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HomeMy WebLinkAbout02-4182 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, V5. HARRY F. DAVIS and CAROLE K. DAVIS, Defendants. CIVIL DIVISION ISSUE NO.: TYPE OF PLEADING: CIVIL ACTION - COMPLAINT PURSUANT TO ACT 6 OF 1974 CODE - I hereby certify that the address of Plaintiff is: P.O. Box "T°, 20 South Main Street Chambersburg, PA 17201 and the last known address of Defendants is: Harry F. Davis and Carol K. Davis 115 Hammond Road, Shippensburg, PA 17257 JAMES, SMITH, DURKIN & CONNELLY LLP By: Scott A.'Dietterick, Esquire Attorneys for Plaintiff FILE ON BEHALF OF: Farmers and Merchants Trust Company of Chambersburg, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA ID #55650 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, Vs. CIVIL DIVISION No.: 02-4182 CIVIL ISSUE NUMBER: TYPE OF PLEADING: HARRY F. DAVIS and CAROL K. DAVIS, Defendants. I Hereby certify that the last ]mown address of Defe dant(s) is/are: 115 Hain,?ln? Rnad PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF: Farmers and Merchants Trust Company of Chambersburg Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Esquire Attorney for Plaintiff JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, vs. HARRY F. DAVIS and CAROL K. DAVIS, : Defendants. NO.: 02-4182 Civil Term PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIRJMADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Harry F. Davis and Carol K. Davis, in the amount of $22,211.90 which is itemized as follows: Principal $149,996.87 Interest to 2/26/02 $ 3,547.84 Attorneys' Fees $ 15,354.47 (10% of the total amount due) TOTAL $168,899.18 with interest on the principal sum ($149,996.87) from February 26, 2002 at $33.33 per diem. JAMES, SMIWIGONNELLY LLP By: Scott A nikter(9k, Esquire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me 11 this,( day of 6,) 2002. Notary Public My Commission Expires: NOTARIAL SEAL MICHELLE ELLIOTT, NOTARY PUBLIC HUMMELSTOWN, DAUPHIN COUNTY, PA MY COMMISSION EXPIRES JUNE 9, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 02-4182 Civil Term vs. HARRY F. DAVIS and CAROL K. DAVIS, : Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Harry F. Davis ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding _ZOO? on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $168,899.18 with interest on the principal sum ($149,996.87) from February 26, 2002 at $33.33 per diem. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 02-4182 Civil Term VS. HARRY F. DAVIS and CAROL K. DAVIS, : Defendants. NOTICE OF ORDER DECREE OR JUDGMENT TO: Carol K. Davis ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on Cc-,?- 11 2W -;L' ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $168,899.18 with interest on the principal sum ($149,996.87) from February 26, 2002 at $33.33 per diem. Snxxlrr I5 i-E I uxiv - XhUULgR CASE NO: 2002-04182` COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST CO VS DAVIS HARRY F ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS HARRY DEFENDANT , at 1834:00 HOURS, on the at 115 HAMMOND ROAD SHIPPENSBURG, PA 17257 CAROL DAVIS, WIFE the 4th day of September, 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10 . 35 r .00 10.00 R. Thomas Kline Y .00 38.35 09/06/2002 JAMES SMITH DURKIN CONNELLY Sworn and Subscribed to before By: me this day of A. D. Prothonotary SHERIFF'S RETURN - HEUULAR CASE NO: 2002-04182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST CO VS DAVIS HARRY F ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS CAROLE K the DEFENDANT , at 1834:00 HOURS, on the 4th day of September, 2002 at 115 HAMMOND ROAD SHIPPENSBURG, PA 17257 by handing to CAROL DAVIS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 w,. Affidavit ,00 Surcharge 10.00 R. Thomas Kline .00 16.00 09/06/2002 JAMES SMITH DURKIN CONNELLY Sworn and Subscribed to before me this day of A. D. By: Deputy Sheriff Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 02-4182 Civil Term VS. HARRY F. DAVIS and CAROL K. DAVIS, : Defendants. IMPORTANT NOTICE TO: Carol K. Davis 115 Hammond Road Shippensburg, PA 17257 DATE OF NOTICE: September 25, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, VS. HARRY F. DAVIS and CAROL K. DAVIS, : Defendants. CIVIL DIVISION NO.: 02-4182 Civil Term AVISO IMPORTANTE A. Carol K. Davis FECHA DEL AVISO: September 25, 2002 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES, DATE: BY: PA I.D. #55650 CONNELLY LLP Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 02-4182 Civil Term vs. HARRY F. DAVIS and CAROL K. DAVIS, : Defendants. IMPORTANT NOTICE TO: Harry F. Davis 115 Hammond Road Shippensburg, PA 17257 DATE OF NOTICE: September 25, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, vs. HARRY F. DAVIS and CAROL K. DAVIS, : Defendants. CIVIL DIVISION NO.: 02-4182 Civil Term AVISO IMPORTANTE A. Harry F. Davis FECHA DEL AVISO: September 25, 2002 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENDS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES, DATE: -d z 2 BY: CONNELLY LLP Esquire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Scott A.14ietter Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 ?11 4 j n - r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, CIVIL DIVISION NO.: OA - °ykPc)?- vs. HARRY F. DAVIS and CAROLE K. DAVIS, Defendants. I hereby certify that the address of Plaintiff is: P.O. Box "T", 20 South Main Street Chambersburg, PA 17201 and the last known address of DefendantS is: Harry F. Davis and Carol K. Davis 115 Hammond Road, Shippensburg, PA 17257 JAMES, SMITH, DURKIN & CONNELLY LLP By: crick, Esquire Plaintiff ISSUE NO.: TYPE OF PLEADING: CIVIL ACTION - COMPLAINT PURSUANT TO ACT 6 OF 1974 CODE- FILE ON BEHALF OF: Farmers and Merchants Trust Company of Chambersburg, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA ID #55650 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, CIVIL DIVISION NO.: 0.1 - YL- vs. HARRY F. DAVIS and CAROL K. DAVIS, : Defendants. COMPLAINT PURSUANT TO ACT 6 OF 1974 AND NOW, comes Farmers and Merchants Trust Company of Chambersburg, Plaintiff, by and through its attorneys, James, Smith, Durkin & Connelly LLP, and files this Complaint Pursuant to Act 6 of 1974 as follows: Farmers and Merchants Trust Company of Chambersbsurg is a financial institution existing under the laws of the United States of America, with its principal place of business located at P.O. Box "T", 20 South Main Street, Chambersburg, Pennsylvania 17201. 2. Defendants, Harry F. Davis and Carol K. Davis ("Defendants") are an adult individuals residing within the Commonwealth of Pennsylvania, whose last known address is 115 Hammond Road, Shippensburg, Pennsylvania 17257. 3. On or about October 26, 1998, Davis Greenhouse executed and delivered a certain Promissory Note in favor of Plaintiff in the original principal amount of $100,000.00 ("Note"), which Note authorized the confession of judgment against Defendant. A copy of said Note, which copy is a true and correct reproduction of the original Note, is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about August 6, 1999, Davis Greenhouse executed and delivered a certain Change in Terns Agreement in favor of Plaintiff to increase the Note amount to $150,000.00. A copy of said Change in Terms Agreement, which copy is a true and correct reproduction of the original Change in Terms Agreement, is marked Exhibit "B", attached hereto and made a part hereof. 5. On or about October 26, 1998, Defendants executed and delivered a certain Commercial Guaranty ("Guaranty") in favor of Plaintiff, wherein Defendants absolutely and unconditionally guaranteed and became surety for all debts and obligations of Davis Greenhouse to Plaintiff, including, but not limited to, the Note. The said Guaranty authorized the confession of judgment against Defendants. A copy of said Guaranty, which copy is a true and correct reproduction of the original Guaranty is marked Exhibit "C", attached hereto and made a part hereof. Neither the aforesaid Note nor Guaranty has been released, transferred or assigned. Pursuant to the Davis Greenhouse Default under the aforesaid Note, Plaintiff entered Judgment by Confession against the Defendants on their Guaranty in the amount of $168,899.18 at Franklin County Docket number 02-01794 ("Confessed Judgment"). 8. Upon filing, the judgment became a lien against Defendants' Real Property, more particularly described in Exhibit "D", attached hereto and made a part hereof, and as conveyed to Defendants at Deed Book 168, Page 1081 ("Real Property"). 9. Said Real Property constitutes "residential real property" as defined in Act 6 of 1974, 41 P.S. §407, pursuant to which Plaintiff must file a separate original action against the Defendants before Plaintiff shall have the right to levy, execute or garnish against the Real Property on the basis of the Confessed Judgment. 10. Defendants remain in default under the terms of the Note and their Guaranty in the amount set forth in the Confessed Judgment, itemized as follows: Principal $149,996.87 Interest to 2/26/02 $ 3,547.84 Attorneys' Fees $ 15.354.47 (10% of the total amount due) TOTAL $168,899.18 with interest on the principal sum ($149,996.87) from February 26, 2002 at $33.33 per diem. 10. Defendants remain in default under the terms of the Note and their Guaranty in the amount set forth in the Confessed Judgment, itemized as follows: Principal $149,996.87 Interest to 2/26/02 $ 3,547.84 Attorneys' Fees $ 15.354.47 (10% of the total amount due) TOTAL $168,899.18 with interest on the principal sum ($149,996.87) from February 26, 2002 at $33.33 per diem. 11. Plaintiff is entitled to Judgment in its favor under Act 6 of 1974 and pursuant to said Act, the Judgment shall merge with the Confessed Judgment and execution shall be had on the said Confessed Judgment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants in the amount of $168,899.18 with interest on the principal sum from February 26, 2002 at $33.33 per diem, with said Judgment merging with the Confessed Judgment entered in favor of Plaintiff and against Defendants on April 11, 2002 pursuant to Act 6 of 1974, thereby permitting Plaintiff to execute on said Confessed Judgment against the Real Property. Respectfully Submitted: Dated: Z6 /?-Z' JAMES, & CONNELLY LLP By: V Scott A. D ett nck, Esquire PA ID #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PROMISSORY NOTE Principal Amount: $100,000.00 Initial Rate: 8.000% Date of Note: October 26, 1998 PROMISE TO PAY. Davis Greenhouse Inc. ("Borrower") promises to pay to FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG ("Lender"), or order, in lawful money of the United States of America, on demand, the principal amount of One Hundred Thousand & 00/100 Dollars ($100,000.00) 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. Borrower will pay this loan immediately upon Lender's demand. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning November 1, 1998, with all subsequent interest payments to be due on the same day of each month after that. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Ncte is subject to change from time to time based on changes in an independent inde>: which is the New York Prime Rate as published in the Wall Street Journal. When a range of rates has been published, the higher of the rates will be used (the "Index"). The Index is not necessarily the lowest rate charged by Lender oi? Its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each time there has been a change in the Index. The Index currently Is 8.000% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate equal to the Index, resulting in an initial rate of 8.000% per annum. NOTICE: Under no circumstances will :he interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal balance due. LATE CHARGE. If a regularly scheduled interest payment is 16 days or more late, Borrower will be charged 6.000% of the regularly scheduled payment. If Lender demands payment of this loan, and Borrower does not pay the loan within 16 days after Lender's demand, Borrower also will be charged 6.000% of the sum of the unpaid principal plus accrued unpaid interest. DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or 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, security agreement, purchase or sales agreement, or any other agreement,. in.favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrowers obligations under this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (e) Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors. or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor tries 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. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. (1) 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 pay that amount. Upon default, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 2.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees 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 also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this 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 Commonwealth of Pennsylvania. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County, the Commonwealth of Pennsylvania. This Note shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. Borrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested either orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The following parry or parties are authorized to request advances under the line of credit until Lender receives from Borrower at Lender's address shown above written notice of revocation of their Borrower: Davis Greenhouse Inc. (TIN: 23-2486205) Lender: FARMERS AND MERCHANTS TRUST COMPANY OF 103 Hammond Road CHAMBERSBURG Shippensburg, PA 17257 MEMORIAL SQUARE OFFICE POST OFFICE BOX T 20 SOUTH MAIN STREET CHAMBERSBURG, PA 17201-0819 10-26-1998 PROMISSORY NOTE Page 2 Loan No (Continued) authority: Mark A. Davis, President; Janet G. Davis; Harry F. Davis; and Carol K. Davis. Borrower agrees to be liable for all sums either: (a) advanced in accordance with the instructions of an authorized person or (b) credited to any of Borrower's accounts with Lender. The unpaid principal 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. Lender will have no obligation to advance funds under this Note if: (a) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Note; (b) Borrower or any guarantor ceases doing business or is insolvent; (c) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan with Lender; (d) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender; or (e) Lender in good faith deems itself insecure under this Note or any other agreement between Lender and Borrower. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower 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 stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lancer's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. Borrower hereby irrevocably authorizes and empowers any attorney or the Prothonotary or Clerk of any Court in the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Borrower, and with or without complaint filed, as of any term, confess or enter judgment against Borrower for the entire principal balance of this Note and all accrued interest, together with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued interest for collection, but in any event not less than Five Hundred Dollars ($500); and for so doing, this Note or a copy of this Note verified by affidavit shall be sufficient warrant. The authority granted in this Note to confess judgment against Borrower shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of all amounts due under this Note. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: Davis Gres U! I BY - ? (SEAL) Mark A. Davis, President ATTEST: / Corporate Seal ) Sec etary r Assist t Secfetary ' LENDER: FARMERS ND RC TRUST COMPANY OF CHAMBERSBURG By:-- Authorized Officer variable Rata. Line of Credit. L4EEfl PRO, Peg. U.S. Pat. & T.M. O@., Vec 3.25 (c) 1998 CFI ProServices, Inc. Al rights Mewed. IPA-020 CAVISGRE.LN C51.0VLI EXHIBIT "B" Date of Agreement: August 6, 1999 DESCRIPTION OF EXISTING INDEBTEDNESS. Promissory note dated October 26, 1998 in the original principal amount of $100,000.00 (the "Note"). DESCRIPTION OF CHANGE IN TERMS. The credit limit principal amount is increased from $100,000.00 to $150,000.00. PROMISE TO PAY. Davis Greenhouse Inc. ("Borrower") promises to pay to FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG ("Lender"), or order, in lawful money of the United States of America, on demand, the principal amount of One Hundred Fifty Thousand & 00/100 Dollars ($150,000.00) 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. Borrower will pay this loan Immediately upon Lender's demand. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning September 1, 1999, with ail subsequent Interest payments to be due on the same day of each month after that. The annual interest rate for this Agreement is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Agreement is subject to change from time to time based on changes in an independent index which is the New York Prime Rate as published in the Wall Street Journal. When a range of rates has been published, the higher of the rates will be used (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each time there has been a change in the Index. The Index currently Is 8.000% per annum. The Interest rate to be applied to the unpaid principal balance of this Agreement will be at a rate equal to the Index, resulting in an initial rate of 8.000% per annum. NOTICE: Under no circumstances will the interest rate on this Agreement be more than the maximum rate allowed by applicable law, PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal balance due. LATE CHARGE. It a regularly scheduled interest payment is 16 days or more late, Borrower will be charged 6.000% of the regularly scheduled payment. If Lender demands payment of this loan, and Borrower does not pay the loan within 16 days after Lender's demand, Borrower also will be charged 6.000% of the sum of the unpaid principal plus accrued unpaid interest. DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower fails to make any payment when due.-(b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Agreement or any agreement related to this Agreement, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (e) Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor tries 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 Agreement. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. (i) 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 Agreement and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Upon default, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Agreement to 2.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees 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 also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgment at the interest rate applicable to this Agreement at the time judgment is entered. This Agreement has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County, the Commonwealth of Pennsylvania. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. Borrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Agreement against any and all such accounts. 0E-06-1999 ;RANGE IN TERMS AGREEMENT Page 2 Loan No 10434 (Continued) LINE OF CREDIT. This Agreement evidences a revolving line of credit. Advances under this Agreement may be requested either orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The following party or parties are authorized to request advances under the line of credit until Lender receives from Borrower at Lender's address shown above written notice of revocation of their authority: Mark A. Davis, President; Janet G. Davis; Harry F. Davis; and Carol K. Davis. Borrower agrees to be liable for all sums either: (a) advanced in accordance with the instructions of an authorized person or (b) credited to any of Borrower's accounts with Lender, The unpaid principal balance owing on this Agreement at any time may be evidenced by endorsements on this Agreement or by Lender's internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Agreement if: (a) Borrower or any guarantor is in default under the terms of this Agreement or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Agreement; (b) Borrower or any guarantor ceases doing business or is insolvent; (c) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Agreement or any other loan with Lender; (d) Borrower has applied funds provided pursuant to this Agreement for purposes other than those authorized by Lender; or (e) Lender in good faith deems itself insecure under this Agreement or any other agreement between Lender and Borrower. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. MISCELLANEOUS PROVISIONS. This Agreement is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Agreement on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. CONFESSION OF JUDGMENT. Borrower hereby irrevocably authorizes and empowers any attorney or the Prothonotary or Clerk of any Court in the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Borrower, and with or without complaint filed, as of any term, confess or enter judgment against Borrower for the entire principal balance of this Agreement and all accrued interest, together with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued interest for collection, but in any event not less than Five Hundred Dollars ($500); and for so doing, this Agreement or a copy of this Agreement verified by affidavit shall be sufficient warrant. The authority granted in this Agreement to confess judgment against Borrower shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of all amounts due under this Agreement., PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. THIS AGREEMENT HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. - --- EXHIBIT "C" -- •-•••-•• -issrulouse inc. tHN: 23-2986205) Lender: FARMERS AND MERCHANTS TRUST COMPANY OF 103 Hammond Road CHAMBERSBURG Shippensburg, PA 17257 MEMORIAL SQUARE OFFICE POST OFFICE BOXT 20 SOUTH MAIN STREET Guarantor: Harry F. Davis and Carol K. Davis CHAMBERSBURG, PA 17201-0819 Shl 115 Hammond Road SM1ippensburg, PA 17257 AMOUNT OF GUARANTY. The amount of this Guaranty Is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, Harry F. Davis and Carol K. Davis ("Guarantor") absolutely and unconditionally guarantee and promise to pay, jointly and severally, to FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG ("Lender") or its order, on demand, in legal tender of the United States of America, the Indebtedness (as that term Is defined below) of Davis Greenhouse Inc. ("Borrower") to Lender on the terms and conditions set forth in this Guaranty. Under this Guaranty, the liability of Guarantor Is unlimited and the obligations of Guarantor are continuing. DEFINITIONS. The following words shall have the following meanings when used in this Guaranty Borrower. The word "Sormwer" means Davis Greenhouse Inc.. Guarantor. The word "Guarantor" means Harry F. Davis and Carol K. Davis, who are signing this Guaranty jointly and severally. Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lender dated October 26, 1998. Indebtedness. The word "Indebtedness" is used in its most comprehensive sense and means and includes any and all of Borrower's liabilities, obligations, debts, and Indebtedness to Lender, now existing or hereinafter Incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card Indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety ; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise. Lender. The ward "Lender' means FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, its successors and assigns. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, envimnmemal agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and tlocuments, whether now or hereafter existing, executed in connection with the Indebtedness. NATURE OF GUARANTY, Guarantor's liability under this Guaranty shall be open and continuous for so long as this Guaranty remains in farce. Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of all Indebtedness. Accordingly, no payments made upon the Indebtedness will discharge or diminish the continuing liability of Guarantor in connection with any remaining portions of the Indebtedness or any of the Indebtedness which subsequently arises or is thereafter incurred or contracted. The obligations of Guarantors shall be joint and several. Lender may proceed against any of the Guarantors individually, against any group of Guarantors, or against all the Guarantors in one action, without affecting the right of Lender to proceed against other Guarantors for amounts that are covered by this Guaranty. Any inability of Lender to proceed against any Guarantor (whether caused by actions of a Guarantor or of Lender) will not affect Lender's right to proceed against any or all remaining Guarantors for all or part of the amounts covered by this Guaranty. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or, to Borrower, and will continue in full force until ail Indebtedness Incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by notified mail, at the address of Lender listen above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by.Lender of Guarantor's written revocation. For this purpose and without limpliffou, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unhquitlated, undetermined or not due and which later becomes absolute, liquidated, determined or due. Notice of revocation shall be effective only as to the particular Guarantor providing the notice, and shall not affect the liability of other guarantors. This Guaranty will continue to bind Guarantor for all Indebtedness incurred by Borrower or committed by Lender. prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind the estate of Guarantor as to Indebtedness created both before and after the death or incapacity of Guarantor, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may tenninate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation received by Lender from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of Indebtedness covered by this Guaranty, and it is specifically acknowledged and agreed by Guarantor that reductions in the amount of Indebtedness, even he zero dollars ($0.00), prior to written revocation of this Guaranty by Guarantor shall not constitute a termination of this Guaranty. This Guaranty Is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lentler, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (a) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (b) to alter, compromise, renew, extend, accelerate, or otherwise change one or mare times the time for payment or other terms of the Indebtedness or any part of the Indebtetlness, including Increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer then the original loan term; (c) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fall or decide not to perfect, and release any such security, with or without the substitution of new collateral; (d) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or In any manner Lender may choose; (e) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (1) to apply such security and direct the order or manner of sale thereof, Including without limitation, any nonjudlcial sale permitted by the terms of the controlling security agreement or dead of trust, as Lender In Its discretion may determine; (g) to sell, transfer; assign, or grant participations In all or any part of the Indebtedness; and (h) to assign or transfer this Guaranty In whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (b) this Guaranty is executed at Borrower's request and not at the request of Lender; (c) Guarantor has lull power, right and authority to enter into this Guaranty ; (d) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (e) Guarantor has not and will not, without no prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any Interest therein; (p upon Lender's request, Guarantor will provide to Lender financial and credit information in fans acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present the financial condition of Guarantor as of the dates the financial information is provided; (g) no material adverse change has Occurred in Guarantor's financial Condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (h) no litigation, claim, investigation, administrative proceeding or similar action (including these for unpaid taxes) against Guarantor is pending or threatened; (i) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (j) Guarantor has established adequate means of obtaining from Borrower on a. continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. COMMERCIAL GUARANTY 10-26-1996 COMMERCIAL GUARANTY Page 2 Loan No (Continued) GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (a) to continue lending money or to extend other credit to Borrower, (b) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any callaterai, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, ar other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (c) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (d) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (a) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; fill to pursue any other remedy within Lender's power; or (g) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. If now or hereafter (a) Borrower shall be or become insolvent, and (b) the Indebtetlness shall not at all times until paid be fully secured by collateral pledged by Borrower, Guarantor hereby forever waives and relinquishes in favor of Lender and Borrower, and their respective successors, any claim or right to payment Guarantor may now have or hereafter have or acquire against Borrower, by subrogation or otherwise, so that at no time shall Guarantor be or become a "cretlRor" of Borrower within the meaning of 11 U.SC. section 547(b), or any successor provision of the Federal bankruptcy laws. Guarantor also waives any and all rights or defenses arising by reason of (a) any °one action" or "arakdaficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (b) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation r1ghts or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any lass of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (c) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrowers liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness: (d) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (e) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor's commenced there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (f) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar fight, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is mace with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. LENDER'S RIGHT OF SETOFF. In addition to ail hens upon and rights of setoff against the moneys, securities or other property of Guarantor given to Lender by law, Lender shall have, with respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by law, a contractual security interest in and a right of setoff against, antl Guarantor hereby assigns, conveys, delivers, pledges, and transfers to Lender ail of Guarantor's right, title and interest in and to, all deposits, moneys, securities and other property of Guarantor now or hereafter in me possession of or on deposit with Lentler, whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts. Every such security interest and right of Sarah may be exercised without demand upon or notice to Guarantor. No security interest or right of setoff shall be deemed to have been waived by any act or conduct on the part of Lender or by any neglect In exercise such right of setoff or to enforce such security interest or by any delay In so doing. Every right of setoff and security interest shall continue in full force and effect until such right of setoff or security interest is specifically waived or released by an instrument in writing executed by Lander. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of me assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower, provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and smll be delivered to Lander.- Guarantor agrees, and Lender hereby is authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire undersmndlng and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Applicable Law. This Guaranty has been delivered te. Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Guarantor agrees upon Lenders request to submit to the jurisdiction of the courts of Franklin County, Commonwealth of Pennsylvania. This Guaranty shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Attorneys' Fees; Expanses. Guarantor agrees to pay upon demand all of Lenders costs and expenses, including ahomeys' fees and Lender's legal expenses, incurred In connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Casts and expenses include Lenders attorneys' fees and legal expenses whether or not mere is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Notices. All forces required to be given by either parry to the other under this Guaranty shall be in writing, may be sent by telefacti mile (unless otherwise required by law), and, except for revocation notices by Guarantor, shall be effective when ac Nally delivered or when deposited with a nationally recognized overnight courier, or when deposited in me United States mail, first class postage prepaid, addressed to me party to whom the ratite is to be given at the address shown above or to such other addresses as either party may designate to the other In writing. All revocation notices by Guarantor shall be in writing and shall be effective only upon delivery to Lender as provided above in the section rated "DURATION OF GUARANTY.' If there is more man one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in mia Guaranty in the singular shall be deemed to have been used In the plural where [tae context and construction so require; and where there is more man one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarderi respectively shall mean all and any one or more of them. The words "Guarantor,' "Borrower," and 'Lender' Include the heirs, successors, assigns, and transferees of each of them. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define me provisions of this Guaranty. 11 a coon of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty in all other respects shall remain valid and enforceable. If any one or more of Borrower or Guarantor are corporations or partnerships, tt is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purporting. to act on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under rule Guaranty. Waiver., Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lentler. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lenders right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lander is required under this Guaranty, the granting of such consent by Lander In any instance shall not constitute continuing consent to subsequent Instances where such consent is required and In all cases such consent may be granted or withheld in the sale discretion of Lander. sURC-rv nnn,irurn a rt,ie i. ? n.,.,.,,.,.,... yn..d.,,,,...»- .,d,...u,,..H.... ._.6..,...__..,r__, A 6.. 0_..,......-. 10.26-1998 COMMERCIAL GUARANTY Page 3 Loan No (Continued) any of the Indebtedness, Guarantor will pay all or any portion of the Indebtedness due or thereafter becoming due, whether by acceleration or otherwise, without defalcation or offset of any kind, without Lender first being required to make demand upon Borrower or pursue any of its rights against Borrower or against any other person, including other guarantors; and without being required to liquidate or realize any collateral securlty for arty of the Indebtedness. In any right of action accruing to Lender, Lender may elect to proceed against (a) Guarantor together with Borrower; (b) Guarantor and Borrower individually; or (c) Guarantor only without having first commenced any action against Borrower. JOINT AND SEVERAL LIABILITY ADDENDUM. To the extent that this Guaranty is executed by more than one Guarantor or in the case of any partnership, all such Guarantors and all the general partners of such partnership shall be jointly and severally bound by tha terms hereof. ADDITIONAL WAIVERS ADDENDUM. GUARANTOR IRREVOCCABLY WAIVES ANY AND ALL RIGHTS WHICH GUARANTOR, OR ANY OF THEM, MAY HAVE AT LAW OR IN EQUITY (WHETHER ARISING DIRECTLY OR INDIRECTLY BY OPERATION OF LAW OR CONTRACT) TO SEEK SUBROGATION, CONTRIBUTION, EXONERATION, INDEMNIFICATION OR ANY OTHER FORM OF REIMBURSEMENT FROM BORROWER, ANY OTHER GUARANTORS OR ANY OTHER PERSONS NOW OR HEREAFTER PRIMARILY OR SECONDARILY LIABLE FOR ANY OBLIGATIONS OF THE BORROWER TO LENDER OR FOR ANY PAYMENT MADE BY THE GUARANTOR HEREUNDER, TO AND IN CONNECTION WITH THIS GUARANTY OR OTHERWISE. THIS GUARANTY AND GUARANTOR'S PAYMENT OBILGATION HEREUNDER SHALL CONTINUE TO BE EFFECTIVE OR REINSTATED, AS THE CASE MAY BE, IF AT ANY TIME PAYMENT OF ANY OF THE OBLIGATIONS IS RESCINDED OR MUST BE OTHERWISE BE RESTORED OR RETURNED BY LENDER, ALL AS THOUGH SUCH PAYMENT HAD NOT BEEN MADE. LENDER'S GOOD FAITH DETERMINATION AS TO WHETHER A PAYMENT MUST BE RESTORED OR RETURNED SHALL BE BINDING ON GUARANTOR. CONFESSION OF JUDGMENT. Guarantor hereby inevoraUy authorizes and empowers any attorney or the Prothonotary or Clerk of any Court in the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Guarantor, and with or without complaint "GOT as of any term, confess or enter judgment against Guarantor for the entire principal balance of this Guaranty and all accrued interest, together with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued Interest for collection, but in any event not less than Five Hundred Dollars ($500); and for so doing, this Guaranty or a copy of this Guaranty verified by affidavit shall be sufficient warrant. The authority granted in this Guaranty In confess judgment against Guarantor shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of all amounts due under this Guaranty, EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED OCTOBER 26, 1990. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUARANTOR: X r u"tr.• (SEAL) Harry F. David Sig no an a vered in the presence oh Wd. ? X Q _..YJV'1.h0 Witness (BE Carol K. Davis INDIVIDUAL ACKNOWLEDGMENT STATE OF COUNTY OF ) SS On this, the day of 19 before me the undersigned Notary Public, personally appeared Harry F. Davis and Carol K. Davis, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary Public in and for the State of LPSER Pfle, Rep. US, Pet 6 T M, q1., Ver ] 35 )c)1998 CFI ProSarvlcas, Inc. All tlgIILL resarva].IPq'E20 OpV15GRE.LN CSLOVLI EXHIBIT "D" T CT NO. 1: ALL the following described real estate lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an existing railroad spike in Township Route 4330 at confer of other lands now or formerly of Hatay F. Davis and Carol K. Davis; thence by said other lands now or formerly of Davis North forty-five (45) degrees seventeen (17) minutes twenty-one (21) seconds East four hundred 'fifty-three and twenty-one hundredths (453.21) feet to an iron pin; thence by the same, North thirty-four (34) degrees fourteen (14) minutes five (05) seconds East three hundred sixty-four and three hundredths (364,03) feet to an iron pill; thence by the same, South forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds East three hundred one and fifty-five hundredtls (301.55) feet to an iron pin; thence by the same, South forty-five (45) degrees one (01) minute twenty-four (24) seconds West one hundred seventy-five and eighty-two hundredths (175.82) feet to an iron pin; thence by the same, North forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds West two hundred forty-two and six tenths (242.6) feet to an iron pin; thence continuing by the same, South thirty-four (34) degrees fourteen (14) minutes five (05) seconds West one hundred eighty-two and seven tenths (182.7) feet to an iron pin; thence by the same, South forty- five (45) degrees seventeen (17) minutes twenty-one (21) seconds West four hundred fifty-three and twenty-one hundredths (453.21) feet to a railroad spike in Township Route #330; thence with Township Route u330 North forty-three (43) degrees forty-sever. (47) minutes thirty-eight (38) seconds West twenty-five (25) feet to an existing railroad spike in the place of beginning. BEING Lot 1, CONTAINING 1.5143 acres, as shown on draft of survey prepared by Carl D. Bert, dated January 4, 1978, recorded in Cumberland County, Pennsylvania, Plan Book 34, at Page 22, ALSO BEING a part of the same which Harry F. Davis and Carol K Davis, husband and wife, by their deed dated January 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Volume 33, at Page 133, granted and conveyed to Harry F. Davis and Carol K. Davis, husband and wife, grantors herein. TRACT NO. 2: ALL that certain tract of land lying and being situate in South Newton Township, Cunnberland County, Pennsylvania, bounded and described as follows: BEGINNING at all existing railroad spike in the centerline of Township Route #330; thence along lands now or formerly of Wayne z. and Susan Shirk, North twenty-nine (29) degrees fifty-two (52) minutes forty-five (45) seconds East, eight hundred sixty-two and nineteen hundredths (862.19) feet to a set iron pin at the comer of lands now or formerly of Wayne Z. and Susan Shirk and lands now or formerly of P.uul_11 and Harry G. Hock; thence along the said lands of Paul H. and Harry G. Hock, South fort-y-&6'(45) degrees eleven (11) minutes fifty-five (55) seconds East, four hundred fifty-seven and fifty hundredths (457,50) feet to a set iron pin; thence along Lot No. 5, more fully described on the hereinafter mentioned Subdivision Plan, South forty-four (44 ) degrees forty-eight (48) minutes five (05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No. 1, more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (1 1) minutes fifty-five (55) seconds West, tluee hundred one and fifty-five hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West, three hundred sixty-four and three hundredths (364.03) feet to an existing iron pin; thence continuing with the same, South forty-five (45) degrees three (03) minutes fifty-three (53) seconds West, four hundred fifty and fifty-three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route #330, the point and place of BEGINNING. BEING Lot No. IA and containing a net iot area of 2.0043 acres as more fully described on a Subdivision Plan entitled "Lot Additions for Harry F. Davis", prepared by John R. Kissinger, R.S„ dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, easements, notations and restrictions as more fully set forth on record. ALSO BEING Part of the same real estate that David L. Mays and Wanda L. Mays, by their deed dated September, 4, 1987, and recorded September 17, i 987, in Cumberland County Deed Book "Y", Volume 32, at Page 22, conveyed to harry F. and Carol K. Davis, husband and wife, the Grantors herein. VERIFICATION I, Lorie M. Heckman, Credit Recovery Officer, and duly authorized representative of Farmers and Merchants Trust Company of Chambersburg, deposes and says subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to her information and belief. 1 Jl? on M. HeN?n C red t Recovery Officer N ? ? O C d F 0 t.. SHERIFF'S RETURN - REGULAR .ASE NO: 2002-04182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST CO VS DAVIS HARRY F ET AL Sheriff or Deputy Sheriff of JASON VIORAI to law, Cumberland County,Pennsylvania, who being duly sworn according was served upon says, the within COMPLAINT & NOTICE the DAVIS HARRY F of September, 2002 L on the 4th day 1.--- DEFENDANT at 1834:00 HOURS, DE at at 115 HAMMOND ROAD by handing to SHIPPENSBURG, PA 17257 S` CAROL DAVIS, WIFE .A` together with a true and attested copy of COMPLAINT & NOTICE true ` and at the same time directing Her attention to the contents thereof. at th So Answers: Sheriff's Costs: 18.00 Co. Docketing 10.35 Service .00 Affidavit 10.00 R. Thomas Kline surcharge 00 ?3835 oAMES/SMITH DURKIN CONNELLY By: Sworn and Subscribed to before i me this day of 1l? L _ A. D. ? othonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-04182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST CO VS DAVIS HARRY F ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS CAROLE K DEFENDANT the at 1834:00 HOURS, on the 4th day of September, 2002 at 115 HAMMOND ROAD SHIPPENSBURG, PA 17257 by handing to CAROL DAVIS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service 6.00 Affidavit 00 Surcharge .00 10.00 .00 16.00 Sworn and Subscribed to before me, ?this //j5 day of 1"4 - °2_ A.D. ?7 7 o 2Qi r othonotar So Answers: R. Thomas Kline 09/06/2002 JAMES SMITH DURKIN CONNELLY By. De ty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-04182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST CO VS DAVIS HARRY F ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS HARRY F the DEFENDANT , at 1834:00 HOURS, on the 4th day of September, 2002 at 115 HAMMOND ROAD SHIPPENSBURG, PA 17257 by handing to CAROL DAVIS, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 ?r 10.35 ??•,? ?,rp .00 f 10.00 R. Thomas Kline .00 38.35 09/06/2002 JAMES SMITH DURKIN CONNELLY Sworn and Subscribed to before By: me this day of (w -7ao,.2. A. D. othonotary ' IN THE COURT OF CCHMON PLEAS OF C[ K3ERLAND 000NPY, PE iMMVANIA Farmers and Merchants Trust Company of Chambersburg v Plaintiff Harry F. Davis and Carol K. Davis Defendants TO THE PROTHONOTARY OF THE SAID COURT: CIVIL DIVISION File No. 02-4182 Civil Amount Due $168,899.18 Interest from 2/26/02 to 15,665.10 date of sa e a ay Atty's Comm . Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) _See Exhibit "A" attached PRAECIPE FOR ATTA(HmENT ExEcu 'ION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy.personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). real estate of the defendant(s) described in the attached (Indicate) Index this writ against the garnishXAietterick/ li ndens against DATE: Signature: Print Name: ScoEsquire James Address: P O BoxS650t,,Hershey PACo17033y ___ LLP Attorney for: Plaintiff Telephone: (717) 533 -3280 Supreme Court ID No.: 55650 1 LEGAL DESCRIPTION Tract No.1 ALL the following described real estate lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an existing railroad spike in Township Route #330 at corner of other lands now or formerly of Harry F. Davis and Carol K. Davis; thence by said other lands now or formerly of Davis North forty-five (45) degrees Seventeen (17) minutes twenty-one (21) seconds East four hundred fifty-three and twenty-one hundredths (453.21) feet to an iron pin thence by the same North thirty-four (34) degrees fourteen (14) minutes five (05) seconds East three hundred sixty-four and three hundredths (364.03) feet to an iron pin; thence by the same, South forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds East three hundred one and fifty-five hundredths (301.55) feet to an iron pin; thence by the same, South forty-five (45) degrees one (01) minute twenty-four seconds West one hundred seventy-five and eighty-two hundredths (175.82) feet to an iron pin; thence by the same, North forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds West two hundred forty-two and six tenths (242.6) feet to an iron pin; thence continuing by the same, South thirty-four (34) degrees fourteen (14) minutes five (05) seconds West one hundred eighty-two and seven tenths (182.7) feet to an iron pin; thence by the same, South forty-five (45) degrees seventeen (17) minutes twenty-one (21) seconds West four hundred fifty-three and twenty-one hundredths (453.21) feet to a railroad spike in Township Route #330; thence with Township Route #330 North forty-three (43) degrees forty-seven (47) minutes thirty-eight (38) seconds West twenty-five (25) feet to an existing railroad spike in the place of beginning. BEING Lot 1, CONTAINING 1.5143 acres, as shown on draft of survey prepared by Carl D. Bert, dated January 4, 1978, recorded in Cumberland County, Pennsylvania, Plan Book 34, at Page 22. ALSO BEING a part of the same which Harry F. Davis and Carol K. Davis, husband and wife, by their deed dated January 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Volume 33, at Page 133, granted and conveyed to Harry F. Davis and Carol K. Davis, husband and wife, grantors herein. Tract No. 2 ALL that certain tract of land lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of Township Route #330; thence along lands now or formerly of Wayne Z. and Susan Shirk, North twenty- nine (29) degrees fifty-two (52) minutes forty-five (45) seconds East, eight hundred sixty- two and nineteen hundredths (862.19) feet to a set iron pin at the corner of lands now or formerly of Wayne Z. and Susan Shirk and lands now or formerly of Paul H. and Harry G. Hock; thence along the said lands of Paul H. and Harry G. Hock, South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East, four hundred fifty-seven and fifty hundredths (457.50) feet to a set iron pin; thence along Lot No. 5, more fully described on the hereinafter mentioned Subdivision Plan, South forty-four (44) degrees forty-eight (48) minutes five (05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No. 1, more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds West, three hundred one and fifty-five hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West; three hundred sixty-four and three hundredths (364.03) feet to an existing iron pin; thence continuing with the same, South forty-five (45) degrees three (03) minutes fifty-three (53) seconds West, four hundred fifty and fifty-three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route #330, the point and place of BEGINNING. BEING Lot No. 1 A and containing a net lot area of 2.0043 acres as more fully described on a Subdivision Plan entitled "Lot Additions for Harry F. Davis", prepared by John R. Kissinger, R. S., dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, easements, notation and restrictions as more fully set forth on record. ALSO BEING part of the same real estate that David L. Mays and Wanda L. Mays, by their deed dated September 4, 1987, and recorded September 17, 1987, in Cumberland County Deed Book "Y", Volume 32, at Page 22, conveyed to Harry F. and Carol K. Davis, husband and wife, the Grantors herein. HAVING thereon erected a dwelling known as 115 Hammond Rd., Shippensburg, PA 17257. BEING the same premises which Harry F. Davis and Carol K. Davis, husband and wife, by their Deed dated November 14, 1997 and recorded on December 5, 1997, in and for Cumberland County, in Deed Book Volume 168, Page 1081, granted and conveyed unto Harry F. Davis and Carol K. Davis, husband and wife, as tenants by the entirety. Map 41-12-0324, Parcel 008 Exhibit "A" n t VU C - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4182 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FARMERS AND MERCHANTS TR. CO. OF CHAMBERSBURG Plaintiff (s) From HARRY F. and CAROL K. DAVIS, 115 HAMMOND ROAD, SHIPPENSBURG PA 17257. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 115 HAMMOND ROAD, SHIPPENSBURG PA 17257 (SEE ATTACHED LEGAL DESCRIPTON). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $168,899.18 Interest 2/26/02 TO 6/11/03 @ $33.33 per deim Atty's Comm % Atty Paid $131.35 Plaintiff Paid L.L. .50 $15,665.10 Due Prothy $1.00 Other Costs Date: 2/21/03 (Seal) REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQ. Address: P O BOX 650 HERSHEY PA 17033 Attorney for: PLAINTIFF CURTIS R. LONG Prothy tary By: 4ty Telephone: (717) 533-3280 Supreme Court ID No. 55650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS CIVIL DIVISION TRUST COMPANY OF CHAMBERSBURG, Plaintiff, VS. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. NO.: 02-4182 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Farmers and Merchants Trust Company of Chambersburg, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 115 Hammond Rd., Shippensburg, Cumberland County, Pennsylvania 17257: 1. Name and Address of Owner(s) or Reputed Owner(s): HARRY F. DAVIS 115 Hammond Road Shippensburg, PA 17257 CAROL K. DAVIS 115 Hammond Road Shippensburg, PA 17257 2. Name and Address of Defendant(s) in the Judgment: HARRY F. DAVIS 115 Hammond Road Shippensburg, PA 17257 CAROL K. DAVIS 115 Hammond Road Shippensburg, PA 17257 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: FARMERS AND MERCHANTS Plaintiff TRUST COMPANY OF CHAMBERSBURG PNC BANK, N.A. PNC BANK, N.A. One PNC Plaza, 21St F. 249 Fifth Ave. Pittsburgh, PA 15222 4242 Carlisle Pike Camp Hill, PA 17011 4. Name and Address of the last record holder of every mortgage of record: FARMERS AND MERCHANTS Plaintiff TRUST COMPANY OF CHAMBERSBURG 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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 Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAME' DATED: 7. j /03 BY: Y LLP Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 !? ? } ,, , r='::: ._. -? ?- = IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS CIVIL DIVISION TRUST COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 02-4182 Civil vs. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Harry F. Davis 115 Hammond Rd. Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, June 11, 2003, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 115 Hammond Road Shippensburg, PA 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 02-4182 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Harry F. Davis and Carol K. Davis A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, DATED: } /0-35 BY: CONNELLY LLP Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFEED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Pa. I.D. #55650 LEGAL DESCRIPTION Tract No. I ALL the following described real estate lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an existing railroad spike in Township Route #330 at corner of other lands now or formerly of Harry F. Davis and Carol K. Davis; thence by said other lands now or formerly of Davis North forty-five (45) degrees Seventeen (17) minutes twenty-one (21) seconds East four hundred fifty-three and twenty-one hundredths (453.21) feet to an iron pin thence by the same North thirty-four (34) degrees fourteen (14) minutes five (05) seconds East three hundred sixty-four and three hundredths (364.03) feet to an iron pin; thence by the same, South forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds East three hundred one and fifty-five hundredths (301.55) feet to an iron pin; thence by the same, South forty-five (45) degrees one (01) minute twenty-four seconds West one hundred seventy-five and eighty-two hundredths (175.82) feet to an iron pin; thence by the same, North forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds West two hundred forty-two and six tenths (242.6) feet to an iron pin; thence continuing by the same, South thirty-four (34) degrees fourteen (14) minutes five (05) seconds West one hundred eighty-two and seven tenths (182.7) feet to an iron pin; thence by the same, South forty-five (45) degrees seventeen (17) minutes twenty-one (21) seconds West four hundred fifty-three and twenty-one hundredths (453.21) feet to a railroad spike in Township Route #330; thence with Township Route 9330 North forty-three (43) degrees forty-seven (47) minutes thirty-eight (38) seconds West twenty-five (25) feet to an existing railroad spike in the place of beginning. BEING Lot 1, CONTAINING 1.5143 acres, as shown on draft of survey prepared by Carl D. Bert, dated January 4, 1978, recorded in Cumberland County, Pennsylvania, Plan Book 34, at Page 22. ALSO BEING a part of the same which Harry F. Davis and Carol K. Davis, husband and wife, by their deed dated January 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Volume 33, at Page 133, granted and conveyed to Harry F. Davis and Carol K. Davis, husband and wife, grantors herein. Tract No. 2 ALL that certain tract of land lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of Township Route #330; thence along lands now or formerly of Wayne Z. and Susan Shirk, North twenty- nine (29) degrees fifty-two (52) minutes forty-five (45) seconds East, eight hundred sixty- two and nineteen hundredths (862.19) feet to a set iron pin at the comer of lands now or formerly of Wayne Z. and Susan Shirk and lands now or formerly of Paul H. and Harry G. Hock; thence along the said lands of Paul H. and Harry G. Hock, South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East, four hundred fifty-seven and fifty hundredths (457.50) feet to a set iron pin; thence along Lot No. 5, more fully described on the hereinafter mentioned Subdivision Plan, South forty-four (44) degrees forty-eight (48) minutes five (05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No. 1, more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds West, three hundred one and fifty-five hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West; three hundred sixty-four and three hundredths (364.03) feet to an existing iron pin; thence continuing with the same, South forty-five (45) degrees three (03) minutes fifty-three (53) seconds West, four hundred fifty and fifty-three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route #330, the point and place of BEGINNING. BEING Lot No. lA and containing a net lot area of 2.0043 acres as more fully described on a Subdivision Plan entitled "Lot Additions for Harry F. Davis", prepared by John R. Kissinger, R. S., dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, easements, notation and restrictions as more fully set forth on record. ALSO BEING part of the same real estate that David L. Mays and Wanda L. Mays, by their deed dated September 4, 1987, and recorded September 17, 1987, in Cumberland County Deed Book "Y", Volume 32, at Page 22, conveyed to Harry F. and Carol K. Davis, husband and wife, the Grantors herein. HAVING thereon erected a dwelling known as 115 Hammond Rd., Shippensburg, PA 17257. BEING the same premises which Harry F. Davis and Carol K. Davis, husband and wife, by their Deed dated November 14, 1997 and recorded on December 5, 1997, in and for Cumberland County, in Deed Book Volume 168, Page 1081, granted and conveyed unto Harry F. Davis and Carol K. Davis, husband and wife, as tenants by the entirety. Map 41-12-0324, Parcel 008 Exhibit "A" ? ;: `? . _?, -, ??'?'; - --_ J - .? __ ( ' ._ r' , !'" ; ; . . ?_1 ., tt:J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS CIVIL DIVISION TRUST COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 02-4182 Civil VS. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Carol K. Davis 115 Hammond Rd. Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, June 11, 2003, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 115 Hammond Road Shippensburg, PA 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 02-4182 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Harry F. Davis and Carol K. Davis A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES DATED: z/ I 1 0 BY: P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LLP VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Pa. I.D. #55650 Attorneys for Plaintiff LEGAL DESCRIPTION Tract No. I ALL the following described real estate lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an existing railroad spike in Township Route #330 at corner of other lands now or formerly of Harry F. Davis and Carol K. Davis; thence by said other lands now or formerly of Davis North forty-five (45) degrees Seventeen (17) minutes twenty-one (21) seconds East four hundred fifty-three and twenty-one hundredths (453.21) feet to an iron pin thence by the same North thirty-four (34) degrees fourteen (14) minutes five (05) seconds East three hundred sixty-four and three hundredths (364.03) feet to an iron pin; thence by the same, South forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds East three hundred one and fifty-five hundredths (301.55) feet to an iron pin; thence by the same, South forty-five (45) degrees one (01) minute twenty-four seconds West one hundred seventy-five and eighty-two hundredths (175.82) feet to an iron pin; thence by the same, North forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds West two hundred forty-two and six tenths (242.6) feet to an iron pin; thence continuing by the same, South thirty-four (34) degrees fourteen (14) minutes five (05) seconds West one hundred eighty-two and seven tenths (182.7) feet to an iron pin; thence by the same, South forty-five (45) degrees seventeen (17) minutes twenty-one (21) seconds West four hundred fifty-three and twenty-one hundredths (453.21) feet to a railroad spike in Township Route #330; thence with Township Route #330 North forty-three (43) degrees forty-seven (47) minutes thirty-eight (38) seconds West twenty-five (25) feet to an existing railroad spike in the place of beginning. BEING Lot 1, CONTAINING 1.5143 acres, as shown on draft of survey prepared by Carl D. Bert, dated January 4, 1978, recorded in Cumberland County, Pennsylvania, Plan Book 34, at Page 22. ALSO BEING a part of the same which Harry F. Davis and Carol K. Davis, husband and wife, by their deed dated January 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Volume 33, at Page 133, granted and conveyed to Harry F. Davis and Carol K. Davis, husband and wife, grantors herein. Tract No. 2 ALL that certain tract of land lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of Township Route #330; thence along lands now or formerly of Wayne Z. and Susan Shirk, North twenty- nine (29) degrees fifty-two (52) minutes forty-five (45) seconds East, eight hundred sixty- two and nineteen hundredths (862.19) feet to a set iron pin at the corner of lands now or formerly of Wayne Z. and Susan Shirk and lands now or formerly of Paul H. and Harry G. Hock; thence along the said lands of Paul H. and Harry G. Hock, South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East, four hundred fifty-seven and fifty hundredths (457.50) feet to a set iron pin; thence along Lot No. 5, more fully described on the hereinafter mentioned Subdivision Plan, South forty-four (44) degrees forty-eight (48) minutes five (05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No. 1, more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds West, three hundred one and fifty-five hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West; three hundred sixty-four and three hundredths (364.03) feet to an existing iron pin; thence continuing with the same, South forty-five (45) degrees three (03) minutes fifty-three (53) seconds West, four hundred fifty and fifty-three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route #330, the point and place of BEGINNING. BEING Lot No. 1 A and containing a net lot area of 2.0043 acres as more fully described on a Subdivision Plan entitled "Lot Additions for Harry F. Davis", prepared by John R. Kissinger, R. S., dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, easements, notation and restrictions as more fully set forth on record. ALSO BEING part of the same real estate that David L. Mays and Wanda L. Mays, by their deed dated September 4, 1987, and recorded September 17, 1987, in Cumberland County Deed Book "Y", Volume 32, at Page 22, conveyed to Harry F. and Carol K. Davis, husband and wife, the Grantors herein. HAVING thereon erected a dwelling known as 115 Hammond Rd., Shippensburg, PA 17257. BEING the same premises which Harry F. Davis and Carol K. Davis, husband and wife, by their Deed dated November 14, 1997 and recorded on December 5, 1997, in and for Cumberland County, in Deed Book Volume 168, Page 1081, granted and conveyed unto Harry F. Davis and Carol K. Davis, husband and wife, as tenants by the entirety. Map 41-12-0324, Parcel 008 Exhibit "A" f '; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 02-4182 Civil VS. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. ISSUE NO.: TYPE OF PLEADING: Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Farmers and Merchants Trust Company of Chambersburg, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 02-4182 Civil Term VS. HARRY F. DAVIS and CAROL K. DAVIS, : Defendants. Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Farmers and Merchants Trust Company of Chambersburg, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendants/Owners and Other Parties of Interest as follows: Defendants, Harry F. Davis and Carol K. Davis, are the record owners of the real property. 2. On or about March 31, 2003, Defendants, Harry F. Davis and Carol K. Davis were served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of the mortgaged premises, being 115 Hammond road, Shippensburg, Pennsylvania 17257. True and correct copies of said Notices and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about March 19, 2003, Plaintiff's counsel served all other parties in interest with Plaintiff s Notice of Sheriff s Sale according to Plaintiff s Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAMES SMYSOWA TRICK & CONNELLY LLP Dated: U BY: _ --kWA Scott A. etteric,Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this C « day of , 2003. Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL LIC PUB ?k MICHELS??W?OD&UPHIN COUNT" 1 HUMME MY COMMISSION EXPIRES JUNE 9, 200 ,? EXHIBIT "All Farmers and Merchants Trust Company In The Court of Common Pleas of Of Chambersburg Cumberland County, Pennsylvania VS Writ No. 2002-4182 Civil Term Harry F. Davis and Carol K. Davis Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on March 31, 2003 at 8:35 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Harry F. Davis, by making known unto Harry Davis, personally, at 115 Hammond Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on March 31, 2003 at 8:35 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Carol K. Davis, by making known unto Harry Davis, husband of defendant, at 115 Hammond Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 10, 2003 at 10:50 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Harry F. Davis and Carol K. Davis located at 115 Hammond Rd., Shippensburg, 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: Carol K. Davis, by regular mail to her last known address of 115 Hammond Road, Shippensburg, PA 17257. This letter was mailed under the date of April 07, 2003 and never returned to the Sheriffs Office. 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: Harry F. Davis, by regular mail to his last known address of 115 Hammond Road, Shippensburg, PA 17257. This letter was mailed under the date of April 07, 2003 and never returned to the Sheriffs Office. Sworn and subscribed to before me This day of 2003, A.D._ Prothonotary f4010-? Thomas Kline, Sheriff BY Real Estat Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS CIVIL DIVISION TRUST COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 02-4182 Civil VS. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Harry F. Davis 115 Hammond Rd. Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, June 11, 2003, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 115 Hammond Road Shippensburg, PA 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 02-4182 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Harry F. Davis and Carol K. Davis A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TRVIE AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITIJ, DURK .%i* CONNELLY LLP DATED: Z l /03 BY: Scott At Di6tfenck, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIEL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION Tract No.1 ALL the following described real estate lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an existing railroad spike in Township Route #330 at comer of other lands now or formerly of Harry F. Davis and Carol K. Davis; thence by said other lands now or formerly of Davis North forty-five (45) degrees Seventeen (17) minutes twenty-one (21) seconds East four hundred fifty-three and twenty-one hundredths (453.21) feet to an iron pin thence by the same North thirty-four (34) degrees fourteen (14) minutes five (05) seconds East three hundred sixty-four and three hundredths (364.03) feet to an iron pin; thence by the same, South forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds East three hundred one and fifty-five hundredths (301.55) feet to an iron pin; thence by the same, South forty-five (45) degrees one (01) minute twenty-four seconds West one hundred seventy-five and eighty-two hundredths (175.82) feet to an iron pin; thence by the same, North forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds West two hundred forty-two and six tenths (242.6) feet to an iron pin; thence continuing by the same, South thirty-four (34) degrees fourteen (14) minutes five (05) seconds West one hundred eighty-two and seven tenths (182.7) feet to an iron pin; thence by the same, South forty-five (45) degrees seventeen (17) minutes twenty-one (21) seconds West four hundred fifty-three and twenty-one hundredths (453.21) feet to a railroad spike in Township Route #330; thence with Township Route 4330 North forty-three (43) degrees forty-seven (47) minutes thirty-eight (38) seconds West twenty-five (25) feet to an existing railroad spike in the place of beginning. BEING Lot 1, CONTAINING 1.5143 acres, as shown on draft of survey prepared by Carl D. Bert, dated January 4, 1978, recorded in Cumberland County, Pennsylvania, Plan Book 34, at Page 22. ALSO BEING a part of the same which Harry F. Davis and Carol K. Davis, husband and wife, by their deed dated January 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Volume 33, at Page 133, granted and conveyed to Harry F. Davis and Carol K. Davis, husband and wife, grantors herein. Tract No. 2 ALL that certain tract of land lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of Township Route #330; thence along lands now or formerly of Wayne Z. and Susan Shirk, North twenty- nine (29) degrees fifty-two (52) minutes forty-five (45) seconds East, eight hundred sixty- two and nineteen hundredths (862.19) feet to a set iron pin at the comer of lands now or formerly of Wayne Z. and Susan Shirk and lands now or formerly of Paul H. and Harry G. Hock; thence along the said lands of Paul H. and Harry G. Hock, South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East, four hundred fifty-seven and fifty hundredths (457.50) feet to a set iron pin; thence along Lot No. 5, more fully described on the hereinafter mentioned Subdivision Plan, South forty-four (44) degrees forty-eight (48) minutes five (05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No. 1, more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds West, three hundred one and fifty-five hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West; three hundred sixty-four and three hundredths (364.03) feet to an existing iron pin; thence continuing with the same, South forty-five (45) degrees three (03) minutes fifty-three (53) seconds West, four hundred fifty and fifty-three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route #330, the point and place of BEGINNING. BEING Lot No. 1A and containing a net lot area of 2.0043 acres as more fully described on a Subdivision Plan entitled "Lot Additions for Harry F. Davis", prepared by John R. Kissinger, R. S., dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, easements, notation and restrictions as more fully set forth on record. ALSO BEING part of the same real estate that David L. Mays and Wanda L. Mays, by their deed dated September 4, 1987, and recorded September 17, 1987, in Cumberland County Deed Book "Y", Volume 32, at Page 22, conveyed to Harry F. and Carol K. Davis, husband and wife, the Grantors herein. HAVING thereon erected a dwelling known as 115 Hammond Rd., Shippensburg, PA 17257. BEING the same premises which Harry F. Davis and Carol K. Davis, husband and wife, by their Deed dated November 14, 1997 and recorded on December 5, 1997, in and for Cumberland County, in Deed Book Volume 168, Page 1081, granted and conveyed unto Harry F. Davis and Carol K. Davis, husband and wife, as tenants by the entirety. Map 41-12-0324, Parcel 008 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS CIVIL DIVISION TRUST COMPANY OF CHAMBERSBURG, Plaintiff, VS. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. NO.: 02-4182 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Carol K. Davis 115 Hammond Rd. Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, June 11, 2003, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 115 Hammond Road Shippensburg, PA 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 02-4182 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Harry F. Davis and Carol K. Davis A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMEIL DATED: BY: -e / ? I to -D Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ' LLP VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Pa. I.D. #55650 LEGAL DESCRIPTION Tract No. I ALL the following described real estate lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an existing railroad spike in Township Route #330 at comer of other lands now or formerly of Harry F. Davis and Carol K. Davis; thence by said other lands now or formerly of Davis North forty-five (45) degrees Seventeen (17) minutes twenty-one (21) seconds East four hundred fifty-three and twenty-one hundredths (453.21) feet to an iron pin thence by the same North thirty-four (34) degrees fourteen (14) minutes five (05) seconds East three hundred sixty-four and three hundredths (364.03) feet to an iron pin; thence by the same, South forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds East three hundred one and fifty-five hundredths (301.55) feet to an iron pin; thence by the same, South forty-five (45) degrees one (01) minute twenty-four seconds West one hundred seventy-five and eighty-two hundredths (175.82) feet to an iron pin; thence by the same, North forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds West two hundred forty-two and six tenths (242.6) feet to an iron pin; thence continuing by the same, South thirty-four (34) degrees fourteen (14) minutes five (05) seconds West one hundred eighty-two and seven tenths (182.7) feet to an iron pin; thence by the same, South forty-five (45) degrees seventeen (17) minutes twenty-one (21) seconds West four hundred fifty-three and twenty-one hundredths (453.21) feet to a railroad spike in Township Route #330; thence with Township Route #330 North forty-three (43) degrees forty-seven (47) minutes thirty-eight (38) seconds West twenty-five (25) feet to an existing railroad spike in the place of beginning. BEING Lot 1, CONTAINING 1.5143 acres, as shown on draft of survey prepared by Carl D. Bert, dated January 4, 1978, recorded in Cumberland County, Pennsylvania, Plan Book 34, at Page 22. ALSO BEING a part of the same which Harry F. Davis and Carol K. Davis, husband and wife, by their deed dated January 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Volume 33, at Page 133, granted and conveyed to Harry F. Davis and Carol K. Davis, husband and wife, grantors herein. Tract No. 2 ALL that certain tract of land lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of Township Route #330; thence along lands now or formerly of Wayne Z. and Susan Shirk, North twenty- nine (29) degrees fifty-two (52) minutes forty-five (45) seconds East, eight hundred sixty- two and nineteen hundredths (862.19) feet to a set iron pin at the comer of lands now or formerly of Wayne Z. and Susan Shirk and lands now or formerly of Paul H. and Harry G. Hock; thence along the said lands of Paul H. and Harry G. Hock, South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East, four hundred fifty-seven and fifty hundredths (457.50) feet to a set iron pin; thence along Lot No. 5, more fully described on the hereinafter mentioned Subdivision Plan, South forty-four (44) degrees forty-eight (48) minutes five (05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No. 1, more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds West, three hundred one and fifty-five hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West; three hundred sixty-four and three hundredths (364.03) feet to an existing iron pin; thence continuing with the same, South forty-five (45) degrees three (03) minutes fifty-three (53) seconds West, four hundred fifty and fifty-three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route #330, the point and place of BEGINNING. BEING Lot No. 1 A and containing a net lot area of 2.0043 acres as more fully described on a Subdivision Plan entitled "Lot Additions for Harry F. Davis", prepared by John R. Kissinger, R. S., dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, easements, notation and restrictions as more fully set forth on record. ALSO BEING part of the same real estate that David L. Mays and Wanda L. Mays, by their deed dated September 4, 1987, and recorded September 17, 1987, in Cumberland County Deed Book "Y", Volume 32, at Page 22, conveyed to Harry F. and Carol K. Davis, husband and wife, the Grantors herein. HAVING thereon erected a dwelling known as 115 Hammond Rd., Shippensburg, PA 17257. BEING the same premises which Harry F. Davis and Carol K. Davis, husband and wife, by their Deed dated November 14, 1997 and recorded on December 5, 1997, in and for Cumberland County, in Deed Book Volume 168, Page 1081, granted and conveyed unto Harry F. Davis and Carol K. Davis, husband and wife, as tenants by the entirety. Map 41-12-0324, Parcel 008 Exhibit "A" EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS CIVIL DIVISION TRUST COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 02-4182 Civil VS. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 11, 2003 at 10:00 a.m., the following described real estate which Harry F. Davis and Carol K. Davis, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of 115 Hammond Road Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, vs. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. at EX. NO. 02-4182 Civil in the amount of $168,899.18, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & CONNELIbY LLP Dated: By: Scott A. Die nc , Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION Tract No. 1 ALL the following described real estate lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an existing railroad spike in Township Route #330 at corner of other lands now or formerly of Harry F. Davis and Carol K. Davis; thence by said other lands now or formerly of Davis North forty-five (45) degrees Seventeen (17) minutes twenty-one (21) seconds East four hundred fifty-three and twenty-one hundredths (453.21) feet to an iron pin thence by the same North thirty-four (34) degrees fourteen (14) minutes five (05) seconds East three hundred sixty-four and three hundredths (364.03) feet to an iron pin; thence by the same, South forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds East three hundred one and fifty-five hundredths (301.55) feet to an iron pin; thence by the same, South forty-five (45) degrees one (01) minute twenty-four seconds West one hundred seventy-five and eighty-two hundredths (175.82) feet to an iron pin; thence by the same, North forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds West two hundred forty-two and six tenths (242.6) feet to an iron pin; thence continuing by the same, South thirty-four (34) degrees fourteen (14) minutes five (05) seconds West one hundred eighty-two and seven tenths (182.7) feet to an iron pin; thence by the same, South forty-five (45) degrees seventeen (17) minutes twenty-one (21) seconds West four hundred fifty-three and twenty-one hundredths (453.21) feet to a railroad spike in Township Route #330; thence with Township Route #330 North forty-three (43) degrees forty-seven (47) minutes thirty-eight (38) seconds West twenty-five (25) feet to an existing railroad spike in the place of beginning. BEING Lot 1, CONTAINING 1.5143 acres, as shown on draft of survey prepared by Carl D. Bert, dated January 4, 1978, recorded in Cumberland County, Pennsylvania, Plan Book 34, at Page 22. ALSO BEING a part of the same which Harry F. Davis and Carol K. Davis, husband and wife, by their deed dated January 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Volume 33, at Page 133, granted and conveyed to Harry F. Davis and Carol K. Davis, husband and wife, grantors herein. Tract No. 2 ALL that certain tract of land lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of Township Route #330; thence along lands now or formerly of Wayne Z. and Susan Shirk, North twenty- nine (29) degrees fifty-two (52) minutes forty-five (45) seconds East, eight hundred sixty- two and nineteen hundredths (862.19) feet to a set iron pin at the corner of lands now or formerly of Wayne Z. and Susan Shirk and lands now or formerly of Paul H. and Harry G. Hock; thence along the said lands of Paul H. and Harry G. Hock, South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East, four hundred fifty-seven and fifty hundredths (457.50) feet to a set iron pin; thence along Lot No. 5, more fully described on the hereinafter mentioned Subdivision Plan, South forty-four (44) degrees forty-eight (48) minutes five (05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No. 1, more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds West, three hundred one and fifty-five hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West, three hundred sixty-four and three hundredths (364.03) feet to an existing iron pin; thence continuing with the same, South forty-five (45) degrees three (03) minutes fifty-three (53) seconds West, four hundred fifty and fifty-three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route #330, the point and place of BEGINNING. BEING Lot No. 1A and containing a net lot area of 2.0043 acres as more fully described on a Subdivision Plan entitled "Lot Additions for Harry F. Davis", prepared by John R. Kissinger, R. S., dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, easements, notation and restrictions as more fully set forth on record. ALSO BEING part of the same real estate that David L. Mays and Wanda L. Mays, by their deed dated September 4, 1987, and recorded September 17, 1987, in Cumberland County Deed Book "Y", Volume 32, at Page 22, conveyed to Harry F. and Carol K. Davis, husband and wife, the Grantors herein. HAVING thereon erected a dwelling known as 115 Hammond Rd., Shippensburg, PA 17257. BEING the same premises which Harry F. Davis and Carol K. Davis, husband and wife, by their Deed dated November 14, 1997 and recorded on December 5, 1997, in and for Cumberland County, in Deed Book Volume 168, Page 1081, granted and conveyed unto Harry F. Davis and Carol K. Davis, husband and wife, as tenants by the entirety. Map 41-12-0324, Parcel 008 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, VS. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. CIVIL DIVISION NO.: 02-4182 Civil NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 11, 2003 at 10:00 a.m., the following described real estate which Harry F. Davis and Carol K. Davis, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of 115 Hammond Road Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, VS. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. at EX. NO. 02-4182 Civil in the amount of $168,899.18, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & CONNELLY LLP Datedi/o 7 By: /I Scott A. Dietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION Tract No.1 ALL the following described real estate lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an existing railroad spike in Township Route #330 at corner of other lands now or formerly of Harry F. Davis and Carol K. Davis; thence by said other lands now or formerly of Davis North forty-five (45) degrees Seventeen (17) minutes twenty-one (21) seconds East four hundred fifty-three and twenty-one hundredths (453.21) feet to an iron pin thence by the same North thirty-four (34) degrees fourteen (14) minutes five (05) seconds East three hundred sixty-four and three hundredths (364.03) feet to an iron pin; thence by the same, South forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds East three hundred one and fifty-five hundredths (301.55) feet to an iron pin; thence by the same, South forty-five (45) degrees one (01) minute twenty-four seconds West one hundred seventy-five and eighty-two hundredths (175.82) feet to an iron pin; thence by the same, North forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds West two hundred forty-two and six tenths (242.6) feet to an iron pin; thence continuing by the same, South thirty-four (34) degrees fourteen (14) minutes five (05) seconds West one hundred eighty-two and seven tenths (182.7) feet to an iron pin; thence by the same, South forty-five (45) degrees seventeen (17) minutes twenty-one (21) seconds West four hundred fifty-three and twenty-one hundredths (453.21) feet to a railroad spike in Township Route #330; thence with Township Route #330 North forty-three (43) degrees forty-seven (47) minutes thirty-eight (38) seconds West twenty-five (25) feet to an existing railroad spike in the place of beginning. BEING Lot 1, CONTAINING 1.5143 acres, as shown on draft of survey prepared by Carl D. Bert, dated January 4, 1978, recorded in Cumberland County, Pennsylvania, Plan Book 34, at Page 22. ALSO BEING a part of the same which Harry F. Davis and Carol K. Davis, husband and wife, by their deed dated January 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Volume 33, at Page 133, granted and conveyed to Harry F. Davis and Carol K. Davis, husband and wife, grantors herein. Tract No. 2 ALL that certain tract of land lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of Township Route #330; thence along lands now or formerly of Wayne Z. and Susan Shirk, North twenty- nine (29) degrees fifty-two (52) minutes forty-five (45) seconds East, eight hundred sixty- two and nineteen hundredths (862.19) feet to a set iron pin at the corner of lands now or formerly of Wayne Z. and Susan Shirk and lands now or formerly of Paul H. and Harry G. Hock; thence along the said lands of Paul H. and Harry G. Hock, South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East, four hundred fifty-seven and fifty hundredths (457.50) feet to a set iron pin; thence along Lot No. 5, more fully described on the hereinafter mentioned Subdivision Plan, South forty-four (44) degrees forty-eight (48) minutes five (05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No. 1, more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds West, three hundred one and fifty-five hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West, three hundred sixty-four and three hundredths (364.03) feet to an existing iron pin; thence continuing with the same, South forty-five (45) degrees three (03) minutes fifty-three (53) seconds West, four hundred fifty and fifty-three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route #330, the point and place of BEGINNING. BEING Lot No. lA and containing a net lot area of 2.0043 acres as more fully described on a Subdivision Plan entitled "Lot Additions for Harry F. Davis", prepared by John R. Kissinger, R. S., dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, easements, notation and restrictions as more fully set forth on record. ALSO BEING part of the same real estate that David L. Mays and Wanda L. Mays, by their deed dated September 4, 1987, and recorded September 17, 1987, in Cumberland County Deed Book "Y", Volume 32, at Page 22, conveyed to Harry F. and Carol K. Davis, husband and wife, the Grantors herein. HAVING thereon erected a dwelling known as 115 Hammond Rd., Shippensburg, PA 17257. BEING the same premises which Harry F. Davis and Carol K. Davis, husband and wife, by their Deed dated November 14, 1997 and recorded on December 5, 1997, in and for Cumberland County, in Deed Book Volume 168, Page 1081, granted and conveyed unto Harry F. Davis and Carol K. Davis, husband and wife, as tenants by the entirety. Map 41-12-0324, Parcel 008 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS CIVIL DIVISION TRUST COMPANY OF CHAIVIBERSBURG, Plaintiff, NO.: 02-4182 Civil vs. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: PNC Bank, N.A. One PNC Plaza, 21St Floor 249 Fifth Avenue Pittsburgh, PA 15222 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 11, 2003 at 10:00 a.m., the following described real estate which Harry F. Davis and Carol K. Davis, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of. 115 Hammond Road Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, VS. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. at EX. NO. 02-4182 Civil in the amount of $168,899.18, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & CONNELLYA.LP Dated: ° By: ScottA. ie to lick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION Tract No. 1 ALL the following described real estate lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an existing railroad spike in Township Route #330 at corner of other lands now or formerly of Harry F. Davis and Carol K. Davis; thence by said other lands now or formerly of Davis North forty-five (45) degrees Seventeen (17) minutes twenty-one (21) seconds East four hundred fifty-three and twenty-one hundredths (453.21) feet to an iron pin thence by the same North thirty-four (34) degrees fourteen (14) minutes five (05) seconds East three hundred sixty-four and three hundredths (364.03) feet to an iron pin; thence by the same, South forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds East three hundred one and fifty-five hundredths (301.55) feet to an iron pin; thence by the same, South forty-five (45) degrees one (01) minute twenty-four seconds West one hundred seventy-five and eighty-two hundredths (175.82) feet to an iron pin; thence by the same, North forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds West two hundred forty-two and six tenths (242.6) feet to an iron pin; thence continuing by the same, South thirty-four (34) degrees fourteen (14) minutes five (05) seconds West one hundred eighty-two and seven tenths (182.7) feet to an iron pin; thence by the same, South forty-five (45) degrees seventeen (17) minutes twenty-one (21) seconds West four hundred fifty-three and twenty-one hundredths (453.21) feet to a railroad spike in Township Route #330; thence with Township Route #330 North forty-three (43) degrees forty-seven (47) minutes thirty-eight (38) seconds West twenty-five (25) feet to an existing railroad spike in the place of beginning. BEING Lot 1, CONTAINING 1.5143 acres, as shown on draft of survey prepared by Carl D. Bert, dated January 4, 1978, recorded in Cumberland County, Pennsylvania, Plan Book 34, at Page 22. ALSO BEING a part of the same which Harry F. Davis and Carol K. Davis, husband and wife, by their deed dated January 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Volume 33, at Page 133, granted and conveyed to Harry F. Davis and Carol K. Davis, husband and wife, grantors herein. Tract No. 2 ALL that certain tract of land lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of Township Route #330; thence along lands now or formerly of Wayne Z. and Susan Shirk, North twenty- nine (29) degrees fifty-two (52) minutes forty-five (45) seconds East, eight hundred sixty- two and nineteen hundredths (862.19) feet to a set iron pin at the corner of lands now or formerly of Wayne Z. and Susan Shirk and lands now or formerly of Paul H. and Harry G. Hock; thence along the said lands of Paul H. and Harry G. Hock, South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East, four hundred fifty-seven and fifty hundredths (457.50) feet to a set iron pin; thence along Lot No. 5, more fully described on the hereinafter mentioned Subdivision Plan, South forty-four (44) degrees forty-eight (48) minutes five (05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No. 1, more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds West, three hundred one and fifty-five hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West, three hundred sixty-four and three hundredths (364.03) feet to an existing iron pin; thence continuing with the same, South forty-five (45) degrees three (03) minutes fifty-three (53) seconds West, four hundred fifty and fifty-three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route #330, the point and place of BEGINNING. BEING Lot No. 1A and containing a net lot area of 2.0043 acres as more fully described on a Subdivision Plan entitled "Lot Additions for Harry F. Davis", prepared by John R. Kissinger, R. S., dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, easements, notation and restrictions as more fully set forth on record. ALSO BEING part of the same real estate that David L. Mays and Wanda L. Mays, by their deed dated September 4, 1987, and recorded September 17, 1987, in Cumberland County Deed Book "Y", Volume 32, at Page 22, conveyed to Harry F. and Carol K. Davis, husband and wife, the Grantors herein. HAVING thereon erected a dwelling known as 115 Hammond Rd., Shippensburg, PA 17257. BEING the same premises which Harry F. Davis and Carol K. Davis, husband and wife, by their Deed dated November 14, 1997 and recorded on December 5, 1997, in and for Cumberland County, in Deed Book Volume 168, Page 1081, granted and conveyed unto Harry F. Davis and Carol K. Davis, husband and wife, as tenants by the entirety. Map 41-12-0324, Parcel 008 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS CIVIL DIVISION TRUST COMPANY OF CHAMBERSBURG, Plaintiff, VS. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. NO.: 02-4182 Civil NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: PNC Bank, N.A. 4242 Carlisle Pike Camp Hill, PA 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 11, 2003 at 10:00 a.m., the following described real estate which Harry F. Davis and Carol K. Davis, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of 115 Hammond Road Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, VS. HARRY F. DAVIS and CAROL K. DAVIS, Defendants. at EX. NO. 02-4182 Civil in the amount of $168,899.18, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & CONNELIJY LLP Dated: By: /n%wl Scott A. i _ enck, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION Tract No. 1 ALL the following described real estate lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an existing railroad spike in Township Route #330 at corner of other lands now or formerly of Harry F. Davis and Carol K. Davis; thence by said other lands now or formerly of Davis North forty-five (45) degrees Seventeen (17) minutes twenty-one (21) seconds East four hundred fifty-three and twenty-one hundredths (453.21) feet to an iron pin thence by the same North thirty-four (34) degrees fourteen (14) minutes five (05) seconds East three hundred sixty-four and three hundredths (364.03) feet to an iron pin; thence by the same, South forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds East three hundred one and fifty-five hundredths (301.55) feet to an iron pin; thence by the same, South forty-five (45) degrees one (01) minute twenty-four seconds West one hundred seventy-five and eighty-two hundredths (175.82) feet to an iron pin; thence by the same, North forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds West two hundred forty-two and six tenths (242.6) feet to an iron pin; thence continuing by the same, South thirty-four (34) degrees fourteen (14) minutes five (05) seconds West one hundred eighty-two and seven tenths (182.7) feet to an iron pin; thence by the same, South forty-five (45) degrees seventeen (17) minutes twenty-one (21) seconds West four hundred fifty-three and twenty-one hundredths (453.21) feet to a railroad spike in Township Route #330; thence with Township Route #330 North forty-three (43) degrees forty-seven (47) minutes thirty-eight (38) seconds West twenty-five (25) feet to an existing railroad spike in the place of beginning. BEING Lot 1, CONTAINING 1.5143 acres, as shown on draft of survey prepared by Carl D. Bert, dated January 4, 1978, recorded in Cumberland County, Pennsylvania, Plan Book 34, at Page 22. ALSO BEING a part of the same which Harry F. Davis and Carol K. Davis, husband and wife, by their deed dated January 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Volume 33, at Page 133, granted and conveyed to Harry F. Davis and Carol K. Davis, husband and wife, grantors herein. Tract No. 2 ALL that certain tract of land lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of Township Route #330; thence along lands now or formerly of Wayne Z. and Susan Shirk, North twenty- nine (29) degrees fifty-two (52) minutes forty-five (45) seconds East, eight hundred sixty- two and nineteen hundredths (862.19) feet to a set iron pin at the corner of lands now or formerly of Wayne Z. and Susan Shirk and lands now or formerly of Paul H. and Harry G. Hock; thence along the said lands of Paul H. and Harry G. Hock, South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East, four hundred fifty-seven and fifty hundredths (457.50) feet to a set iron pin; thence along Lot No. 5, more fully described on the hereinafter mentioned Subdivision Plan, South forty-four (44) degrees forty-eight (48) minutes five (05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No. 1, more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds West, three hundred one and fifty-five hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West, three hundred sixty-four and three hundredths (364.03) feet to an existing iron pin; thence continuing with the same, South forty-five (45) degrees three (03) minutes fifty-three (53) seconds West, four hundred fifty and fifty-three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route #330, the point and place of BEGINNING. BEING Lot No. IA and containing a net lot area of 2.0043 acres as more fully described on a Subdivision Plan entitled "Lot Additions for Harry F. Davis", prepared by John R. Kissinger, R. S., dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, easements, notation and restrictions as more fully set forth on record. ALSO BEING part of the same real estate that David L. Mays and Wanda L. Mays, by their deed dated September 4, 1987, and recorded September 17, 1987, in Cumberland County Deed Book "Y", Volume 32, at Page 22, conveyed to Harry F. and Carol K. Davis, husband and wife, the Grantors herein. HAVING thereon erected a dwelling known as 115 Hammond Rd., Shippensburg, PA 17257. BEING the same premises which Harry F. Davis and Carol K. Davis, husband and wife, by their Deed dated November 14, 1997 and recorded on December 5, 1997, in and for Cumberland County, in Deed Book Volume 168, Page 1081, granted and conveyed unto Harry F. Davis and Carol K. Davis, husband and wife, as tenants by the entirety. Map 41-12-0324, Parcel 008 Exhibit "A" r?A" I O z m w 0 O ? wr Of Zr _ ¢ N Ud U UlW L of `. OZ E T OK n uwi° m\ j n 2a ? F. - m o ? z O _ a R ? ww - ZQ ¢ m UW NW r- - " OZ O Q w w o " _ ? m ?a i J V i C l v ? tx O N A l6 M E LL a J U. 0 LL, of ? o P? < Z W C U z L-. a z y i ? FE w ¢m 00 inw ?; 'c' .. V 47 a m E L1 a9 w ¢ OZ E - N O a w0 ?w w? m- S N c ti r M O a S CL A C M E `o N J CL J 0 N m c ti M M E f -? N Farmers and Merchants Trust Company In the Court of Common Pleas of Of Chambersburg Cumberland County, Pennsylvania VS Writ No. 2002-4182 Civil Term Harry F. Davis and Carol K. Davis R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned STAYED pursuant to instructions from Attorney Scott Dietterick. Sheriff's Costs Docketing 30.00 Poundage 31.70 Posting Bills 30.00 Advertising 30.00 Mileage 20.70 Levy 30.00 Surcharge 40.00 Law Library .50 Prothonotary 1.00 Postpone Sale 20.00 Law Journal 795.50 Patriot News 562.00 Share of Bills 25.24 $ 1616.64 paid by attorney 9/8/03 Sworn and subscribed to before me So Answg -to day of R. Thomas Kline, Sheriff 2003, A.D. f? 77tcGee,. ,/ BY J YLI V? Prothonotary Real Es e Deputy t ,?c {ryapa? pG v, /Ya 0 31, Real Estate Sale # 53 On March 14, 2003 the sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, PA known and numbered as 115 Hammond Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2003 By: lt>cl Real Estate Deputy (Ft CUD lrsr'i 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: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a .legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 53 ?- Writ No. 2002-4182 Civil )sauM- Farmers and Merchants Trust Company of Chambersburg VS. SWORN TO AND SUBSCRIBED before me this Harry F. Davis and 9 -day of MAY, 2003 Carol K. Davis Atty.: Scott Dietterick LEGAL DESCRIPTION EXHIBIT "A" Tract No. 1 ALL the following described real estate lying and being situate in South Newton Township, bov bard land County. Pennyl and limited as follows: BEQJNNING at an existing rail- road spike 1, Township Route #330 at corner of other lands now or? imarB- merly of Har+Y F• °°"'? ct•aT r45rcfi y?( -A., t4hear, now 5) de rty re0 gree S2§lntsec nld fo minutes twen dr d gfty-thr2 d (4 -on 11 East four hun dredths (453• same twenty-one h thence by tC Tour- to all all _S U a t (051 sea°stda 6 East(tlue t ethe hs a 36 031 "t to tlnet oriuPan X441 de (36) see- fay S ut X581 minutes h',aredl°551 `t ods E?iedths t ?e Oll anvjron 4 qyl deRF? West to e outhtotly_h tour seco?detQty-e 'L to On mtnute er d s en 621 fee '.° - VOC tiWO ur, dyean e ?L e econds W stx iron 4 sv;l361 ?qro and 4in•. tOUtes tt+iriyd tOrty?, ire to garpe. t two b C l2 2 61 tutnb b d grew Copds tentnC p,Ot tour (due (091 o and eil'?. at'ot? C LASE:. + : r? l,„3t ,^ h1y Cc:r::ni50M E*__ doh 5, onds East three hunarea ouc d fifty-five hundredths (301.55) feet to an iron pin; thence by the same, South forty-five (45) degrees one (01) minute twenty-four seconds West one hundred seventy-five and eighty- two hundredths (175.82) feet to an iron pin; thence by the same, North forty-four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds West two hundred forty-two and six tenths (242.6) feet to an iron pin; thence continuing by the same, South thirty-four (34) degrees four- teen (14) minutes five (05) seconds West one hundred eighty-two and seven tenths (182.7) feet to an iron pin: thence by the same. South forty-five (45) degrees seventeen (17) minutes twenty-one (21) seconds West four hundred fifty-three and twenty-one hundredths (453.21) feet to a railroad spike in Township Route #330; thence with Township Route #330 North forty-three (43) degrees forty-seven (47) minutes thirty-eight (38) seconds West twen- ty-five (25) feet to an existing rail- road spike in the place of beginning. BEING Lot 1. CONTAINING 1.5143 acres, as shown on draft of survey prepared by Carl D. Bert, dated January 4, 1978, recorded in Cumberland County, Pennsylva- nia Plan Book 34, at Page 22. ALSO BEING a part of the same which Harry F. Davis and Carol K. Davis, husband and wife, by their deed dated January 22, 1988 and recorded in the Office of the Re- corder of Deeds in and for Cum- berland County, Pennsylvania, in Deed Book "E". Volume 33, at Page 133, granted and conveyed to Harry F. Davis and Carol K. Davis, hus- band and wife, grantors herein. Tract No. 2 ALL that certain tract of land ly- ing and being situate in South New- ton Township. Cumberland County. Pennsylvania, bounded and de- scribed as follows: BEGINNING at an existing rail- road spike in the centerline of Town- ship Route #330; thence along lands now or formerly of Wayne Z. and Su- san Shirk, North twenty-nine (29) degrees fifty-two (52) minutes forty- five (45) seconds East, eight hundred sixty-two and nineteen hundredths (862.19) feet to a set iron pin at the corner of lands now or formerly of Wayne Z. and Susan Shirk and lands now or formerly of Paul H. and Harry G. Hock: thence along the said lands of Paul H. and Harry G. Hock, South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East, four hundred fifty-seven and fifty hundredths (457.50) feet to a set iron pin; thence along Lot No. 5, more fully described on the herein- after mentioned Subdivision Plan, South forty-four (44) degrees forty- eight (48) minutes five (05) seconds West. twenty-five (25.00) feet to a point; thence along Lot No. 1. more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds West, three hundred one and fifty-five hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West; three hundred sixty-four and three hundredths (364.03) feet to an existing iron pin: thence continu- ing with the same. South forty-five (45) degrees three (03) minutes fifty- hundredths 14ni.ovi w iron pin; thence along Lot No. 5, more fully described on the herein- after mentioned Subdivision Plan, South forty-four (44) degrees forty- eight (48) minutes five (05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No. 1, more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds West. three hundred one and fifty-five hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West; three hundred sixty-four and three hundredths (364.03) feet to an existing iron pin; thence continu- ing with the same, South forty-five (45) degrees three (03) minutes fifty- three (53) seconds West, four hun- dred fifty and fifty-three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route #330, the point and place of BEGINNING. BEING Lot No. IA and contain- ing a net lot area of 2.0043 acres as more fully described on a Subdi- vision Plan entitled "Lot Additions for Harry F. Davis", prepared by John R. Kissinger, R, S., dated No- vember 13. 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, ease- ments, notation and restrictions as more fully set forth on record. ALSO BEING part of the same real estate that David L. Mays and Wan- da L. Mays, by their deed dated Sep- tember 4. 1987, and recorded Sep- tember 17. 1987, in Cumberland County Deed Book "Y", Volume 32, at Page 22, conveyed to Harry F. and Carol K. Davis, husband and wife, the Grantors herein. HAVING thereon erected a dwell- ing known as 115 Hammond Rd., Shippensburg, PA 17257. BEING the same premises which Harry F. Davis and Carol K. Davis, husband and wife, by their Deed dated November 14, 1997 and re- corded on December 5. 1997, in and for Cumberland County, in Deed Book Volume 168, Page 1081, granted and conveyed unto Harry F. Davis and Carol K. Davis, hus- band and wife, as tenants by the entirety. Map 41-12-0324. Parcel 008. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 567, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) as 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 22nd and 29th day(s) of April and the 6th day(s) of May 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 verity this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ?1 PUBLICATION ................ ........ n.....(? ...................... COPY Sworn to an s bscribed before m 14th day May, A.D. S A L E #53 Notarial Seal '/ Terry L. Russell, Notary byc City OI Hamsburg, Dauphin (:bunry / := - - My Commission Expires June 6,2006 ARY PUBLIC Member, Pennsylvania Association ofDll:yaeeilmission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY 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 $ 560.25 Probating same Notary Fee(s) $ 1.75 Total $ 562.00 Publisher's Receipt for Advertising Cost 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. By .................................................................... REAL ESTATE SALE No. 53 Writ No. 2002.4182 Civil Term Farmers and Merchants Trust Company of Chambersburg vs . Harry F. tvavls and Carol K. Davis Al Scott Jletterick DESCRIPTION ALL the fallowing described real estate lying and being situate in South Newton Township, Cumber- land County, Pennsylvania, bounded and limited as follows: BEGINNING at an existing railroad spike in Township Route 8330 at comer of other lands now or formerly of Harry F. Davis and Carol K. Davis; thence by said other Inds now or formerly of Davis North forty-five (45) degrees Seventeen (17) minutes twenty-one (21) seconds East four hundred fifty-three and twenty-one-hundredths (453.21) feel to an iron pin thence by the same North thirty- four (34) degrees fourteen (14) minutes five (05) seconds East three hundred sixty-four and three-hundredths (364,03) feet to an iron pin; thence by the same, South forty- four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds East hive hundred one and fifty-five-hundredths (301.55) feet to an iron pin; thence by the same, South forty-five (45) degrees one (01) minute twenty-four seconds West one hundred seventy-five and eighty-two hundredths (175.82) feet to an iron pin; thence by the same, North forty four (44) degrees fifty-eight (58) minutes thirty-six (36) seconds West two hundred forty-two and six- tenths (242.6) feet to an iron pin; thence continuing by the same, South thirty-four (34) degrees fourteen (14) miimtes five (05) seconds West one hundred eighty-two and seven-tenths (192.7) feet to an iron pin; thence by the same, South forty-five (45) degrees seventeen- (17) minutes twenty-one (21) seconds West four hundred fifty-three and twenty-one-hundredths (453.21) feet to a railroad spike in Township Route 8330; thence with Township Route 8330 North forty-three (43) degrees forty-seven (47) minutes thirty- eight (38) seconds West twenty- five (25) feet to an existing railroad spike in the place of beginning. BEING Lot 1, CONTAINING 1.5143 acres, as shown on draft of survey prepared by Carl D. Bert, dated January 4, 1978, recorded in Cumberland County, Pennsylvania, Plan Book 34, at Page 22. ALSO BEING a part of the same which Harty F. Davis and Carol K. Davis, husband and wife, by their deed dated , muary 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Volume 33, at Page 133, granted and conveyed to Harry F. Davis and Carol K. Davis, husband and wife, grantors herein. TRACT NO.2: ALL that certain tract of land lying and being situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of Township Route 8330; thence along lands now or formerly of Wayne Z. and Susan Shirk, North twenty-nine (29) degrees fifty-two (52) minutes fogy-five (45) seconds East, eight hundred sixty-two and nineteen- hundredths (862.19) feet to a set iron pin at the comer of lands now or formerly of Wayne Z. and Susan Shirk and lands now or formerly of Paul H, and Harry G. Hock; thence along the said lands of Paul H. and Harry G. Hock, South forty-five (45) degrees eleven (II) minutes fifty-five (55) seconds East, four hundred fifty- seven and fifty-hundredths (457.50) feet to a set iron pin; thence along Lot No.5, more fully described on the hereinafter mentioned Subdivision Plan, South forty-four (44) degrees forty-eight (48) minutes five (05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No.1, more fully described on the hereinafter mentioned Subdivision Plan, North forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds West, three hundred one and fifty-five- hundredths (301.55) feet to a point; thence along the same, South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West; three hundred sixty-four and three-hundredths (364.03) feet to an existing iron pin; thence continuing with the same, South forty-five (45) degrees three (03) minutes fifty-three (53) seconds West, four hundred fifty and fifty- three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route 8330, the point and place of BEGINNING. BEING Lot No. IA and containing a net lot area of 2.0043 acres as more fully described on a Subdivision Plan entitled "Lot Additions for Harry F. Davis", pepared by John R. Kissinger, R. S., dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, easements, notation and restrictions as more fully set forth on record. ALSO BEING part of the same real estate that David L. Mays and Wanda L. Mays, by their deed dated September 4, 1987, and recorded September 17, 1987, in Cumberland County Deed Book IYJ, Volume 32, at Page 22, conveyed to Harry F. and Carol K. Davis, husband and wife, the Grantors herein. HAVING thereon erected a dwelling known as 115 Hammond Rd., Shippensburg, PA 17257. South forty-live (45) Cci,mes eleven (11) minutes filly-five 155) seconds East, four hundred fifty- seven and fifty-hundredths (457.50) feet to a set iron pin; thence along Lot No.5, more fully described on the hereinafter mentioned Subdivision Plan, South forty-four (44) degrees forty-eight (48) minutes five (,05) seconds West, twenty-five (25.00) feet to a point; thence along Lot No.l, more fully described on the hereinafter mentioned Subdivision Plan, North forty-live (45) degrees eleven (11) minutes fifty-five (55) seconds West, three hundred one and fifty-five- hundredths (301.55) feet to a point; thence along the same. South thirty-four (34) degrees zero (00) minutes forty-six (46) seconds West; three hundred sixty-four and three-hundredths (364.03) feet to an existing imn pin; thence continuing with the same, South forty-five (45) degrees three (03) minutes fifty-three (53) seconds West, four hundred fifty and fifty- three hundredths (450.53) feet to an existing railroad spike in the centerline of Township Route #330, the point and place of BEGINNING. BEING Lot No. IA and containing a net lot area of 2.0043 acres as more fully described on a Subdivision Plan entitled "Lot Additions for Harry P. Davis", prepared by John R. Kissinger, R. S, dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT TO setback lines, easements, natation and restrictions as more fully set forth on record. ALSO BEING part of the same real estate that David L. Mays and Wanda L. Mays, by their deed dated September 4, 1987, and recorded September 17, 1987, in Cumberland County Deed Book iYP, Volume 32, at Page 22, conveyed to Harry F. and Carol K. Davis, husband and wife, the Grantors herein. HAVING thereon created a dwelling known as 115 Hammond Rd., Shippensburg, PA 17257, Being THE SAME PREMISES WHICH Harry F. Davis and Carol K. Davis, husband and wife, by their Deed dated November 14, 1997 and recorded on December 5, 1997, in and for Cumberland County, in Deed Book Volume 168, Page 1081, granted and conveyed unto Harry P. Davis and Carol K. Davis, husband and wife, as tenants by the entirety. MAP 41-12-0324, PARCEL 008. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 02-4182 Civil Term vs. HARRY F. DAVIS and CAROL K. DAVIS, : Defendants. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment filed at the above-captioned term and number satisfied. Respectfully submitted: JAMES, SMI'VH, D TE CK & CONNELLY LLP BY: Scott A. Dietterick, Esquire PA I.D. #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 O ARY 2009 AUG 21 E i-I 2• u L >r cam' 3ir? ?? aa4sg9