Loading...
HomeMy WebLinkAbout02-2538 II FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. D:J _ ~~JP C,~~L c I~ v. DONALD E. SLlKE and ROSE M. SLlKE, Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: Principal Sum Due - Interest as of April 15, 2002 - Late Fees - Total - $ 3,061,861.45 215,231.75 19.156.83 $ 3,296,250.03 Plus all future accruing interest until paid in full, a reasonable attorneys' commission, together with costs of suit and all other amounts, fees and costs incidental to execution and levy. HENRY & BEAVER LLP (L, -h, 7)~ Prothonotary II FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. O;J. - ;;U,:?p (?L"Ut ~EJ1..1 v. DONALD E. SLIKE and ROSE M. SLIKE, Defendants COMPLAINT CONFESSION OF JUDGMENT Plaintiff files this Complaint pursuant to Pa. R.C.P. No. 2951(b) for judgment by confession and avers the following: 1. The Plaintiff is Fulton Bank, a Pennsylvania banking corporation, successor by merger to Lebanon Valley National Bank, which is headquartered at One Penn Square, Lancaster, P A 17602. 2. Defendants are Donald E. Slike and Rose M. Slike, husband and wife and adult individuals, who reside at 100 East Lauer Lane, Camp Hill, PA 17011. 3, On December 29, 1993, Plaintifflent to Defendants the sum of Four Million Nine Hundred Sixty-Six Thousand Dollars ($4,966,000.00) as evidenced by a Promissory Note signed by the Defendants, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (the "Attached Instrument"). 4. The Attached Instrument has not been assigned, 5, Judgment has not been entered on the Attached Instrument in any jurisdiction. 6. Default was made by the Defendants in the payment of the installment of Forty-One II Thousand Seven Hundred Three Dollars and Seventy-Seven Cents ($41,703.77) due on January 12, 2002, and in the payment of all subsequent installments, whereby the entire swn is in default and immediately due and payable. 7. As a consequence of the foregoing and pursuant to the Warrant of Attorney in the Attached Instrument, Defendants, Donald E, Slike and Rose M. Slike, are liable to Plaintiff as follows: Principal Swn Due - Interest as of April 15, 2002 - Late Fees - Total- $ 3,061,861.45 215,231.75 19.1 56.83 $ 3,296,250.03 Plus all future accruing interest until paid in full, a reasonable attorneys' commission, together with costs of suit and all other amounts, fees, and costs incidental to execution and levy, 8. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff demands judgment in the swn of Three Million Two Hundred Ninety-Six Thousand Two Hundred Fifty Dollars and Three Cents ($3,296,250.03) as authorized by the Warrant of Attorney appearing in the Attached Instrument. HENRY & BEAVER LLP By: H. Whitmoyer , #07038 37 Willow Street P.O. Box 1140 Lebanon, P A 1704 -1140 (717) 274-3644 Attorney for Plaintiff - 2 - II AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF LANCASTER Philip R. Jaskot, Loan Workout Officer, of Fulton Bank, being duly sworn according to law, deposes and says that he has authority to sign this Affidavit on behalf of Fulton Bank and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and that the copy of the Promissory Note, Exhibit "A" attached to the Complaint, is a true and correct copy ofthe original which is held in the files of the Plaintiff and which was executed and delivered by the Defendant to Plaintiff, FULTON BANK. fficer Sworn and subscribed to before me this 010#\ day of May, 2002. 'I II I' I lAh/11rlf ;E ~ Notary Public - tIO\llIIaI &881 P\tlllC YItftdt L f\8SII8f. ~ .......... ~sept. 8.2009 MY cQ.,......,., ~_. .~ iM<<I*....~. PROMISSORY NOTE $4,966,000.00 December -z.~, 1993 Lebanon, Pennsylvania FOR VALUE RECEIVED, the undersigned, Donald E. and Rose M. Slike, adult individuals and husband and wife (the "Borrower"), of 100 East Lauer Lane, Camp Hill, PA 17011 hereby jointly and severally promise to pay to the order of Lebanon Valley National Bank (the "Bank") at any of its banking offices the principal sum of Four Million Nine Hundred Sixty-Six Thousand Dollars ($4,966,000.00), or such principal sum outstanding under the Agreement (as later defined), together with interest on the outstanding and unpaid principal sum from the date of this Note at a rate per annum equal to one percent (1%) above the Prime Rate, the principal and interest to be paid in lawful money of the United States and in immediately available funds, by paying Forty-One Thousand Seven Hundred Three Dollars and Seventy-Seven Cents ($41,703.77) on January 12, 1994, and on the twelfth (12th) day of each month thereafter followed by a final payment on November 30, 1996, of the remaining principal sum and all accrued and unpaid interest. I ! ,i '. The monthly payment stated above represents both principal and interest. This monthly payment is based upon an interest rate of seven percent (7%) per annum and an amortization schedule of 204 months. Because the actual rate of interest upon this Loan to be accrued and paid by the Borrower is a variable rate, the Bank may reset the amount of this monthly payment of principal and interest from time to time, at its sole and absolute discretion, to account for the fluctuation of the interest rate. The amount of the monthly payment of principal and interest may also be reset by the Bank from time to time as more fully set forth in Section 2.10 of the Agreement. Each payment shall be applied first to interest with the remainder applied to the principal balance. Any change in the interest rate resulting from a change in the Prime Rate shall become effective as of the opening of business on the day on which such change in the Prime Rate shall become effective. Interest shall be paid on the dates described above, and interest shall be calculated on the basis of a year of 360 days for the actual number of days elapsed (365 or 366, as applicable). After the occurrence of an Event of Default, the Loan shall t~ereafter bear interest during the continuation of any such Event of Default at a rate per annum equal at all times to four percent (4%) per annum above the Prime Rate. The term of this Note may also be extended to November 30, 1998, if the conditions set forth in Section 2.11 of the Agreement are fulfilled. - 2 - This Note evidences a Loan the terms of which are more fully described in a Term Loan Agreement between the Borrower and the Bank dated concurrently herewith (the "Agreement"). The terms of that Agreement are incorporated by reference into this Note, and this Note is entitled to the benefits of that Agreement. The Agreement, among other things, contains provisions for the acceleration of the maturity of this Note upon the happening of certain stated events. This Note is secured by a Mortgage and other Loan Documents bearing various dates, reference to which is hereby made for a description of the Collateral provided for under the Mortgage and the other Loan Documents and the rights of the Borrower and the Bank with respect to such Collateral. All of the agreements, obligations, conditions, covenants, representations, warranties, provisions and stipulations contained in the Agreement, the Mortgage or any other Loan Documents which are to be kept and performed by the Borrower, are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein, and the Borrower covenants and agrees to keep and perform them, or cause them to be kept and performed, strictly in accordance with their terms. Upon the occurrence of any Events of Default as defined in the Agreement, the Bank may, by notice to the Borrower, declare this Note, all interest thereon, and all other amounts payable under the Agreement or this Note to be forthwith due and payable, whereupon this Note, all such interest, and all such - 3 - amounts shall become and be forthwith due and payable, without presentment, demand, or notice of any kind, all of which are expressly waived by Borrower. Upon the occurrence of an Event of Default, the Borrower hereby irrevocably authorizes and empowers any attorney of any court of record to appear for and confess judgment therein . against the Borrower for the principal sum of Four Million Nine Hundred Sixty-Six Thousand Dollars ($4,966,000.00), or any principal sum then owing, plus interest as set forth in this Note and all other sums then due pursuant to the terms of the Agreement or any of the other Loan Documents, or any of them, and for costs of suit and a reasonable attorneys' fee for collection, together with interest on any judgment obtained by the Bank at the rate of interest specified in this Note after default, including interest at that rate from and after the date of any Sheriff's or judicial sale until actual payment is made to the Bank of the full amount due the Bank, and the release of errors. If a copy hereof shall have been filed in said proceeding, it shall not be necessary to file the original as a warrant of attorney. The Borrower waives the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment shall be deemed to exhaust the power, whether or not any such exercise shall be held by a court to be invalid, voidable, or void, but the power shall continue undiminished and may be exercised from - 4 - time to time as often as Bank shall elect, until all sums payable or that may become payable by Borrower have been paid in full. This Note and the rights and obligations of the parties hereunder shall be governed by, and construed and interpreted in accordance with the domestic, internal law, but not the law of conflict of laws, of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the Borrower has executed this Note as of the date first set forth above. Signed, Sealed and Delivered in the presence of: BORROWER: "!{~;/h' F~~ ~~.~ Donald E. Slike tL~v:{ f- ~~1Q ~ /f1,~r~ Rose M. Slike - 5 - , < COMMONWEALTH OF PENNSYLVANIA COUNTY OF l3ll.UPIUN CiJJ 12 iO tJ ss. On the ~C1 day of December, 1993, before me, the undersigned authority, a Notary Public in and for said county and state, personally appeared Donald E. Slike and Rose M. Slike who acknowledged execution of this Promissory Note to be their free act and deed. witness my hand and notarial seal the day and year aforesaid. L Jus1fneA~,= .;,....;,_ CIaOOnBom ~~ , MyComrnlssbii ~~~, " ~ f'amsyivaniij' . 1995 , AssOdiiiiOn of Notaii.. () ( olQ. C' ~ i ? iQ fRtE"i ':'> ~ .... '1 -;> fi~ h ~ !~f:{ ;:-< -..- ."r a '" 'i"-f~ ~fS L.." .. r'-":: ... ....)'-n r ~ 1i.:"{".~\ -." __,ji~~ :,)~ f! ? ~) ~;5,~'ll -:) ~ ~ ..... :" \..-=.J rri , ;;.-1 '0 .$ -< - . J r -)i::":.',,; .c"""'--'" " FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA I : CIVIL ACTION - LAW I : No. ()2-.J,)3P C':o~L'7-~~ , v, DONALD E. SLIKE and ROSE M. SLIKE, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John H. Whitmoyer, of the law firm of Henry & Beaver LLP, whose address is 937 Willow Street, P.O, Box 1140, Lebanon, PA 17042-1140 as attorney for Fulton Bank, the Plaintiff in the above-captioned case. Dated: May :?.2 , 2002 I' (') C:J C) C 1'-' "n "" :x -o~i5 :~7,10 ~,-! cpt'; -~ ~:::r,~ N - r-"-' ~~, " W , C) ~) 1 c:-} ~C) v ::1::: +i ~8 -'''-' (', ;~~ t:? (:5 m )>c: --I Z w :~ =< \0 ~ i; !ill;; ; ~!!;;~l!rl II FULTON BANK, Successor by Merger to Lebanon V alley National Bank, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV AiNIA CIVIL ACTION - LAW No. 02-2538 Civil Term v. DONALD E. SLIKE and ROSE M. SLIKE, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF LEBANON I, Patricia Young, of the law firm of Henry & Beaver LLP, depose and state that I forwarded a certified true and correct copy of the attached Notice Under Rule 2958.1 of , I Judgment and Execution Thereon - Notice of Defendants' Rights by First Class United Statls Mail, Certified, Return Receipt Requested, on May ~, 2002, to Defendants, Donald E. . I I Slike and Rose M. Slike, at 100 East Lauer Lane, Camp Hill, P A 170 II. Said Notice was received by Defendants on May 25 ,2002. Attached hereto and made a part hereof is the United States Postal Service Domestic Return Receipts and Receipts for Certified Mail. Sworn and subscribed to before me this ~<jA day of May, 2002. ~..:~ (A O~ ~ ., . NOTARIAL SEAL JUDITH A. DAUBERT. NOTARY PUBUC Lebanon, Lebanon County My Commission Expires Feb. 18. 2003 II U ,5 Postal 5e CERTIFIED Ml\1l r,H,TF IPT . oVlded) (Domestic Ma" ..........j " Postage $ CertifIed Fee Return Receipt Fee rn (Endorsement Required) C C Restricted Delivery Fee C (Endorsement Required) Total Postage & Fees .. ; .( t'e 'ijj ~i.. g E "i~ >-~ j-06.9::~ Mi~ lj ~ ~~i.s..~ N'C'2 E:S III ..:i 01 ~.s 5l' j;i l!! u.. '!:!"" 1 il;~~rl1: ...Ic:....,g i~ g~~~ ~ c..q->'CG~- gE1:.s~6 ~ o~it~c(o ~ . . . ..; d Gl...... t::...... <tIO ~..... Gl ...... ..lItI ~ ..-tGl< .-I;jp.. tIl <tI ~ ~ . .-I ro:l....-I <noM 't:I<tI::d .-Iro:l <tI Q.~ t::o 00 /:l......u I j ~ -I ~II: lie 1 000 ! <'- - ~ ~ i 'ii ~ M ~~Ji~ ~ ~ i ~~ ~ J ~ 0\ co; i o I ... 15. '~ II: E " ii II: ,g j M o o o o M LI'l ...... o o o ..... ~ I ~ l'l 6, .8! : ~,g ~ ~ I i ~ ~ u- N ~ ..II r-'I CI C . I1J CI Ir Ir Postege $ Certlfled Fee IT! Retum Receipt Fee C (Endorsement Required) C Restricted Delivery Fee C (Endorsement Required) C Total Pootege & Fe.. $ IT! LI'I en! 0 r-'I Rose M. Slike ------.....--------------------.....------------___________________.___________.;.________J._______ C Street, Apt. No.; Of PO Box No. C 100 East Lauer Lane c --....--......------.-----.-----..------------.-...........--........--..-......-----....-..........-........~__...___. l'- CIIY,StSle,ZlP+Cam Hill, PA 17011: J I fli J ~ o 0 ~~ ~ 0 c..> <:) ~ .. !j I R i i.~ I I ~I~ N><-~f~ < III C , ' i I ! ~iJ[~ 511 c:.sl . <..O'!:!'l5l! Mjl rlJ! !Ii~l~ '_1'51", 0 ~ ,. ~ CBE- .9 J Isij I f= a r i l j .-!~15 ~ ~!~ lilt II i .. ..: Gl...... t::...... <110 ~..... ...... ~ GlGl< ..lItI;jp.. ..-t <tI .-I....:l ~ tIl .-I ....-1 . 1Il..-t :l:CO::d IOl Gl ~Q. <no 00 "'......u I ~ ~ 15. 'ii '~ ~II: lEd olli~ 000 f u:: ! - ~ ~ 'ii'~ 8. l!~~ ~~ ~ ~ 11 .~ , ~ j ~ DO II: c.; ori ~ o \D ...... CXl o <'oj CXl 0\ II: 0\ E 8 i : t ~ 8 ...... o o o ..... t ~ l! !l 'I ~ II ~I Z~C')I :!.@ s: :!l! ~ u-, N ff: + FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW : No. 02-2538 Civil Term v. DONALD E. SLIKE and ROSE M. SLIKE, : Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Rose M. Slike 100 East Lauer Lane Camp Hill, P A 17011 A judgment in the amount of Three Million Two Hundred Ninety-Six Thousand Tto Hundred Fifty Dollars and Three Cents ($3,296,250.03) has been entered against you and in favor of the Plaintiff 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 Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after thb date on which this notice is served on you. 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. i i i I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU rj>O i NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE I OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 (717) 766-8475 HENRY & BEAVER LLP AMERICANS WITH DISABILITIES ACT OF 1990 I The Court of Common Pleas of Cumberland County is required by law to comply with the I Americans with Disabilities Act of 1990. For information about accessible facilities and r reasonable accommodations available to disabled individuals having business before the Co rt, please contact the Court Administrator's Office at One Courthouse Square, Carlisle, P A 17013. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. i 2 FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ~ CIVIL ACTION - LAW I : No. 02-2538 Civil Term v. DONALD E. SLIKE and ROSE M. SLIKE, Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Donald E. Slike 100 East Lauer Lane Camp Hill, PA 17011 , A judgment in the amount of Three Million Two Hundred Ninety-Six Thousand TrO Hundred Fifty Dollars and Three Cents ($3,296,250.03) has been entered against you and ih favor of the Plaintiff without any prior notice or hearing based on a confession Ofjudgmenf contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after thj date on which this notice is served on you. , I You may have legal rights to defeat the judgment or to prevent your money or prop~rty 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 ~O NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THEI OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: I I Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 (717) 766-8475 HENRY &BEAVERLLP By: J H. Whitmoyer .D. #07038 937 Willow Street P.O. Box 1140 Lebanon, P A 170 2- (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and f reasonable accommodations available to disabled individuals having business before the Co rt, please contact the Court Administrator's Office at One Courthouse Square, Carlisle, P A 170 3. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. I I I , - 2 - (") c <" "'n(t,1 fTlrn 2::1:.1 Z[,~. (/) -., -< ~:; ~~f.-=.:; ';'-"c- 2.': ::2 C) I'\..) :!l: :~ ,.... ~_..I -n '-i "T; " =f~ IE " , ~q -'- II ~J ~.~~ :'::""'jTl \...-J ~::! ~'J =< ~...J I::;> "-0 :x N r Ul .' FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 02-2538 Civil Term v. DONALD E. SLIKE and ROSE M. SLIKE, : Defendants PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, Donald E. Slike and Rose M. Slike were the owners of property commonly referred to as 809 5th Street, New Cumberland, Cumberland County, Pennsylvania, which is described more specifically on Exhibit "A" attached hereto and incorporated herein, at the time ofthe entry of the above-captioned judgment; and WHEREAS, the judgment presently operates as a lien on the above-described property of Donald E. Slike and Rose M. Slike. NOW, THEREFORE, at the instance and request of Donald E. Slike and Rose M. Slike, and for adequate consideration, receipt of which is hereby acknowledged, and intending to be legally bound, Fulton Bank does for itself and its successors and assigns release the lien of the judgment only on the above.described property in order that Donald E. Slike and Rose M. Slike may transfer and convey the above-described property to Scott M, Wakefield and Heather N, Wakefield free and clear from the judgment; provided, however, that nothing herein contained : shall invalidate the lien or security of the judgment upon any other property of Donald E, Slike and Rose M. Slike in Cumberland County, Pennsylvania or elsewhere. IN WITNESS WHEREOF, I have set my hand and seal this Y/~day of July, 2003, HENRY & BEAVER LLP H, Whitmoyer .D. #07038 937 Willow Street P.O. Box 1I40 Lebanon, P A 17 42-1 (717) 274-3644 Attorney for Plaintiff 2 '. - First American Title Insurance Company Commitment Number: 03543 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract or parcel of land and premises, situate. lying and being in the Borough of New Cumberland, in the County of Cumberland. and Commonwealth of Pennsylvania. more particularly described as follows: BEGINNING at a point at the intersection of the northerly line of Fifth Street with the westerly line of poplar Avenue; thence along Fifth Street in a westerly direction 294,75 feet to a point on the easterly line of Hillside Road; thence along Hillside Road in a northerly direction 100 feet to a point; thence in an easterly direction along a line parallel with Fifth Street 294,75 feet to a point on the westerly line of Poplar Avenue; thence along poplar Avenue in a southerly direction 100 feet to a point. the place of BEGINNING, BEING part of Lot No. 18 on the Plan of Lots known as Plan No, 2 of Rosemont. said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 96, HAVING thereon erected single family brick residence known as and numbered as 809 Fifth Street, New Cumberland. Pennsylvania, BEING PART OF THE SAME PREMISES WHICH Donald E. Slike and Rose Marie Slike. Husband and Wife, by their Deed dated July 2. 1985 and recorded July 2, 1985 in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania, in Deed Book 31,1 page 745, granted and conveyed unto Donald E, Slike and Rose Marie Slike, Husband and Wife. Grantors herein, (03543/03543/36) AL T A Commitment Schedule C ~ '>>:::: '- ~, ~ '-l ~ ~J~ ;1< ~ -&; ~ ~ ~ ~ C> t~ it o c ~c ~FT" ~[ ~~:~ r>< ~~,. ~ ,,-c ::r. .Pc ;.;:~ ~9 --< Ci C.:> ;!;!: ~ G') J .c- o " .~ -t~),~' :,'::.,h'1 ';y -rJ~ .5:.ri :.5(") grn 5'5 -< tD FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW : No, 02-2538 Civil Term v. DONALD E. SLIKE and ROSE M. SLIKE, : Defendants PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, Donald E. Slike and Rose M. Slike were the owners of property commonly referred to as 424 Hillside Road, New Cumberland, Cumberland County, Pennsylvania, which is described more specifically on Exhibit "A" attached hereto and incorporated herein, at the time of the entry of the above-captioned judgment; and WHEREAS, the judgment presently operates as a lien on the above-described property of Donald E. Slike and Rose M, Slike. NOW, THEREFORE, at the instance and request of Donald E, Slike and Rose M, Slike, and for adequate consideration, receipt of which is hereby acknowledged, and intending to be legally bound, Fulton Bank does for itself and its successors and assigns release the lien of the judgment only on the above-described property in order that Donald E. Slike and Rose M. Slike may transfer and convey the above-described property to Ludmila Derk free and clear from the judgment; provided, however, that nothing herein contained shall invalidate the lien or security ofthe judgment upon any other property of Donald E. Slike and Rose M. Slike in Cumberland County, Pennsylvania or elsewhere, IN WITNESS WHEREOF, I have set my hand and seal this dAay of July, 2003. HENRY & BEAVER LLP By: H, Whitmoyer ,D. #07038 937 Willow Street P.O. Box 1140 Lebanon, P A 17042- (717) 274-3644 Attomey for Plaintiff 2 ~ ~ "- ~ "- \,j ~ ~ ~ ~ ~ () C :c.- -06/ rnrn Z:T! :z:c- (r).<,_. ~,~, L .. ).-;(".i c.. ..j -,- -. o w CI) "'1 '-U , .;::- B o -:-, :.::::l i ;-~;;1] .--J 'IT; i5:'--:::--" ',"uC 'oj 0:J ,."-"TI ,-'---T,! .')0 ~ #'(1 ...j' --.1 '> 'OJ;) -< ~ ~ r ". :B: (~l 'V< q, II .'........ '.~ FIRST AMERICAN TITLE INSURANCE CO, TWO PENN CENTER PLAZA, SUITE 1910 PHILADELPHIA, PA 19102 1J;f{o:3-003 FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CNIL ACTION - LAW v. No. 02,2538 Civil Term DONALD E. SLIKE and ROSE M. SLIKE, : Defendants PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, Donald E. SIike and Rose M, Slike were the owners of property commonly referred to as 105-107 South Sporting HilI Road, Hampden Township, Cumberland County, Pennsylvania, which is described more specifically on Exhibit "A" attached hereto and incorporated herein, at the time of the entry of the above-captioned judgment; and WHEREAS, the judgment presently operates as a lien on the above-described property of Donald E, SIike and Rose M. Slike. NOW, THEREFORE, at the instance and request of Donald E. Slike and Rose M. SIike, and for adequate consideration, receipt of which is hereby acknowledged, and intending to be legally bound, Fulton Bank does for itself and its successors and assigns release the lien of the judgment only on the above-described property in order that Donald E, SIike and Rose M. Slike may transfer and convey the above-described property to SADG-12 Associates, L.P., a Pennsylvania limited partnership, free and clear from the judgment; provided, however, that II nothing herein contained shall invalidate the lien or security of the judgment upon any other property of Donald E. Slike and Rose M. Slike in Cumberland County, Pennsylvania or elsewhere. IN WITNESS WHEREOF, I have set my hand and seal this I;:] ..ziaay of November, . 2003. HENRY & BEAVER LLP 2 PREMISES "A" ALL THAT CERTAIN tract or parcel of land, with improvements erected thereon, situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in Sporting Hill Road (L.R. 21016), said point being the following courses and distances South of the intersection of the center line of the Carlisle Pike (V,S. Route 11) and the center line of Sporting Hill Road (L.R. 21016); North 80 degrees 31 minutes West, a distance of 2.47 feet and South 4 degrees 0 minutes West, a distance of 188.41 feet; thence by lands of Mobil Oil Corporation, South 84 degrees 25 minutes 50 seconds East, a distance of 218.53 feet to a point at lands of Walter Rupp; thence by same, South 4 degrees 35 minutes West, a distance of 88.08 feet to a point at lands of Arthur Copenhaver; thence by same, North 86 degrees 54 minutes West, a distance of 76,52 feet to a point; thence by same due South a distance of 43.50 feet to a point at lands of Melvin G. Eppley; thence by same, South 89 degrees 36 minutes West, a distance of 144,50 feet to a point in Sporting Hill Road (L.R. 21016); thence by same, North 4 degrees 0 minutes East, a distance of 149,74 feet to the place of beginning. HAVING thereon erected a two-story commercial storeroom building known as and numbered 105 Sporting Hill Road. BEING Parcel #10-21-0279-056. BEING known as 105 South Sporting Hill Road, PREMISES "B" PARCEL ONE ALL THAT CERTAIN tract or parcel of land, with improvements erected thereon, situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the old center line of the State Highway leading from Trindle Road to Carlisle Pike at the Northerly line of lands now or formerly of Kenneth D, and Bernice C. Holler, said point being seventy (70) feet North of the intersection of the line oflands now or late of Arthur Copenhaver with the center line of said road; thence along said lands now or formerly of Kenneth D, and Bernice C. Holler, North eighty-nine (89) degrees East, one hundred forty-three and twenty-five one-hundredths (143.25) feet to an iron pin on line oflands now or formerly of said Arthur Copenhaver; thence along said lands now or formerly or Arthur Copenhaver in a Northerly direction seventy (70) feet to an iron pin; thence along line oflands now or formerly ofHany W. Holler and Mae 1. Holler, his wife, South eighty-nine (89) degrees West, one hundred forty-four and five- tenths (144.5) feet to an iron pin in the old center line of the State Highway aforesaid; thence along said center line, South one (01) degrees East, seventy (70) feet to the point and place of beginning.. EXHIBIT "A" Page 1 of 2 CONTAINING twenty-three one-hundredths (0,23) of an acre, according to a Survey by W, G. Rechel, R, S., dated 8/7/1953, HAVING thereon erected a dwelling being known and numbered 107 South Sporting Hill Road, Mechanicsburg, Pa, BEING Parcel #10-21-0279-057, BEING known as 107 South Sporting Hill Road. PARCEL TWO ALSO ALL THAT CERTAIN lot or tract ofland, with improvements erected thereon, being IB on a Subdivision Plan of Lots laid out by Whittock-Hartman and recorded in Plan Book Volume 48 page 69, Cumberland County Records, situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, and more particularly described as follows: BEGINNING at a point, said point being a common property comer of the Southeastern comer of land now or late of Miller and the Southwestern corner of Lot #IB, said point being referenced and located North 82 degrees 48 minutes 28 seconds East, a distance of 141.69 feet from a point in the center line of Sporting Hill Road, which point is approximately 450 feet South along the center line of Sporting Hill Road from the center line intersection of Sporting Hill Road and the Carlisle Pike (L.R, #34); thence from said point of beginning along the land now or late of Miller, land of Donald E. and Marie Slike and land of D.E.S, Associates, North 06 degrees 22 minutes 34 seconds West, a distance of 181.89 feet to a point; thence along land of D,E,S, Associates, land now or late of Ross Pizza, Inc, and Lot #IA, North 86 degrees 22 minutes 14 seconds East, a distance of 319,36 feet to a point; thence along land of Cumberland County Industrial Development Authority (The Universal Companies, Inc" equitable owner), South 03 degrees 14 minutes 44 seconds East, a distance of 182,68 feet to a point; thence along a sewer right-of-way of Cumberland County Industrial Development Authority (The Universal Companies, Inc" equitable owner), South 86 degrees 3 3 minutes 17 seconds West, a distance of 309.42 feet to a point, the point of beginning, SAID lot contains 57,272.9 square feet or 1.314 acres, BEING PARCEL #10-21-0279-052C, BEING known as 107 Rear South Sporting Hill Road, EXHIBIT "A" Page 2 of 2 r~ v.. '" o..l '" ...... ~ " 'l) () " ..-..' t? , '" , \ 19 () C'> n C 0.) ? .~rl "D n'; ....,.v r\'; , ~) -- Z _.J ,,-;:: r'-:" ;:~. N cX. I- -, ,....... -< ; ,- ~? r-r'; 0 <-- ;t:':( -D -ri ?[" :::ir: :~: (5 >c~: ":? .5 ril ,.,.':. ~~~~ --' r.....) -< ....1 :=-' -< t ~ i\ r :r ~~~ ~ .~f. 1~ II II FULTON BANK, Successor by Merger to Lebanon V alley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CNIL ACTION - LAW : No, 02-2538 Civil Term v. DONALD E. SLIKE and ROSE M. SLIKE, : Defendants PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, Donald E. Slike and Rose M, Slike were the owners of property commonly referred to as 404 Hillside Road, New Cumberland, Cumberland County, Pennsylvania, which is described more specifically on Exhibit "A" attached hereto and incorporated herein, at the time of the entry of the above-captioned judgment; and WHEREAS, the judgment presently operates as a lien on the above-described property of Donald E. Slike and Rose M. Slike. NOW, THEREFORE, at the instance and request of Donald E, Slike and Rose M. Slike, and for adequate consideration, receipt of which is hereby acknowledged, and intending to be legally bound, Fulton Bank does for itself and its successors and assigns release the lien of the judgment only on the above-described property in order that Donald E. Slike and Rose M. Slike may transfer and convey the above-described property to Sara R. Dittess free and clear from the judgment; provided, however, that nothing herein contained shall invalidate the lien or security II II of the judgment upon any other property of Donald E. Slike and Rose M, Slike in Cumberland County, Pennsylvania or elsewhere. IN WITNESS WHEREOF, I have set my hand and seal this 29th day of March, 2004. o H. Whitmoyer I . #07038 37 Willow Street P.O, Box 1140 Lebanon, P A 17042-11 (717) 274-3644 2 LEGAL DESCRIPTION File Number: 04019CAP ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, in the County of Cumberland and Commonwealth of Pennsyivania, more particularly described as follows, to wit: BEGINNING at a point at the southeastern corner of Lot No, 17 and land now or late of Gordon Willis and Clyde J, Willis, et ux" thence continuing aiong Lot No, 17, north 71 degrees 51 minutes 48 seconds east, a distance of 120,00 feet to a point; thence continuing along Hillside Road, a 50 foot right of way, south 18 degrees 08 minutes 12 seconds east, a distance of 50,00 feet to a point: thence continuing along Lot No, 19, south 71 degrees 51 minutes 48 seconds west, a distance of 120,00 feet to a point; thence continuing along iand now or formerly of Gordon Willis and Clyde J, Wiilis, et ux" north 18 degrees 08 minutes 12 seconds west, a distance of 50,00 feet to a point, the point and piace of BEGINNiNG, BEiNG part of Lot No, 18 on the Final Subdivision Pian of "New Cumberiand Homes" for Donaid E, Slike as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Pian Book 41, Page 150A. BEING known and numbered as 404 Hillside Road, New Cumberland, PA 17070, UNDER AND SUBJECT any restrictions, reservations, conditions and easements of record, BEING PART of tract number 4 on deed from Donald E. Slike and Rose Marie Slike, his wife, by deed dated and recorded July 2, 1985 in the Office of the Recorder of Deeds in and for Cumberiand County in Book 1,31, Page 745, granted and conveyed unto Donald E, Siike and Rose Marie Slike, his wife, Grantors herein, AL T A Commitment Schedule B . Section II (10/6/82) (04019CAP,PFD/040 19CAP/37) ;DR Il jk. ..... ~ l...J ..0 III ..0 JJ 1-J }..J ""-l Cit ~ ~ ~ () o r;v r- '" z~~~ ('> -.6 :-_:,'~ :::: ;"'J ill?] rn (,) l~) '" , (",n ...,., , ~... ( r...) '-0 --'- ;-;'; .. ;;.)"- 25-0t>>y- a22- I FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 02-2538 Civil Term v, DONALD E. SLIKE and ROSE M, SLIKE, : Defendants PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, Donald E. Slike and Rose M, Slike were the owners of property commonly referred to as 409 Hillside Road, New Cumberland, Cumberland County, Pennsylvania, which is described more specifically on Exhibit "A" attached hereto and incorporated herein, at the time of the entry of the above-captioned judgment; and WHEREAS, the judgment presently operates as a lien on the above-described property of Donald E, Slike and Rose M. Slike. NOW, THEREFORE, at the instance and request of Donald E. Slike and Rose M, Slike, and for adequate consideration, receipt of which is hereby acknowledged, and intending to be legally bound, Fulton Bank does for itself and its successors and assigns release the lien of the judgment only on the above-described property in order that Donald E. Slike and Rose M, Slike may transfer and convey the above-described property to Bradford V, Miller free and clear from the judgment; provided, however, that nothing herein contained shall invalidate the lien or ~ - Jt:tjoo'lCJOS/ 7 , ' II II security ofthe judgment upon any other property of Donald E. Slike and Rose M, Slike in Cumberland County, Pennsylvania or elsewhere, IN WITNESS WHEREOF, I have set my hand and seal this 31st day of March, 2004, HENRY & BEAVER LLP 2 1('t7t?~tV 57? -:3. /JIt/ b ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the southeastern corner of Lot No, 26 and Hillside Road, a 50 foot right of way; thence continuing along Lot No, 26, north 71 degrees 51 minutes 48 seconds east, a distance of 130,50 feet to a point; thence along land now or formerly of E, Miles Ludwig, et ux" south 18 degrees 12 minutes 27 seconds east, a distance of 50,00 feet to a point at the northwestern corner of Lot No, 24; thence continuing along Lot No, 24, south 71 degrees 51 minutes 48 seconds west, a distance of 130,56 feet to a point; thence continuing along Hillside Road, a 50 foot right of way, north 18 degrees 08 minutes 12 seconds west, a distance of 50,00 feet to a point, the place of BEGINNING, BEING known as Lot No, 25, on the Final Subdivision Pian of "New Cumberland Homes", for Donald E, Slike as recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 150, CONTAINING 6526,48 square feet, more or less, and being known and numbered as 409 Hillside Road, New Cumberland, PA 17070, BEING PART OF THE SAME PREMISES which Donald E, Slike and Rose Marie Slike, his wife, by deed dated July 2, 1985 and recorded Juiy 2, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 31,1, Page 745, granted and conveyed unto Donald E, Slike and Rose Marie Slike, his wife, f~ ..... v- ~\ C> t' .c. "'- ...:, ~ .. ':'\ a r r --\ { ~ --0 .'-'. (~" (-~~ '" c:~') C:;) ~ c) -,'J --I ~-". '::"".) ;;1.-;~;' :--~I ,.J , c.:-) :~r; " [0;' r"-' G--, N en co II II FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CNIL ACTION - LAW No. 02,2538 Civil Term v, DONALD E. SLIKE and ROSE M. SLIKE, : Defendants PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, Donald E. Slike and Rose M, Slike were the owners of property commonly referred to as 414 Hillside Road, New Cumberland, Cumberland County, Peunsylvania, which is described more specifically on Exhibit "A" attached hereto and incorporated herein, at the time of the entry of the above-captioned judgment; and WHEREAS, the judgment presently operates as a lien on the above-described property of Donald E, Slike and Rose M. Slike, NOW, THEREFORE, at the instance and request of Donald E, Slike and Rose M, Slike, and for adequate consideration, receipt of which is hereby acknowledged, and intending to be legally bound, Fulton Bank does for itself and its successors and assigns release the lien of the judgment only on the above-described property in order that Donald E, Slike and Rose M. Slike may transfer and convey the above-described property to Scott A. Miller free and clear from the judgment; provided, however, that nothing herein contained shall invalidate the lien or !I security of the judgment upon any other property of Donald E. Slike and Rose M, Slike in Cumberland County, Pennsylvania or elsewhere, IN WITNESS WHEREOF, I have set my hand and seal this 29th day of April, 2004, HENRY & BEAVER o H. Whitmoyer I .#07038 37 Willow Street P,O. Box 1140 Lebanon, P A 170 (717) 274-3644 2 . ': ~_.~ - _'c.,,'_::;;;:~:"'-',C;~_"~~.". ~ '. . EXHIBIT "A" ALL THAT CERTAIN tract or parcel ofland situate in the ,E~orough of New Cumberland, County of Cum':lerland, and State of Pennsylvania, being more fully descnoed as follows, to wit: BEGINNING at a point at the southeastern comer of Lot No. 12 and land now or late of Gordon Willis and Clydll L. Willis, et ux; tbencecontinuingalong bt No. 12, north 71 degrees 51 minutes 48 sect.ods east, a distance of 120.00 feet to a point; thence continuing along Hillside Road, a 50 foot right of way, south 18 degrees 08 minutes 12 seconds east, a distance of 50.00 feet to a point; f:1ence continuing along Lot No. i4, south 71 deg1"(:es 51 minutes 48 seconds west, a distance of 120.00 feet to a point; thence continuing along Land now or late of Gordon Willis and Clyc.~ J. Willis, et \IX., north 18 degrees 08 minutes 12 seconds west, a distance of . 50.00 feet to a Jloint, the point and plaCe ofBEGINNJNG, BEING Jcnown.l.S Lot No. 13 on the Finai Subdivision Plan of "Now Cumberland Homos", for Donald E. Slilw, as ~e~rdcd in the ofjice of the Recorder of Deeds io and for Cumberland ' County, Penns)'lvanla, In Plan Book l-j I ,Page 15 U . ' ~ CONTAIN!NCr 6,000.00 square feet, more or less, and being 'known and numbered as 414 Hillside Road, New Cumberland, P A 17070. __. \ " -.. J:::J ~ ~ o ~ Ci c ~ ~ ,~ V\ ~ \::) ~ -s c- .....- >r 4=:> c::r ~ ti sr, (') C $: """[".r:::' r..',!'i; .'.~- .-'.' C.l, ~t) ~~~~ ~7 ~."J -< "'" ~ ...., = = .s:- :x ~~ -< o -n ~ rn:!.1 .- --am :36 _.j,; /)-:!J ~...O f.jrn .._, '~ "0 :..,; . U1 '" :x r r II FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 02-2538 Civil Term v. DONALD E. SLIKE and ROSE M, SLIKE, : Defendants PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, Donald E. Slike and Rose M. Slike were the owners of property commonly referred to as 412 Hillside Road, New Cumberland, Cumberland County, Pennsylvania, which is described more specifically on Exhibit "A" attached hereto and incorporated herein, at the time of the entry of the above-captioned judgment; and WHEREAS, the judgment presently operates as a lien on the above-described property of Donald E. Slike and Rose M. Slike. NOW, THEREFORE, at the instance and request of Donald E, Slike and Rose M, Slike, and for adequate consideration, receipt of which is hereby acknowledged, and intending to be legally bound, Fulton Bank does for itself and its successors and assigns release the lien of the judgment only on the above-described property in order that Donald E. Slike and Rose M. Slike may transfer and convey the above-described property to Todd J, Elliot free and clear from the judgment; provided, however, that nothing herein contained shall invalidate the lien or security II of the judgment upon any other property of Donald E. Slike and Rose M. Slike in Cumberland County, Pennsylvania or elsewhere, IN WITNESS WHEREOF, I have set my hand :md seal this 20th day of May, 2004, HENRY & BEAVER LLP H. hitmoyer I . #07038 37 Willow Street PO, Box 1140 Lebanon, P A 1704 - (717) 274-3644 2 , ~ First American Title Insurance Company Commitment Number: 04215 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as foiiows: ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being more fuiiy described as foiiows, to wit; BEGINNING at a point at the southeastern corner of lot No. 13 and land now or late of Gordon Wiilis and Clyde L. Willis, et ux; thence continuing along Lot No, 13, north 71 degrees 51 minutes 48 seconds east, a distance of 120.00 feet to a point thence continuing along Hillside Road, a 50 foot right of way, south 18 degrees 08 minutes 12 seconds East, a distance of 50.00 feet to a point; thence continuing along Lot No. 15, south 71 degrees 51 minutes 48 seconds west, a distance of 120.00 feet to a point; thence continuing along Land now or late of Gordon Willis and Clyde J. Willis, et ux., north 18 degrees 08 minutes 12 seconds west, a distance of 50.06 feet to a point, the point and place of BEGINNING. BEING known as Lot No. 14 on the Final Subdivision Plan of "New Cumberland Homes", for Donald E. Slike, as recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 41, page 150. CONTAINING 6007.56 square feet, more or less, and being known and numbered as 412 Hillside Road, New Cumberland, PA 17070. . UNDER AND SUBJECT TO any restrictions, reservations, conditions and '~asements of record. BEING part of tract number 4 on deed from Donald E. Slike and Rose Marie Slike, his wife, by Deed dated July 2, 1985 and recorded July 2, 1985 in the Office of the Recorder of deeds in and for Cumberland County, Pennsylvania, in Deed Bdok 1-31, page 745 granted and conveyed unto Donald E. Slike and Rose Marie Slike, his wife, Grantors herein. AL T A Commitment Schedule C (04215/04215/34) 0 ," ~ c::> ~~ = .J:"' -0 r,') :::K ~ 1- ~ , "... -'- -n . , -: rl1;= I N -0 In :"q . , . ..,.. S1c..> - . ~;:: ~ -;:I~:~ ~~ , S~ ("'f 'Ofn (~~ \.0 I :3 ...". o' ", ':'J U1 ::<. ~ ~~ ~ ~ ~ ......... ~ '" ~ \ w ~ ,.~ o FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW : No. 02-2538 Civil Term v. DONALD E. SLlKE and ROSE M. SLlKE, : Defendants PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, Donald E. Slike and Rose M. Slike were tbe owners of six (6) parcels of improved property commonly referred to as 403 Hillside Road, 406 Hillside Road, 410 Hillside Road, 411 Hillside Road, 805 5th Street, and 807 5th Street, all in New Cumberland, Cumberland County, Pennsylvania, which are describ,:d more specifically on Exhibits "A", "B", "C", "D". "E", and "F", respectively, attached hereto and incorporated herein, at the time of tbe entry of the above-captioned judgment; and WHEREAS, tbejudgment presently operates as a lien on all oftbe six (6) above- described parcels ofreal property of Donald E. Slike and Rose M. Slike. NOW, THEREFORE, at the instance and request of Donald E. Slike and Rose M. Slike, and for adequate consideration, receipt of which is hereby acknowledged, and intending to be legally bound, Fulton Bank does for itself and its succ:essors and assigns release the lien of the judgment only on tbe six (6) above-described parcels of real property in order that Donald E. Slike and Rose M. Slike may refinance other debt secured by a first lien upon the six (6) above- described parcels and may grant a first mortgage lien to MidPenn Bank free and clear from the judgment; provided, however, that notbing herein contained shall invalidate tbe lien or security of the judgment upon any other property of Donald E. Slike and Rose M. Slike in Cumberland County, Pennsylvania or elsewhere. IN WITNESS WHEREOF, I have set my hand and seal this 9th day of Jnne, 2004. H. itmoyer . #07038 37 Willow Street P.O.lBox 1140 Lebanon, P A 1704 (717) 274-3644 2 EXHIBIT" A" Property Description: ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern right-of-way line of Hillside Road at the southeast comer of Lot No. 23 on the hereinafter mentioned Final Subdivision Plan; THENCE along the eastern line of said Lot No. 23, South 71 degrees 51 minutes 48 seconds West a distance of 130.68 feet to a point at the northeast comer of said Lot No. 23; THENCE along lands now or formerly of Clyde J. Willis, et. ux., South 18 degrees 12 minutes 27 seconds East a distance of 45.00 feet to a point at the northwest comer of Lot No. 21; THENCE along said Lot No. 21, North 69 degrees 09 minutes 2:2 seconds East a distance of 105.86 feet to a point at the southwest comer of Lot No. 21; THENCE along the northern right-of-way line of Hillside Road, North 18 degrees 08 minutes 12 seconds West a distance of 50.00 feet to a point, the point and place of beginning. CONTAINING 6,271.39 square feet, more or less. BEING Lot No. 22 on the Pinal Subdivision Plan of "New Cumberland Homes" for Donald E. Slike and N. G. Vanling by Whitlock and Hartman, P.E., R.S. dated April 20, 1982 and recorded May 20, 1982 in the Office of the Recorder of Deeds of Cumberland County in Plan Book 41, Page 150. ALSO BEING known and numbered as 403 Hillside Road, New Cumberland, Pennsylvania. BEING PART OF THE SAME PREMISES WmCH Donald E. Slike and Rose Marie Slike, his wife by deed dated July 2, 1985 and recorded July 2, 1985 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book I, Volume 31, Page 745, granted and conveyed unto Donald E. Slike and Rose Marie Slike, Insured herein EXHIBIT "B" Property Description: ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southern right-of-way line of Hillside Road at the northwest comer of Lot No. 18 on the hereinafter mentioned Pinal Subdivision Plan; THENCE along the western line of said Lot No. 18, South 71 degrees 51 minutes 48 seconds West a distance of 120.00 feet to a point at the southwest comer of said Lot No. 18; THENCE continuing along lands now or fi)rmerly of Gordon Willis and Clyde J. Willis, et. ux., North 18 degrees 08 minutes 12 seconds West a distance of 50.00 feet to a point at the southeast point of Lot No. 16; THENCE along said Lot No. 16, North 71 degrees 51 minutes 48 seconds East a distance of 120.00 feet to a point at the northeast comer of Lot No. 16; THENCE along the southern right-of-way line of Hillside Road, South 18 degrees 08 minutes 12 seconds East a distance of 50.00 feet to a point, the point and place of beginning. CONTAIl'\IING 6,000.00 square feet, more or less. BEING Lot No. 17 on the Pinal Subdivision Plan of "New Cumberland Homes" for Donald E. Slike and N. G. Vanling by Whitlock and Hartman, P.E., R.S. dated April 20, 1982 and recorded May 20, 1982 in the Office of the Recorder of Deeds of Cumberland County in Plan Book 41, Page 150. ALSO BEING known and numbered as 406 Hillside Road, New Cumberland, Pennsylvania. BEING PART OF THE SAME PREMISES WmCH Donald E. Slike and Rose Marie Slike, his wife by deed dated July 2, 1985 and recorded July 2, 1985 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book I, Volume 31, Page 745, granted and conveyed unto Donald E. Slike and Rose Marie Slike, Insured herein EXHIBIT "C" Property Description: ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southern right-of-way line of Hillside Road at the northwest comer of Lot No. 16 on the hereinafter mentioned Pinal Subdivision Plan; THENCE along the western line of said Lot No. 16, South 71 degrees 51 minutes 48 seconds West a distance of 120.00 feet to a point at the southwest comer of said Lot No. 16; THENCE along lands now or formerly of Gordon Willis and Clyde J. Willis, et. ux., North 18 degrees 08 minutes 12 seconds West a distance of 50.00 feet to a point at the southeast point of Lot No. 14; THENCE along said Lot No. 14, North 71 degrees 51 minutes 48 seconds East a distance of 120.00 feet to a point at the northeast comer of Lot No. 14; THENCE along the southem right-of-way line of Hillside Road, South 18 degrees 08 minutes 12 seconds East a distance of 50.00 feet to a point, the point and place of beginning. CONTAINING 6,000.00 square feet, more or less. BEING Lot No. 15 on the Pinal Subdivision Plan of "New Cumberland Homes" for Donald E. Slike and N. G. Vanling by Whitlock and Hartman, P.E., R.S. dated April 20, 1982 and recorded May 20, 1982 in the Office of the Recorder of Deeds of Cumberland County in Plan Book 41, Page 150. ALSO BEING known and numbered as 410 Hillside Road, New Cumberland, Pennsylvania. BEING PART OF THE SAME PREMISES WHICH Donald E. Slike and Rose Marie Slike, his wife by deed dated July 2, 1985 and recorded July 2, 1985 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book I, Volume 31, Page 745, granted and conveyed unto Donald E. Slike and Rose Marie Slike, Insured herein EXHIBIT "D" Property Description: ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern right-of-way line of Hillside Road at the southeast comer of Lot No. 27 on the hereinafter mentioned Pinal Subdivision Plan; THENCE along the eastern line of said Lot No. 27, South 71 degrees 51 minutes 48 seconds West a distance of 130.44 feet to a point at the northeast comer of said Lot No. 27; THENCE continuing along lands now or formerly of Thomas E. and Jeanne L. Hessler and lands now or formerly of E. Miles Ludwig, et. UX., South 18 degrees 12 minutes 27 seconds East a distance of 50.00 feet to a point at the northwest comer of Lot No. 25; THENCE along said Lot No. 25, North 71 degrees 51 minutes 48 seconds East a distance of 130.50 feet to a point at the southwest comer of Lot No. 25; THENCE along the northern right-of-way line of Hillside Road, North 18 degrees 08 minutes 12 seconds West a distance of 50.00 feet to a point, the point and place of beginning. CONTAINING 6,523.40 square feet, more or less. BEING Lot No. 26 on the Pinal Subdivision Plan of "New Cumberl~md Homes" for Donald E. Slike and N. G. Vanling by Whittock and Hartman, P.E., R.S. dated April 20, 1982 and recorded May 20, 1982 in the Office of the Recorder of Deeds of Cumberland County in Plan Book 41, Page 150. ALSO BEING known and numbered as 411 Hillside Road, New Cumberland, Pennsylvania. BEING PART OF THE SAME PREMISES WHICH Donald E. Slike and Rose Marie Slike, his wife by deed dated July 2, 1985 and recorded July 2, 1985 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book I, Volume 31, Page 745, granted and conveyed unto Donald E. Slike and Rose Marie SJike, Insured herein EXHIBIT "E" Property Description: ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as fol1ows: 805 Fifth Street: BEGINNING at a point on the northern right-of-way line of Fifth Street at the southeast comer of Lot No.4 on the hereinafter mentioned Final Subdivision Plan; THENCE along the eastern line of said Lot No.4, North 09 degrees 14 minutes 35 seconds East 88.89 feet to a point at the northeastern comer of Lot No.4; THENCE continuing along lands now or formerly of Doris A. Myers and lands now or formerly of Margaret J. Reed, South 80 degrees 45 minutes 25 seconds East a distance of 56.25 feet to a point at the northwest point of Lot No.2; THENCE along said Lot No.2, South 09 degrees 14 minutes 35 seconds West a distance of 88.89 feet to a point at the northern right-of-way line of Fifth Street at the southwestern comer of Lot No.2; THENCE along said right-of-way line, North 80 degrees 45 minutes 25 seconds West 56.25 feet to a point, the point and place of beginning. CONTAINING 5,000.00 square feet, more or less. BEING Lot No.3 on the Final Subdivision Plan of "New Cumberland Homes" for Donald E. Slike and N. G. Vanling by Whittock and Hartman, P.E., R.S. dated April 20, 1982 and recorded May 20, 1982 in the Office of the Recorder of Deeds of Cumberland County in Plan Book 41, Page 150. ALSO BEING known and numbered as 805 Fifth Street, New Cumberland, Pennsylvania. BEING PART OF THE SAME PREMISES WmCH Donald E. Slike and Rose Marie SJike, his wife by deed dated July 2, 1985 and recorded July 2, 1985 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book I, Volume 31, Page 745, granted and conveyed unto Donald E. SJike and Rose Marie Slike, Insured herein EXHIBIT "F" Property Description: ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern right-of-way line of Fifth Street at the southeast comer of Lot No.5 on the hereinafter mentioned Final Subdivision Plan; THENCE along the eastern line of said Lot No.5, North 18 degrees 53 minutes 28 seconds East 50.72 feet to a point; THENCE continuing along the eastern line of said Lot No.5, North 01 degrees 40 minutes 20 seconds West a distance of39.61 to a point at the northeastern point of Lot No.5; THENCE along lands now or formerly of Doris A. Myers, South 80 degrees 45 minutes 25 seconds East a distance of 59.75 feet to a point at the northwestern comer of Lot No.3; THENCE along the western line of said Lot No.3, South 09 degrees 14 minutes 35 seconds West 88.89 feet to a point at the northern right-of-way line of Fifth Street at the southwestern comer of Lot No.3; THENCE continuing along the northern right-of-way line of Fifth Street, North 80 degrees 45 minutes 25 seconds West a distance of 60.75 feet to a point, the point and place of beginning. CONTAINING 5,002.84 square feet, more or less. BEING Lot No.4 on the Final Subdivision Plan of "New Cumberland Homes" for Donald E. Slike and N. G. Vanling by Whittock and Hartman, P.E., R.S. dated April 20, 1982 and recorded May 20, 1982 in the Office of the Recorder of Deeds of Cumberland County in Plan Book 41, Page 150. ALSO BEING known and numbered as 807 Fifth Street, New Cumberland, Pennsylvania. BEING PART OF THE SAME PREMISES WHICH Donald E. Slike and Rose Marie Slike, his wife by deed dated July 2, 1985 and recorded July 2, 1985 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book I, Volume 31, Page 745, granted and conveyed unto Donald E. Slike and Rose Marie Slike, Insured herein ~ ~^ "- ~ }V o J ..J """"'6 ~ "- i:' ..J ~ ~ \ .~ ~:;: -r~. f".~ QJ{;; L_":: 2.1 ~;,-:' r-::('""l -c- '2';:(" f..,..Cl p" c: ~ ,..., "'" <::> .r <.- c::: :;,t': ::r~ ::;l: 6 o w Q, .-1 :t: ~~~ ~~, ..1....,., <;;';0 r)rn .~ J!:j -< " , FULTON BANK, Successor by Merger to Lebanon Valley National Bank, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW : No. 02-2538 Civil Term v. DONALD E. SLIKE and ROSE M. SLIKE, : Defendants PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, Donald E. Slike and Rose M. Slike were the owners of five (5) parcels of improved property commonly referred to as 98 Second Street and 100 Second Street, West Fairview Borough; 608-612 East Simpson Street, Mechanicsburg Borough; 6896 Carlisle Pike and adjacent vacant land, Sliver Spring Township; 424 North Baltimore Street, Mount Holly Springs Borough; and 300 North Earl Street, Shippensburg Township, all in Cumberland County, Pennsylvania, which are described more specifically on Exhibits "A", "B", "C", "D", and "E", respectively, attached hereto and incorporated herein, at the time of the entry of the above-captioned judgment; and WHEREAS, the judgment presently operates as a lien on all of the five (5) above- described parcels of real property of Donald E. Slike and Rose M. Slike. NOW, THEREFORE, at the instance and request of Donald E. Slike and Rose M. Slike, and for adequate consideration, receipt of which is he:reby acknowledged, and intending to be legally bound, Fulton Bank does for itself and its successors and assigns release tbe lien of tbe judgment only on tbe five (5) above-described parcels of real property in order that Donald E. Slike and Rose M. Slike may transfer and convey the above-described five (5) parcels of real property to Christopher L. Slike and Lisa A. Browning free and clear from the judgment; provided, however, that nothing herein contained shall invalidate the lien or security ofthe judgment upon any other property of Donald E. Slike and Rose M. Slike in Cumberland County, Pennsylvania or elsewhere. IN WITNESS WHEREOF, I have set my hand lmd seal tbis 29th day of June, 2004. HENRY &0 BEAVERLLP H. Whitmoyer . #07038 937 Willow Street P.O. Box 1140 Lebanon, P A 1704 (717) 274-3644 2 06/28/2004 02:51 FAX 717 761 3015 JDS&W I4J 003/008 EXHIBIT "A" 98 Seco~ Street and 100 Second street: ALL those two certain tracts or parcels of land and premi~les, situate, lying and being in the Borough of West Fairview, in the County of Cumberland and Commonwealth 01 Pennsytvania, more particularly described as follows: TRACT NO.1 On the East by Second Street, on the South by Lot No. 3l~ now or fonnerly of Mrs. Anna Smith's heirs. on the West by a 16 foot alley and 011 the North by Lot No. 40 011 Mar\(et Square, now or fonnerty of Mrs. Amanda Bashore, having a frontage on said Second street of 58 feet 3% inches and extending back an even width, 150 feet to aforesaid 16 foot alley; being known as premises 98 Second Street. Less. however, a portion of the rear of the Lot taken in 19:39 for highway purposes by the Pennsylvania Highway Department, being approximately 3 feet in depth on the North and 26 feet on the South side. . TRACT NO.2 On the North by Mar\(et Street; on the East by Main or Second Street, on the South by lot now or fonnerly of Charles Sawyer, et ux, and on the West by an alley. CONTAINING 58 feet 3 inches in front on Main or Second Street, and extending in depth 109 feet to said alley 011 the West. Being known as 100 Second Street EXCEPTING from the above-described tract 0.003 acre taken for highway widening purposes described in Miscellaneous Book 75, Page 107, as Tract No. 13. 'Beginning 30 feet east of the center line of proposed relocation; THENCE along lands of Emma Glesner, South 82 degrees 45 minutes West, 3.16 feet; THENCE along easterly side of an alley, North 7 degrees 16 minutes West 7.81 feet; THENCE along new highway South 29 degrees, 17 minutes East, 8.43 feet to BEGINNING. BEING the same premises which Tam.'ira J. Slike and Andrew E. Slike, her husband. by their deed dated September 20, 1983 and recorded 011 September 21, 1983, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book. J. Volume 30. Page 708. granted and conveyed unto Donald E. Slike and Rose Marie Sli~:e. his wife. . 06/28/2004 02:51 FAX 717 761 3015 JDS&W ~ 004/008 EXHIBIT "B" 808-612 East SlmDson Street: ALL that certain tract or parcel of land and premises, l;ituate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Cc:rnmonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the legal right of way line of Ealit Simpson Street, at northwest comer of other land noN or foonerly of Wilbur H. Fought, at al; THENCE extending along the right of way line of East Simpson Street, North 65 degrees 11 minutes East 81.66 feet to the point of intersectlon of said right of way line of East Simpson Slreet, with the right of way line, extended, of a proposed street to be known as Apple Drive; THE:NCE extending along the right of way line of said Apple Drive, South 24 degrees 46 minutel. East, 119.72 feet to a point; THENCE by the same In a southeasterly direction, by the arc of a circle curving to the left, said circle having a radius of 132 feet, the arc distance of 61.10 feet to a point; THENCE extending along the line of other lands now or formerly of Wilbur H. Fought, et ai, of which this was a part, South 66 degrees 06 minutes West, 98.55 feet to a point marked by an Iron pin in the southeast corner of other lands of Wilbur H. Fought, et ux, aforementioned; THENCE extending along the line of said other land now or fon'nerly of Wilbur H. Fought, at w(, North 23 degrees 48 minutes West, a distance of 177.13 feet to a point at the southern right of way line of East Simpson Street, the point and place of BEGINNING. BEING premises known as 608-612 East Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which Handy Markets, Inc., a Pennsylvania corporation, by its deed dated september 30, 1988, and recorded October 3, 1988, in the Office of the Recorder of Deeds in and for Cumberland County in Deed IElook p, Voiume 33, Page 79, granted and conveyed unto Donald E. Slike and Rose Marie Slik.e, his wife. 06/28/2004 02:52 FAX 717 761 3015 JDS&W ~005/008 EXHIBIT "C" 8898 Carlisle Pike and Adlacent Vacant Land: TRACT NO. 1: ALL that certain tract of land situate in the Township of Silver Spring, County of Cumberland, and Commonwealth of Pennsylvania, more particuharly bounded and described as follows, to Wit: BEGINNING at an iron pin in the southerly limit of the rig'ht-of-way line of U.S. Route 11 westbound (LR. 34 westbound); THENCE by lands now or fOIT1lE'rIy of Farmers Trust Company, South 19 degrees 58 minutes East, 312.87 feet to an iron pin in ti,e line of lands now or formerly of Thomas C. Sunday and Sherry! A. Sunday; THENCE by lands of the same, SOUth 72 degrees 28 minutes 15 seconds West, 365.26 feet to a pin in the line of lands now or formerly of Richard W. Snyder; THENCE by lands of same and lands now "1' formerly of E.U.B. Church of New Kingstown and lands now or formerly of Marian Feoicle, North 23 degrees 00 minutes West, 391.52 feet to an iron pin in the southtlrly limit of the right-of-way line of U.S. Route 11 westbound (L.R. 34 westbound); THENCE by same in an easl1erly direction by a curve to the right .having a radius of 2,784.79 feel, an arc distance of 338.88 feet to a point in said right-of- way; THENCE by same, North 86 degrees 39 minutes 20 seconds East, 58.28 feet to the place of BEGINNING. BEING Lot No. 2 of the hereinafter mentioned plan of 10llL THE AFOREMENTlONED description is made in accordance With the survey made by John C. Brllhart, Registered SUrveyor, dated June 8,1983. and revised August 24,1983. Said survey is recorded In Cumberland County Plan Book 44, Page 111. TOGETHER With a 15-foot wide right-of-way located along the eastem boundary of other land of Thomas C. Sunday and Sherry! A. Sunday, husbiand and wife (of which the tract herein conveyed was once a part), for public sewer, water and gas lines: The construction for and maintenance of such lines shall be the responsibility of the Grantee herein. TRACT NO.2: ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center cof the Public Road extending northward from the Slate Highway, formerly known as Harrisburg, Carlisle and Chambersburg Turnpike. 10 the Conodoguinet Creek, at comer of lands now or formerly of Lloyd A. Bender and Alice H. Bender, his wife, said point being 91 feet northward from the northeast intersection of a 14-fool wide alley with the aforementioned public road; THENCE alorlQ lands now or formerly of said lloYd A. Bender and Alice H. Bender, his wife, North 67 Yo degrees, East 168 teet 10 line of lands now or formerly of Charles W. Sunday; THENCE along line of k!nds now or formerly of said Charles W. Sunday, North 22 Y. degrees West, 582.2 feet to a po6l; THENCE by line at right angles to the Public Roed aforementioned, South 67 Y. degrees Wesl, 168 feet to an Iron 06/.28/2004 02: 52 FAX 717 761 3015 JDS&W 141 006/008 pin in the center line of said Public Road, South 22 Yo degrees East, 580.3 feet to a point, the place of BEGINNING. EXCEPllNG, nevertheless, from Tract No. 2 above del;cribed, the public and private rights in the roadbed of Notth Locust Point Road and the public and private rights in the roadbed of u.s. Route 11 West, as granted by instrument-dated March 116, 1967. and recorded May 1. 1967 in Cumberland County Miscellaneous Book 177, Page 366. EXCEP11NG further from the above-described Tract No.2 all the land lying North of the centerline of the westbound section of U.S. Route 11, which was conveyed by David S. Johnson and wife, to Robert E. Deihl and wife, by deed dated October 18,1985, and recorded November 18, 1985, in Cumberland COunty Deed Book P, Volume 31, Page,236. BEING the same premises which GBBG Associates, a Pennsylvan'ia partnership, by its deed dated April 30, 1987, and recorded May 1, 1987. in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book Q, Volume 32, Page 95. granted and conveyed unto Donald E. Slike and Rose Marie Slike, his wife. . 06/28/2004 02:52 FAX 717 761 3015 JDS&W IaJ 007/008 EXHIBIT "D" 424 North Baltimore SCn!llt:: ALL that certain tract or parcel of land and premises, l>ituate, lying and being in the Borough of Mount Holly Springs, in the County of Cumbel1and, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in North Baltimore Avenue; THE~ICE by land now or formerly of Freeman Harry, North 81 degrees 25 minutes East, 172 feet, more or less, to a point on the Westem side of a proposed alley 16 feet wide; THENCE by the Western side of said alley, SOuth 01 degree East, 147 feet, more or less, to a point in Mill Street; THENCE in said Street, South 87 degrees 20 minutes West 150 feet, more or less, to a point; THENCE by the same on a curve to the right, a distance of 35 feet, mc)l'e or less. to a pllint in North Baltimore Avenue; THENCE in said Avenue, North 01 degree West, 99 feet, more or less, to the place of BEGINNING. BEING the same premises which Handy Markets, Inc., a Pennsylvania corporation, by its deed dated September 21, 1983 and recorded on Septemb<8r 21, 1983 in the Office of the Recorder of Deeds in and for Cumberiand County in Deed Elook J. Volume 30, Page 703. granted and conveyed unto Donald E. Slike and Rose Marie Sllke, his wife. . 06/~8/2004 02:53 FAX 717 761 3015 JDS&W ~ 008/008 EXHIBIT "E" 300 North Earl street: ALL that certain tract or parcel of land and premises, llituate, lying and being in the Township of Shlppensburg, In the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: . BEGINNING at a point in the right-of-way of Middle Spring Road, at line of property now or formerty of Margaret J. Kelley; THENCE through Middle Spring Road, South 65 degrees 18 minutes 12 seconds East, a distance of 185.05 feet to a point in North Earl Street; THENCE through North Earl Street, South 07 degrees 50 minutes 24 seoonds East, a distance of 99.00 feet to a point in North Earl Street; THENCE continuing through INorth Earl Street, by a curve to the right, having a radius of 954.93 feet, a lineal distance of 37.2'9 feet to a point In the center of the abandoned right-of-way of the Baltimore and Cumberland V,alley Extension Company (also known as the Western Maryland Railroad); THENCE along thE! center line of the abandoned right-of-way aforesaid, along line of land now or fonnerly of Hoffman Mills, Inc., North 72 degrees 44 minutes 02 seconds West, a distance of 270.43 feet to a point at line of land now or fonnerlyof Margaret J. Kelley; THENCE along land now or fOlJTlltrly of Margaret J. Kelley, North 26 degrees 17 minutes 04 seconds East, a distance of 145.38 feet to a point, the place of BEGINNING. SAID DESCRIPTION is in accordance with a survey of Mt One Consultants for Donald E. Slike and Rose Marie Slike, his wife, dated February 3, 19910. This survey is attached to a Boundary Location Agreement between the Slikes and Hoffrru!n Mills, Inc., dated March 20, 1990, and recorded May 21, 1990 in the Recorder of Deeds Office of Cumberland County, Pennsylvania, In Miscellaneous Book 380, Page 881. . SUBJECT to a 1G-foot wide sewer line easement to Cumberland-Franklin Joint Municipal Authority recorcted in Deed Book Q, Volume 27, Page 419. THIS PROPERTY is subject to the rights of the public in that portion of the description within the right-of-way of.both Middle Spring Road and North Earl Street. BEING the same premises which Donald E. Sllke and Rose Marie SlIke, his wtfe, by their deed dated October 15, 1990, and recorded October 26, 11~90 in the Office of the Recorder of Deeds in and for Cumberland County, in D9ed Book V, Volume 34, Page 596, granted and conveyed unto Donald E. Slike and Rose Marie Silke, his wife. (J (") "'" >i<;;l = 0 70 c ."" 'TI '" .l0 ~~" ~ tf. ""('it, (- 5!.." f.k. q:t;'1 c:: D :S;- ,;?~; r- mr= ~2l~ 1'-> -om Q :oX \.0 8, ..... ...... "'t K " :'T'I " ;;'';:0 "" (5:-n p! ~Cl :z 7'0 W 6""- ,J> ." i:5'r1 C ~ .,,- );! -- ~ :J...i ..... m -< ~ -1 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FULTON BANK, NO: 2002-2538 v. DONALD E. SLlKE and ROSE M. SLlKE, Defendants PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please kindly mark the docket and Judgment in this matter satisfied in full. FULTON BANK, PLAINTIFF Date: 11/15/06 F:\HOME\BJW\DOCS\SLIKE\PRAESET A.WPD \ [',) o -0 :.:.:: N ;d !::~ :~