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HomeMy WebLinkAbout02-3474IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY d/b/a M&T BANK, successor by merger to KEYSTONE FINANCIAL BANK f/k/a FINANCIAL TRUST COMPANY, Plaintiff, VS. DEER RUN APPALACHIAN CAMP GROUND, LLC, Defendant. ) ) NO. C)~ ~3q7c/ ) ) ) ) ) ) ) ) ) ) CONFESSION OF ) JUDGMENT ~ERTIFICATE OF ADDRESSES Plaintiff, Manufacturers and Traders Trust Company d/b/a M&T Bank, is a New York banking corporation with offices located at 601 Dresher Road, Horsham, Pennsylvania 19044. Defendant, Deer Run Appalachian Camp Ground, LLC is a limited liability company existing and organized under the laws of the Commonwealth of Pennsylvania with a last known mailing address of P.O. Box 534, Unionville, Pennsylvania 19375. I certify that the above facts are true and correct and that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4094, relating to unsworn falsification to authorities. SOMACH & WESTER Denise L. Wester, Esquire Attorney I.D. No. 58921 Attorney for Plaintiff 1132 Hamilton Street Suite 201 Allentown, PA 18101 (610) 432-2244 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY d/b/a M&T BANK, successor by merger to KEYSTONE FINANCIAL BANK f/k/a FINANCIAL TRUST COMPANY, Plaintiff, I VS. DEER RUN APPALACHIAN CAMP GROUND, LLC, Defendant. ) ) NO. ) ) ) ) ) ) ) ) ) ) CONFESSION OF ) JUDGMENT PLAINTIFF'S AFFIDAVIT/AVERMENT CONFESSION OF JUDGMENT FOR MONEY - ( XX ) Pursuant to Pa. R.C.P. No. 295 l(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. 297(a)(1), I certify that this judgment is not being entered against a natural person in connection with a residential lease. DATE: V- I,.5'- Ooq, SOMACH & WESTER Denise L. Wester, Esquire Attorney for Plaintiff Attorney I.D. No. 58921 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 ************************ The above certification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to tmswom falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY dgo/a M&T BANK, successor by merger to KEYSTONE FINANCIAL BANK f/k/a FINANCIAL TRUST COMPANY, Plaintiff, VS. DEER RUN APPALACHIAN CAMP GROUND, LLC, Defendant. ) ) NO. ) ) ) ) ) ) ) ) CONFESSION OF ) JUDGMENT NOTICE OF FILING JUDGMENT (XX) Notice is hereby given that a Judgment By Confession in the above-captioned matter has been entered against you in the amount of $227,894.26 on ~ ~.~-..__., 2002. (XX) A copy of all documents filed with the Clerk of Courts - Civil Division in support of the within judgment is/are enclosed. Prothonotary/C,~, Civil Div. If you have any q stions regarding this Notice, please contact the fili~ng~.. Denise L. Wester, Esquire Somach & Wester 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 (This Notice is given in accordance with Pa. R.C.P. 236.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY d/b/a M&T BANK, successor by merger to KEYSTONE FINANCIAL BANK f/k/a FINANCIAL TRUST COMPANY, Plaintiff, VS. DEER RUN APPALACHIAN CAMP GROUND, LLC, Defendant. ) ) NO. ) ) ) ) ) ) ) ) ) ) CONFESSION OF ) JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority of the Warrant of Attorney contained in the Note, a copy of which is attached to the Complaint filed in this action, I appear for Defendant, Deer Run Appalachian Camp Ground, LLC, and confess judgment in favor of Plaintiff, Manufacturers and Traders Trust Company d/b/a M&T Bank, successor by merger to Keystone Financial Trust f/k/a Financial Trust Company, and against Defendant, as follows: Unpaid Principal Interest Late Charges Attorney's Collection Fee Pursuant to the Note (10%) $203,401.17 1,639.03 2,350.04 20 504.02 TOTAL $227,894.26 plus costs of this suit, continuing interest accruing at the rote of $37.26 per diem, late charges equal to 5% for each payment received 15 or more days past the payment due date, arising subsequent to June 27, 2002. SOMACH & WESTER Denise L. Wester, Esquire Attomey I.D. No. 58921 Attorney for Plaintiff 1132 Hamilton Street Suite 201 Allentown, PA 18101 (610) 432-2244 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST COMPANy d/b/a M&T BANK, successor by merger to KEYSTONE FINANCIAL BANK f/k/a FINANCIAL TRUST COMPANy, VS. Plaintiff, DEER RUN APPALACHIAN CAMP GROUND, LLC, Defendant. ) ) NO. _3q7c( ) ) ) ) ) ) ) ) ) ) CONFESSION OF ) JUDGMENT COMPLAINT Plaintiff, Manufacturers and Traders Trust Company d/b/a M&T Bank, successor by merger to Keystone Financial Bank f/k/a Financial Trust Company, through its attorneys, Somach & Wester, files this Complaint pursuant to Pa. R.C.P. 2951(b) for judgment by confession and avers the following: 1. Plaintiff, Manufacturers and Traders Trust Company d/b/a M&T Bank, is a New York banking corporation with offices located at 601 Dresher Road, Horsham, Pennsylvania 19044-2203, and is the successor by merger to Keystone Financial Trust f/k/a Financial Trust Company. 2. Defendant, Deer Run Appalachian Camp Ground LLC is a limited liability company existing and organized under the laws of the Commonwealth of Pennsylvania with a last known mailing address of P.O. Box 534, Unionville, Pennsylvania 19375. 3. On or about January 7, 1998, Defendant executed a Promissory Note (hereinafter "Note") in favor of Plaintiff in the amount of $230,000.00. A tree and correct copy of said Note is attached hereto and incorporated herein by reference as Exhibit "A." 4. The attached Note has not been assigned. 5. Judgment has not been entered on the attached Note in any jurisdiction. 6. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 7. Defendant defaulted by falling to pay principal and interest due and owing for the month of June 2002, whereby the entire sum is in default and immediately due and payable. 8. As a consequence of the foregoing, Defendant is liable to Plaintiff as of June 27, 2002, as follows: Unpaid Principal Interest Late Charges Attorney's Collection Fee Pursuant to the Note (10%) $203,401.17 1,639.03 2,350.04 20,504.02 TOTAL $227,894.26 WHEREFORE, Plaintiff, Manufacturers and Traders Trust Company d/b/a M&T Bank, demands judgment in its favor and against Defendant, Deer Run Appalachian Camp Ground, LLC, in the sum of $227,894.26 as authorized by the Warrant appearing in the attached Note, plus costs of this suit, continuing interest accruing at the rate of $37.26 per diem and late charges of 5% for each payment received 15 or more days past the payment due date, arising subsequent to June 27, 2002. Respectfully submitted, SOMACH & WESTER Denise L. Wester, Esquire Attorney for Plaintiff Attorney I.D. No. 58921 1132 Hamilton Street Suite 201 Allentown, PA 18101 (610) 432-2244 VERIFICATION I verify that I, Joseph E. Warner, III, am a Vice President of Manufacturers and Traders Trust Company d/b/a M&T Bank, that I make this verification on its behalf being authorized to do so; and that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. DATE: Joseph E! W~ma~r, III J - / Vice President M&T Bank PROMISSORY NOTE Principal Amount: $230,000.00 Initial Rate: 9.500% Date of Note: January 7, 1998 PROMISE TO PAY. Deer Run Appalachian Camp Ground LLC ("Borrower") promiaes to pay to Financial Trust Company ("Lender"), or order, in lawful money of the United States of America, the principal amount of Two Hundred Thirty Thousand & 00110o Dollars ($'230,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 9 consecutive monthly interest payments, beginning Februa~/ 7, 1990, with Interest calculated on the unpaid principal balances at an Intaroat rate of 0.~o0% per annum; 38 consecutive monthly principal and interest payments of $2,410.o0 each, beginning November 7, 1~J0, wfth interest calculated on the unpaid principal balances at an Interest rate of 9.500% per annum; 143 consecutive monthly prteclpal and Interest payments In the initial amount of $2,409.73 each, beginning November 7, 2OOl, with interest calculated on the unpaid principal balances at an interest rate of 3.373 percentage points over the Index described below; end 1 principal and Intare~t payment in the isttlst amount of $2,41o.04 on October 7, 2o13, with Interest calculated on the unpaid principal balances at an Interest rate of 3.373 percentage paints over the Index described below. This estimated final payment is besed on the '__'~-~__'mptlon that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together w~th any other unpaid amounts under this Note, Borrower will pay Lender at Lender's address shown above or at such other piece as Lender may designate in wdting. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unl~aid interest, then to principal, and any remaining amount to any unpaid collsction costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Weekly Average Yield on United States Treasury Securities, Adjusted to a Constant Matudly of Three (3) Years (the ";ndex"). The Index is not necessarily the lowest rate charged by Lender on its loons. Jf the Index becomes unaveitsb[e during the term cf this icon, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current index rate upon Sorrower's request. Borrower understands that Lender may make Icons based on other rates as well. The interest rate change will not occur more often than each THREE YEARS. The Index currently is 6.000% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates sat forth above In the "Payment" asctlon. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, st its option, may do one or more of the following: (a) increase Borrower's payments te ensure Borrower's loan will pay off by its original final matudly date, (bi increase Borrower's payments to cover accruing interest, (c) increase the number of Borrower's payments, and (d) continue Borrower's payments et the same amount and increase Sorrower's final payment. PREPAYMENT; MINIMUM INTEREST CHARGE. in any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum Interest charge of $10.00. Other than Borrower's obligation to pay any minimum interest charge, Borrower may pay without penalty all or · portion of the amount owed eerier than it is due. Early payments witi not, unless agreed to by Lender in writing, relieve Sorrower of Borrower's obligation to continue to rnske payments 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 late, Borrower will be charged 5.000% of the regularly scheduled payment. DEFAI-[.T. Borrower will be in default if any of the foltewing happens: (a) Borrower fails to make any payment when due. (bi Borrower breaks any promise Borrower has mede 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 any 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, sscurily agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any cf S~rrower's property or Borrower's ability to repay this Note or perform Borrower's 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 matedal respect,either now or at the time made or furnished. (e) Sorrower dissolves (regardless of whether election to continue is mede), any member withdraws from Sorrower, any member dies, or any of the members or Borrower becomes insolvent, a receiver is appointed for any pert of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (fi Any creditor tdes to take any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrower's accounts with Lender. (g) Any guarantor dies or any of the other events'described in this default section occurs with respect to any guarantor of this Note. (hi A matehal adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the indebtedness is impaired. (ii Lender in good faith deems itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will Day that amount. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's afforneys' fees and Lender's legal expenses whsther or not there ts a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, if not prohibited by applicable law, Borrower aisc will pay any court costs, in addition tc ail other sums provided by law. [f judgmentls entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. This Note has been delivered to Lender and accepted by Lender In the Comreonweelth of Pennsylvania. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania. This Note shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a contractual possessory security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and ts, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitstion all accounts held jointly with someone else and all accounts Sorrower may open in the future, excluding however all IRA end Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to o -;o?- sgs PROMISSORY NOTE (Continued) Page 2 the extent 13ermitted by applicable law, [o charge or seloff all sums owing on this Note against any and all such accounts. COLLATERAL. This Note is secured by, in addition to any other collateral, a Moi~gage dated Jan[zap/7, 1998, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. LINE OF CREDIT. This Note evidences a straight line of credit. Once the toter amount of principal hies been advanced, Borrower is ncr entitled to further Ioen advances. Sorrower agrees to be liabJe for all sums either: (a) advanced in accorciance with the instructions of an authodsed person or (b) credited to any of Borrower's accounts with Lender. The unpaid pdncipel balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Sorrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly s~.ted in wdting, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shal] be released from liability. Air such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateraJ; or impair, fail to realize upon or perfect Lender's secudty interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. Alt such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. SORROWER HERESY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY A3-1'ORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR SORROWER AFTER A DEFAULT UNDER THIS NOTE, AND WiTH OR WITHOUT COMPLAINT FrLED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST SORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED iNTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RF-LATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN A'~'ORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT rN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORFi-Y GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST SORROWER SHALL NOT SE EXHAUSTED BY ANY E~XERClSE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TiME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. SORROWER 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/OR 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 BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED SY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. SORROWER 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: Deer Run Appalachian Camp Ground LLC ay: ...... ) Timothy Scoff McDonald, Member ~ff'r~pettlt, Memb~ Harr~ T. Edmu~/~on, Member LASER PRO, Reg. U,S. Pat. & T.M, Off., Var. 3.24 (c) 1998 CFI Pr~3Services, Inc. All rights reserved. [PA~D20 DEER.LN C3.OVL] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY d/b/a M&T BANK, successor by merger to KEYSTONE FINANCIAL BANK f/k/a FINANCIAL TRUST COMPANY, Plaintiff VS. DEER RUN APPALACHIAN CAMP GROUND, LLC, Defendant NO. 02-3474 CIVIL TERM CONFESSION OF JUDGMENT AFFIDAVIT OF SERVICE I, DENISE L. W'ESTER, Esquire, attorney for Plaintiff, state that I sent by certified marl, return receipt requested, the Notice of Filing Judgment, Confession of Judgment, Complaint, Plaintiff's Affidavit and Certificate of Addresses, in the above-captioned action to the following: 1. Defendant, Deer Run Appalachian, at 111 Sheet Iron Roof Road, Gardners, PA 17324, on August 5, 2002, and that said Defendant did receive same on August 8, 2002, as evidenced by the return receipt attached as Exhibit "A". I verify that the statements made in this Affidavit of Service are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. SOMACH & WESTER DENISE L. WESTER, ESQUIRE Attorney I.D. No. 58921 Attorney for Plaintiff 1132 Hamilton St., Suite 201 Allentown, PA 18101 (610) 432-2244 Complete items 1, 2, and 3. Also complete item 4 if Restri~ed Dellve~ is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permit~. 1. Articte Addressed to: Deer Run Appel achi an Callp Gr'ould, LLC 111 Sheet IF,~ I~oof Road Gan:hers, PA 17324 D. is (jailvery addms~ different flbm item 17 If YES, enter daiive~ sddrees below: [] No 3. Service Type ~"Ceftifled Mall . [] Express Mail [] Registered [] Return Rece~ for Meroh~xllee [] Insured Mail [] C.O.D.., 4. Re~dcted Delivery? (Extra Fee) , q Ym 2. Article Number 7000 0600 (]023 6667 ~33 PS Form 3811, August 2001 Domestic Return Receipt 1025954)1'M'--~ EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY d/b/a M&T BANK, successor by merger to KEYSTONE FINANCIAL BANK tTk/a FINANCIAL TRUST COMPANY, Plaintiff VS. DEER RUN APPALACHIAN CAMP GROUND, LLC, Defendant ) ) NO. 02-3474 CIVIL TERM ) ) ) cz ) ) CONFESSION OF ~© ) JUDGMENT ~ ) AFFIDAVIT OF SERVICE I, DENISE L. WESTER, Esquire, attorney for Plaintiff, state that I sent by certified marl, return receipt requested, a Notice Under Rule 2958.1 of Judgment and Execution Thereon in the above-captioned action to the following: 1. Defendant, Deer Run Appalachian, at 111 Sheet Iron Roof Road, Gardners, PA 17324, on August 5, 2002, and that said Defendant did receive same on August 8, 2002, as evidenced by the return receipt attached as Exhibit "A". I verify that the statements made in this Affidavit of Service are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. SOMACH & WESTER DENISE L. WESTERn, ESQ'OIRE Attorney I.D. No. 58921 Attorney for Plaintiff 1132 Hamilton St., Suite 201 Allentown, PA 18101 (610) 432-2244 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delive~ is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: YES, enter delivery address below: [] No 3..Se~ic® Type ~rCe~tifled Mail [] Registered [] insured Mail [] Express Mell [] Return Receipt for ~ [] C.O.O. 4. Restricted Delivery? {Extra Fee) [] Yes 2. ~ticle Number 7000 0600 00~3 6667 8940 O~tnsfer from ~r~Jce lebel) ~F~ 11,~1 ~~ EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST ) COMPANY d/b/a M&T BANK successor by ) merger to KEYSTONE FINANCIAL BANK, N.A., ) f/k/a FINANCIAL TRUST COMPANY, ) ) Plaintiff VSo DEER RUN APPALACHIAN CAMP GROUND, LLC, Defendant ) ) ) ) ) ) ) NO. 02-3474 CIVIL TERM CONFESSION OF JUDGMENT AFFIDAVIT OF MAILING I, DENISE L. WESTER, Esquire, attorney for Plaintiff, state that, on January 2, 2003, I sent Notices of Sheriffs Sale of Real Property in the above-captioned action to the following: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Judy A. Campbell, Tax Collector 6 Hope Drive P.O. Box 300 Boiling Springs, PA 17007-0300 Cumberland County Domestic Relations and Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 as evidenced by the Certificate of Mailing attached as Exhibit "A." I verify that the statements made in this Affidavit of Mailing are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. SOMACH & WESTER DENISE L. WESTER, ESQUIRE Attorney I.D. No. 58921 Attorney for Plaintiff 1132 Hamilton St., Suite 201 Allentown, PA 18101 (610) 432-2244 For Accountable Mail IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY d/b/a M&T BANK, successor by merger to KEYSTONE FINANCIAL BANK f/k/a FINANCIAL TRUST COMPANY, Plaintiff, VS. DEER RUN APPALACHIAN CAMP GROUND, LLC, Defendant. ) ) NO. 02-3474 CIVIL TERM ) ) ) ) ) ) ) ) CONFESSION OF ) JUDGMENT ) ) ASSIGNMENT OF JUDGMENT TO THE PROTHONOTARY: Please enter on the docket of the within matter that the Judgment entered by Plaintiff against Defendant on July 22, 2002 in the amount of $227,894.26 plus continuing interest, late charges, and costs, at the above Term No., has been assigned by Plaintiff to Wallace and Crone, LLC with an address of 2191 George Street, Dover, PA 17315. SOMACH & WESTER Denise L. Wester, Esquire Attorney lid No. 58921 Attorneys for Plaintiff, Manufacturers and Traders Trust Company d/b/a M&T Bank 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 MANUFACTURERS AND TRADERS TRUST COMPANY, d/b/a M&T BANK, Successor by merger to KEYSTONE FINANCIAL BANK, N.A., f/k/a FINANCIAL TRUST, Plaintiff Vo DEER RUN APPALACHIAN CAMPGROUND, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERI~ND COUNTY, PENNSYLVANIA WRIT NO. 2002-3474 CIVIL TERM CIVIL ACTION - LAW WHISLER'S WELL DRILLING'S EXCEPTIONS TO THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF REAL PROPERTY PURSUANT TO Pa. R.C.P. 3136 AND NOW, this 14th day of April, 2003, comes Whisler's Well Drilling, by and through its attorneys, ABOM & KUTULAKIS, L.L.P., and files its Exceptions to the Distribution of Proceeds from the Sale of Real Property pursuant to Pa. R.C.P. 3136, and in support thereof avers as follows: 1. On or about March 5, 2003, the office of the Sheriff of Cumberland County, Pennsylvania, conducted the sale of property located at 111 Sheet Iron Roof Road, Gardners, Cumberland County, Pennsylvania (hereinafter, "the property"), in enforcement of Judgment entered in the above captioned matter. 2. Defendants owe Whisler's Well Drilling $13,108.74 for certain work, labor, equipment and materials related to the drilling and !installation of a commercial well on Defendant's property, which said amount represents unpaid charges dating back to August 26, 2002, together with compounded annual interest, for which said amount Whisler's Well Drilling has a Mechanic's Lien Claim against the property. 3. The schedule of distribution of proceeds of the sale of property, which was filed by the Sheriff on or about April 4, 2003, fails to account for the $13,108.74 Mechanics Lien Claim, which Whisl.er's Well Drilling has against the property. 4. Whisler's Well Drilling is entitled to participate as a creditor in the distribution of proceeds from the sale of the property in order to satisfy all or part of the Mechanics Lien Claim, which Whisler's Well Drilling has against the property. WHEREFORE, Whisler's Well Drilling as party and[ interest, respectfully requests This Honorable Court to enter an Order pursuant to Pa. R.C.P. 3136 directing the Sheriff of Cumberland County to amend the schedule of distribution of proceeds from the sale of Deer Run Appalachian Campground, LLC, 111 Sheet Iron Roof Road, Gardners, Cumberland County, Pennsylvania, in order to payoff the Mechanics Lien Claim of $13, 108.74. Respectfully submitted, ABOM & KUTVLat~S, L.L.P 8~sroau~W'HH;ngffoveerrtY~ ~EeSeqt,~ te '204~ Carlisle, Pennsylvania 17013 (717) 249-0900 ID #86914 VERIFICATION I, Kara W. Haggerty, Esquire, verify that the statements made in the foregoing Exceptions are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unswom falsification to authorities. Respectfully submitted, ABOM & KUTULAKIS, L.L.P Carlisle, Pennsylva~fia 17013 (717) 249-0900 ID ~86914 CERTIFICATE OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Exceptions upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, addressed as follows: Denise L. Westet, Esquire 1132 Hamilton St., Suite 201 Allentown, PA 15101 Deer Run Appalacldam C~pg~o~d, LLC 111 Sheet Iron Rood Road Gardnem, PA 17324 Laurence Himes, Esquire 129 E. Market Street York, PA 17401 ShetitPs Department Cumberland Coun~ Courthouse One Courthouse Square Carh'sle, PA 17013 Respectfully submitted, ABOM & KUTULAKIS~ L.L.P DATE Kara W. Haggerty, ~.~e (~ 8 South Hanover Street, Suite 204 Carlisle, Pennsylv:mia 17013 (717) 249-0900 ID #86914 WHISLER'S WELL DRILLING, Plaintiff/Respondent VS. WILLIAM CHRISTINE, HARRY T. EDMUNDSON, TIMOTHY SCOTT MCDONALD, JEFFREY L. PETTIT, and DEER RUN APPALACHIAN CAMPGROUND, L.L.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-17 CIVIL JURY TRIAL DEMANDED WALLACE AND CRONE LLC successor by assignment to MANUFACTURERS AND TRADERS TRUST COMPANY, d/b/a M & T BANK, Successor by : merger to KEYSTONE FINANCIAL: BANK, N.A., £/k/a FINANCIAL : TRUST, : Plaintiff/Petitioner VS. DEER RUN APPALACHIAN CAMPGROUND, LLC, Defendant 1N THE COURT OF C. OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3474 CIVIL WRIT OF EXECUTION IN RE: MOTION FOR SANCTIONS ORDER AND NOW, this 2 '/* day of August, 2003, the motion of Wallace and Crone LLC, assignee of Manufacturers and Traders Trust Company d/b/a M & T Bank, successor by merger to Keystone Financial Bank, N.A., f/k/a/Financial Trust, for sanctions is DISMISSED. BY THE COURT, K~/A. Hess, J. Kara Haggerty, Esquire For Whisler's Well Drilling Robert Walker, Esquire For William Christine Jeffrey L. Pettit, Esquire For Harry T. Edmundson, Timothy Scott McDonald, Jeffrey L. Pettit and Deer Run Appalachian Campground LLC Laurence Himes, Jr., Esquire For Wallace and Crone LLC Richard Brent Somach, Esquire :rlm COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~' SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wallace & Crone LLC is the grantee the same having been sold to said grantee on the 5th day of March A.D., 2003, under and by virtue ora writ Execution. issued on the 24th day of Sept, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 3474, at the suit of Manufactures & Traders Tr co dba M & T Bank successor to Keystone FinI bank N A fica fin Tr Co against Deer mn Appalachian Camp Ground LLC is duly recorded in Sheriff's Deed Book No. 259, Page 3478. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ r~_ day of! ~(~,,~¥~,-z~ , A.~D. 2003 Recorder of Deeds Manufacturers and Traders Trust Company In The Court of Common Pleas of d/b/a M&T Bank successor by merger to Cumberland County, Pennsylvania Keystone Financial Bank, N.A., f/k/a Writ No. 2002-3474 Civil Term Financial Trust VS Deer Run Appalachian Campground, LLC Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 30, 2002 at 9:22 o'clock AM, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Deer Run Appalachian Campground, LLC, by making known unto William Christine, Manager, at 111 Sheet Iron Roof Road, Gardners, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2003 at 4:04 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Deer Run Appalachian Campground, LLC located at 111 Sheet Iron Roof Road, Gardners, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Deer Run Appalachian Campground, LLC by regular mail to their last known address of 111 Sheet Iron Roof Road, Gardners, PA 17324. This letter was mailed under the date of January 13, 2003 and never relurned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $32,000.00 to Attorney Denise Wester for Manufacturers and Traders Trust Company, d/b/a M&T Bank, successor by merger to Keystone Financial Bank, N.A., f/kJa Financial Trust. It being the highest bid and best price received for the same, Manufacturers and Traders Trust Company, d/b/a M&T Bank, successor by merger to Keystone Financial Bank, N.A., f/k/a Financial Trust, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $4,700.00. Sheriffs Costs: Docketing $30.00 Poundage 640.00 Posting Bills 45.00 Advertising 45.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.04 Certified Mail 2.79 Levy 45.00 Surcharge 40.00 Law Journal 437.45 Patriot News 375.25 Share of Bills 25.21 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $1802.74 Swom and subscribed to before me So ~Answ~rs: This ~'~ dayof 0,.33:~h,_~ 2;~~~ fJ.o,~ 2003, A.D.~, ~ t~. -hq~f-~ ~/~/ R. Thomas Kline, Sheriff~ t "pltothon0tary BY ~ Real EstateUDeputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST ) COMPANY dgo/a M&T BANK successor by ) merger to KEYSTONE FINANCIAL BANK, N.A., ) f/k/a FINANCIAL TRUST COMPANY, ) ) Plaintiff ) VS. ) ) DEER RUN APPALACHIAN CAMP ) GROUND, LLC, ) ) Defendant ) NO. 02-3474 CIVIL TERM CONFESSION OF JUDGMENT AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers and Traders Trust Company d/b/a M&T Bank successor by merger to Keystone Financial Bank, N.A., f/k/a Financial Trust Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 111 Sheet Iron Roof Road, South Middleton Township, Cumberland County, Gardners, Pennsylvania (Tax Parcel No. 40-13-0124-023) (description attached). 1. The name and address of Owner(s) or Reputed Owner(s): Deer Run Appalachian Campground, L.L.C. 111 Sheet Iron Roof Road Gardners, PA 17324 2. The name and address of Defendant(s) in the judgmenl:: Deer Run Appalachian Campground, L.L.C. 111 Sheet Iron Roof Road Gardners, PA 17324 ' 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Manufacturers and Traders Trust Company dgo/a M&T Bank successor by merger to Keystone Financial Bank, N.A. f/k/a Financial Trust Company 601 Dresher Road Horsham, PA 19044 Manufacturers and Traders Trust Company dgo/a M&T Bank successor by merger to Keystone Financial Bank, N.A. ff!~a Financial Trust Company vs. Deer Run Appalachian Camp Ground, LLC Term No. 2002-3474 Entered: July 22, 2002 $227,894.96 - 4. The name and address of the last recorded holder of every mortgage of record: Manufacturers and Traders Trust Company dgo/a M&T Bank successor by merger to Keystone Financial Bank, N.A. f/k/a Financial Trust Company 601 Dresher Road Horsham, PA 19044 Dated: January 7, 1998 Recorded: February 12, 1998 Cumberland County Mortgage Book Volume 142q, Page 611 $230,000.00 5. Name and address of every other person who has any record lien on the property:. NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom the Plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Judy A. Campbell, Tax Collector 6 Hope Drive P.O. Box 300 Boiling Springs, PA 17007-0300 Cumberland County Domestic Relations and Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 I verify that the statements made in this Affidav/t are true and correct to the best of my personal knowledge or information and belief. I understand thai: false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: SOMACH & WESTER DENISE L. WESTER, ESQUIRE Attorney I.D. No. 58921 Attorney for Plaintiff 1132 Hamilton St., Suite 201 Allentown, PA 18101 (610) 432-2244 ALL THAT tract of real estate with improvements, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: ADJOINING lands of James A. Miller, hereinafter referred to as Tract No. 2 and 3, land of the South Mountain Land Company, and others, contain/rig 7 acres, more or less; the said land being the same which Charles W. Otto and Sallie A. Otto, his wife, by their deed dated the 4t~ day of June, 1907, sold and conveyed to James A. Miller in fee. TRACT NO. 2: BEGINNING at a point, the comer of lands formerly owned by Z.T. Meixel and lands formerly owned by C.W. Ahl; thence South 49 degrees East 68 perches through a tract of which this tract was originally a part, to a post; thence by lands formerly of C.W. Aid and D.V. Ahl, South 40 degrees West 68 perches to a post; thence by Tract No. 3, hereinafter described, North 49 degrees West 71.5 perches to a post; thence by lands formerly ofC.W. Ahl, North 49 degrees East 23 perches to the place of the BEGINNING. CONTAINING Il) acres, more or less. TRACT NO. 3: BEGINNING at apoint, the comer of Tract No. 2, hereinbefore described; thence by land formerly of C.W. Altl, South 49 degrees West 27.5 perches to a post; thence by lands formerly ofC.W. Ahl and D.V. Ahl, South 49 degrees East 74 perches to a pot; thence by the same, North 40 degrees East 27.5 perches to a post; thence by Tract No. 2 hereinbefore described, North 49 degrees West 71.5 perches to a post, the place of BEGINNING. CONTAINING 12 acres, more or tess. BEING THE SAME premises which L. Edward Moyer, II, by Deed dated May 17, 1996, and recorded June 28, 1996, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 141, Page 905, granted and conveyed ¼ interest in the property to Deer Run Appalachian Campground, L.L.C. ALSO BEING THE SAME premises which CarolA. Bolden and Sandra L. Donsen, Co-Executrices o fthe Estate o fLaveme E. Moyer, deceased, byDeed dated February 5, 1998 and recorded February 12, 1998, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 172, Page 8, granted and conveyed ~ interest in the property to Deer Run Appalachian Campground, L.L.C. TAX PARCEL NO. 40-13-0124-023 IMPROVEMENTS THEREON CONSIST OF 225-SITE CAMPGROUND WITH STORE, LAUNDRY, SHOWER ROOMS, POOL AND OTHER BUILDINGS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST ) COMPANY d/b/a M&T BANK successor by ) merger to KEYSTONE FINANCIAL BANK, N.A., ) fAc/a FINANCIAL TRUST COMPANY, ) ) Plaintiff ) VS. ) ) DEER RUN APPALACHIAN CAMP ) GROUND, LLC, ) ) Defendant ) NO 02-3474 CIVIL TERM CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAl, PROPERTY PuRSUANT TO Pa. R.C.P. 3129.2 TO: DEER RUN APPALACHIAN CAMP GROUND, LLC 111 SHEET IRON ROOF ROAD GARDNERS, PA 17324 Your real estate at 111 Sheet Iron Roof Road, South Middleton Township, Cumberland Cotmty, Garciners, Pennsylvania (Tax Parcel No. 40-13-0124-023) is scheduled to be sold at Sheriffs Sale on March 5, 2003, at 10:00 a.m., in the Cumberland County Commissioner's Hearing Room o£ the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the Court judgment o£ $227,894.26 obtained by Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the Sheriffo£Cumberland County, all presently and past due mortgage payments, all late charges or penalties, all reasonable attorney's fees due as well. as reasonable costs of proceeding to foreclosure actually incurred. To fred out how much you must pay, you may call: Denise L. Wester, Esquire, Somach & Wester, attorneys for Plaintiff, at (610) 432-2244. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact on, the more chance you will have of stopping th~ sale. (See notice on page 3 on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLA~,E" 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the ale if the bid price is grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Shefiffthe full amount due in the sale. To find out if this has happened, you may call the Sheriffo f Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain n the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which wets paid for your house. A schedule o f distribntion of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriffnot later than thirty (30) days after sale. This schedule will state who will be receiving that money. The moneywill be paid out in accordance with tkis schedule unless exceptions (reasons why the proposed distribution is wrong) are filed thereto within ten (I0) days after the fding of the schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you. act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 SOMACH & WESTER DENISE L. WESTER, ESQUIRE Attorney I.D. No. 5;8921 Attorney for Plaintiff 1132 Hamilton St., Suite 201 Allentown, PA 18101 (610) 432-2244 ALL THAT tract of real estate with trnprovements, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: ADJOINING lands of James A. Miller, hereinafter referred to as Tract No. 2 and 3, land of the South Mountain Land Company, and others, containing 7 acres, more or less; the said land being the same which Charles W. Otto and Sallie A. Otto, 1tis wife, by their deed dated the 4t~ day of June, 1907, sold and conveyed to James A. Miller in fee. TRACT NO. 2: BEGINNING at a point, the comer of lands fi)rmerly owned by Z.T. Meixel and lands formerly owned by C.W. Ahl; thence South 49 degrees East 68 perches through a tract of which this tract was originally a part, to a post; thence by lands formerly of C.W. Ahl and D.V. Ahl, South 40 degrees West 68 perches to a post; thence by Tract No. 3, hereinatter described, North 49 degrees West 71.5 perches to a post; thence by lands formerly ofC.W. Ahl, North 49 degrees East 23 perches to the place of the BEGINNING. CONTAINING 10 acres, more or less. TRACT NO. 3: BEGINNING at a point, the comer of Tract No. 2, hereinbefore described; thence by land formerly of C.W. Aid, South 49 degrees West 27.5 perches to a post; thence by lands formerly ofC.W. Ahl and D.V. Ahl, South 49 degrees East 74 perches to a pot; thence by the same, North 40 degrees East 27.5 perches to a post; thence by Tract No. 2 hereinbefore described, North 49 degrees West 71.5 perches to apost, the place of BEGINNING. CONTAINING 12 acres, more or less. BEING THE SAME premises which L. Edward Moyer, II, by' Deed dated May 17, 1996, and recorded June 28, 1996, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 141, Page 905, granted and conveyed ~A interest in the property to Deer Run Appalachian Campground, L.L.C. ALSO BEING THE SAME premises which Carol A. Bolden and Sandra L. Donsen, Co-Executrices of the Estate o fLaveme E. Moyer, deceased, by Deed dated February 5, 1998 and recorded February 12, 1998, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 172, Page 8, granted and conveyed ½ interest in the property to Deer Run Appalachian Campground, L.L.C. TAX PARCEL NO. 40-13-0124-023 IMPROVEMENTS THEREON CONSIST OF 225-SITE C)dVIPGROUND WITH STORE, LAUNDRY, SHOWER ROOMS, POOL AND OTHER BUILDINGS. WRIT OF EXECUTION and/pr ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-3474 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 D/B/A M&T BANK SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., F/K]A FINANCIAL TRUST COMPANY, Plaintiff (s) From DEER RUN APPALACHIAN CAMP GROUND, LLC, 111 SHEET IRON ROOF ROAD, GARDNERS, PA 17324 ( 1 ) You arc 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 thc defendant(s) not levied upon in thc 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 dehvering 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 &anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a gamishee and is enjoined as above stated. Amount Due 227,894.26 L.L. $.50 Interest $37.26 PER DIEM AND LATE CHARGES EQUAL TO 5% FOR EACH PAYMENT RECEIVED 15 OR MORE DAYS PAST THE PAYMENT DUE DATE, ARISING SUBSEQUENT TO 6/27/02 Atty's Comm % Atty Paid $37.00 Plaintiff Paid Date: SEPTEMBER 24, 2002 (Seal) REQUESTING PARTY: Name DENISE L. WESTER, ESQUIRE Address: 1132 HAMILTON ST., SUITE 201 ALLENTOWN, PA 18101 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy Attorney for: PLAINTIFF Telephone: 610-432-2244 Supreme Court ID No. 58921 Real Estate Sale On October 29, 2002 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA known and numbered as 111 Sheet Iron Roof Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 29, 2002 By: ~Jo(~ ~YO~ Real. state Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16,, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of January and the 4th and , 11th day(s) of February 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verifyithis statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed land adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Ivliscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #13 ..... Sworn to and subsc~ed~eforc m.m~his 14th d~-'~f F/ebr~ary 2003 A.D. Notarial~Se,'~ ./~ ~.~ . . ~ ~/~ My ~mi~ion E~s June 6, 2~ ~ O~ UBLIC ~m~r. ~nns~niaA~n~ta~y commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUJ~P~' COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total Publisher's Receipt for Advertising Cost $ 373.50 $ 1.15 $ 375. 5 The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since.. January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: ~ANUARY ~1, FEBRUARY 7, 14, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, and that ]he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE SALE NO. 13 Writ No. 2002 3474 Civil Manufacturers aIld Traders Trust Company, d/b/a M&T Bank successor by merger to Keystone Financial Bank, N.A., f/k/a Financial Tmai VS. Deer Run Appalachian Campground, LLC Atty.: Denise Wester ALL THAT tract of real estate with improvements, situate in South Mid dleton Township, Cumberland Coun- ty, Pennsylvania, bounded and de scribed as follows: TRACT NO. l: ADJOINING lands of James A. Miller. hereinafter re ferred to as Tract No. 2 and 3, land of the South Mountain Land Corn party, and others, containing 7 acres, more or less; the said land being the same which Charles W. Otto and ~fLisa M~ie Coyne~.~lltor SWORN TO AND :SUBSCRIBED before me this 14 day of FEBRUARY, 2003 SCHEDULE OF DISTRIBUTION SALE NO. 13 Date Filed: April 4, 2003 Writ No. 2002-3474 Civil Term Manufacturers and Traders Trust Company, d/b/a M&T Bank, successor by merger to Keystone Financial Bank, N.A., f/k/a Financial Trust VS Deer Run Appalachian Campground, LLC 111 Sheet Iron Roof Road Gardners, PA 17324 Sale Date: Buyer: Bid Price: March 5, 2003 Wallace and Crone, LLC $32,000.00 Real Debt: $227,894.26 Interest: 9,352.26 Attorney Costs: 37.00 Late Fees: 963.84 Total: $238,247.36 DISTRIBUTION: Receipts: Cash on account (10/29/02): $1,500.00 Cash on account (03/05/03): 3,200.00 Credit Writ No. 2002-3474:27,300.00 Total Receipts: $32,000.00 Disbursements: To Sheriff's Costs: $1,802.74 To Legal Search: 200.00 To Attorney Denise Wester 2,697.26 Credit Writ No. 2002-3474: 27,300.00 Total Disbursements: Balance for distribution: ($32,000.00) 0.00 So An~swe~,: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL, IS PRODUCED. SHERIFF SALE NO. 13 Held Wednesday, March 5, 2003 Date: March 5, 2003 TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year 2003. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are Ii.enable. MECHANICS' AND Possible unfiled Mechanics Liens and iMunicipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated 2003, and recorded 2003, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Carol A. Bolden and Sandra L. Donsen, Executrices of the estate of Laveme E. Moyer, by deed dated February 5, 1998, and recorded February 12, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 172, Page 8, granted and conveyed to Deer Run Appalachian Camp Ground, L.L.C. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Satisfactory evidence to be produced that the subject premises has access to a public road. 6. Mortgage in the amount of $230,000.00 given by Deer Run Appalachian Camp Ground, February 12, 1998 in Mortgage Book 1431 Page 611.. Confession of judgment in the amount of $27,894.26 filed by Manufacturers and Traders Trust Company and M & T Bank as Plaintiff against Deer Run Appalachian Camp Ground L.L.C. as Defendant on July 22, 2002 in the Office of the Prothonotary 10. 11. 12. 13. 14. of Cumberland County to File No. 2002-3474. Uniform Commercial Code financing statement filed by Manufacturers and Traders Trust Company in the Office of the Recorder of Deeds of Cumberland County on December 12, 1998 to file no. 5642. Continuation Statement filed December 13, 2002. Mechanic's Lien filed in the amount of $13,108.74 filed by Whisler's Well Drilling as Plaintiff against Deed Run Appalachian Camp Ground, L .L .C., et al., on October 21, 2002 in the Office of the Prothonotary of Cumberland ,County to file no. 2002-5093. Complaint in Equity effecting Lot No. 7 filed by William Christine as Plaintiff against Deer Run Appalachian Camp Ground, L.L.C., as Defendants on February 7, 2003 in the Office of the Prothonotary of Cumberland County to file no. 2003-580. Rights granted to United Telephone Company of Pennsylvania by instrument recorded December 18, 1987 in Miscellaneous Record Book 344, Page 43. Rights granted to Metropolitan Edison Company by instrument recorded in Miscellaneous Record Book 162, Page 1158, Book 186, Page 338, Book 196, Page 183, and Book 203, Page 753. Rights granted to United Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 239 Page 728. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff sale. Real estate taxes accruing on and after July 1,2003 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent ~ Note: This Title Report shall not be v~alig or binding until countersigned by an authorized ~gn~tory. REAL ESTATE SALE NO. 13 Writ No. 2002-3474 Civil Manufacturers and Traders Trust Company, d/b/a M&T Bank successor by merger to Keystone Financial Bank, N.A., f/k/a Financial Trust vs. Deer Run Appalachian Campground, LLC Atty.: Denise Waster ALL THAT tract of real estate with improvements, situate in South Mid- dlet~n Township, Cumberland Coun- ty, Pennsylvania, bounded and de- scribed as follows: TRACT NO. 1: ADJOINING lands of .[ames A. Miller, hereinafter re* ferred to as Tract No. 2 and 3, land of the South Mountain Land Com- pany, and others, containing 7 acres, more or less; the said land being the same which Charles W. Otto and Sallie A. Otto, his wife, by their deed dated the 4th day of June, 1907, 1998 and recorded February 12, 1998, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 172, Page 8, granted and conveyed 1/2 interest in the property to Deer Run Appalachian Campground, L.L.C. q?AX PARCEL NO. 40-13-0124- 023. IMPROVEMENTS THEREON CONSIST OF 225-SITE CAMP- GRGUND WITH STORE. LAUN- DRY, SHOWER ROOMS, POOL AND OTHER BUILDINGS.