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Home My WebLink About00-02777 ~ "" -- ,i,'-~,__- -- __ - ,- -, ,~A , ~' , , ., - "'----". . ALLFIRST BANK, successor to DAUPHIN DEPOSIT BANK AND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff NO. 00-;('"1'17 Cut.LT'2.uv\, v. MORTGAGE FORECLOSURE DOUGLAS R. SISTI Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Com- plaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 Date: May 2-, 2000 KEEFER, WOOD, ALLEN & RAHAL By ~4 Eug ne E, Pepinsky, Jr. Attorney 1.0. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff J ,__ '_r__' - ',-_ 6 " " ", ~ . .-_ .~. /.. ", - ,+, -",c_'_,,;_';_;;., ' ALLFIRST BANK, successor to DAUPHIN DEPOSIT BANK AND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW NO. ()-o - ;2;Z 77' C;:;::J I ~ v, DOUGLAS R. SISTI MORTGAGE FORECLOSURE Defendant COMPLAINT 1. Plaintiff Allfirst Bank, successor to Dauphin Deposit Bank and Trust Company, is a Maryland state-chartered commercial bank with an office at 213 Market Street, Harrisburg, Pennsylvania 17101. 2. Defendant Douglas R. Sisti is an adult individual residing at 40 Shippensburg Road, East Berlin, Pennsylvania 17310, 3. At all relevant times, the Defendant has been the real owner of a tract(s) or parcel(s) of land with buildings and other improvements thereon located at 308-310-312 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania (the "Premises"). The Premises are more fully described hereinafter. 4. On or about November 21, 1997, Defendant, for good and valuable consideration, executed and delivered a Promissory Note (the "Note") to Plaintiff. A true and correct copy of said Note is attached hereto, made part hereof and marked Exhibit "A". __, .c, ~,,~_' _ ~ ~ .,-; -""f _1.-, _' ,. - - ',", ~ ,.. "-", -,' ,-' , - _ ,; - ." "'-~, ,f-.-_,._,_.,,).;C. I 5, On or about November 21,1997, the Defendant executed a Mortgage in favor of Plaintiff (the "Mortgage"), which Mortgage was duly recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit B. 6. The failure of the Defendant, among other things, to pay when due and payable the payments under the Note constitutes a "default" as defined under the terms of the Mortgage. 7. The Defendant has failed and refused, among other things, to make payments due and payable under the Mortgage. 8. The terms of the Mortgage provide that upon the occurrence of a default by the Defendant, the Plaintiff may accelerate and demand immediate payment of all sums due under the Mortgage, 9, Plaintiff has accelerated and demanded immediate payment of all sums due under the Mortgage. 10. The sum presently due and payable to Plaintiff by Defendant is computed as follows: a. b. Unpaid Principal Accrued Interest through 5/3/2000 Attorney's fees $ 146,676.48 1,400.92 21,90000 c. TOTAL $ 169977 40 11. Notice of the availability of mortgage assistance under the Homeowners Emergency Mortgage Disclosure Act of 1993 ("Act 91 ") was not required, -2 - "".';";' ;b- - :__",__, , " , "," ,-, '_ ,-, oo~, -,'C' ",],';', ~ <-'I 12. Notice of Intention to Foreclose pursuant to Section 403 of Act 6 was not required. WHEREFORE, Plaintiff demands judgment in the sum of $169,977.40, with interest as may accrue from and after May 3, 2000, and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Premises, KEEFER WOOD ALLEN & RAHAL, LLP Date: May 3, 2000 By: ,Pe insky, Jr, Attorne . #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff -3- ~~~" --- ~' .-- - MAY-03-00 WED 10:47 05/l<f3/OO 10, 1~ . 7175652870 ALLFIRST SPECIAL CREDITS FAX NO. 7175652870 KeEFER WOUD ALLEN 8. RRi-Il'lL. LLP .. 7175652870 P.06 NO.506 P0l!l6/l!106 VFRIFICATIO~ The undersigned Kenneth L. Milliken, hereby verifies alld states that: ,. He is Assistant Vice President of Allfirst Bank. Plaintiff herein; 2. He is authorized to make this Verification on Its behalf; 3. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge. information and belief; and 4, He is aware that false 5tatements herein are made subject to the penalties of 18 Pa. C.S. 64904. relating to unsworn falsification to authorities. Y~fJ#~ Kennett1 L. Milliken Dated: May -2-. 2000 -4 - ~~ ~, hnn.1'6 &m* .ncl V.".ylHlnk II,. divisions of DlIuphin Deposit Bank and Trust Company) $ 160,000.00 Date November 21,1997 FOR VALUE RECEIVED, the undersigned, o..gl.. R. 51>., . a (corporation/partnership/limited liability company/individual) (the "Borrower"). jointly and severally (if more than one), promise to pay to the order of DAUPHIN DEPOSIT BANK AND TRUST COMPANY (the "Bank") or its assigns, the principal amount of ONE HUNDRED SIXTY THOUSAND & NOll00 DOLLARS to be paid as follows: ' Tho loan .hall bo wrltton for a torm of flftoon (15) yoars and will roquiro sixty 160) consocutivo fixod monthly p.aymonts. oach In tho amount of $t.57~J.!8, which shall includo principal and intorost, payablo on tho .d!?:t&.. day of oach month, beginning on '~jrf.~li.'[. Thoroaftor, tho loan shall roquiro ml>nthly paym~.n~.lof principal plus interest accrue' t~ date of Bank's notice therefor. With the final paymont on 1.1j#J..,'iI!?(,fj all amounts outstanding for principal, accruod and unpaid intoro.t and unpaid fec~ and chargas will b~ due and pay.,blo. ' Intoro.t on all outstanding principal .hall accruo at tho fixod rato of 8,5000% por annum through / / - dlJ - .:iDO,E, and thoroaftor, tho intoro.t rato .hall bo a floating rato of intoro.t oqual to tho Dauphin Dopo.it Bank Baso Rato plu. 1,00000% a. in offoct from tlmo to timo and which shall change offoctivo with any change in such rata. The term llDauphin Deposit Bank Base Rat.," which is not necessarily the lowest rate of interest charged by the Bank, is defined as the rate of interest for loans established by the Bank from time to time as its base rate. Interest shall be calculated on the basis of the actual number of days elapsed and a year of 360 days. 80th principal and interest are payable in lawful money of the United States of America at any office of Bank in immediately available funds. If any payment due hereunder is received by the Bank more than fifteen (15) calendar days after its due date. the Borrower shall pay a late payment charge equal to five percent (5%) of the amount then due or $10.00, whichever is greater, APPLlCA TION OF PA YMENTS. All payments made hereunder shall be applied first to late payment charges or other sumS owed to the 8ank, next to accrued interest. and then to principal. or in such other order or proportion as the Bank. in its sole and absolute discretion. may elect from time to time. SECURITY. The payment of this note and a.tlY renewals. extensions and modifications thereof. and the payment, performance and discharge of all other present or future indebtedness. obligations and undertakings (individual. joint. several. direct. contingent. or otherwise) of the Borrower to or for the benefit of the Bank. whether arising directly to the Bank under this note or under any other agreement. promissory note or undertakings now existing or hereinafter entered by the Borrower to the Bank (collectively. the "Liabilities') is secured by the property described in. and under and pursuant to the terms and conditions of that certain: Collateral as set forth in an Assignment of Lea.es - Real Estate dated ..iLl .;l / I..J.L, Collateral as set forth in a Mortgage from Douglas R. Sisti 1 J 9'" to Dauphin Deposit Bank and Trust Company dated K-1.J2!L./..LL-. As additional security for the Liabilities. Borrower grants the Bank a lien upon and a security interest in any securities, instruments or other personal property of Borrower now or hereafter in Bank's possession and in any deposit balances now or hereafter held by Bank for Borrower's account and in all proceeds of any such personal property or deposit balances. Such liens and security interests shall be independent of Bank's right of setoff. PA YMENT OF COSTS. In addition to the principal and interest payments specified above. the Borrower shall pay to the Baok or any other holder of this note. upon demand. all costs and expenses (including reasonable attorneys' fees. whether or not litigation is commenced) which may be incurred by the Bank or such holder in the collection or enforcement of this note. Said costs shall include reasonable attorneys' fees and costs in bankruptcy proceedings and any costs and attorneys' fees incurred for any action or proceeding in relation to the loan transaction. including but not limited to the joinder of Baok in any action between the Borrower and a third party, CE-ll0.l 12/96 - -~ . ',-,," upon ,. oouu"_nuo u .u'y u d,~ fultu",""lnu uvunt~: (a) the , '-':':" " """ "du. 01 _ny .moun. pav_bl.. on any ot the Liabilities. or the failure 01 any Obhgor to observe Of perform .~;~:~:.nt ;, any nature whatsoever with the Bank (the term "Obligor" 8S used herein being meant to include the Borrower and all persons liable on the note or any renewals. extensions, or modification thereof. such as endorsers. sureties, or guarantors); (b) if any Obligor becomes insolvent or makes an assignment for the benefit of creditors. or if any petition is filed by or against any Obligor under any provisions of any law or statute alleging that such Obligor is insolvent or unab.le to pay debts as they mature; (c) the entry of any judgment against any Obligor or the issuing of any attachment or garmshment agamst any property of any Obligor or the occurrence of any change in the financial condition of any Obligor which in the sole judgment of the Bank is materially adverse; (d) the dissolution. merger, consolidation or reorganization of any Obligor. which is an entity such as a corporation. limited partnership. partnership or limited liability company: (e) the death of any Obligor who is a natural person: (f) any information heretofore or hereinafter furnished to the Bank by any Obligor in connection with the loan evidenced hereby or any suretyship or guaranty should be materiallv false; and (g) the failure of any Obligor to furnish such financial and other information as the Bank may reasonablv request. If this Note is payable on demand, Bank's right to demand payment hereof shall not be restricted or impaired by the absence, non-occurrence or waiver of a default hereunder. and it is understood that Bank mav demand payment at any time. ACCELERATION AND ENFORCEMENT RIGHTS. Whenever the Borrower shall be in default as aforesaid, (1) unless the Bank elects otherwise. the entire unpaid amount of such of the liabilities as are not then due and payable shall become immediatelv due and pavable without notice to or demand on any Obligor. and (2) the Bank mav at its option exercise from time to time anv or all rights and remedies available to it at law or in equity. The Borrower waives all right to stay of execution or garniShment and exemption of property in any action to enforce any of the liabilities. JUDGMENT. The Borrower does hereby authorize and empower any attorney of any court of record of Pennsylvania or elsewhere to appear for and enter judgment against Borrower for the above sum. with or without declaration. with costs of suit. including reasonable attorneys' fees and fees in bankruptcy proceedings. if anv. release of errors, without stay of execution. and with fifteen (15%) percent added for collection fees. and the Borrower further agrees that real. personal or mixed property may be sold or garnished upon any writ of execution or writ of garnishment as now or hereafter provided bV law or the Pennsylvania Rules of Civil Procedure governing the enforcement of judgments: and Borrower hereby waives and releases all relief from any appraisement. stav or exemption laws of anv state now in force or hereafter enacted. If a copy hereof. verified bV affidavit. shall have been filed in such proceeding, it shall not be necessary to file the original as a warrant of attornev. The Borrower (and each of them. if more than one) hereby waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of this warrant and power to confess judgment shall be deemed to exhaust this power. whether or not anv such exercise shall be held by any court to be invalid. voidable or void. but this power shall continue undiminished and mav be exercised from time to time as often as Bank shall elect until all sums due hereunder shall have been paid in full. WAIVERS. The Borrower herebv waives presentment, notice of dishonor and protest. The Borrower hereby further waives and releases all errors. defects and imperfections of a procedural nature in any proceedings instituted by the Bank hereunder. as well as all benefit that might accrue to the Borrower bV virtue of anv present or future laws exempting any property. real or personal. or anv part of the proceeds arising from anv sale of such property. from garnishment, attachment. levy or sale under execution. or providing for anv staV of execution. exemption from civil process. or extension of time for payment. The Borrower agrees that any property. real or personal. that may be levied upon pursuant to anv writ of execution or writ of garnishment issued on any judgment bV virtue of this note, mav be sold. in whole or in part. in any order desired bV the Bank. HOLDERS IN DUE COURSE, This note may be assigned bV the Bank or anv subsequent holder of this note at anv time or from time to time. The Borrower hereby agrees that no subsequent holder of this note to whom the note was transferred for value shall be subject to anv claims or defenses which the Borrower mav have against a prior holder. all of which are waived as to such subsequent holder. and that all such subsequent holders shall have all of the rights of a holder in due course even though the subsequent holder mav not qualify. under applicable law, absent this paragraph. as a holder in due course. WITNESS OR ATTEST; \..~ C'~ ~, '-~00l) ~N MISCELLANEOUS. Anv failure of the Bank to exer9ise anv right hereunder shall not be construed as a waiver of the right to exercise the same or anv other right at anv other time. If the Borrower consists of more than one person. such persons shall be jointly and severallv liable hereunder, The Borrower intends this to be a sealed instrument and to be legally bound herebv, This note shall inure to the benefit of and be enforceable bV the Bank and its successors and assigns and be binding and enforceable against the Borrower. its legal representatives. sUCCessors and permitted assigns. All issues arising hereunder shall be governed by the laws of Pennsylvania without giving effect to choice of law rules, Douglas R. Sisti BORROWER; // ~.c.. ~ ~;;71 (Name of Individual. Corporation. Partnership or Limited Liability Companv) (Seal) BV; Name and TItle (Seal) Name and Title 1(" .1\ " ,...... 1\ 3/l; /j. - 6 _. . MORTGAGE . DAUPHIN DEPOSIT BANK AND TRUST COMPANY C{)O \~ BANK OF PENNSYLVANIA. FARMERS BANK · VALLEYBANK 00 J.\J'IJ (Bank of Pennsylvania. Farmers Bank and Valleybank are divisions of Dauphin Deposit Bank and Trust Company) , ,\ "';~AU ,--<"'-f . ,,: ._~'"-.-/ ~ November 21, 1997 . between Douglas R. Sisti THIS MORTGAGE made this (whether one or more, called .Owner-) and DAUPHIN DEPOSIT BANK AND TRUST COMPANY, with an o~ce located at 213 Market Street. P.O. Box 2961. Harrisburg, Pennsylvania 17105 (called -Lender-). WHEREAS. lender has agreed to make a loan to Douglas R. Sisti (called -Borrower-) in the prir)cipal amount of $ 160,000.00 (the -Loan-); and WHEREAS. Owm"r desires to grant this Mortgage to lender for the purpose of securing to lender the Borrower's repayment of the Loan. NO~. !HEREFORE. in consideration of the above premises. Owner does hereby mortgage. grant and convey to Lender all of the fOllowing described real ~t~!e, toge,ther with all improvements now or hereafter constructed. and aU easements, rights and appurtenances thereon (the wMortgaged PropertyW). located at: 1. Lemoyne Borough (City, Boro" Twp.) . County of Cumberland 2. . County of . CD '"" - " ~ ,. , c:.; ~ ) ":1 ' , N :::1 .. ,. -,. - ~. c; ~ -0 0 '" f'J :3 a c: c":' ., N ~ r~l 1..-) r- -, r.'~ ;.., :.c -~ '=' (l) ::) en 1'.: (City, Bora., Twp.) and Commonwealth I)f Pennsylvania. known as: 1. .21'). 308- Hummel 2. Avenue Lemoyne PA 17043 For title into Owner. foee Deed recorded in the County of Cumberland 1. in Deed/Record Book . Volume . Page 2. in Deed/Record Book . Volume . Page 00 If this box is checked. a more particular description of the Mortgaged Property is attached hereto as Exhibit wAw and incorporated herein by reference. Owner and lender covenant and agree as follows: 1. This Mortgage secures to lender the repayment of all amounts, with interest thereon. advanced to Borrower by lender pursuant to the Loan. This Mortgage also seCUres the unpaid balances of advances made with respect to the Mortgaged Property for the payment of taxes. assessments. maintenance. insural1ce premiums or costs incurred for the protection of the Mortgaged Property or the lien of the Mortgage. late fees imposed under the provisions of this Mortgage and expenses incurred by the lender by reason of a default by the Owner under this Mortgage or the Borrower under the loan. plus interest thereon as permitted by the documentation evidencing the Loan. This Mortgage further secures the performance of all covenants contained in this MC)rtgage and the documentation evidencing the Loan. and all extension. renewals. modifications and amendments thereof (the wloan Documents"). 2. THIS MORTGAGE IS INTENDED TO BE AN .INDUSTRIAL PLANT MORTGAGE" within the broadest interpretation of the "industrial plant mortgage doctrine" under the laws of the Commonwealth of Pennsytvania to the extent that such doctrine is applicable to this Mortgage. Accordingly. the Mortgaged Property shall be, deemed to include all plant, equipment. apparatus. machinery. fittings. appliances. furniture. furnishings. fixtures and other items of personal property and replacements thereof owned by Owner. now or at any time hereafter affixed or attached to. incorporated in. placed upon. or in any way used ih connection with the current or future utilization. enjoyment. occupation or operation of the Mortgaged Property. 3. If the loan secured by 1his Mortgage is made to the Borrower ~o acquire the Mortgaged Property. this Mortgage shall be a PURCHASE MONEY MORTGAGE. 4. Owner repr~sents and Warrants to lender that Owner has fee simple title to the Mortgaged Property and the right to mortgage the Mortgaged Property to lender. II _"b' c. ,~ ",,' ~ '. . ' . ~- ~-' ALL THOSE CERTAIN two lots of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania more particularly bounded and de- scribed as follows to wit: BEGINNING at an iron pipe found at the Northeastern corner of land now or late of Donald C. Musselman as recorded in Deed Book 30, Volume H, Page 339, said place of beginning being on the Southern side of Hummel Avenue (100 foot right of way); thence along Hummel Avenue North 57 degrees 00 minutes 00 seconds East a distance of thirty-five (35) feet to a point at the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned plan; thence continuing along Hummel Avenue North 57 degrees 00 minutes 00 seconds East a distance of twenty-two and ninety-eight hundredths (22.98) feet to a point at other land of CCNB Bank, N.A. and Lot No.2; thence by Lot No. 2 the following four courses and distances: (1) South 33 degrees 00 minutes 00 seconds East a distance of fifty-five and twenty-six hundredths (55.26) feet to a point (erroneously set forth in prior deed legal description and plan in Plan Book 61, Page 144 as 22.98 feet to a point); (2) by a curve extending to the right in a southerly direction and having a radius of thirty and no hundredths (30.00) feet an arc distance of nine and sixty-five hundredths (9.65) feet to a point; (3) South 14 degrees 34 ~inutes 00 seconds East a distance of thirty-seven and seventeen hundredths (37.17) feet to a point; (4) South 57 degrees 00 minutes 00 seconds West ~ distance of nine and sixty-nine hundredths (9.69) feet to a point at Lot No.4; thence along Lot No.4 South 33 degrees 00 minutes 00 seconds East a distance of fifty and no hun- dredths (50.00) feet to a point on Peach Alley (15 foot right of way); thence along Peach Alley South 57 degrees 00 minutes 00 seconds West a distance of thirty-five and no hundredths (35.00) feet to an iron pipe found at land now or late of Donald C. Musselman first mentioned; thence by said Musselman land North 33 degrees 00 minutes 00 seconds West a distance of one hundred fifty and no hundredths (150.00) feet to the place of BEGINNING. HAVING thereon erected two two and one half story frame buildings known as No. 308-312 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot Nos. 3 and 4 on a Final Subdivision Plan of 4 Lots made for CCNB Bank, N.A. by Hartman and Associates, Inc. August 13, 1990, and recorded December 5, 1990, in Cumberland County Plan Book 61, Page 144. UNDER AND SUBJECT to a Declaration Consolidating Lots shown on Existing Plan made by CCNB BANK, N.A. on November 9, 1990 and recorded in Cumberland County Miscellaneous Book 391, Page 176, on December 5, 1990, providing that the lots herein conveyed may not be separately conveyed in the future but must be treated as one lot. BEING the same premises which CCNB Bank, N.A., a National Banking Association, by deed dated March 28, 1991 and recorded April 3, 1991 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book A-35, Page 691, granted and conveyed unto Peter Khouri and Sonia A. Khouri, husband and wife, grantors herein. Arrl teirg tte sare ~ wuc:h R3l:a:' Kh:uci ard S:nia A. Kh::uri, ~ tteir Att:are:t-In-Fact, AliCE Kh::uri, ~ d3erl date::I, N:lverrI::et' 21, 1997 ard wuc:h is ilJbe:h:J to te le:x:...b] la:ewith qranted atrl ~ t.nto rH'ljJ;:\Q R. 6isld; Mt.&:_~",heEein. o"\nll.f A-f D ....^.. t:!" . h__ . State of pennSYlVania} 86 County of CUmberland Recorded iite office for the recording of Deeds ec~t' and f berland County. in Bo . Vof:_Pa () witn Y han f offi ,';;1 Carlis . :4thiS~aYOf J9JJ Ltlls..clli.:;1 . "". -. -' , -:', -. aJ/7? 33 - ftfJ/l '-'- 'SSIGNMENT OF LEASES · 0 \ ,0 ____ 1j)~\O THIS ASSIGNMENT, made this 21 day of November 1997 ,from Douglas R. Sisti located at 635 Herman Avenue, Lemoyne, PA (Assignor"), to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, having its principal office at 213 Market Street, Harrisburg, Dauphin County, Pennsylvania ("Assignee"). ~...~~~ II 7:/{/a.//G ,( S/5Tl. . .'. ~~O\)5 e..- WIT N E SSE T H: WHEREAS, Assignor is the owner of real estate and the improvements on said real estate ("Premises") located at 308-312 Hummel Avenue, Lemoyne, Lemoyne Borough, Cumberland County, PA more particularly described in that certain mortgage ("Mortgage") of even date herewith to be recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, said Mortgage being by and between Assignor as Mortgagor and Assignee as Mortgagee; and WHEREAS, Assignor has executed and delivered to Assignee a certain Mortgage Note ("Note") of even date herewith in the principal amount of One hundred sixty thousand and 00/100 ($160,000.00) Dollars, evidencing the mortgage loan ("Loan") secured, inter alia, by the Mortgage; and WHEREAS, Assignor is desirous of assigning to Assignee, as additional security for the Loan, all rentals and ot~er moneys due and to become due to Assignor as Lessor and under any and all future leases or subleases ("Leases") of the Premises, any part thereof or any improvements now existing or hereafter constructed thereon. NOW, THEREFORE, in order further to secure the payment of the indebtedness owing to Assignee and in consideration of the making of the Loan, and in further consideration ofthe premises and intending to be legally bound, Assignor hereby covenants, promises and agrees as follows: 1. Assignor hereby sells, assigns, transfers and sets over unto Assignee, its successors and assigns, all of the rents, income receipts, revenues, issues and profits now due or which may hereafter become due under the Leases or any extensions or renewals thereof, as well as all moneys due and to become due to Assignor under the Leases for services, materials or installations supplied, whether or not the same were · BOOK 563 PAGE 327 ( " ~ J,o'_ ~.:.. ~W'_'.w....i....... ' ~ L ~ ." '_.I~I~ I, L' ~~ I "',I I I , Ander the terms ot,e Leases together with any and a~ghts and remedies , , "Assignor may have against the tenants under the Leases or others in possession ,df"the Premises or any part thereof for the collection or recovery of moneys so assigned, TO HAVE AND TO HOLD the same unto Assignee, its successors or assigns, for the purposes herein recited. 2, Assignor hereby represents, warrants and agrees that: (a) Assignor has the right, power and capacity to make this Assignment and that no persons, firm or corporation other than the Assignor has any right, title or interest in or to moneys due or to become due under the Leases. (b) Assignor will, at Assignor's cost and expenses, perform and discharge all of the obligations and undertakings of the landlord under the Leases. Assignor will enforce of secure the performance of each and every obligation and undertakings of the tenants thereunder. c) Assignor will not, without Assignee's prior written consent, (I) pledge, transfer, mortgage, or otherwise encumber or assign future payments of rentals; (ii) waive, condone or in any manner release or discharge any of the tenants under the Leases; (Iii) disaffirm, cancel, terminate or consent to any surrender of the Leases; (iv) modify, extend or in any way alter the terms of any of the Lease so as to reduce or diminish or postpone.the payments of rentals and other sums due thereunder; or (v) accept any ~ayments of rental in advance, other than as required to be paid in advance by the terms of any rental agreement. d) Any default by Assignor in the performance of any obligation or undertaking hereunder shall constitute and be deemed to be a default under the Note and the Mortgage so as to entitle Assignee to exercise any and all of the rights and remedies thereunder, including the right to declare all sums payable under the Note immediately due and payable without notice or demand. 4. These presents shan not be deemed or construed to constitute Assignee as a mortgagee in possession of the Premises not to obligate Assignee to take any action hereunder, not to incur expenses or perform or discharge any obligation, duty or liability hereunder or under the Leases. 2 BOOK 563 PACE 328 -~' IJ_,_,,'~I...J . ~. , 1.- ~ I I,' ~J I i.J!~,,_ aiih~~~~:~n-paid in full, ASSigno'lill, for the purposes "a"J~ssign to Assignee any ana all fu.rther rentals and moneys due or ;'ne due Assignor under the Leases upon all or any art of the Premises and Assignor will from time to time execute and deliver unto Assignee upon demand any and all writings that Assignee may deem necessary or desirable to carry out the purpose and intent hereof, or to enable Assignee to enforce any right or rights hereunder. 6. So long as there is no default under the Note, Mortgage, or any other instrument evidencing or securing the Loan, Assignor may collect for its own account all rentals and other moneys assigned hereunder. From and after the occurrence of such a default (whether or not Assignee shall have exercise its option to declare the Loan immediately due and payable) all rentals and other moneys assigned hereunder shall be paid directly to Assignee, and Assignee may notify the tenants under the Lease of any other parties in possession of the Premises or any part thereof to pay all moneys due and to become due to Assignor directly to Assignee, for which this Assignment shall be applied by Assignee, at its uncontrolled discretion, to the payment of the costs and expenses of the operation of the Premises, to the payment of current interest and/or principal under the Loan, all in such order and in such respective amounts as Assignee shall from time to time determine, 7. The failure of Aseignee to avail itself of any of the terms, covenants and condition hereof shall not be construed or deemed to be a waiver of any rights or remedies hereunder. Assignee shall have the flJlI right, power, and authority to enforce this Assignment or any of the terms, covenants or conditions hereof, at any time or times that the Assignee shall deem fit. 8. All notices required or permitted to be given hereunder shall be deemed to have been duly given if sent by certified United States mail, return receipt requested, to . Assignor at 635 Herman Avenue, Lemoyne, PA 17011 and to Assignee at 213 Market Street, Harrisburg, Pennsylvania, 17101, or to such other place or places as the parties hereto may from time to time designate for the purposes of receiving notices hereunder. :J BOOK 563 rAGE 329 "1' -...... .......,. ....- . . ese presents shall be binding upon Assignor, their heirs, personal ",entatives, successors and assigns, and shall inure to the benefit of Assignee and its successors and assigns. IN WITNESS WHEREOF, Assignor has duly executed this Assignment the day and year first above written. : . '., WITNESS: ~lli~~.~~ ASSIGNOR: BY: J/. L ~~A DO~s R. Sisti' This assignment I accepted by Assignee this ~ / d day of YU'lLtrn ~ 1997. ~~~ DAUPHIN DEPOSIT BANK AND TRUST CO. BY: \2 c....1M-- 'J I c..€: -P,ezs. Commonwealth of Pennsylvania County of C-LLmUuLiOJl..d-- this & I U-day of fLruJ..~ 1997, before me personally appeared . . satisfactorily proven to be the above named indivi al(s) and in due form of law acknowledged the above instrument to be their act and deed, and desired the same might be recorded as such, IN WITNESS WHEREOF, I have hereto set my hand and notarial seal. ~oJJJuJ.J ~ AU Cl ~JIt./rL--L~ Notary Public ".l~'.".. , '~~?~ftJ~i~> i'- ~ ~.....,v/).<;. fi $p."%~:!1~!llJ~Vrtl". SEAL . ~ i::'l,tf(.~i .~~\ ~ ~ '. ~o..,(".;-.._, . }~l'-'" ../ :;: .~;.!~-;.o _:-:",....:. = l =:.-:;.1:: i."i.....'" ';.'~_Ir;" .:.;;.;.!::, \' ;~ w;t.. . "J. ' ;")~i'}2~' -', ~'.' .9.\. +'o\'~<\'''"\~\\~h;;}f ""',,..~ I... JlU .,;."" ~ ,., ~....- ,,', .........\~ {.~ -:, .. ....+ ...... ot'1 . y~ . o}." -'L ~'. I~, ~- $.;;;1 .,',' "-:1-'-1_"'0, '/'r,:: ...,t'" . c.o ~ t::::J ...., c-, .- '- ;-~. '.:; -:::-~ A1 C ~:::-:: r- ~~ ;- .>c::::: 2: "1 ~ C :::~:: 'c I\) My Commission Expires: ::n ::3 ..... ..... c') ~ ~"'.l o '_ c: 0' .-~ :z ~ C-~ -r ~.~ ~~ ~ ~;; ~ ,;; , r. Notarial Seal . '" Valerie S. Slacknick, Notary Public n S~iremanstown Bore, Cumberland Coo ty t1i'l Commission Expires Nov. 30. 2000 Memoe" Pennsylvania Association of Notaries ..'- ".' ~~~~,~.~ State of Pennsylvan',a ,~..-, ,,,,''''K,'h~,\\\-,, County of Cumberland} 86;~j:i:~~?r~~~~" Recorded in the off; t' ,,->',if "T>~i;f<,; 'I e~~, Vid for Cumb':la~~ t~e recording of Deeds f ~:'~(j:f;"\~~:';.:~~ "" it; Boo~ Vol OUnty~ Pa. :: UJ: r' I.$-"~,~,>, c_ :~! l.t:: . r", witness my hand a~d o~al of 0~~~~p1-1 ..I.... ~.. r:i~.,~~(lfi~1"~ff#.'~?\1;.~ ,; ~ Carlisle, PA this ~3',',~'i.\;I. 1I'j."' -.. : ."" .;t;;~~~~.,:(:.: BOOK 563 PACE ~30 Re d ~-~ 0 ..;;:et~_ ,..;J."'".' ~ . cor er'~,.I, UA:'''u~:; \\" ':..~'Q" '''l8ER\..~ - ~,;z>t"":', . r . .-, . J Ii'" 4i ~ . ..1.1' . I d ad shall be at the same rate as IS stated in the S' -"'~er agrees that any interest payable after a judgment IS entered. or on 81;1ultlona sums a vane . l>!g/' . ffl.ln\el1ts. .. ~ /' ;RO~IDE;. nevertheless. that should Lender's obligations to make advances to Borrower pursuant to the terms of the loan be termi~ated. ~nd . M h 'tt demand of Ovvnef lender shall either satisfy provided furthermore. that should Borrower pay irduU all sums secured by th,s ortgage. t en, upon wn en . this Mortgage of record or deliver a written release of this Mortgage to Owner. , , IN WITNESS WHEREOF. Owner has caused this Mortgage to be executed as a document under seal the day and ya.ar ~irst above \l\lT'ltten, - Douglas R. Sl$tI WITNESS~T: OWNER: V!.~/~ A~/} '. (SEAL) '--0, ~ e .~c (ill N\.nr-r-- (SEAL) By: (SEAL} 1ly: (SEAL) (Corporate Seal) COMMONWEALTH OF PENNSYLVANIA (~()lJNIVOr- ~ L L I)' lL UA LCi.__J....cL.. 55: 1997 . . before rne~ the undersIgned officer, personally appeared On 'hi-s, the 21 day (.of November Douglas R. Sisti Owner{s) known to me (or satisfactorily proven) to be the person(s} vvhose Name{s) is (are) subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purpose ther~in contained or, to the extent applicable, that he/she/they is/are the (Vice) President{s) of the Owner (if a corporation) or General Partner(sl of the Owner (if a partnership) and that, being authoriz.ed to do so, he/she/they executed' the within instrument as and for the act and deed of the corporation or partnership by himself/herself/themselves as such officer(s) or genera' partnerts) and causing the corporation"s !~al. if applicable, to be applied thereto. .,,,~ ~~\\ot~.'~tf'f1t'J ....'">I'Fl~ ,t to, ,'I:; IN \o1(N~$roVME~Q~':.f..p"8'Ve hereto set my hand and notarial seal. ~ ... .....~.......~ (./ L ~ ~ C) ,.' ,'--' ". i"'" ~ ~ '., '" "~"$/.' V ~." 6'"... ....l~.~!j.."..rrj:\.(.!:,: ~...! .~.""""..., ~....." . C ".~1.' . j)l..o ~'''., .: ;g-:';C.WA...:I~!!i~: ii~ = ;'l ~ t:-\ ~.m-r.,..'. .... ~ },":: ," 'V6...~ {lor.),. ~'" , 1;,~.......~!.,,~~Qi.,I^ ~ ~ Vi. _. u."h~. ~> ~.... .,.. ......~ ;- f ....~II!.._... ~. ,...' ,....t, ~I I..." "'t& "0''''1\ v ...~. '1"I~r' :'.' I/'/~ ~ ,\'\' .'<"f'l,. . :l. '//'1"",,,\\\\1\ "...~.. nUA LV'o X1-l' CL Q.. ft/IUjcJL Notarial Seal Notary Valerie S. Slacknick, Notal)' Public Shiremanstown Boro. Cumberland County My Commission Expires Nov. 30. 2000 Member, Pennsylvama Association of Notanes L.S. t HEREBY CERTIFY that the precise residance of the Mortgagee{s! and person entitled to interest on this Mortgage is PAUPHIN DEPOSIT BANK AND HUST COMPANY, 213 Market Street. P.O. Box 2961, Harrisburg, Pennsylvania 17105. Attention: Commercial loan Operations By: Cf.-UU Lv: {17(U ~WdW_L~O'''-..:,,- <URN THIS DOCUMENT TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY P.O. Box 2961, 213 Market Street Harrisburg, Pennsylvania 17105 Arto: Commercial loan Operation~ 8oor.1418 rAGE . 60 16-3 ( 12/95 ~--- . _;"_:'::':".:t'l~,~~j'\,~'''':'\'!'''f''-.e:'''-=",>",'''''-?~' II""" , ,i; .- "~~i-"" ^ - jJ1j' ';;j..;...:..u....""'jlii""'-';' oJ' ; II' -,....'J .',' ,ilL' ""~'Il!IiliL--'- , , ~ .. ~" N @ -t "9- \kt.""l.~~ t5?~ 68e> ~ I" I t ~~~~ $t IIiIIIII;>'L". . () C -$ ~rD ffifn Z:X1 zr (j) ,."... -<2: ~cj p(- 71 <. d >c ~ -< 'J1 r..:r :1 I <=> <=> ::m: "'" -< I .e:- o " .... I. r'71fJJ =g6r~ ;:5 ~~8- Om ~ " ::Jl: r;;> . ,.' ~~>,,>-- SHERIFF'S RETURN - OUT OF COUNTY ~~ASE NO: 2000-02777 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK VS SISTI DOUGLAS R R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SISTI DOUGLAS R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 1st , 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge DEP. YORK CO 18.00 9.00 10.00 35.60 .00 72 .60 06/01/2000 KEEFER, WOOD, so~~~~ R. omas Kline Sheriff of Cumberland County ALLEN, RAHAL Sworn and subscribed to before me this 1 ~ day Of~ :uuo A.D. ~ ~ Q. ~ 4 ~.1i' prothonotary) COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 1. PLAINTIFF/Sf 2.COURTNUMBER LU"L III C1V11. A11first Bank, et. al. 4. TYPE OF WAIT OR COMPLAINT 3. DEFENDANTLSI Not. & Complaint Douglas R. Sisti Il;o~ro 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF- P.AOI='ERTY TO BE: lI~VIED, AiTACHEO, OR SOLD. SERVE { . Douglas R. Slsti 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, lWP., STATE AND ZIP CODE AT 40 Shippensburg Rd, East Berlin, PA 17310 7. INDICATE SERVICE: a PERSONAL 0 PERSON IN CHARGE XI DEPUTI~umtew;ERlr.~tt;!. 0 1ST CLASS MAIL. 0 POSTED 0 OTHER NOW 5 /15 /00 19 _I, SIiI::FlI"FQFlI'~jlfR{C l;l~~ d.o h<:reby .2,PU~th.e sheriff of Vn=r"k- ~Ot)NTY.tQ._elC_ ~e r ~according to law. This deputation being made at the request and risk of the plaintiff. . H RI COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland OUT OF COUNTY CUMI3Elill\ND ADVANCE FEE PAID BY CUMBERLlIND COUNTY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, In custody of whomever is found In possession. after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herelQfor any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYet:. NAME A~ AD!:2.RES$ of .l\TTORNEYfORIGlliATOR and SIGNATURE bugene E. Pep1nSJ<y, Jr., Esq. . 210 walnut St., PO BOx 11963, Harrisburg, PA 17108-1963 _ _ (717) 255-8051 12. SEND NOTfCE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). Cumber land County Sheriff _ SPACE: BELOW FOR USE OF TjiESHJ=RIFI= ONI.Y -1)~'-NJ>lIJ1.1HITE BELOW THIS LINE 13. I acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Dale Received 15. Expiration/Hearing Date or campla;n' as ;nd;ca'ed above. J. Ludwig 5/17/00 6/3/0 o. 16.HOWSEAVED: PERSONAL ( ) RESIDENC')><.. POSTED ( POE( ) SHERIFF'SOFF( ) OTHER! ) SEE REMARKS 17.0 J hereby certify and retum a NOT FOUND because J am unable to locate the individual, company, corporation, etc, named above. iSee remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NO"lSHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service 9 . . !'\I'O.-\.... ',r i A 21. ATTEMPTS ~ 18 I Time Miles Int. Date I Time Miles Int. Date Time ~iles Int. ate Time Miles Int. Date o .5-r ~ 10. TELEPHONE NUMBER 11. DATE FILED 5/4/00 22. REMARKS:- <:>> rl5 \i ~. Advance Costs 100. ao ~tY"oo) #i317!:;7 34. Foreign county Costs 4~~te~_co 48. Date 43. 5/30/00 49. Date 51. Date Received 4. BLUE. Sheriff's Office . "RECEIVED" OFFICE OF SHERIFF YORK,PA 'DO Ir,fiY 17 PrJ 1 11 ;:~ " Jlr~!f~~~~""'~>!>;!'>'~"i'_~GliW'!Jll,~~41~~"~ ,_ ~_. I ~I!lI!IW~i;ID!';~'11iJ#':"F'-~";"'-"<"i'"'--''''<;''' qt11'i,",1~",6f~~~!'!I~J;"~!"i"1!mn"!"Ii!;:;ii~V~W\l:i\:ll'~i~W!!li!!r~),ilIIJ.~~ COUNTY OF YORK OFFH2E OF THE SHERIFF SERVICECaLL (717) 771-9601 28 EAST MI\RKET ST" YORK, PA 17401 SliERIFFSERVICE PFlOCESSI'IECEIPT,:and AFFIDAVIT OF I'IETURN 2. COURT NUMBER . - _ 4. TYPE OF WRIT OR COMPLAINT 1. PLAINTIFF/S! Al1first Bank, at. al. 3. DEFENDANT/S! 1"01)g1-8" n Sisr': Nc.>r & Complaint ..., .o-ct "-\., .,1.. _..J. 'VI "r ' SERVE { 5: NAME, OF INDIVIDUAL,' COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIP, TION OF PROPERTYl'O BE LEVIED, ,ATTA,C HED, OR SOLD. . Douglas R. Sisti 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE AT 40 Shippensburg Rd, Bast Berllu, P.~ 17'~J 0 7, IND,ICATESERVICE:el PERSONAL elPERS,ON IN CHA,RGE.. XClDEPUTlZe;um i:Q:eER1.-\Q.'it ell ST CLASS MAIL el POSTED el OTHER NOW 5/15/00 19 _ '1, SHERIFF O~COUNTY. -PA, do hereby deputize the sheriff of ' Y <l rk COUNTY to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR -OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: SHERIFF OF x.x.4;iX COUN~Y CumberlaDd OUT OF' COUNTY ClJMBERT A"lD ADVANCE PEE PAID BY CUMBERLJ'lND COUNTY SHERIFF . NOTE -' ON~YiA'~PLlCAQLE -_O,N :'liR1T _OF-IE_XECU1]ON:_ N.B. ,W.~~JVER o~ YfATCHMAN - Any ~eputy sh~riff .levying upon or attaching any property under ~ithin writ may'leave sam~'~vtithp'l,It _a; w~~ch,m~n; in _custddY_-?f:W~omelJer is found ,i~ posses,sion,,_ -alter notifying person .of levy~or -att~chment, witt)out ,liability on the e~rt af suc;ndepuw-or the sh~riff to any plai,nliff'l1erein for MY~CiSS;, - .., ~ "" r. re_rnov_a,I_ c;itany-property,;bef4re__s.!i.eriffs s~l!3 ther~of. ' . .': ;,_>,~" , 9. ~~~~:!I~!L . . ?R:fJ!{(jl'I1rs~?RaI'dSt~NA]1JRE . ~l11'.TELEPHONENlj;;'B"R 1l'O~TE FILED 21qYWalnlJt,Sj:.~1'j POBo;c1l963, Harrisburg, FA 1710.8"'1963 (71'7) 255-8051 5/4/00 12. S~ND NotiCI:rQF-S'!:RVICE--COPY TO 'NAME'AND 'ADDRESS BELQW: (TI:IIs: area must be c'ompleted if notice is ta be mailed). Cumberland CoUnty Sheriff SEE RI:::'MARKS 22. R~MARKS: t' . / 43. /-7~,~ ,',' ", .Yv71" ,#.-0'i.(.;,~~;.:,. ':~ :/-' I / I ,0-', r< \; :~ 23.- Advance Costs . s:' 100; 00 .,' , 34,:Fareign>County Costs' , ,,--' ",,, ," 41. AFFIRMED and sUbscr;~lkI';'~ci'~'~f~re 'rfie-this' ,'t 30th 44. Signature of De . Sheriff "lg2000 45. Signature .of York , /' j/ CQ,unty Sheriff .. " /;I;>r.j;;;, \1!ili:i3nl M. Hose ''pj'ol,ho~~!yr 'ta:" ,P~bl: ~ 46. Signature .of Fareign MY CO MISSION EXPIRES ", y,,-;:.-:-, /--: ''& - Coun Sheriff 50.1 ACKNOWLEDGE RECEIPTQF:TRESHER1FF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUmQRITY AND TITLE 1; WH.ITE - Issuing Authority 2. PINK ~_ Attorney 3. CANARY ~ Sheriff's Office 4. BLUE - Sh!3'ritrs Office '. .. '47.D,ate, -. _ r) Po S-~~ --- 48. Date if /..#;jJ '-"/{./~-f ,~ t. I".-~.,.,.-",",-- 5/3(;/00 49. Date 51. Date Received .......".., . ',.. .. HEATH L. ALLEN N. DAVID RAHAL CHARLES W. RUBENDALL II ROBERT L. WELDON EUGENE E. PEPIN SKY, JR. THOMAS E. WOOD JOHN H. ENOS m GARY E. FRENCH DONNA S. WELDON BRADFORD DORRANCE JEFFREY S. STOKES ROBERT R. CHURCH STEPHEN L. GROSE R. SCOTT SHEARER WAYNE M. PECHT DONALD M. LEWIS m BRIDGET M. WHITLEY CRAIG A. LONGYEAR BRENDA L. GACI.(I JOHN A. FEICHTEL STEFANJE A. MORRJSON --1- --, ,,-, ~ ^", "~.--- - - - -,,-, 'v ,.~'! I , ! i KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET P. O. BOX 11963 HARRISBURG, PA 17108-1963 ESTABLISHED IN 1878 OF COUNSEL: SAMUEL C. HARRY PHONE (717) 255MSOOO FAX (717) 255-B050 WEST SHORE OFFICE: 416 FALLOWFIELD ROAD CAMP HIl-L, PA 17011 (717) 612~&eOO EIN No. 23M0716135 WRITER'S DIRECT DIAL: 255-8052 sgrose@keeferwood.com October 2, 2000 The Honorable Edgar B. Bayley Cumberland County Court of Common Pleas Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013-3387 Re: Allfirst Bank v. Douglas R. Sisti Cumberland County CCP No. 00-2777 Civil Term Dear Judge Bayley: It has recently come to our attention that in the praecipe listing this case for trial we inadvertently marked the box for trial without a jury, as opposed to a jury trial. The defendant had made a jury trial demand in its answer. Accordingly, we respectfully request that you withdraw this case from a non-jury trial scheduled for October 19, 2000 in Courtroom No.2. We will list this case for the next trial term in January 200 I. Thank you for your consideration in this matter and we apologize for any inconvenience this may have caused the Court. Sincerely, KEEFER WOOD ALLEN & RAHAL, LLP By: ~~~ Stephen L. Grose SLG/kdr cc: Elizabeth B. Stone, Esquire 3 heM!-- ~.. . ~ IAI';/'). Q \ ,,\~<.,.,. - -;', ()lo ~,'~ =- -'--",- ",--, ,,--,c 'e--',--, ~ I, i i I , ALLFIRST BANK : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DOUGLAS R. SISTI : 00-2777 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of October, 2000, plaintiff having inadvertently listed this case for a non-jury trial when defendant had previously demanded a jury trial, the order of September 15, 2000, setting a non-jury trial for October 19, 2000, IS VACATED. EdgarB. Bay , . Elizabeth B. Stone, Esquire For Defendant y C . ~.OO ~\O-6~ Stephen L. Grose, Esquire For Plaintiff Court Administrator :saa ~::',j EC,.i} H~~E """",,':'~i'!'\R'Y .1,,_,,_1 I , 0"'- C' ,','" ." 2'1 n11 .1'.1 -"'"" ,"1'1-"1.. ' '.....'.,} _'., \ V . _ v .... CUM3U:ILI,'ID COUi'.'iY PEN\\\S,{LIJ~N\f:I ~ ,1m 'k ,~ 4t~~ ~~~~ ,j,!1lI'1!lIl.:ml'f:=~_<,~,""""~ r- ",~l m H -"" ,--~ -- _ -,~'. __ ~.._. ,,_ ',,,-,___~ '-.~__,.., ',1%.",--",,_.,,__ -,,-, .'-' ~,' '. '-'-'.o.ii>"""I-;i~C""'<-" ,,' _ [:': Richard J. Pierce Court Administrator OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square. Carlisle, PA 17013 .Phone Taryn N, Dixon (7"17) 240-6200 Assistant Court Administrator (717) 697-0371 (717) 532-7286 (717) 240-6462 FAX MEMORANDUM TO: The Honorable Edgar B. Bayley c- If_ Taryn N, Dixon, Assistant Court Administrator ~Yl ~ September 12, 2000 FROM: DATE: INRE: 2777 Civil 2000 v. I; ii II Ii j; i1 :'l ~ ii II II ALLFIRST BANK DOUGLAS R. SISTI The above case is assigned to you for a non-jury trial. Please provide me with copies of your scheduling orders and final disposition date so that I can monitor the case for statistical purposes. Attachment ---- ,- ~ ~ ~ ~ -.-, --.. ..--..._..__._..._---------_._~_..,' PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTAFlY OF CUMBERLAND COUNTY Please list the following case: (Check one) for JURY trial at the next term of civil court. X) for trial without a jury. -.-.--.-.--.-..-... -------....-......--.--......-.-..--.--...-...-...*................... CAPTION OF CASE (entire caption must be stated in full) (check one) ALLFIHST Bl\I!ilK. successor to II!WPHIN DEl'OSIT Bl\I!ilK AND TRJSr a:MPANY Assumpsit Trespass ( x) Trespass (Motor Vehicle) M..d: 19a~ Foreclosure , (other) (Plaintiff) vs, IXXJGLAS R. SISTI The trial list will be called on 0C'l0BER 10, 2000 and (Defendant) Trials commence on ocroBER 30, 2000 Pretrials will be held on ocroBER 18, 2000 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 2777 Civil. Tenn 2000 Indicate the attorney who will try case for the party who files this praecipe: Stephen L:... Grose Esquire, Keefer Wood Allen & Rahal, LLP, 210 Walnut street, P.O. Box 11963, llbg. PA - -17108-1963 Indicate trial counsel for other parties if known: Elizabeth B. Stene, ~ _ ____.__ Stene LaFaver & SheJdetski, 414 Bridge Street, New CUnberland, PA 17070 Date: q;"I/)D Signed:~ C-/~ Print Name: Stephen L. ~~, Esquire Attorney for: . P:"i'1~?~f ___ _______ This case is ready for trial. l~lli~_Ml1llliiii~~ll,~~""''':illilll~oI:~'-~ r '-~";;;[;,i1.:trl~~mIBl!"~"-~"'" ",,"' -, 1-='>< "~I..Wl~lil'''''''''"''''' r' C -O~,: ~~:' Ul ~ r~ ~5::.~- p~~ ;"1) -'I "0 ~,' -' ~~~, -< h.! --c , "" .." ._.~ "= - . , 'J_: '., . .-. '. ...-, .-.. .--.-..--.--..-----..------..., SEP 11 2 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. X) for trial without a jury. o 'c' . c . _._._.__.__..__._-_._._;~~Z-~~... l\li'_ 7~'::,~ Z~,. (Check one) '2::-.. ,--:;c-' Assumpsit 2? c .. z{-\ :"_".' 5(::: Trespass Z 2 r"l CAPTiON OF CASE (entire caption must be stated in full) ALLFIllST BlINK. succ '% to Ill\UPHIN DEro6IT BlINK l\lIlD TRlST can>JllI\Y ( X) Trespass (Motor Vehicle) fbrtgage Forec:Losure - . > (other) (Plaintiff) vs, IXXJGLAS R. SISTI The trial list will be called on OCTOBER 10, 2000 and Trials commence on OCTOBER 30. 2000 (Defenciant) Pretrials will be held on OCTOBER 18, 2000 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 2777 Civil _ Teon 2000 Indicate the attorney who will try case for the party who files this praecipe: Stephen L~.. Grose Esquire, Keefer Wood Allen & Rahal, LIP, 210 Walnut Street, P.O. Bole 11963, lD:Jg. PA - -17108-1963 Indicate trial counsel for other parties if known: Elizabeth B. Stone, ~___ ___. Stone LaFaver & Shekletski, 414 Bcidge Street, New CuItler~L PA 1707~___ Oate: q /11/ /)0 Sjgned:~_ r;:/~ Print Name: Stephen L. ~. Esquire Attorney for: . p~"in!~~ ___ ______ This case is ready for trial. -'1 ,."--', ~i" ri e pd\ntc\sistall.fst/not . . " I r~ ~} ALLFIRST BANK, successor to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2777 CIVIL TERM " i< v. MORTGAGE FORECLOSURE DOUGLAS R. SISTI, Defendant JURY TRIAL DEMANDED TO: ALLFIRST BANK, successor to DAUPHIN DEPOSIT BANK AND TRUST COMPANY PLEASE TAKE NOTICE THAT YOU ARE REQUIRED TO FILE A REPLY TO i , ! , g iJ DEFENDANT'S NEW MATTER WITHIN 20 DAYS FROM THE DATE OF SERVICE HEREOF OR JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU. STONE LaFAVER & By Attor ti . . J ,;-'0-- r -j':-- ~.- , '-- '~i i i r: Ii!! pd\ans\sistiall.fst\6-99 ALLFIRST BANK, successor to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2777 CIVIL TERM v. MORTGAGE FORECLOSURE I" .: t' I Iii ", H 11 I:: DOUGLAS R. SISTI, Defendant JURY TRIAL DEMANDED {1 ANSWER I ';0 , p I;, l ~ 1 '.! AND NOW comes the defendant, Douglas R. Sisti, by and through his attorneys, Stone LaFaver & Shekletski, and sets forth the following answer to plaintiff's complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Both admitted and denied. It is admitted that under the terms of mortgage, failure to make timely payments due and payable under the mortgage would constitute "default" as defined. However, it is denied that the Defendant failed to make timely payments. Furthermore, it is asserted that the Defendant did, in fact, make all mortgage payments to the Bank, and, as such, is not in "default" as -1- II li "'-~::F ";c,'" , '-,'-_O"<'_',"_'V_f,'C':-":<' ";:'J"" '^ '.. ';"-~'r'-;-~,'}' ' ,'~'-,\- '-/- ',',-' " ~ ,;', tit Wi I;: I, ',1 :1 correct copy of the Defendant's payment history is attached hereto, [: " II Ii ,y W ii' !r [i I: " described under the terms of the Note and Mortgage. A true and made a part hereof and marked as Exhibit "A". 7. Denied. Defendant has always attempted to make timely Ji ;,i i' ,\' payments according to the terms of the Note and Mortgage as set forth Ii f i, ',j, in the Note and Mortgage dated November 27, 1997. See also answer to #6 above. A true and correct copy of the Defendant's payment history (", Mortgage provide for said acceleration and demand of all sums due. It , ,'J' Ii it' H I' ff 11 is attached hereto, made a part hereof and marked as Exhibit "A". 8. Admitted and denied. It is admitted that the terms of the is denied that Defendant is in "default" as defined by the terms of said document. It is further averred that the Defendant has made all t it I ~I; ;,:: I: ~! w ,I ii, " Ii: '! of the required mortgage payments as required under the terms of the Note and Mortgage as evidenced by attached Exhibit "A". 9 . Admit ted. 10, Denied. After reasonable investigation, defendant is without knowledge to either admit or deny the averments of paragraph 10 and proof thereof, if relevant, is demanded at time of trial, By way of further answer, it is averred that the claimed attorney fees are excessive and unreasonable, in light of the work product necessary to bring about a foreclosure action. 11. Admitted. -2- :1 II J ~~. , . ti ~ f f j' . , I; . ~ r , 12. Admitted. NEW MATTER ~ m I I', , i 13. Paragraph 1 through 12 are incorporated herein as if set ~ J' forth fully below. ~, ~ 14. It is alleged and therefore averred that on several j' ~ ~ at the local branch located at lOth and Lowther Streets in Lemoyne, , , [ U p p ~ ~ f ~ occasions after Plaintiff, as successor in interest to Dauphin Deposit, assumed Dauphin Deposit's banking business, Defendant attempted to make his monthly mortgage payment to Plaintiff in person Pennsylvania. On at least three separate occasions, Plaintiff, acting 15, Because of Plaintiff's refusal to accept Defendant's l I ! , , ~ ~ r ~ , t t \ i , I I , I I through its employees and agents, refused to accept payments from the Defendant and instead demanded that all payments be mailed rather than delivered in person at the local branch office despite the fact the Defendant was in the bank, in person, tendering the payments with good funds. mortgage payments in person at the local branch office on several occasions in 1998, Defendant's mortgage payments were deemed late and interest accrued; however, Defendant continued to send accelerated mortgage payments to the Plaintiff so that he would not fall behind. -3- , ~ U i-~--- ~'.' " ~ I ~ ~ ~ , ( ~' w k , l~; , ~ ~ ~ . 4 f , . B t h ~ ~ 0 ~ ~ ~ ~ , " i~ l ~ ~ . , k ~ F :1 ~ ~ ~ r ~ ~ K . ~ ~ ~ I , 16. It is alleged and therefore averred that Defendant paid the outstanding interest on March 10, 2000, in the amount of $1424.19, as requested by the Bank. It was Defendant's understanding that once this outstanding interest was paid, that he would be deemed current on his mortgage payments. WHEREFORE, defendant requests your Honorable Court to enter judgment in his favor, dismiss plaintiff's complaint of the Mortgage foreclosure, and award any other relief that this Court deems just and proper, plus costs of suit and attorney fees. Respectfully submitted, STONE LaFAVER & SHEKLETSKI By .0. Box E PA 17070 774-7435 Defendant -4- ~ U L -""-i , '~i pd\mis\l-verifi.aff VERIFICATION DOUGLAS R. SISTI states that he is the Defendant named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa, C.S.A. ~4904 relating to unsworn falsification to authorities. ~~b OUGLAS R. SISTI Date: tinloo il -r.' ,"< , ~.-I, pd\mis\lservice CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Defendant, Douglas R. Sisti, hereby certify that on this date I served a true and correct copy of the within instrument on Plaintiff's counsel of record by first class mail, postage prepaid, addressed as follows: Eugene E. Pepinsky, Jr., Esquire Keefer, Wood, Allen & Rahal 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 DATE: ~\ \ LlOQ ii II ,.~ . Morgage Payment Record 06110/00 Dauphin Deposit Bank 11121197 First National Bank Of Maryland 01/01/99 MFirnt Bank 07112199 Payment Due Date on the 2otl1 of Monti $1.575,88 Date Cleared Check Date of Check My Bank Number Check Amount ok, 1002 12120/97 $1.575.88 First Payment ok. 1015 01121/98 $1,575,88 $0,00 ok. 1046 03/21/98 $1,575,88 ok. 1062 04124/98 $1,575.88 ok. 1102 05115198 $1,575.88 $0,00 $0,00 ok, 1161 08111/98 $1,654,87 ole 1173 09/08/98 $1,700,00 ok. 1179 10106/98 $1,700.00 ck, 1198 11106/98 $1.700.00 ok. 1211 12108198 $1,700,00 ok. 1238 01112/99 $1.700.00 1st nat bank md. 02110/99 ck. 1258 02108/99 $1,700.00 1st nat. bank md 03/12/99 ok. 1269 03/08/99 $1,700.00 1st nat. bank md. 04128/99 ok. 1292 04116199 $1,700.00 1st nat. bank md. 05/17/99 ok, 1003 05107199 $1,700.00 1 sl nat. bank md 06123/99 ok 1025 06117/99 $1.700,00 1st nat. bank md. 07/19199 ok, 1029 07112199 $1,453.29 allfirst 08120199 ok. 1041 08/12/99 $1,500,00 allfirst (l9/13199 ok, 1046 09109199 $1,700,00 allfirst 11101199 ck, 1007 10/28/99 $1,600.00 allfirst 11122199 (:k. 1071 11/15199 $1,700.00 allfirst 12116100 ok. 1076 12/11/99 $1,575,88 allfirst 01/31/00 ok, 1087 01/18/00 $1,700.00 ailfirst 02118/00 ok. 1092 02114/00 $1,700,00 ailfirst 03117/00 ok, 1119 03/10100 $1,70000 ailflrst 03117/00 ok, 1120 03110100 $1.324,19 pel. interest 04/10100 ok, 1131 04106100 $1,700.00 allfirst ok, 1136 05110/00 $1.700,00 alifirst ok. 1159 06106100 $1,700.00 allfirst $47,587.43 EXHIBIT "A" - '''''''' -, - __ ,. - C_"' ~, i -. :', ,_t '-, ' ^" -'" -, j''- ,.-" -- -, ,--, -,~,---:';"-- ,," - ----<.'',-'.'-1 . -, ,"~--- ,', " , ,'. ";;,, "--~' ",---',,---';:".",:' ,-',,-- - , """I -,-. .' ..... . 1 , ~ ~ I ALLFIRST BANK, successor to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2777 CIVIL TERM v. MORTGAGE FORECLOSURE DOUGLAS R. SISTI, Defendant JURY TRIAL DEMANDED REPLY TO NEW MATTER 13. Paragraphs 1-12 of the Complaint are incorporated herein as if set forth fully below. 14. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of said averments, and proof thereof is hereby demanded at trial, if relevant. 15. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of said averments, and proof thereof is hereby demanded at trial, if relevant. By way of further answer, Defendant has been and remains in default of his monthly mortgage payments. 16. Denied. Defendant's payment(s) did not cure existing defaults. I. , ',.' ,_" __n_ -- -, -_ - ,,,' '" ,,-0- ,~~ -- .j!j .. , . 1 . , . 1 WHEREFORE, Plaintiff requests judgment against Defendant as requested in the Complaint. KEEFER WOOD ALLEN & RAHAL, LLP ~ Eugene . Pepinsky, Jr. Attorney 1.0. #23702 210 Walnut Street P,O, Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Date: June~, 2000 By: Attorneys for Plaintiff -2- ,~......-~" ~ ~- .-- ~, .' JUN-19-00 MdN 15:06 06/15'/1210 1.:S! 33 717565287121 ALLF1RST SPECIAL CREDITS':. ' FAX NO. 7175652870 KEEFER WOOD "'lLEN & RAHAL .. 7175652870 p, 05 NO .1'152 POOd/l3Bd VERIFICATION The undersigned Kenneth L. Milliken, hereby verifies and states that: 1, He is Assistant Vice President of Alltirst Bank, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The facts $Elt forth in the foregoing Reply to New Matter are true and correct to the besl Of his knowledge, information. and belief; and 4. He is aware that false statements herein are made SUbject to the penalties of 18 Pa. C.S_ S 4904. relating to unSWorn falsification 10 authorities. L~~~~ Dated: June /1,2000 -3- ~l~;h:';" " ""',;~ ' y,,,-,,, ,~ -" , ,'....."""';" '"""~-"'~~"""'1~!~11i/,tIlj . . -,~ " '-~""........~-~" - ",-- ~iiI_ ,~~';'iL.,"",,-- ~ I -~, " " ^ -~~~^ () ,;:: <<:-=-- \:.1c.G [DII" ;t~ ~~:; (O,,~.:: ~E~: ,'" ~8 l_ ~ -<, .'>>- -.' " (.::J CJ -n , , , ~T! f-""~) , '1 ") "'.,7 \':) -8 ;~~~ u :::.j 5J -< I;-? -~_..) (::> ~ ALLFIRST BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOUGLAS R. SISTI 00-2777 CIVIL TERM AND NOW, this ORDER OF COURT l ~ day of September, 2000, IT IS ORDERED that a bench trial shall be conducted at 8:45 a.m., Thursday, October 19,2000, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Cqurt, / y t ~~ 6? \~.OO q- ~ ~--=- .~~ !l.k ~ l;~.- . .~- ~ ,.. '~~C~ ~ _ ~ - - .- .. [:5,_ ,~__~o~_~_ ~ ~-~ ~::c::"'- n ~~ ~ ~-~- , , . Le_n- E.n:::-~- r- 1;-'" , ~ _. '" ~,~ Il'l"~'~ ~ ~, ~ "I'~ ^ " FiLEfJ-C'i-"flCE C~C T~:~ t;t1('\T'-!']i':IO. "'''y' if ".,,-! """"il" 'f! fi11'1 aD SEP I 8 AM 9: I 5 CUMBeRLAND COUNTY PENNSYLVANIA ~ =" N_,_"ll!~- ~-- ~1ij~1~ 1I'iI~~IlI'i1 _ p~ll~~l1!:! '''~-_''''!'' _ ,