechanicsburg, Pennsylvania. Tax ID #18-22-0521-008A TRACT # 2 THAT CERTAIN tract of land situate partly in the Borough of Mechanicsburg and partly in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by a concrete monument at corner of Tract # 3 hereinabove described; thence extending along the southeasterly line of Tract # 3, herein South 42 degrees West, 55.03 feet to an iron pin at corner of land now or late of Marlin L. Fry, being also a corner of other land now or formerly of M. P. Calabrese and Virginia EXHIBIT "A" L. Calabrese, his wife; thence along the line of said other lands now or formerly of Calabrese South 47 degrees 15 minutes East, 22.43 feet, more or less, to a point; thence continuing along the line of said other land now or formerly of Calabrese, North 44 degrees 03 minutes 59 seconds East, 478.67 feet, more or less, to an iron pin; thence still along the line of other lands now or formerly of Calabrese, South 29 degrees 41 minutes 08 seconds East, 886.65 feet, more or less, to an iron pin in the line of land of The United States of America, presently used as a Naval Supply Depot; thence along the line of said land of The United States of America and now used as a Naval Supply Depot, North 69 degrees 01 minute 38 seconds East, 300 feet, more or less, to a point marked by a concrete monument; thence continuing along the line of said land of The United States of America, North 28 degrees 24 minutes 59 seconds West, 1,080.42 feet to a point marked by a pipe in the line of lands now or late of Curtis Fry; thence along the line of said lands now or late of Curtis Fry, South 42 degrees West, 338.16 feet, more or less, to a point marked by a concrete monument; thence along the line of land of same, South 42 degrees 55 minutes 46 seconds West, 435.60 feet, more or less, to a point in the easterly line of Tract # 3, hereinabove described; thence along the eastern line Tract # 3, South 47 degrees 15 minutes East, 7.23 feet, more or less, to a point marked by a concrete monument at a corner of Tract # 3 herein, at the point and place of BEGINNING. Tax ID 10-22-0521-015 418 BRANDY LANE TRACT # 3 ALL THAT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Brandy Lane at corner of land now or formerly of R. D. Leahy; thence along the line of said land now or formerly of R. D. Leahy, the same being along the Western line of Lots Nos. 39, 40, 41, 42, 43 and 44 on. the Plan of Curtis Fry, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 3, at Page 92, South 47 degrees 15 minutes East, 275.2 feet, more or less, to a concrete monument in the line of other land of M. P. Calabrese, being Tract # 2 hereinafter described; thence along the line of the said lands of Calabrese and being Parcel No. 2 herein, South 42 degrees West, 55.03 feet to an iron pin at corner of land now or late of Marlin L. Fry; thence along the line of said land now or late of Marlin L. Fry, North 47 degrees 15 minutes West, 275.72 feet, more or less, to a point in the centerline of Brandy Lane, aforesaid; thence along the centerline of Brandy Lane, North 42 degrees 45 minutes East, 55.00 feet, more or less, to a point at corner of land now or late of R. D. Leahy, aforesaid, at the point and place of BEGINNING. Tax ID #18-22-0521-007 2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2863 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff (s) From CALABRESE & SONS, INC. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,063,913.86 Interest TO 5/15/06 - $2,159.10 Atty's Comm % Atty Paid $113.14 Plaintiff Paid Date: MAY 25, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURT R. LONG Prothonotary By: Deputy REQUESTING PARTY: Name JACK F. REAM, ESQUIRE Address: 119 EAST MARKET STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-843-8968 Supreme Court ID No. 10241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. CALABRESE & SONS, INC., Defendant No. 2006 - 02863 Civil Action in Confession of Judgment For Monetary Amount AFFIDAVIT PURSUANT TO RULE 3129.1 I, JACK F. REAM, ESQUIRE, attorney for Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY, in the above action, set forth, as of the date of the praecipe for the writ of execution was filed, the following information concerning the following three (3) tracts of real estate with improvements situate thereon partly in Hampden Township and partly in Mechanicsburg Borough, Cumberland County, Commonwealth of Pennsylvania and described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto being: 406 Brandy Lane consisting of two (2) tracts designated as Parcel 1 and Parcel 2 on Exhibit "A" Tax ID # 10-22-0521-01 and Tax ID #18-22-0521-008A 418 Brandy Lane consisting of one (1) tract designated as Parcel 3 on Exhibit "A" Tax ID #18- 22-0521-007 1. Name and Address of Owner(s) or Reputed Owner(s): Name Calabrese & Sons, Inc. 2. Name Address (if address cannot be reasonably ascertained, please so indicate) 406 Brandy Lane Mechanicsburg, PA 17055 Name and Address of Defendant(s) in the Judgment: Calabrese & Sons, Inc. Address (if address cannot be reasonably ascertained, please so indicate) 406 Brandy Lane Mechanicsburg, PA 17055 3. Name and Address of every-Judgment Creditor whose judgment is a record lien on the real property to be sold: Name MANUFACTURERS AND TRADERS TRUST COMPANY Commerce Bank/Harrisburg, N.A. Attention: Angela Masser Virginia L. Calabrese Hanover Associates Sorel Forge Co. Estate of Michael P. Calabrese c/o John Eakin, Esquire Canada Forgings, Inc. Danko Arlington, Inc. Engelhardt Gear Co. The Dyson Corporation 4. Name Address (if address cannot be reasonably ascertained, please so indicate) 4th Floor, Troup Building 213 Market Street Harrisburg, PA 17101 3801 Paxton Street Harrisburg, PA 17111 418 East Elmwood Avenue Mechanicsburg, PA 17055 311 East Elmwood Avenue Mechanicsburg, Pa. 17055 100 McCarthy St. Quebec, Canada J3R 3M8 Main and Market Streets Mechanicsburg, PA 17055 130 Hager Street Welland, Ontario L3B 5PS 4800 E. Walbash Avenue Baltimore Md. 21215 2526 American Lane Elk Grove Village, Illinois 60007 55 Freedom Painesville, Ohio 44077 Name and Address of the last recorded holder of eve mortgage of record: Manufacturers and Traders Trust Company Commerce Bank/Harrisburg, N.A. Attention: Angela Masser Address (if address cannot be reasonably ascertained, please so indicate) 4th Floor, Troup Building 213 Market Street Harrisburg, PA 17101 3801 Paxton Street Harrisburg, PA 17111 Virginia L. Calabrese 418 East Elmwood Avenue Mechanicsburg, PA 17055 5. Name and Address of every other person who has any record lien on the Property: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 (if address cannot be reasonably ascertained, please so indicate) N/A 7. Name and Address of every other person of who the Plaintiff has knowledge who has any interest in the property which may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please so indicate) N/A 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. Sec. 4904 relating to unsworn falsification to authorities. Dated: May 25, 2006 Esq. Kain, Brown & Roberts LLP 11 East Market Street York, PA 17401 Telephone: (717) 843-8968 Fax: (717) 846-6676 E-mail: JckReam@aol.com Attorney I.D. No. 10241 Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. LEGAL DESCRIPTION 406 BRANDY LANE TRACT 1: ALL THAT CERTAIN piece or parcel of land, together with the improvements thereon erected, situate partly in the Borough of Mechanicsburg and partly in the Township of Hampden, bounded and described as follows, to wit: BEGINNING at a spike in the southerly dedicated right-of-way line of Brandy Lane, said spike being at the line of land now or formerly of the Penn Central Railroad, thence continuing along the southerly dedicated right-of-way line of Brandy Lane, North 40 degrees 20 minutes 30 seconds East, 54.16 feet to an iron spike; thence South 27 degrees 04 minutes East, 376.89 feet to an iron pipe; thence North 37 degrees 14 minutes 52 seconds East, 509.58 feet to an iron pin; thence North 50 degrees 33 minutes West, 50 feet to a stake; thence along the line of land now or formerly of J & M Masonry, North 40 degrees 45 minutes East, 478.25 feet to a pin; thence along the line of land now or formerly of Edward Jacobs, South 33 degrees 01 minute East, 886.61 feet to a pin; thence along the line of land now or formerly of the United States of America South 65 degrees 41 minutes 40 seconds West, 358.31 feet to a concrete monument; thence continuing along the same South 65 degrees 27 minutes West, 666.80 feet to a concrete monument; thence North 27 degrees 04 minutes West, 744.09 feet to a spike at the southerly right-of- way line of Brandy Lane, the place of BEGINNING. CONTAINING 14.772 acres of land according to a survey made by Stephen G. Fisher, Registered Surveyor, dated April 25, 1975. BEING Tract No. 2 of the Minor Subdivision Plan for Beatrice A. Kramer, said plan being recorded in Plan Book 26, Page 96. HAVING THEREON erected an industrial building with office complex currently numbered 406 Brandy Lane, Mechanicsburg, Pennsylvania. Tax ID #18-22-0521-008A TRACT # 2 THAT CERTAIN tract of land situate partly in the Borough of Mechanicsburg and partly in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by a concrete monument at corner of Tract # 3 hereinabove described; thence extending along the southeasterly line of Tract # 3, herein South 42 degrees West, 55.03 feet to an iron pin at corner of land now or late of Marlin L. Fry, being also a corner of other land now or formerly of M. P. Calabrese and Virginia EXHIBIT "A" 1 L. Calabrese, his wife; thence along the line of said other lands now or formerly of Calabrese South 47 degrees 15 minutes East, 22.43 feet, more or less, to a point; thence continuing along the line of said other land now or formerly of Calabrese, North 44 degrees 03 minutes 59 seconds East, 478.67 feet, more or less, to an iron pin; thence still along the line of other lands now or formerly of Calabrese, South 29 degrees 41 minutes 08 seconds East, 886.65 feet, more or less, to an iron pin in the line of land of The United States of America, presently used as a Naval Supply Depot; thence along the line of said land of The United States of America and now used as a Naval Supply Depot, North 69 degrees 01 minute 38 seconds East, 300 feet, more or less, to a point marked by a concrete monument; thence continuing along the line of said land of The United States of America, North 28 degrees 24 minutes 59 seconds West, 1,080.42 feet to a point marked by a pipe in the line of lands now or late of Curtis Fry; thence along the line of said lands now or late of Curtis Fry, South 42 degrees West, 338.16 feet, more or less, to a point marked by a concrete monument; thence along the line of land of same, South 42 degrees 55 minutes 46 seconds West, 435.60 feet, more or less, to a point in the easterly line of Tract # 3, hereinabove described; thence along the eastern line Tract # 3, South 47 degrees 15 minutes East, 7.23 feet, more or less, to a point marked by a concrete monument at a corner of Tract # 3 herein, at the point and place of BEGINNING. Tax ID 10-22-0521-015 418 BRANDY LANE TRACT # 3 ALL THAT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Brandy Lane at corner of land now or formerly of R. D. Leahy; thence along the line of said land now or formerly of R. D. Leahy, the same being along the Western line of Lots Nos. 39, 40, 41, 42, 43 and 44 on the Plan of Curtis Fry, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 3, at Page 92, South 47 degrees 15 minutes East, 275.2 feet, more or less, to a concrete monument in the line of other land of M. P. Calabrese, being Tract # 2 hereinafter described; thence along the line of the said lands of Calabrese and being Parcel No. 2 herein, South 42 degrees West, 55.03 feet to an iron pin at corner of land now or late of Marlin L. Fry; thence along the line of said land now or late of Marlin L. Fry, North 47 degrees 15 minutes West, 275.72 feet, more or less, to a point in the centerline of Brandy Lane, aforesaid; thence along the centerline of Brandy Lane, North 42 degrees 45 minutes East, 55.00 feet, more or less, to a point at corner of land now or late of R. D. Leahy, aforesaid, at the point and place of BEGINNING. Tax ID #18-22-0521-007 2 C3-? N _ Cn X-- C* 0 T77 0 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. CALABRESE & SONS, INC., Defendant No. 2006 - 02863 Civil Action in Confession of Judgment For Monetary Amount NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held on Wednesday, September 6, 2006, in Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, Room to be announced day of sale, at 10.:00 A. M. Prevailing Time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION OF your property to be sold: the following three (3) tract of real estate with improvements situate thereon partly in Hampden Township and partly in Mechanicsburg Borough, Cumberland County, Commonwealth of Pennsylvania and described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto being: 406 Brandy Lane consisting of two (2) tracts designated as Parcel 1 and Parcel 2 on Exhibit "A" Tax ID #10-22-0521-01 and Tax ID#18-22-0521-008A 418 Brandy Lane consisting of one (1) tract designated as Parcel 3 on Exhibit "A" Tax I D #18-22-0521-007 Sb THE JUDGMENT under or pursuant to which your property is being sold is docketed to: MANUFACTURERS AND TRADERS TRUST COMPANY, PLAINTIFF, Vs. CALABRESE & SONS, INC., DEFENDANT, NO. 2006 - 02863 Civil The name of the owner or reputed owner of this property is: CALABRESE & SONS, INC., DEFENDANT. A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of Cumberland County, Pennsylvania, Cumberland County Courthouse, One Court House Square Carlisle, Pennsylvania 17013, Telephone: 1-717-240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE 1-717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. A petition or petitioners raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at 10 one of the Court's regularly scheduled business court sessions. The petition must be served on the attorney for the creditor at least two (2) business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator, Cumberland County Courthouse, One Court House Square Carlisle, Pennsylvania 17013, Telephone: 1-717-240-6200. Dated: May 25, 2006 Esquire Kain, Brown & Roberts LLP 11 East Market Street York, PA 17401 Telephone (717) 843-8968 Fax (717) 846-6676 E-mail: JckReam@aol.com Attorney I.D. No. 10241 Attorney for Plaintiff Manufacturers and Traders Trust Company G LEGAL DESCRIPTION 406 BRANDY LANE TRACT 1: ALL THAT CERTAIN piece or parcel of land, together with the improvements thereon erected, situate partly in the Borough of Mechanicsburg and partly in the Township of Hampden, bounded and described as follows, to wit: BEGINNING at a spike in the southerly dedicated right-of-way line of Brandy Lane, said spike being at the line of land now or formerly of the Penn Central Railroad, thence continuing along the southerly dedicated right-of-way line of Brandy Lane, North 40 degrees 20 minutes 30 seconds East, 54.16 feet to an iron spike; thence South 27 degrees 04 minutes East, 376.89 feet to an iron pipe; thence North 37 degrees 14 minutes 52 seconds East, 509.58 feet to an iron pin; thence North 50 degrees 33 minutes West, 50 feet to a stake; thence along the line of land now or formerly of J & M Masonry, North 40 degrees 45 minutes East, 478.25 feet to a pin; thence along the line of land now or formerly of Edward Jacobs, South 33 degrees 01 minute East, 886.61 feet to a pin; thence along the line of land now or formerly of the United States of America South 65 degrees 41 minutes 40 seconds West, 358.31 feet to a concrete monument; thence continuing along the same South 65 degrees 27 minutes West, 666.80 feet to a concrete monument; thence North 27 degrees 04 minutes West, 744.09 feet to a spike at the southerly right-of- way line of Brandy Lane, the place of BEGINNING. CONTAINING 14.772 acres of land according to a survey made by Stephen G. Fisher, Registered Surveyor, dated April 25, 1975. BEING Tract No. 2 of the Minor Subdivision Plan for Beatrice A. Kramer, said plan being recorded in Plan Book 26, Page 96. HAVING THEREON erected an industrial building with office complex currently numbered 406 Brandy Lane, Mechanicsburg, Pennsylvania. Tax ID #18-22-0521-008A TRACT # 2 THAT CERTAIN tract of land situate partly in the Borough of Mechanicsburg and partly in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by a concrete monument at corner of Tract # 3 hereinabove described; thence extending along the southeasterly line of Tract # 3, herein South 42 degrees West, 55.03 feet to an iron pin at corner of land now or late of Marlin L. Fry, being also a corner of other land now or formerly of M. P. Calabrese and Virginia EXHIBIT "A" L. Calabrese, his wife; thence along the line of said other lands now or formerly of Calabrese South 47 degrees 15 minutes East, 22.43 feet, more or less, to a point; thence continuing along the line of said other land now or formerly of Calabrese, North 44 degrees 03 minutes 59 seconds East, 478.67 feet, more or less, to an iron pin; thence still along the line of other lands now or formerly of Calabrese, South 29 degrees 41 minutes 08 seconds East, 886.65 feet, more or less, to an iron pin in the line of land of The United States of America, presently used as a Naval Supply Depot; thence along the line of said land of The United States of America and now used as a Naval Supply Depot, North 69 degrees 01 minute 38 seconds East, 300 feet, more or less, to a point marked by a concrete monument; thence continuing along the line of said land of The United States of America, North 28 degrees 24 minutes 59 seconds West, 1,080.42 feet to a point marked by a pipe in the line of lands now or late of Curtis Fry; thence along the line of said lands now or late of Curtis Fry, South 42 degrees West, 338.16 feet, more or less, to a point marked by a concrete monument; thence along the line of land of same, South 42 degrees 55 minutes 46 seconds West, 435.60 feet, more or less, to a point in the easterly line of Tract # 3, hereinabove described; thence along the eastern line Tract # 3, South 47 degrees 15 minutes East, 7.23 feet, more or less, to a point marked by a concrete monument at a corner of Tract # 3 herein, at the point and place of BEGINNING. Tax ID 10-22-0521-015 418 BRANDY LANE TRACT # 3 ALL THAT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Brandy Lane at corner of land now or formerly of R. D. Leahy; thence along the line of said land now or formerly of R. D. Leahy, the same being along the Western line of Lots Nos. 39, 40, 41, 42, 43 and 44 on the Plan of Curtis Fry, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 3, at Page 92, South 47 degrees 15 minutes East, 275.2 feet, more or less, to a concrete monument in the line of other land of M. P. Calabrese, being Tract # 2 hereinafter described; thence along the line of the said lands of Calabrese and being Parcel No. 2 herein, South 42 degrees West, 55.03 feet to an iron pin at corner of land now or late of Marlin L. Fry; thence along the line of said land now or late of Marlin L. Fry, North 47 degrees 15 minutes West, 275.72 feet, more or less, to a point in the centerline of Brandy Lane, aforesaid; thence along the centerline of Brandy Lane, North 42 degrees 45 minutes East, 55.00 feet, more or less, to a point at corner of land now or late of R. D. Leahy, aforesaid, at the point and place of BEGINNING. Tax ID #18-22-0521-007 2 c rue.; :r». L'i i:) f:b SHERIFF'S RETURN - REGULAR CASE NO: 2006-02863 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS CALABERSE & SONS INC MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLT-CONFES JUDGMENT was served upon CALABRESA & SONS INC the DEFENDANT , at 0909:00 HOURS, on the 22nd day of May , 2006 at 406 BRANDY LANE MECHANICSBURG, PA 17055 by handing to JOSEPH A. CALABRESE, PRESIDENT a true and attested copy of COMPLT-CONFES JUDGMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this So Answers: 18.00 9.68 .39 10.00 R. Thomas Kline .00 38.07,/ 05/25/2006 1?,1 z-04 KAIN BROWN ROBERTS -' 7 By. day Deputy eriff of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-02863 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS CALABERSE & SONS INC MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ENTRY OF JUDGMENT, was served upon CALABRESA & SONS INC the DEFENDANT , at 0909:00 HOURS, on the 22nd day of May , 2006 at 406 BRANDY LANE MECHANICSBURG, PA 17055 by handing to JOSEPH A CALABRESE, PRESIDENT, ADULT IN CHARGE a true and attested copy of ENTRY OF JUDGMENT, together with NOTICE, CONFESSION AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 9 68 ' ,. . Postage .39 Surcharge 10.00 R. Thomas Kline .00 38.07,/ 05/23/2006 KAIN BROWN ROBERTS By : Deputy S?h i f f Manufacturers and Traders Trust Company VS Calabrese & Sons, Inc. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2863Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Jack F. Ream. Sheriffs Costs: Docketing 30.00 Surcharge 40.00 Law Library .50 Prothonotary 1.00 Poundage 8,795.55 Share of bills 19.31 Mileage 8.80 Advertising 15.00 Levy 15.00 $8,925.16 So Answers: R. Thomas Kline, Sheriff Real Estate rgeant Jam. I S ? Fs' 7" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff No. 2006 - 02863 Civil vs. CALABRESE & SONS, INC., Defendant Action in Confession of Judgment For Monetary Amount AFFIDAVIT PURSUANT TO RULE 3129.1 I, JACK F. REAM, ESQUIRE, attorney for Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY, in the above action, set forth, as of the date of the praecipe for the writ of execution was filed, the following information concerning the following three (3) tracts of real estate with improvements situate thereon partly in Hampden Township and partly in Mechanicsburg Borough, Cumberland County, Commonwealth of Pennsylvania and described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto being: 406 Brandy Lane consisting of two (2) tracts designated as Parcel 1 and Parcel 2 on Exhibit "A" Tax ID # 10-22-0521-01 and Tax ID #18-22-0521-008A 418 Brandy Lane consisting of one (1) tract designated as Parcel 3 on Exhibit "A" Tax ID #18- 22-0521-007 Name and Address of Owner(s) or Reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Calabrese & Sons, Inc. 406 Brandy Lane Mechanicsburg, PA 17055 2. Name and Address of Defendant(s) in the Judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Calabrese & Sons, Inc. 406 Brandy Lane Mechanicsburg, PA 17055 3. Name and Address of every Judgment Creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) MANUFACTURERS AND TRADERS TRUST COMPANY 4th Floor, Troup Building 213 Market Street Harrisburg, PA 17101 Commerce Bank/Harrisburg, N.A Attention: Angela Masser Virginia L. Calabrese Hanover Associates Sorel Forge Co. Estate of Michael P. Calabrese c/o John Eakin, Esquire Canada Forgings, Inc. Danko Arlington, Inc. Engelhardt Gear Co. The Dyson Corporation 3801 Paxton Street Harrisburg, PA 17111 418 East Elmwood Avenue Mechanicsburg, PA 17055 311 East Elmwood Avenue Mechanicsburg, Pa. 17055 100 McCarthy St. Quebec, Canada J3R 3M8 Main and Market Streets Mechanicsburg, PA 17055 130 Hager Street Welland, Ontario L3B 5PS 4800 E. Walbash Avenue Baltimore Md. 21215 2526 American Lane Elk Grove Village, Illinois 60007 55 Freedom Painesville, Ohio 44077 4. Name and Address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Manufacturers and Traders Trust Company 4th Floor, Troup Building 213 Market Street Harrisburg, PA 17101 Commerce Bank/Harrisburg, N.A. Attention: Angela Masser 3801 Paxton Street Harrisburg, PA 17111 2 Virginia L. Calabrese 418 East Elmwood Avenue Mechanicsburg, PA 17055 5. Name and Address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 (if address cannot be reasonably ascertained, please so indicate) N/A 7. Name and Address of every other person of who the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) N/A 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. Sec. 4904 relating to unsworn falsification to authorities. Dated: May 25, 2006 Esq. Kain, Brown & Roberts LLP 11 East Market Street York, PA 17401 Telephone: (717) 843-8968 Fax: (717) 846-6676 E-mail: JckReam@aol.com Attorney I.D. No. 10241 Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. LEGAL DESCRIPTION 406 BRANDY LANE TRACT 1: ALL THAT CERTAIN piece or parcel of land, together with the improvements thereon erected, situate partly in the Borough of Mechanicsburg and partly in the Township of Hampden, bounded and described as follows, to wit: BEGINNING at a spike in the southerly dedicated right-of-way line of Brandy Lane, said spike being at the line of land now or formerly of the Penn Central Railroad, thence continuing along the southerly dedicated right-of-way line of Brandy Lane, North 40 degrees 20 minutes 30 seconds East, 54.16 feet to an iron spike; thence South 27 degrees 04 minutes East, 376.89 feet to an iron pipe; thence North 37 degrees 14 minutes 52 seconds East, 509.58 feet to an iron pin; thence North 50 degrees 33 minutes West, 50 feet to a stake; thence along the line of land now or formerly of J & M Masonry, North 40 degrees 45 minutes East, 478.25 feet to a pin; thence along the line of land now or formerly of Edward Jacobs, South 33 degrees 01 minute East, 886.61 feet to a pin; thence along the line of land now or formerly of the United States of America South 65 degrees 41 minutes 40 seconds West, 358.31 feet to a concrete monument; thence continuing along the same South 65 degrees 27 minutes West, 666.80 feet to a concrete monument; thence North 27 degrees 04 minutes West, 744.09 feet to a spike at the southerly right-of- way line of Brandy Lane, the place of BEGINNING. CONTAINING 14.772 acres of land according to a survey made by Stephen G. Fisher, Registered Surveyor, dated April 25, 1975. BEING Tract No. 2 of the Minor Subdivision Plan for Beatrice A. Kramer, said plan being recorded in Plan Book 26, Page 96. HAVING THEREON erected an industrial building with office complex currently numbered 406 Brandy Lane, Mechanicsburg, Pennsylvania. Tax ID #18-22-0521-008A TRACT # 2 THAT CERTAIN tract of land situate partly in the Borough of Mechanicsburg and partly in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by a concrete monument at corner of Tract # 3 hereinabove described; thence extending along the southeasterly line of Tract # 3, herein South 42 degrees West, 55.03 feet to an iron pin at corner of land now or late of Marlin L. Fry, being also a corner of other land now or formerly of M. P. Calabrese and Virginia EXHIBIT "A" 1 L. Calabrese, his wife; thence along the line of said other lands now or fonnerly of Calabrese South 47 degrees 15 minutes East, 22.43 feet, more or less, to a point; thence continuing along the line of said other land now or formerly of Calabrese, North 44 degrees 03 minutes 59 seconds East, 478.67 feet, more or less, to an iron pin; thence still along the line of other lands now or fonnerly of Calabrese, South 29 degrees 41 minutes 08 seconds East, 886.65 feet, more or less, to an iron pin in the line of land of The United States of America, presently used as a Naval Supply Depot; thence along the line of said land of The United States of America and now used as a Naval Supply Depot, North 69 degrees 01 minute 38 seconds East, 300 feet, more or less, to a point marked by a concrete monument; thence continuing along the line of said land of The United States of America, North 28 degrees 24 minutes 59 seconds West, 1,080.42 feet to a point marked by a pipe in the line of lands now or late of Curtis Fry; thence along the line of said lands now or late of Curtis Fry, South 42 degrees West, 338.16 feet, more or less, to a point marked by a concrete monument; thence along the line of land of same, South 42 degrees 55 minutes 46 seconds West, 435.60 feet, more or less, to a point in the easterly line of Tract # 3, hereinabove described; thence along the eastern line Tract # 3, South 47 degrees 15 minutes East, 7.23 feet, more or less, to a point marked by a concrete monument at a corner of Tract # 3 herein, at the point and place of BEGINNING. Tax ID 10-22-0521-015 418 BRANDY LANE TRACT # 3 ALL THAT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Brandy Lane at corner of land now or formerly of R. D. Leahy; thence along the line of said land now or formerly of R. D. Leahy, the same being along the Wester line of Lots Nos. 39, 40, 41, 42, 43 and 44 on the Plan of Curtis Fry, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 3, at Page 92, South 47 degrees 15 minutes East, 275.2 feet, more or less, to a concrete monument in the line of other land of M. P. Calabrese, being Tract # 2 hereinafter described; thence along the line of the said lands of Calabrese and being Parcel No. 2 herein, South 42 degrees West, 55.03 feet to an iron pin at corner of land now or late of Marlin L. Fry; thence along the line of said land now or late of Marlin L. Fry, North 47 degrees 15 minutes West, 275.72 feet, more or less, to a point in the centerline of Brandy Lane, aforesaid; thence along the centerline of Brandy Lane, North 42 degrees 45 minutes East, 55.00 feet, more or less, to a point at corner of land now or late of R. D. Leahy, aforesaid, at the point and place of BEGINNING. Tax ID #18-22-0521-007 2 SJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS No. 2006 - 02863 Civil TRUST COMPANY, Plaintiff vs. CALABRESE & SONS, INC., Defendant Action in Confession of Judgment For Monetary Amount NOTICE OF JUDGMENT AND EXECUTION REQUIRED UNDER RULE 2958.2 TO: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 A Judgment in the amount of $1,063,913.86 has been entered against you as Defendants on May 19, 2005, in favor of the Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY, without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Court has issued a writ of execution, which directs the sheriff to levy upon and sell certain real property owned by you listed below to pay the judgment: three (3) tracts of real estate with improvements situate thereon partly in Hampden Township and partly in Mechanicsburg Borough, Cumberland County, Commonwealth of Pennsylvania and described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto being: (A) 406 Brandy Lane consisting of two (2) tracts designated as Parcel 1 and Parcel 2 on Exhibit "A" Tax ID #10-22-0521-01 and Tax ID #18-22-0521- 008A; and (B) 418 Brandy Lane consisting of one (1) tract designated as Parcel 3 on Exhibit "A" Tax ID #18-22-0521-007. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 PHONE 1-717-249-3166 JACK F. REAM, ESQUIRE KAIN, BROWN & ROBERTS LLP 119 EAST MARKET STREET YORK, PA 17401 1. D. #10241 PHONE 1-717-843-8968 FAX 1-717-856-6676 Email: JckReam@aol.com ATTORNEY FOR PLAINTIFF COMMERCE BANK/HARRISBURG, N.A. Dated: May 25, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff No. 2006 - 02863 Civil vs. CALABRESE & SONS, INC., Defendant Action in Confession of Judgment For Monetary Amount PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I, hereby certify that we did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for a Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 Dated: 2006 CALABRESE & SONS, INC. s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS No. 2006 - 02863 Civil TRUST COMPANY, Plaintiff vs. Action in Confession of Judgment For Monetary Amount CALABRESE & SONS, INC., Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held on Wednesday, September 6, 2006, in Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, Room to be announced day of sale, at 10.:00 A. M. Prevailing Time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION OF your property to be sold: the following three (3) tract of real estate with improvements situate thereon partly in Hampden Township and partly in Mechanicsburg Borough, Cumberland County, Commonwealth of Pennsylvania and described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto being: 406 Brandy Lane consisting of two (2) tracts designated as Parcel 1 and Parcel 2 on Exhibit "A" Tax ID #10-22-0521-01 and Tax ID#18-22-0521-008A 418 Brandy Lane consisting of one (1) tract designated as Parcel 3 on Exhibit "A" Tax ID #18-22-0521-007 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: MANUFACTURERS AND TRADERS TRUST COMPANY, PLAINTIFF, Vs. CALABRESE & SONS, INC., DEFENDANT, NO. 2006 - 02863 Civil The name of the owner or reputed owner of this property is: CALABRESE & SONS, INC., DEFENDANT. A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of Cumberland County, Pennsylvania, Cumberland County Courthouse, One Court House Square Carlisle, Pennsylvania 17013, Telephone: 1-717-240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE 1-717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. A petition or petitioners raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions. The petition must be served on the attorney for the creditor at least two (2) business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator, Cumberland County Courthouse, One Court House Square Carlisle, Pennsylvania 17013, Telephone: 1-717-240-6200. Dated: May 25, 2006 hZ, Es , q ui re ac? a? Kain, Brown & Roberts LLP 11 East Market Street York, PA 17401 Telephone (717) 843-8968 Fax (717) 846-6676 E-mail: JckReam@aol.com Attorney I.D. No. 10241 Attorney for Plaintiff Manufacturers and Traders Trust Company LEGAL DESCRIPTION 406 BRANDY LANE TRACT 1: ALL THAT CERTAIN piece or parcel of land, together with the improvements thereon erected, situate partly in the Borough of Mechanicsburg and partly in the Township of Hampden, bounded and described as follows, to wit: BEGINNING at a spike in the southerly dedicated right-of-way line of Brandy Lane, said spike being at the line of land now or formerly of the Penn Central Railroad, thence continuing along the southerly dedicated right-of-way line of Brandy Lane, North 40 degrees 20 minutes 30 seconds East, 54.16 feet to an iron spike; thence South 27 degrees 04 minutes East, 376.89 feet to an iron pipe; thence North 37 degrees 14 minutes 52 seconds East, 509.58 feet to an iron pin; thence North 50 degrees 33 minutes West, 50 feet to a stake; thence along the line of land now or formerly of J & M Masonry, North 40 degrees 45 minutes East, 478.25 feet to a pin; thence along the line of land now or formerly of Edward Jacobs, South 33 degrees 01 minute East, 886.61 feet to a pin; thence along the line of land now or formerly of the United States of America South 65 degrees 41 minutes 40 seconds West, 358.31 feet to a concrete monument; thence continuing along the same South 65 degrees 27 minutes West, 666.80 feet to a concrete monument; thence North 27 degrees 04 minutes West, 744.09 feet to a spike at the southerly right-of- way line of Brandy Lane, the place of BEGINNING. CONTAINING 14.772 acres of land according to a survey made by Stephen G. Fisher, Registered Surveyor, dated April 25, 1975. BEING Tract No. 2 of the Minor Subdivision Plan for Beatrice A. Kramer, said plan being recorded in Plan Book 26, Page 96. HAVING THEREON erected an industrial building with office complex currently numbered 406 Brandy Lane, Mechanicsburg, Pennsylvania. Tax ID #18-22-0521-008A TRACT # 2 THAT CERTAIN tract of land situate partly in the Borough of Mechanicsburg and partly in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by a concrete monument at corner of Tract # 3 hereinabove described; thence extending along the southeasterly line of Tract # 3, herein South 42 degrees West, 55.03 feet to an iron pin at corner of land now or late of Marlin L. Fry, being also a corner of other land now or formerly of M. P. Calabrese and Virginia EXHIBIT "A" L. Calabrese, his wife; thence along the line of said other lands now or fonnerly of Calabrese South 47 degrees 15 minutes East, 22.43 feet, more or less, to a point; thence continuing along the line of said other land now or fonnerly of Calabrese, North 44 degrees 03 minutes 59 seconds East, 478.67 feet, more or less, to an iron pin; thence still along the line of other lands now or fonnerly of Calabrese, South 29 degrees 41 minutes 08 seconds East, 886.65 feet, more or less, to an iron pin in the line of land of The United States of America, presently used as a Naval Supply Depot; thence along the line of said land of The United States of America and now used as a Naval Supply Depot, North 69 degrees 01 minute 38 seconds East, 300 feet, more or less, to a point marked by a concrete monument; thence continuing along the line of said land of The United States of America, North 28 degrees 24 minutes 59 seconds West, 1,080.42 feet to a point marked by a pipe in the line of lands now or late of Curtis Fry; thence along the line of said lands now or late of Curtis Fry, South 42 degrees West, 338.16 feet, more or less, to a point marked by a concrete monument; thence along the line of land of same, South 42 degrees 55 minutes 46 seconds West, 435.60 feet, more or less, to a point in the easterly line of Tract # 3, hereinabove described; thence along the eastern line Tract # 3, South 47 degrees 15 minutes East, 7.23 feet, more or less, to a point marked by a concrete monument at a corner of Tract # 3 herein, at the point and place of BEGINNING. Tax ID 10-22-0521-015 418 BRANDY LANE TRACT # 3 ALL THAT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Brandy Lane at corner of land now or formerly of R. D. Leahy; thence along the line of said land now or formerly of R. D. Leahy, the same being along the Wester line of Lots Nos. 39, 40, 41, 42, 43 and 44 on the Plan of Curtis Fry, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 3, at Page 92, South 47 degrees 15 minutes East, 275.2 feet, more or less, to a concrete monument in the line of other land of M. P. Calabrese, being Tract # 2 hereinafter described; thence along the line of the said lands of Calabrese and being Parcel No. 2 herein, South 42 degrees West, 55.03 feet to an iron pin at corner of land now or late of Marlin L. Fry; thence along the line of said land now or late of Marlin L. Fry, North 47 degrees 15 minutes West, 275.72 feet, more or less, to a point in the centerline of Brandy Lane, aforesaid; thence along the centerline of Brandy Lane, North 42 degrees 45 minutes East, 55.00 feet, more or less, to a point at corner of land now or late of R. D. Leahy, aforesaid, at the point and place of BEGINNING. Tax ID #18-22-0521-007 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-2863 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff (s) From CALABRESE & SONS, INC. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,063,913.86 Interest TO 5/15/06 - $2,159.10 L.L. $.50 Atty's Comm % Atty Paid $113.14 Plaintiff Paid Date: MAY 25, 2006 (Seal) Due Prothy $1.00 Other Costs CURTIS . LONG Prothonotary By: Deputy REQUESTING PARTY: Name JACK F. REAM, ESQUIRE Address: 119 EAST MARKET STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-843-8968 Supreme Court ID No. 10241 Real Estate Sale # 81 On June 08, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 406 & 418 Brandy Lane, Mechanicsburg, more fully described on Exhibit "A" w -: filTd with this writ and by this reference incorporated herein. N Dad: June 08, 2006 By: C=n `?-` Real Es ate Sergeant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff VS. CALABRESE & SONS, INC., Defendant NO. 2006-02863 Civil Action In Confession of Judgment for Monetary Amount PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned Judgment as settled and satisfied. REAM CARR MARKEY & WOLOSHIN LLP (Formerly Kain, Brown & Roberts, LLP) Dated: C11 ( S1 0-7 By: JacTcF7.1team, Esquire Attorney ID# 10241 119 East Market Street York, PA 17401 Telephone: 717-843-8968 Fax: 717-846-6676 E-Mail: jckreamAaol.com Attorney for Plaintiff Manufacturers and Traders Trust Company ?a ??, (-z-1 ? ? ' ? "K7 ? t,?" ?' C3