HomeMy WebLinkAbout03-0230WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
Attorney for Plaintiff
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
vi.
STEPHEN D. TUCKER AND :
JEAN E. TUCKER, h/w :
1 Queen Anne Court :
Camp Hill, PA 17011-1733 :
Defendants. :
:
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO. OS --
NOTICE TO DEFEND
NOT I CE
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 complaint 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. [F 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.
CUMBERLAND COUNTY BAR ASSOCIAT]ON
TWO Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si
usted desea defenderse de las demandas que se
presentan mas ade[ante en [as siguientes paginas,
debe tomar accion dentro de [os proximos veinte
(20) dias despues de la notificacion de esta
Demanda y Aviso radicando personalmente o por
medio de un abogado una con~arecencia escrita y
radicando en la Corte por escrito sus defensas de,
y objecciones a, [as demandas presentadas aqui en
contra suya. Se le advierte de que si usted fa[la
de romar accion como se describe anteriormente, el
caso puede proceder sin usted y un fa[lo por
cua[quier suma de dinero rec[amada en [a demanda o
cua[quier otra rec[amacion o remedio soticitado
por el demandante puede ser dictado en contra suya
por la Corte sin mas aviso adiciona[. Usted puede
perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU
ABOGADO INNEDIATAMENTE. SI USTED NO TIENE UN
ABOGADO 0 NO PUEDE PAGARLE A UNO, LLANE 0 VAYA A
LA SIGUIENTE OFICINA PARA AVERIGUAR BONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
Two Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
165814-1
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
Attorney for Plaintiff
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO. ~,~
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff N.C. Ventures I, L.P. ("NCLP") is a limited
partnership organized and existing under the laws of the State of Texas with a
place of business located at 4100 Greenbriar, Suite 180, Stafford, TX 77477.
2. Defendant Stephen D. Tucker is an adult individual who,
upon information and belief, resides at 1 Queen Anne Court, Camp Hill, PA
17011-1733.
3. Defendant Jean E. Tucker is an adult individual who, upon
information and belief, resides at 1 Queen Anne Court, Camp Hill, PA 17011-
1733.
165814-1
4. On or about November 10, 1995, the Defendants executed a
mortgage (the "Mortgage") in favor of the Plaintiff upon the premises known as 1
Queen Anne Court, Camp Hill, PA 17011-1733 (the "Property"), which Mortgage
was duly recorded of record on November 30, 1999, in the Office of the Recorder
of Deeds in and for the County of Cumberland, Commonwealth of Pennsylvania,
in Mortgage Book 1293 at page 829 et seq. A true and correct copy of the
Mortgage is attached hereto, made a part hereof, and identified as Exhibit "A".
5. The Mortgage secures the repayment of certain sums owing
from Defendants to Plaintiff on that certain Promissory Note dated November
10, 1995, in the original principal amount of $25,000.00 (the "Note"), which was
duly issued by Defendant to Plaintiff, a true and correct copy of which is
attached hereto made a part hereof, and identified as Exhibit "B".
6. The Note and Mortgage have been duly assigned to, and are
now owned by Plaintiff.
7. Defendants are the real owner of the Property encumbered
by the Mortgage, a metes and bounds description of which appears on Exhibit
"C" attached hereto and made a part hereof.
8. Defendants are in default under the terms of the Mortgage in
that they have failed to make payments of principal and interest as required
pursuant to the terms of the Note and Mortgage, despite demand therefore.
9. Defendants are indebted to the Plaintiff under the terms of
the Note and Mortgage as follows:
165814-1
Principal
Interest through 11/5/02
Attorney's Fees
TOTAL REAL DEBT
$19,470.73
$ 2,391.28
$ 826.77
$22,788.78
Interest continues to accrue in the amount of $4.93 per day.
10. The notice provisions of Act No. 6 of 1974, 41 P.S. §403 et
seq. have been complied with. True and correct copies of the Act 61 notices are
attached hereto, made a part hereof and identified as Exhibit "D".
11. The provisions of Act 91, 35 P.S. Section 1690.41 , do not
apply to this transaction.
WHEREFORE, Plaintiff NCLP demands judgment in mortgage
foreclosure in its favor and against Defendant in the amount of $22,788.78, plus
interest at the per diem rate of $4.93, costs and fees, and for foreclosure and sale
of the mortgaged property.
Dated: January 9, 2003
Submitted by:
Atto~laintiff
165814-1
VERIFICATION
I, Jeffrey Tare, certify that the facts set forth in the foregoing
Complaint In Mortgage Foreclosure are true and correct to the best of my
knowledge, information and belief, and I understand that false statements made
therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to
u~worn falsification to authorities.
Date:
165814-1
Exhibit A
CoreStates
(PA)
OPEN END MORTGAGE
(Small Business Growth Line)
This Mortgage secures future advances
day et' November
OTHIS MORTGAGE, made the 10t:h
by S'P_,e~i-~ D. ~ Jemm E. ~,k.~-o
,~9 9~
[whether one or more the *Mor~gagor") to (~'~La~e~ ~mk, N.A.
(the "Mortgagee").
In consideration for and to secure payment and pertbrmance to Mortgagee by St~ *~rt D. ~ Indivj~m] ],y &
S'Le?,t,m D. ~x,'.l, et.w, & a~ur~zba, p,o~ A_v,d~'la.mb~ & J~an E. ~mla~i~ (whether
one or more per.,~'ms, called the "Obligor") of the obligations set forth herein in paragraph 1, Mortgagor hereby grants and conveys to
Motlgagee:
ALL the lot(s) or piece(s) of ground, situate in the County of C'mlmvlm"~ , State
of F.~ax~%¥~.4 a . more specifically described in Exhibit "A" attached hereto and made a part hereof.
TOGETHER with all the buildings and improvements now or hereafter erected on said premises, and all easements, rights' and
appurtenances thereto belonging, and the rents, issties and profits which are hereby assigned to Mortgagee. with the fight to collect the
same, and all fixtures, maehinevd, equipment and appliances now or hereatter attached to said premises, or used in connection ~herewitb.
all of which, inchtding rephcements and additions thereto, shall be deemed to be and remain a part of the property covered by this
Mortgage; and all of the foregoing premises and property are herein retorted to es the 'Premises."
TO HAVE AND TO HOLD the Premises tmto Mortgagee, its successors and assigns tbrever, in fee.
Mortgagor hereby a~igns to Mortgagee all leases already in existence and to be created in ~e future, together with ~ll rents due ani to
become due under existing or future leases.
1. This Mortgage and the rights in the Pru~ni~s hereby ga'anted shall secure Obligors obligation to pay or peffmm the following:
(a) All existing and Ihture obligatiom% linbilities and indebtedness of the Obligor at any time incurred or arising under er in
connection with that ce~'tain ..~nmll Business Growth Line Agreement having a Credit Linut or'
$ 25tO~O.00 I and dated November loth ,. 19 95 or any renewals,
exteusions, modifications or amendm~l~s thereof (collectively the 'ObligationS), including all principal, interest, fees. expenses
(including reasonable attorneys' tees) and eom payable under or in connection with the Obligation; and
(b) All amounts expended by Mortgagee in the pertbrmanee by it of any duly of Mortgagor contained in this Mortgage which
Mortgagee may elect to expend on accoun! of the failure of Mortgagor to perform the same. together with interest thereon and
all costs, exl'~'nses and actual attorneys' fee~ inenrred in the perfection or enforcement of the Mortgagee's rights hereunder
2 Until the Obligation, all sums due theretmder and all other sum secured by this Mortgage are paid in full. and the Obligation has been
terminated, Mortgagor (and it'more than one. jointly and severally) covenants and agrees with the Mortgagee as follows:
All payments on the Obligation will be made when and where due, all sums now or hereafter payable under the terms of the
Obligation or this Mortgage or ,.zcured hereby will be paid when and where due. and all of the agreements and covenants
contained in the Obligation. this Mot'~gage and in other documents secured hereby ~hall be performed promptly and observed in
lh[l accordance with their terms.
To pay at least (30) days prior to the accntal of an)' interest or penal~ thereon, all taxes, water and sewer rents, assessments and
all other charges or claims which may be asse,~-"d or levied upon the Premises at any time (all herein called the "Claims") ~d
to deliver to Mortgagee within fifteen (15) days al'ter such paymen! evidence thereof satisfactory to Mortgagee. Mortgagee shall
have the right to require Mortgagor pay mob Claims to Mortgagee monthly in advance.
To maintain at all times with respect to the Premises im,'urnnce, against such hazards, in such amounts, and with insurers as are
satisfactory to Mortgagee and with a standard mortgagee clause; and to pay as they shall become due all premiums for such
insurance. Policies evidencing such insurance shall be depos{ted, premiums paid, with Mortgagee. In the event of an,,' loss
damage to tl~e Premises, Mortgagor will immediately notify Mortgagee thereof in writing and Mortgagee may file proof cf loss
if not filed promptly by Mortgagor. Mortgagor hereby authorizes and directs any insurance company concerned to pay d~rectl?
:o ,Mortgagee any proceeds (not in excess of the total amount due Mortgagee hereunder) which may be payable under suck
insurance, including return of unearned premiums..vabject however to the rights of the holder of any prior mortgage under an3
policy of insurance, mad Mortgagee at its option ma5' apply such proceeds or any part thereof to the indebtedness secured kereb~
or ~o the repmr and restoration of the Premises.
id) To maintain the Premises in ge, od conditinn, re'dm' and repair and to.make restorations mad replacement~ reasonably required h2.
Mortgagee and not to make or pennit to be made, any alterations, demolition, addition or improvements to the Premises without
first obtaining the wfi,ton con.at of Mortgagee which con.at Mortgagee reserves the fight to reflase to grant; and to Fermi:
Mortgagee and its representatives to enter the Premises and inspect the same at all reasonable times.
(e) To pay when due all sums payable under, and to perform and observe all agreements contained in any mortgage or ether lien
which may have priority over the lien of this Mortgage, and npon request to deliver to Mortgagee promptly satisfactory
of such p%wnenl and performance.
To ex=cute and deliver to,. .~. : upon request such documents and smtc'~ f ~o~gng~ ~y require to p~t. prot~
or extend th~ li~ or pfio~ of ~s Mo~agc on ~e Premi~ ~ to pay '~osB of ~rding or filing such d~u~ o~
~tnlemcnt m such public o~]c~ ~ Mongag~ m~y require.
(g) If any p~ of thc P~mi~ iz ~onde~, all pro~s shall be appli~ first to pay ~o inde~ seo~ hereby. No
for ~c damages ~l~ncd thereby shall be made by Mo~gngor wi~out Mo~gngec's p~ ~ approvnl'~crcof.
(h) Mo~gagor shall ~mply with all laws, o~[n~c~ ~ re~latio~ ~ting ~e Praises.
3. Mo~ga8or r~r~ts ~d wa~ants 1o Mortgagee ~at M~gagor lazily o~s ~¢ P~ in f~ simple ~d h~ ~e ab~lu:e
to mo~gag~, grnnt and ~nvcy fl~e Praises Io Mon~ag~ t~ of ~c intent of any oth~ p~n or en6ties exc~t for ~y :n~eres~
presently of r~ord.
4. (a) As ~d in ~his Mo~gagc, ~c following s~s s~all have ~¢ following m~ings:
(i) ~e ~e~ "Environmental L~ws" means ~y and all applicable red.al, state and 1~1 mviro~ental laws, roles ~d re. la,ions
whclhcr now existing or hereaaer enact~ together with all ~cndm~ts, ~ificati~s ~d ~pplemen~s
(ii) The tcm~ "Haz~dous Submenu" m~r,s any combining, h~ardous subst~ces or wastes, pollutants, Ioxic subst~ces
waste. ~gulal~ subs~c¢s or oth~ ~mila' ~bsanc~ or wastes w~ch may be ~e ~bject of [iabiliF pursu~ to
Environmental Law.
Cb) Mortgagor represents ~d wm~nts to Mon8ag~ that (i) die Pr~i~ ~d Mo~gagor ~e in ~11 compli~ce xvi~
Enviro~mml ~xvs; (ii) MongaFor has no ~owtcdge of or notice ~nc~g any ~tial ~abili~ under, or ~y investigation
or proceeding II.earthed or ~din8 un~ thc Envim~enta] ~ws ~sing from ~ o~memhip or operation, past or prmenL of
~c Premises; (iii) there arc no ~d~ground or above Found smrag~ t~s on ~e P~i~ ~at ~ve been ~ for ~c storage
of petroleum pr~ucts or ~y H~aMous Substance nor to ~e ~st of Mongagor's ~owlcdge, haw ~y such t~ been l~ated
on the Premis~ at any time; and (iv) there is no evidence of ~y rele~, ~charg¢ or pollution ~om ~y pewoleum products or
any H~a~ous Sub~t~ce on the Premis~,
(c) Mortgagor co~nants and ages Ihat (i) Mo~gagor ~ali not, ~d shall not p~it ~y o~er person to, l~ate, store, generate.
manufacture, precis, disldh~le, tL~, t~at. lran~o~, h~dl¢, dispose or; emit, di~h~ge or relea~ ~y H~ardo~ Subslmce
fi'om t~r with re~p~t to the ~mis~ ~ong, gor may ~. store and ~spese of. clem~g rent.als ~d office supplies m
ordin~7 course of Mo~ngagor's business in rcasonablc qu~titi~ md ~ ~mpli¢nce wi~ ~vim~ental Laws); (ii) Mo~gagcr
shall immediately no61~ Mt~ngagee of any x4elatlon or' or poten6~l liabiliW ~der ~c En~m~tal ~ws; (iii) Mo~gagor shall
immediately comply wi~ any order. ~ction or demand of ~y governmental ag~cy or legal or ad. hi.retire ag~cy having
jurisdicmm over the Premis~ to eicon and ranm'e any H~m'do~ Subs~ from d~e Premiss and to pay for such cle~ up.
removal and a~sc~iatcd cosls, fin~ and p~altles; alld (iv) Mo~Xga8or shall efl~e~se c~ply w~th all Environmental Law ~d
laws relat~ to Ibc stor~e, handling a~ dis~sin8 oi'pe~leum pr~ucls.
(d) Al any time Mo~gogee shall ha*~ Ihe fight, bul nol Ihe obligation, ~o conduct or ca~e to be-conduct~ by ~y o~ persor.
designated by Mo~gagcc ~ enviromnentat mtdit or similar ~t cook.ag mc p~mi~ md ks compliance
Environmental ~ws md Io asce~ain thc cxist~ce ot'H~r6ou~ Subst~ces on ~e Praises. M~gagor shall pay all cos~ ~d
expens~ as.~iat~ xvith such audit or ass~smcnt. Moagngc ~d its d~i~s ~ authofi~d to ent~ up~ ~e Pr~is~
pcrth~ such attdit or assessment and to ~nduct all tesls n~a~ incl~ing above ~d ~low ~ound t~n. ~ such audit.
asscssmcn~t er other inqui~ reveals Ih~ cNJslg~g~ of an~ ~o~ Submmces or non~mpli~cc with Environmenlal
Mortgagee, at Mo~gagor's ~se. shall have the d~t. but n~ the obli~tio~ to ~c ~ ~iscs to be ~atcd by persons
dust ~atcd by Mo~xgagcc. as is ne~s~ in Mongagee's opinion. Io cause ~e Premi~ ~ comply wi~ Envire~tal Laxvs
~o be free of E~ardot~s Substances. ~y c~ or expose ~g '~om any audit. ~ment or o~cr iaqui~ ~d
trcatmcnl not paid by Mortgagor may ~ paid by Moagagee. Mortgagor will pay lo Mon~g~ i~ediately, md wi~out d~d.
all sums of money adxanccd by Mm~gagce pu~ant t0 ~is para~ph togeth~ ~ iater~t on ~y such advice at the in:eres~
rat~ then in cfl~ct undcr the Obligation and ail such sums and inlerest th~on shall be secub~ hereby.
(e) Mortgagor shall .dot, nd, indemni~, and hold ha~l~ Mo~ga~ and its d~tom, offi~, agents ~d ~loy~s, from ~y and
all liabilities (including strict liabili~), ~ctions. d~ands, penalti~, Im~ ~ or ~pcns~(~;ludmg wi~out
attorneys' thcs and exp~ns~, and remedial ~sts). ~its. costa of ~y ~ttlement or jud~L and clai~ of aa~ ~d cve~ kin~
whatsoever which may now or in lhc ~llure (whelher betbre ~ ~cr the satisf~don of 1bls Mo~g,ge) be paid, inched, or
sufl~:'cd by or a~.e~led against Mortgagee by any per~n or enti~ or gov~tal ag~cy for. wi~ ~t to. or as a direr or
indirect r~ult ot~ thc presence on or ~der. or Ihe ~ape. ~agc, I~age. spillage, dish.ge, emission, or rele~e ~om
Premises of any H~ardotts Substances or arise out o~or result ~om ~e ~vi~ental ~ndition of~e Pr~s~ or ~c violat~o~
of any Environmental Laws regardle~ of whether or not caused by or within ~c con~l oC Moagagor or Mv~gagee.
~resemations. covenants, wa~anties, and indemnifications ~ntained in ~is p~a~aph shall s~ive ~e sat~sfacaon ~d pavme~::
in ~11 or,his Mo~ga~e.
(i) Mortgagor r~resents and wa~ants to Mo~gag~ that ~o p~ of the Premiss c~tai~, is I~ated in or abum fl~dplain
navigable water or any oth~ ~dy of ~vat~. tideland, marshland, wetland or o~cr ~ea (collectively, "P~teeled ~a") which
s~bj~t to s~ecial state, f~eral er municipal regulation, control ~ proration; (ii) Mortgagor ~all ~mply wi~ all laws,
and re.rations p~aining to Prolc~l~ Are~.~, lo Ibc cxtenl appli~b[e to the Praises.
~ Thc occu~cncc ,,t' any or'thc tbllowing e~nts shall c~mstitute a dclhult hereunder:
(a) The ~ccu~ncc ol'an Event of De/~ult under thc Obligation.
(b) Failure ~o pay when due m~y o(lh~ sums rcqui~d to bc paid un~r Ibc l~ of ~is Mo~gage.
(c) The thilure of Mo~ngagor to ob~mc, pc¢?o~ er rumply wi~h ~y olh~ t~, ~v~t or condition c0ntain~ in ~is Mo~gagc
(d) Any representation, wa~anS,, financial statcmcn[ or other i~b~ation made or,~mished by Mortgagor to Mortgagee und~
Mortgage shall prov~ to ha~,.. ), ls~ or erroneous in any material ~:espe~t w' ;n or furnished.
. I.e) c~mme~cement~fanyacti~rpr~eedingt~f~se~rissu~e~xe~uti~n~na`~ienup~nthePremisesoranypartthe~er
than the lien at'this Mortgage.
it) Mortgagor shall convey or in any other manner cause or permit the change of ownership of, or title to, all or any portion of the
Promises.
(g) The entry o£ any .iudgment against Mortgagor which remains unsatisfied for 15 days or the issuanc~ of any tax lien against any
property ofmatorlal value in which Mortgagor has an interest.
(h) The dissoltttion, merger, change in control (as control is defined in Rule 12b-2 under thc Jeectrides Exchange Act cf 193,~).
consolidalion or reorganization of Mong-gor if Mortgagor is a corporation or partnership or the sale or transfer of any substantial
portion of Mortgagor's assets, or if any agreement tbr such dissolution, mm'get or consolidation, sale or transfer is entered into
without the prior written eon.sent of the Mortgagee.
~i)The death at'Mortgagor ir'Mortgagor is a natural po~'son.
6. The unpaid prinoipal ind~btedne.ss of the Obligation and all other sums secured by this Mortgage, together with ac,:rued interest thereon.
shall become due and payable ii'mnediately at the option of' Mor~gegee, without notice or demand, upon the o~eurrence of a defauit
spcoified in poragrsph 5 and Mortg,'gee may immediately or therea~er exercise its rights to take any or all of the following actions:
Institute an appropriate action(s) or procoedlng(s) to ~'oreclose this Mortgage and may proceed therein to judgment and execution
for the entire amount s~ured hereby.
(b) Beoome a Mortgagee in Possmsion of thc Premises. with or without legal action, and exercise .,ti rights as such; and Mortgagor
hereby authorizes and empowers any attorney or ,~ttorr~eys of any competent court in the st,'te where the Premises is located or
elsewhere from time to time whenever Mortgagee mall deem it ,~dvisable to appear for Mortgagor to sign a~ agreement for
eats:ring an amicable action in ejectment tbr I.~O.,cse~sic)n of the Premist.."';. and to co.'ess judgment therein against Mortgagor in
I'avor of Mortgagee. whereupon a writ at' possession may immediately issue for possession of the Premises, and to confess
judgment therein agoh~st Mortgagor in favor of Mortgage, whereupon ,' writ of possession may unmediately issue for the
possession of th~ Premise~, xvithout any prior xvrit or proceedings ~hatsoeve~, and for so doin~ this Mortge~ge or copy theceo~'
verified by affida,~4t shall be sufficient warrant.
to) Take such other action ,'t low or in equity tbr the e~"orc~men~ hereof and recovery of sums secured hereby.
Mortgagee may perform any obligation x~hieh Mortgagor has t'ailed to fi~lfill and may take all .~eps Mortgagee deems advisable
to peal'arm or fulfill such obligation of Mortgagor.
The remedies of Mortgagee as provided herein, or in the Obligation, shall be cumulative and concurrent and may be pursued sing:y.
successively, or together ag,,inst Mortgagor or Obligor or the Premises. or all, at l.he sole discretion of Mortgage~. The waiver of a:~y
delhult or t'ailure to cntbrce any i'ight or t~ pursue any remedy at any time, shall not be a waiver of any subsequent det'ault or preclude
:~tlCh enforcement or porsuit at another time
7. This mortgage secures finure advances either of an obligatory or discretionary, advance nature. Reference is hereby made to ali
do'dt'tm¢nts ¢,x¢cuted and delivered by Mo~ngagor and Mortgagee in cot~neetion with the obligation to ascertain whether the
~dvances are ohligatoD, or diseretionar?,
~. If Mortgagor sends a writ~eu notice to Mortgagee which pttrl~o~ls to limit the indebtedt~ess secured by this Mortgage and to release thc
obligation al'the Mortgagee to make any addition,'l advances to Mortgagor, such notices shall be ineffective as Io any future advances
made: (i) prior to termination of the Obligation; (ii) to pay taxes, assessments, maintenance charges and insurance pn:miums: (iii) tc~
pay cosXs incurred for the protection of the Premiss or the lien of this Mortgage; (iv) to pay expenses incurred by Mortgagee by rea~n
at' the default of Mortgagor or Obligor and (v} any other cots incurred by Mortgagee to protect and preserve the Prermses It is the
intention of the parties hereto that any such advances made by Mortgagee ai4er any such notice by Mortgagor shall be secured by
lien or'this morigage on the Premisos.
9 Mortgagor covenm~ts and agrees with Mortgagee that Mortgagor shall not mortgage, pledge, h.vPothecate, incur, grant or sut'T~ to exist
any other lien on the Premi..~s other than Ihe lien of this Mortgage and liens consetsted to by the Mortgagee.
t ~. All n~lices and other communications hereunder shall be in ,,wiling and mailed or deli*'ered, if to Mortgagor, at its address stated
and. i~'to the Mortgagee, at ils address .~t tbrth herein, or to e~ch party ,'t such other address as shall be designated bY such pa~' in
a written notice to the other party complying as to delivery with the terms ofthls s~fion.
All stteh notices shall be eft'e, etive on the fifth business day after mailing, or, upon receipt, if hand delivered.
I t Miscellaneous
tn) If (i) Mortgagor shall cab~rve nil of the covenants and agreements on Mortgagor's p~ ~o be performed under ~s Mortgage, (ii)
the Oblige, tiao shall have been t,.'~'rninaled, and (iii) all obligations, liabilities and indebtedness payable under or tn cormecucm
with the Obligation shall l't,'ve been paid. then this Mortgage shall terminate,
cb) This Mar:gage shall inure to the benefit of,Mortgagee, its successors and assigns.
Any provision of this Motngage which is prohibited or tmenforc,:able in any juri'~lietion shall, as to suoh junsdicciea, be
ineffective to ~he extent of such prt~hihitinn or unentbrcenbility without invalidating the remaining provisions hereof, and any such
prohibition or tmenforceabiliw in t~ny jurisdiction shall not invalidate or render tmenfor~eable, such provision in any other
jurisdicticm.
',2. WAIVER OF JURY TRIAL. EACI'I UNDERSIGNED PARTY HEREBY WAIVES, ANI} MORTGAGEE BY ITS
ACCEPTANCE HEREOF THEREBY WAIVES, TRIAL BY JURY 12N' ANY LEGAL PROCEEDING [NVOLVIN~G,
DIRECTLY OR INI~IRECTLY, ANY MATTER O,VHETHER SOUNDING IN TORT, CONTRAC~I' OR OTHERVfflSE)
ANY WAY ARISING OUT OF OR RELATED TO THIS MORTGAGE OR THE RELATION$1'II~ ESTABLISHED
HEREUNDER. THIS PROVISION IS A MATERIAL INDUCEMENT FOR MORTGAGEE TO ENTER INTO, ACCEPT
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro
Township, Cumberland County, Conu~onwealth of Pennsylvania, 'more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the Northern right-of-way line of Queen
Anna Court at the dividing line of Lot No. 16 and Lot No. 17 as
shown on a Final Subdivision Plan of Victoria Glen Section II;
thence by aforementioned dividing line North 06 degrees 30
minutes 10 seconds East 162.]3 feet to a point on line of land
now or formerly of Ridley Park recorded in Deed Book N, Volume
19, Page 559 thence by aforementioned lands North 79 degrees 53
minutes §6 seconds East 49.00 feet to a point on the dividing
line of Lot No. 15 and Lot No. 16; thence by aforementioned
dividing line South 09 degrees 19 minutes 57 seconds East 164.59
feet to a point on the northern right-of-way line of Victoria
Way; thence by aforementioned right-of-way line by a curve to the
left having a radius of 200.00 feet an arc length of 23.53 feet
to a point; thence by same by a c~rve to the right having a
radius of 15.00 feet an arc length of 21.46 feet to a point on
the northern right-of-way line of Queen Anna Court; thence by
aforementioned right-of-way line North 71 degrees 51 minutes-30
seconds West 66.89 feet to point being the place of BEGINNING.
BEING lot No. 16 as shown on a Final Subdivision Plan of Victoria
Glen Section II, recorded in Plan Book 49, Page 49.
UNDER AND SUBJECT to all applicable restriction, reservation,
easements and rights-of-way of record.
PARCEL $09-17-1042-187.
· _ OR RELY' UPON THIS MORTM ,'~.
tN WITNESS WHEREOF, Mortgagor inlcnding to be legally bound hereby, has caus~u"ihis Mo.gage to bc duly exccumd and-~_ }iVcrcd
WITNESS-ATTEST: ,
($¢al)
(SCM)
(Scal)
Thc l-,r,.x:is¢ ru.-:idcnc¢ and eonq',lcl,~ posl oil]ce address of thc within-named Morigagcu is Ou-'c,e~tates l~u",.k, 51.A.
l:L-volv'ln6 ~'5"'~1i~, P.O. Box aO06, ~, PA '{7604
AS A~';EIqT FOR THE MORTGAGEE
Moilgag,.: Ii-om ~ D A. Jt~sn E. ~.,.,l...,.,
Addr~ or Premis~;:
~ F~'r~, PA 17011
Address of Morlgag.r:
name of Mt~gagor) to
(name of Mortgagee).
.~ __,DIVIDUAL ACKNOWLEDGMr...~--
STATE OF :
SS
COUNTY OF :
Be it remembered, that on this k~'k~ day of ~'~X~e..~::~" ,19 ~,.~ , before me. the subscriber, a Nota~/
Public, authorized tc take acknowledgements and proofs in and for the State and County aforesaid, personally appeared
S'l:e~ta~ D, & ffq~/x E. '~L~-a' who, I am sati~fiefl is/are the persco(s) named in and who executed the with.m
Mortgage and he/she/they did severnlly acknowledge that he/she/they signed, sealed and delivered the same as his/her/their act and deed.
for the uses and purposes therein expres,~xl. And said b~_'l',,na 13. & 3't~a'~ E. ~" did fur~er certify and
ac~mwledge that he/she/they received a true, eon'ecl and complete copy of the within Mortgage withou~ ch~ge.
Notary Public
My Commission Expire~:
J Notaria~ Seal
Patrlela A. Gat'tu~i, Notary Pt~blie
PARTNERsErl'P ACKNOWLI~DGEMENT Harri~urg, Oauphin ¢ounW
STATE OF . My Gommission Expires Seiki. 4. 1~e59
: SS
COUNTY OF :
Bc it rememberecl, thai on this day of , 19 , before me, the subscriber, a
N~muy' Public. autlmrized to take aeknnwle~,gements aud prool~ in and tbr the State and County aforesaid, p~rsonaJly appeax~
who, acknowledged hirc~eJlYherself/themselvea to be General
Pm-race(s) of , a partnership and who, ! am
satisfied is/are Ihe person(s) named in and who executed the within instrument and he/she/they did severaJly acknowledge that he/sh¢/:he',
s~gv. ed. ~aled and d¢liv~ed the same as Ihe act and deed of the said paiXnership for the uses and purpos~ therein expressed by signing
the name of the partnership by himse117hersel f/~hemselves as. partner(s). And said
did fi~her certify end acknowledge that he/she/they received a ~rue.
correct and complete copy of the within Mortgage without charge.
Wimeaseth my hand and
My Commission Expires:
Notary Public
CORPORATE ACKNOWLEDGEMENT
STATE OF :
: SS
COUNTY OF :
Be it remembered, that on this day of , 19 , before me, the subscriber,
Notag:' Public, authorized to take acknmVleflgements and prnofs in and/bt the State and. County aforesaid, personally appeared
of
who, I am satisfied is/are the person(s) who signed the within instrument and he,/she/thev
acknowledged that, being duly authorized to do .,a:,, he/she/they signed and delivered the same as such officer aforesaid and that the within
instrument is the v~ltmtas3, act and deed of such corporation, and said
did fitrther ce~i~ and acknowledge that he/.nhe/th~' received a ti'tie, correct and complete copy ofthe within Mortgage without charge.
Witnes,~th my hand and seal.
My Commission Expires:
Notary Public
Return recorded Mo~gage Io:
Exhibit B
Stephen D. Tucker and Associates - Asset No. 2101
STATE OF PENNS~VA~
LOST NOTE AFFIDAVIT
)
) SS:
COUNTY OF PI~-ADELPHIA )
BEFORE ME, the undersigned authority, a notary public of the State of Pennsylvania, personally
appeared Michael F. Vitale, who, after being duly sworn, deposes and says:
1. I am a Vice President of FIRST UN'ION NATIONAL BANK (the "Seller") and in
such capacity I have reviewed, or have caused to be conducted under my supervision a review of
the files of the Seller with respect to the following promissory note (the '~Note") held by the
Seller:
Small Business Growth Line Agreement dated November 10, 1995
by Stephen D. Tucker, Individually and T/A Stephen D. Tucker and
Associates Architects and Jean E. Tucker in favor of CoreStates
Bank, N.A. in the original principal amount of $25,000.
2. After the Note was executed and delivered by the Borrower, the Note was
misplaced, lost and/or destroyed.
3. Seller hereby assigns the Note to NC VENTURE I, L.P., its successors and
assigns, WITHOUT REPRESENTATION, WARRANTY OR RECOURSE OF ANY NATURE
WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, except and only to the extent
otherwise provided in that certain Asset Sale Agreement, dated March 1 I, 2002, between NC
VENTURE I, L.P. and First Union Natlonal Bank.
4. Seller has conducted a diligent search and inquiry to find the original Note and
has been unable to do so.
Note.
Attached hereto as Exhibit A is a tree, complete and correct copy of the original
FIRST UNION NATIONAL BANK,
successor by merger to CoreStates Bank.
N.A.
By:
Michael F. Vitale
Vice President
~d subscribed before me this 'L--"Z~ day of March, 2002.
lqotary Public
~BALT :359[652.vl [3/15/02
: 7079-127
CoreStates
SMALL BUSINESS GROWTH LINE AGREEMENT
Account No.:
DateofAgreement: November 10th, 1995 Bank: C,:a-~tt_,~ 1Mnk, N.A.
Borrower: ~'[Me. kev, 8~,A:m~ D, Irdtv-l~,lly ardBillingDate:
T/AS~D. ~ ~ ~s ~ ~ J~E- ~
Mortgagor:
Guarantor.
Credit Limit:
Expiration Date;
Step~ D. and Je~ E. Tucke~
November 10th, 1998
Defined Terln.s. Unless otherwise specifically stated, the following tm, when capitalized and used
herein, shall have the meanings indicated:
'Acceleration' means that payment of the Obligations has bec~me unmediately due and payable under thc
provisions uf paragraph 17 of this Agreement.
'Accotmt" means the Small Business Growth Line Account idcntilied by the account number specified, aboxc.
'Agreement" means this Small Business Growth Line A.t~ement, including an)' writlen amendments and
nlodi6calions.
'Agreerm;nt Date" means the date of [his Agreement specified above.
'Authorized Rcpre.~ntative' means (a) if Bon'ov,'er is an individual (including any individual who may conduct
business under nm: or more fictitious names), Borrower or my person authorized to obtain Loans on bchalf of Borro,.ver
under a pow~ of auomey which h~s b~m d¢liven:a:l to ~md accepted by the Bank; Co) if Borrower is a coq>oration, any
representative of the corporation authorlz~l to obtain Lomas on b~qmlfofBorrower under resolutions of Borrower's Board
of Directors, cc-tiffed copies of which have been delivered to and accepted by the Bank: (c) if Borrower is a parmership.
any representative of the parlnership who is authorized to obtain Loans on behalf of Borrower under a parmershtp
authorization which has been delivered to and accepted by the Bank: and (d) in any ca.~, say person who the Bank in
good faith believ~ is authorized to obtain Loans on behalfofBorrnwer. The Bank may contLaue to rely on Ihe authority
of an Authorized Representative tmtil the Bank receives written notice in accordance with paragraph 21 of this
Agreement that such outhority h~ been duly revoked.
'Bank' means the Bank ~ecified above.
"Billing Date" means the date specified above for purposes of billing interest and other items with respect to
the Account. If, in any calendar mnnlh, that date falls on a day on which the Bank is not open for btmness, the Billing
Date u ill be thc banking da)' immedialely preceding that date.
"Billing Perle, al" means the period which begins on the Billing Date in a given calendar month and end.s vn thc
da5' which inunediately precedes the Billing Date in the lblloxx'ing calendar month.
'Borrower" means each of the individuals or organizations identified above as Borrower.
'Cheek" means a Line of Credit check used to obtain a L~an_
"Credit Limit" means the dollar anmunt specified above.
IO.4
"Expiration Date" means tl~ date specified above as the Expiration DI~I~ or such later date which may be agreed
to in writing by the Bank, each Obligor and each Mortgagor, pursuant to paragraph 2 of this Agreement.
"C~uarantor" means each of the individuals or organizations identified above as Guarantor.
'Line of Credit" means the line of credit described in paragraph 2 of this Agreement.
"Loans" means advances made by the Bank to Borrower under this Agreement.
"Obligations' means the unpaid balance of all Loans and all accrued and unpaid interest, together with all fees,
costs and expenses payable by Borrower under the terms of this Agreement.
"Obligor" means each Borrower and each Guarantor.
t "Mortgage" means the Mortgage dated November 10th, 1995
the Bank's lien on the Mortgaged Property,.
. executed by Mortgagor, evidencing
'Mortgaged Property" means the property identi.fied in the Mortgage and subject to the lien of the Mo~gage.
"Morxgagor" menns each of the individuals or organizations identified above as Mortgagor.
"Paymem Doe ['3ate" means the date on which each required payment on the Account is due.
"Psime Rate" means the highest prime rate published in the "Money Rates" table of The Woll Street Journal
on II~e 15th day of the calendar month immediately preceding the calendar month in which the applicable Billing Period
begins. The Prime Rate so determined will be applicable to the entire Billing Period. If"l'he Well Slreet Journal is not
published on the 15th day of the month, then the Prime Rate will be determined by reference to the publication of The
Wall St..et Jnttmal inmtediately tbllowing the 15th day.
"Te~aiination" means termination of Ihe Bank's commitment to lend under the provisions of paragrnph 15 of
this Agreement.
2. Commitment In L~nd (Line of Credit~.. Subject to the terms and conditions of this Agreement, the Bank
hereby establishes' a line ofcrcdil tbr Borrower and agrees to make Loans requested by the Borrower from the' Agreement
Date until Termination, it bein8 understood that the Bank shall not be required to honor any Loan request if the principal
amount of all ontstanding Loans, after giving effect to the requested Loan, would e.xceed the Credit Limit. Subieet to
the atbresaid terms and conditions, Borrower may borrow, repay and reborrow up to and including the mo, mt of the
Credit Limit. Borrower agrees that each Loan requested will be used by Borrower solely for business purposes, but
acknowledges that the ~Loans" include all advances to Borrower uad~ this Agreement, regardless of purpose, if
Borrower requests an extension of the Expiration Date. the Bank may approve such extension in its sole discretion, but
any such extension must be agreed to in writing by the Bank, each Obligor and each Mortgagor.
3. I::)orrower's l~mmi~ tn [~ nv. The Borrower promises to pay to the order of the Bank each and ail of the
Obligatsons when due, as provided in thi~ Agreement, whether the Obligations hay* a stated due date, are payable cn
demand or are due by reason of Acceleration upon or ,'fflet an Event of Default. If there is more than one Borrower, each
Borrower is jointly and severally obligated for pa?float of the Obligations. The Bank may, at its option, require any
Borrower to ?ay a~l of the Obligatinns without makin~ any effort to require any other Obligor to pay any cf thc
Obligations, or to exercise any of the Bank's rights under the Mortgage.
Guarantor's Liability. The Guarantor uncondilionally and irrevocably promises to pay when due
(whether by stated due date, demand or Accel~ation) each and all of the Obligations which have not been paid bv
Borrower. This is a guaran .ty of payment and not a guaranty of collection, and if'there is more than one Guarantor, each
Guarantor is jointly and severally obligated for payment of the Obligations. The Bank may, at its option, require an>'
Guarantor to pay all of the Obligations without making any eflbrt to obtain payment of any of the Obligations from any
other Obligor or exercising any of the Banx's rights under the Mortgage. The Guarantor shall be liable hereunder whether
or not there is any cm~sideralion for this guaranD' which includes a direct economic benefit from the Loans or this
A greemenl.
$. Motivators Respo~hilifios. Each Mor~gagor ~ to ~ply ~ ~ te~s o~c Mo~g~ge, Unless
Mo~gag~ is al~ an Obligor. M~gag~s liabili~ f~ pa~t of~ Obligations is l~ited ~ Mo~gagor'~ interest in
rhc Me, gaged Pm~. Ea~ Moagag~ ~es ~t if theg is ~y default ~der ~ Mo~ge. ~c B~ may. at i~
option, exerci~ any or all of its fi~ ~r ~e Moagage wi~out m~g ~y eff~ m obta~ pa~t of ~ of ~e
Obligations from ~y Obligor. ~ Mortgagor s~ll be liable ~ ~o~d whc~ ~ not ~=re is ~y ~si~alion for
th~ Mo~age which includes dkect ~onomic ben~[ ~m the ~ or ~is A~L
6. Procedure ~[0r Loan R~questS. Loan Requests may be made by any Borrower under any of the
Ibllowing procedures:
(a) Credit Line Cheeks. The amount of each Check must be at least $250.00. The Bank ma)'
refuse to honor any Check if;
- It is received by the Bank a. Rer Termination;
- Honoring the Check would cause the total of all Obligations to exceed the Credit Limit.
Checks may not be used to make any payments due to the Bank under this Agreement.
Any Authorized Representative of Borrower may stop payment on any Check. A stop payment order
must be given in time tbr thc I~lallk to act upon il and must state the exact amount, exact date and precise identi ,ty of the
payee of the Check. Oral stop payment orders must be confirmed in writing within 14 days.
occoun~s.
Checks are suhject to the same Rules and Regulations as 0pply to the Bank's business checking
ha Person Reuuest. Any Authorized Representative of Borrower may request Loans in person
at any branch of the Bank. Loans requested in person must be deposqted to Burro ers business checking account with
the Bank.
~.,(c) MONEY ACCESS q~.RD® Anthorizafion. Borrower may also o~tain Loans~by using an
authonZe?~MAC~' Card For Busine~ mid personal identification number (PIN) at any MAC-, HONOR~OR PLUS
SYSTEM automated teller machine (ATM'). The minimum and maximum Loans Borrower may obtain at any one time
or in one day are ,,,mbject to the policies of the institution which controls the ATM. Borrower may also o~tain Loans
(which must' be deposited into 13orrow~m~s busin_e~ checking account with the Bank) thxough the ,,ly~. C- Card F. or
Business Telephone Banking Service. Sue the MAC Card For Business agreement for additional condmons-and der, tis.
] If this box is chucked, Borrower authorizes the Bank to add access to Borrower's Account to
Borrower s existing MAC Card For Business number
(d) Overdraft Protect[ion.
] If this box is checked, Borrower authon:zes the Bank to make Loans to Borrower to pay any
check or unpaid service charge on Bon'ower's business checking account No. when the balance
of that account is immfficient to cover such item(s). Loans will be credited to the account in file lesser of (i)'lowest
multiple orS100 necessary to cover the shortage; or (ii) the available credit under the Borrower's Account.
7. The Account. The bank shall establish the Account for the purpose of recording and evidencing thc
amount of the Obligations due and owing l¥om time to time. Loans made by the Bank shall be recorded as debits to the
Account and payments shall he recorded ss credits. The Account shall also reflect, in accordance with customary
practice, accrued interest, fees, expenses and charges payable under this Agreement. The Bank shall send Borrower. at
lhe address provided herein, a monthly statement of the Account, which shall specify the Payment Due Date and which
shall be presumed complete and correct, except to the extent sho',wt by the Borrower to he manifestly erroneous. Except
as required by law, the provisions of Federal and State consumer credit laws, such as the Federal Truth in Leading Act.
shall nol apply to the Account. Although the Bank may voluntarily follow some of the requirements of such laws in its
t~andling of the Account and in providing statements of the Account and related information, ti'tis voluntary compliance
shall not be interpreted as the Bunk's agreement that such laws apply to the Account.
8. R. equired l?avments P~or Io Terminatiqn. Prior to Termination, required payments will be due on the
Payment Due Date as follows: (a'} monthly payments of accrued interest determined in accordance with paragraph [2
of this Agrc,~nent; and (b) fees, expenses and charges payabic under paragraph 14 of Ihis Agreement.
] If this box is checked, Bon-ower is ALSO requh-ed to make monthly principal payments in an
amount equal Io (il l/[$Oth of the outstanding principal balance oflhe Loans ,~t the end oft_he preceding month, or (ii)
$25.00, whichever is greater.
9. l~,eqttired payments After Termination. Payments.required und=r this Agreement after Terrmnation
and prior tc Acceleration will bc due on the Payment Due Date as follows: (al monthly payments of accrued interest
determined in accordance with paragraph 12 of this Agreement; (b) feea. expenses and charges payable under paragraph
1 4 of this Agreement; and (c) monthly principal payments, beginning in the month irmmediately following the mon',h
of Termination, each of which shall be in an mount determinod as follows, based on the outstanding principal balance
of the Loans at the time of Termination:
Loan Bnl0nee at TenlliDation
[V~onthlv Prlncival Payrnenl p, moun.t
$10,000 or less
$10,001 to $50,000
More than $50,000
1/60th of Loan Balance
1184th of Loan Balance
Ill 20th of Loan Balance
After Acceleration, all oulsr, anding Loans ,'md accrued interest, fees, expenses and charges shall be immediately due and
payable as provided in pm'agraph 17 of this Agreement.
10. Optional Payments. The Bom]wer may, at any time make any payments of principal on the Loans in
excc..'~ oftho*~ required under this Agreement without premium or penaRy.
1 I. Procedure tbr Payments. Pa.,.lnents of the Obligations may be made as follows:
(a) &utomntic Charge I0 Deposit Account.
~ If this box is ch~cked, Borrower hereby aqthorizes the Bank to charge any and all required
payments of the Obligations to Borrower's deposit account at the Bank, number ~. This authorization
does not modi~ the Bank's right ef aeroflot its security interest in deposit mt* as provided in paragraph 18 of this
Agreement. This authonzatmn is not requir&d in order to enter into this Agreement or to open or maintain the Account
and may be revoked by Borrower by gMng written notice to the Bank not less than (15) days before the next paymen*.
due date.
When the payment due date thlis on a non-banking day, the transf= will be made on the ne'ct banking day.
Borrower agrees to keep a balance in Ibc deposit account identified above sufficient to cover each monthly rmmmum
payment when duc. [f Borrower tails to do so, Bank may terminate the automatic payment service, in which eveat
Borrower shall make payments by check in accordance with paragraph I
· (b) Payment by ~beck - Payment of any portion of the Obligations may be made at any bra.ach
of the Bank or by mailing Borrower's check to the mailing address provided in Borrower's monthly slatement 05 the
Account.
12. Interest. Interest shall be payable monthly as billed and shall amrue on the outstanding principal
balance of the Loans until the Obligations are paid in full in ae. cordance with the following:
(a) From the date of this Agreemenl through the end of the N/A month thereafter (the
"Introductory Period"), at a fixed rate of }I/A % per annum.
Co)
the Prime Rate.
After the Introductory Period and prior to Acceleration, mt 1 .~3 .% per annum in excess of
(c) After Acceleration, at tl..~0% per annum in excess of the Prime Rate.
13. Computation olr' Accrued Interest. Interest shall accrue on a simple interest h~is mad shall not be
ex>mpounded. Inter~,'t shall be calculated on the basis of a 365-day year and shall b~ oharged for the actual number of
days elapsed during each billing period.
14. Fees. Exr~ens~ and Ch:~rges.
(a) Oriuination Fee - On or prior to the Agreement Date, Borrower has paid the Bank an
origination tee in the amount of .ri % of the amount of the Credit Limit. The origination fee is non-refundable and
is deemed Io be earned by the Bank upon receipt.
qb) Reimbursed ¢0sls and Fee,q Incurred Bv lhe Bank - On or prior to the Agree~mem Date,
Eorrmver has made ct,~aain payments to reimburse tile Bank for lien ~nd title search costs, appraisal costs and filing and
recording IL-es. The~e pa3m~,.mta are not ret~.mdable.
(c) ,~nm,al Fee - On each maniversary of the Agreealent Date, the Borrower will pay the Bank
an ammal lee in the amoum eqnal {o ,~ . % of the Credit Limit. This fee represents payment by Borrower, in advance.
for use ol'the line of credit provided under this Agreement. In the event that Termination occurs less than one year after
the due date of an amwal fee, Borrower will be entitled to a pro-rata refund of such annual fee payment, said refund to
be applied as a credit again~ any then-existing Obligations or reid. reded to Borrower if there are no such Obligations.
(d) Late Payment Char~,e - Prior to Acceleration. if any required payment is not received by the
Bank oll or before tile loth day tbllowmg i~ts due dale, Borrower will pay a late payment charge equal to the greater of
5% o£ the required payment or $5.00, but in no event shall such late ps.wheat charge exceed $ 100.
(c) Sro-0 Pavm;nt Fee - A fee ot'$ [ $.00 will be charged for each check on which a stop payment
order is placed.
(t) Remm Check Fee - If the Bank does not pay a Check for any permitted reason, Borrower will
pay a returned Check charge of $25.00.
(g) Colleq:qon en~,q and E.~pens~. - After Acceleration, the Borrower will pay to the Bank. on
demand, all costs and expends, including reasonable attorney's fees, incurred by the Bnnk in enforcing any or all of its
rights and remedies onder this Agreement or the Mortgage.
Fees impo:~xl undt.u' (c), {.d). (e), (0 and (g) above will be added to the principal balance of the Account
;is additional l.oans.
15 Termination - The line of credi{ and the Bonk's commitment to make Loans shall terminate at the
earliest of the following times:
(a) The clo~ or' business on the Expiration Date;
The close of business on the fifteenth banking day following receipt by the Bank of written
notice of Te,'mination fi'om any Obligor or any Mortgagor;
(c) The close &business on the date specified in the Bank's written notice of Terrmnation !o
Borrower. Guarantor and Mortgagor, it being understood that ti) such notice may be given by the Bank at any time and
for any reason whatsoever, and (ii) the date specified must be not less than 60 days after the date on which the Bank's
notice is sent;
(d) When thc Bank receives noti~ that ti) any Obligor or any Mortgagor has filed a petitirm for
relict, as a debtor under any bankruptcy or insolvency law. or (ii) my such petition has been filed against any Obligor
or may Mortgagor and not been dismi&qed within 30 days; or
Agreement.
16.
(e) When the Bank give~ written notice of Acceleration as provided in paragraph 17 of this
Events of Default - Each &the following shall be an Event of Default under this Agreement:
tn) The failure of Ihe Borrower to pay any of the Obtigations when due;
(b) If any representation, statement ar certification by any Obligor contained in or given in
connection with this Agreement or it'any representation by any Mortgagor contained in or given in cormectioa w/th the
Mortgage shall be untrue in any material res~pect;
If any Obligor shall fail to comply with .any agreement with the Bank, or if any Mortga?r
shall fail to comply with any agreement in the Mortgage:
(d) If the Borrower shall incur or perrnit to exist any indebtedness for borrowed money (other
than indebtedness under this Agreement) except for t,i) indebtedness in connection with consumer loans not related to
file Borrov,,er's business, and (ii) other indebtedness lbr boo'owed money in an ,,ggregate principal amount which does
not exceed 25% of the Credit Limit;
(e) Ifthere shall ~:ist, at an.'.' time, any material liens or encumbrances on the Mortgaged Property
other than the Mortgage and
~ 8q'l ~
;
If. in the reasonable judgment of the Bank, any Obligor or any Mortgagor is or becomes
insolvent or generally trouble to pay its debts as they become due;
(g) If an,',' Obligor shall default m the pa3anent of any material indebtedness for borrowed money,
or if there shall be entered against any Obligor any judgnlent ibr an amount eqttal to or greater than [0% of the Credit
Limit;
00 If any ac~'ount of any Obligor at the Beak or any property of any Obligor held by the BanS:
shall be sub eot lc, any attachment, lev), or garnishment in an amount equal to or greater than 10% of the Credit Limit:
ti) If any Obligor or any Mortgagor shall file. a petition under any bankruptcy or insolvengy law.
or if any such petition shall be filed against any Obligor or a~y Mortgagor and not be dismissed within 30 days;
(3) If any Obligor which conducls business shall cease to conduct business or ~all materla]k
alter the natm-e of its business;
(k'} ffany Obligor who is an individual dies;
(I} If any Obligor shall tail to promptly provide any financial statements or other financial
information reascmahly requested by the Bank;
(m) If lhe Bank shall b~ome aware of any facts or circumstances which, in the reasonable
judgment of the Bank. have had or are likely to have a material adverse effect on the financial condition, income, cash
tlow, business prospects or general eredi~vorthiness of any Obligor',
tn) lfthere shall be, with re.',npect lo any Obligor which is not an individual, any change in controi.
as that term is defined in Rule 12b-2 under the Securities Exchange Act of 1934, or it' any such Obligor shall merge
consolidate with another bu.qinm~s entily, shall sell any substantial portion of its ~sets or shall dissolve, liquid,ate or
commence any form of dis.solution or liquidation;
(o)
paragraph 16: or
If there shall be any default under the Mortgage ~vhich is not an Event of Default under this
(p) If thc Bank reasonably determines that the Mortgage docs not represent a perfected lien on
the Mortgaged Property or thal there has been a material adverse change in the market value of the Mortgaged Prepare.'
17. Acceleration. Upon the occurrence of any Event of Default referred tn in clause (i) of the preceding
paragraph, all of the Obligations shall automatically become immediately du~ and payable without any demand, notice
or declaration by the Bank. Upon the oecnrrence of any other Event of Default, or at ~ny time thereafter during the
continuance of such Event of Del'suit, the Bank may, at its option, declare all of the Obhgations to be immediately due
and payable by sending written notice et' Acceleration to Borrower. Guarantor and Mortgagor in the manner and to the
addresses provided in paragraph 21 of this Agraement. Upon Acceleration, and at any time thereafter, the Bank may
exercise any or all of its fights and remedies under applicable law against any Obligor and under the Mortgage. The Bank
may, at its option, exercise or decline to exemise, without waiving, any such rights and remedies, and may exerci~ them
simnltaneoltqly or in an}' order xvhatsnever.
18. Right of Setoff 01~d Semtrirv Interest in ~eposil Ac99ur}ts. Each Obligor ackno~vledges Bank's right
of setoff again~ deposit accounts of'such Obligor and again~ any other amounts which may be at any time owed by the
Bank to such Obligor. In addition to the foregoing, each Obligor grants to the Bank a security interest in an,;'2 lien upon
any deposit account ar the Bank in which such Obligor has an interest. The Bank's fights and remedies under this
paragraph may be exerci~d UlnOn or after Acceleration or upon or after the occurrence of an Event of Default referred
to in clau.~ (h) in paragraph 16 or'Ibis Agr~ment.
1 9 Waivers Be Obliger and Mnrteaeor. In addition to the other waivers and consents in this Agreement.
each Obligor and each Mortgagor acknowledges and agr'ees, to the extent permitted by law, that its liability under tiffs
Agreement is unconditional and shall not be diminished, impaired ~r postponed by (a) the bankruptcy, insolvency or
change iii legal statm~ of any Obligor or any Mortgagor', (b) lhe Bank's failure to obtain such Obliger's or Mortgager's
consent tn. er to gl,ce notice of (i) any waiver, forbearance, indulgence or inaction by the Bank with respect to the
Account. the Line of Credit, the Loans or the Obligatiom'~ or with respect to the Bank's remedies against any Obligor or
under thc Mortgage, (ii) any agreement bel've~n the Bank and Borrower to modi~ the terms of this Agreement, other
than a modification which ex-tends the Expiration Date or incres~s the Credit Limit. or (iii) any misrepresentation by
any Obligor or Mortgagor, or any other Event of Default; (c) the release from, or the limitation of liability of, any other
Obligor or Mortgagor; (d) any impairment of' snch Obliger's or Mortgager's right of recourse, ~iubrogation.
indexmfification or contribution again.st or with respect to m~y other Obliger or Morlgagor, or (e) the unenforceabilit~'
tff any provisinn of this Agreement or the Mortgage against any other Obligor or Mortgagor. Each Guarantor and each
Mol'igag~r agree that they will not exercise any right of subrogation which they may have against Borrower until all of
the Obligations have been paid in full and the line ofcredit has been terminated.
2[). . Reinstatement of Oblifiations. If and to the extent that any paymest or reduction of the Obligations
is rescinded or must be returned or di.qgorged by the Bank, as a result of any Obligor', bankruptcy, insolvency or
otherwise, the Obligations so paid or reduced sha[l be deemed to be reinstated for pm'poses of this Agreement. and eack
Obligor and Mortgagor shall be obligated and have liability therel~r in accordance with the terms of this AgreemenL
except to the extent prohibited by applicable law. In the event that any Obligations arc: reinstated subsequent to
termination of the Mortgage. each Mortgagor shall grant the Bank a replacement mortgage on the Mortgaged Property.
21. Notices. All notic~ under this Agreement shall be scat via certified mail ar via a recognized ovemi~t
courier service or by hand delivery, and shall be effective upon receipt by the intended recipient at its address specified
as
p.lO
Il'to d~e Bar~:
If to I~orrower:
Re~lvin~ c~-e~it
P.O. ~
T~ekm*. ~ D. L~fl. & T/A Sf~t~au D. ~ &
If Io C~arantor. N/A
if to Mo~/gagor: Sted",~'l D. amd. Je~',.. E. ~
1 O:~'~'~
Any pa~' may change its addre~ tbr pu~o~ of~is notice provision by giv~g no6ce ~ provid~ above to each o~er
pa~.
22. Repf~mfioan to Ihe ~a~. Each Boffower r~re~ts tba~ d~¢ p~ of each ~ shall be
by fha Borrower solaly Iht business puqnoses. Each Obligor ~d each Moggagor which is a co~oration or a general or
limil~d pm~ncrship reprcscnl~ and w~'ants that il is validly existing and in g~ standing in the jt~i~iction tt~d~v whose
laws it w;~ organized. Each Obligor ami each Modgagor which ia a ~oralion represents and w~ts that
execution, dcliv~ and pcrtb~ance ~' this Agreement (and. as to each Modgagor. the M~dgage) ar~ wi~in
corporate powers, have ~ duly authomz~ by alt ncccm~ action by i~ Bogd of Directors, ~d ge not
coutravcnlion of the lem~s of its chatler, by-laws, or ~y r~olutlon of its Board of D~r~tors. Each Obligor ~d each
Mm1B~g,~r which is a geueral or l,uitcd lu,lne~hip mprc~ls and wa~ants that ll~e execution, delive~ and perchance
of thi~ Agreement (m~d. as ~o each Mortg;~gor. the Motlgag¢) have been duly attthodzcd ~d are not in comflict with any
provim~n of i~ pann~rshq~ agr~m~l or c~mifi~ate of limited pmnnc~hip. Each Obligor m~d each Mortgagor r~r~senLs
. and wa~ants Ihat this Agr~m~nl and Ibc Mo~gag~ have be~ validly ~x~cuted ~ g~ e~orceable in accordance with
their t~nns. II,at d~e execution, deliver' and pc~¢omuance of ~is A~eement and ~e Mo~gag~ ~ not m con~aven~ion
of law and do mot ~aflicl with any in~enl~, agwe~m~ml or unde~ing to which such Obligor or Modg~gor i~ a p~'
or is othcmvis~ bound, and thai no con,re(or approval of ~y gow~¢ntal au~ofi~ or ~y ~ird p~ is required
coonection with the execution, dcliv~m' or pe~ommnee of ~is A~ent ~ ~ M~gag~. Each of ~a f~egoing
representations and wa~anties is mad¢'solaly for the Ba~'~ h~n¢flt ~d is not ~o b~ railed upon by ~y Obt~gor.
Momgagor or any other person.
23. &dditional Waiv~m, EIc. Each Obligor waivas pr~nt, dishonor, notic~ of dishonor, p[olest ~d
notice of protest N~ither Ihe failure nor ~y delay on ~ p~ of ~e B~ to ~xarci~ ~y fi~t, mm~y. power or
privilege h~aunder ~all operate as a walv~ or m~ification thereof. No con, t, waiwr or m~ification of ~
of Ibis Agreement shall b~ ~ffe~ive unles~ ~t fodh in a x~ling zi~*d by ~e B~. All fiefs ~d r~m~i~s of B~
are cumulativ~ and concu~eul and m, singl~ or panini ax~eiae of ~y pow~ or pm~41eg~ shall preclude ~y o~er or
Mmher ~xcrci~ of any ~ght. power or privilege.
24. MisceIlaneau~ If any provision of thi.~ Agreement shall be held invalid or une~orc~ablc; such
mvaHdim ,,r unen6~rceahili~ shall nat atilt ~5 nthcr pr~vision her~o¢ ~ ~¢ ,v~ul that ~y due date ~ecified or
otham~i~c provided lbr in Ihi~ A~m~cnt shall lhll on a day on which thc Ba~ is not open for business, such due date
~hall be pt~tponed until the new banking day, and inter,st and any fens or simil~ chgg~ shall continue to ac~e dumng
such p~ritM of p,stponcmc~ This Agrccmenl has ~en delivered in and shall b, govemad by ~d constm~
accordanc~ ~ith thc laws ct'the state of p~3~4m (including the Unifo~ Commercial Code as
m ¢fl~c~ in II, at slate) applicable to contracts ¢,mucd and imcnd~ 1o bc padb~cd in that stat,'. ~is A~cmcnt shal~
b~ binding u~o and benefit th~ panics hereto and d~cir rc~ccli~ c personal repr~ntalivcs, heirs, successmrs and ~igns
Nu as~ignmem ,f mghls ~' dclcg:~tio~ ,~l'dulics under Ihi¢ Age,meal by any Obligor or ~y Mo~gagor shall be c~ccdvc
wilhottt thc pn,~r xvfi~tcn co~nl ~fflhc Rank.
25. CONSENT TO J~]RISDICTION A~4T) VEN~]F~. IN ~Y ~ PR~D~G INVOL~G,
D~C~Y OR ~~Y, ~Y MA~ ~ISINO OUT OF OR ~D TO ~S AO~E~ OR
~LATIONSHIP EVIDENCED g~BY, ~CH U~ERSIO~D P~TY ~BY ~V~LY S~TS
TO T~ NO~XCLtlSI~ KIR1SDICTION OF ANY STATE OR ~DE~ CO~T LOCA~D ~ ANY
COUNTY OF T~ .STATE SPECIFIED IN PA~G~H 24 ~O~ IN ~CH ~ BA~ ~A~S AN
OFFICE A~ AGeS NOT TO ~ISE ANY OB~CTION TO SUCH ~ISDIC~ON OR TO ~ ~YING OR
~I~AINING OF T~ ~IE OF ANY SUCH PROC~G IN SUCH CO~Y. EACH ~ERSIG~D
P~TY AG~ES T~T SER~CE OF PROCESS IN ANY SUCH PROCEEDING ~Y BE D~Y EF~C~D
UPON IT BY ~IL~O A COPY ~REOF. BY ~GIST~ ~, POSTAGE P~P~, TO EACH
U~ERSIG~D P~TY.
26. WAI~ OF .~ ~Y ~AI[. ~CH L~ERSIG~ P~TY ~BY WA]~S TRIAL BY ~RY
IN ANY LEG~ PROCEEDING INVOLVING. DIRECTLY OR I~I~CTLY, ANY MATT~
SO~ING ~ TORT. CONTRACT OR OT[~R~SE) IN ANY WAY ~ISING OUT OF OR ~LA~D TO THIS
AGREEMENT OR 2'~ REI.ATIONSIJlP EVIDENCED $~REBY. THIS PROVISION IS A ~TERI~
I~UCE~NT FOR '[~ BA~ TO E~ER I~O THIS AG~E~.
IN W1T~SS ~REOF, each undersign~ pa~ h~ ~1~ ~is A~eem~k jailing to be legally bo~d
hereby, as of the A~eemc~ Date.
[Signature of Bo~ower] . [Si~a~re ~gor]
D. ~~ia~~ ~ ~ E. --[' ~ J
p.i1
Ct.:,LIbNOT~L:BI.CA.W? (9'94)
Exhibit C
MSY ~9-200~ 5:05PM HP LRSER3ET 3~00
- p.15
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro
Township, Cumberland County, Commonwealth of Pennsylvania, 'more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the Northern right-of-way line of Queen
Anna Court at the dividing line of Lot No. 16 and Lot No. 17 as
shown on a Final Subdivision Plan of Victoria Glen Section II;
thence by aforementioned dividing line North 06 degrees 30
minutes 10 seconds East 162.13 feet to a point on line of land
now or formerly of Ridley Park recorded in Deed Book N, Volume
19, Page 559 thence by aforementioned lands North 79 degrees 53
minutes 56 seconds East 49.00 feet to a point on the dividing
line of Lot No. 15 and Lot No. 16; thence by aforementioned
dividing line South 09 degrees 19 minutes 57 seconds East 164.59
feet to a point on the northern right-of-way line of Victoria
Way; thence by aforementioned right-of-way line by a curve to the
left having a radius of 200.00 feet an arc length of 23.53 feet
to a point; thence by same by a c~rve to the right having a
radius of 15.00 feet an arc length of 21.46 feet to a point on
the northern right-of-way line of Queen Anna Court; thence by
aforementioned right-of-way line North 71 degrees 51 minutes-30
seconds West 66.89 feet to point being the place of BEGINNING.
BEING lot No. 16 as shown on a Final Subdivision Plan of Victoria
Glen Section II, recorde.d in Plan Book 49, Page 49.
UNDER AND SUBJECT to ail applicable restriction, reservation,
easements and rights-of-way of record.
PARCEL #09-17-1042-187.
Exhibit
J~soN 1~.
ALSO PIE~BE~ NJ B~
E - 1~i ~_Ii j reis~r~weirpartncrs.com
Stephen D. Tucker
Jean E. Tucker
1 Queen Anne Court
Camphill, PA 17011-1733
WEIR PARTNERS LLP
SUITE 500
THE WIDENER BUILDING
(alsI oas-emi
August 1, 2002
CERTIFIED blAIL RETURN
RECEIPT REQUESTED
Re:
Loan to Stephen D. Tucker and Jean E. Tucker
Principal Amount Due: $19,470.73
Interest: $1,775.03
Dear Mr. and Mrs. Tucker:
This firm represents N.C. Ventures I, L.P. in connection with the above-captioned matter.
Please read the following information carefully:
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
IS SERIOUSLY 1N DEFAULT because
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due: Loan has matured as of November 10, 1998.
Principal amount due
Interest
TOTAL AMOUNT PAST DUE:
$19,470.73
$ 1,775.03
$21,202.79
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not applicable):
HOW THE CURE THE DEFAULT - You may cure the default xvithin THIRTY (30) DAYS Of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $21,202.79, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)
DAY PERIOD.
Payments must be made either by cash~ cashier's check~ certified check or money order made payable and
sent to:
N.C. Ventures I, L.P.
4100 Greenbriar - Suite 180
Stafford, TX 77477
Attn: Jeff Tate
· ~TEIR & PARTNERS LLP
Stephen D. Tucker
Jean E. Tucker
August 1, 2002
Page 2
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the
entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay thc
mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off
the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender
begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were
actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all
reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be
added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default
within the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default
and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount
then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the
foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set forth in this
notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriff's Sale
of the mortgaged property could be held would be approximately four (4) months from the date of this Notice. A
notice of the actual date of the Sheriff's Sale will be sent to you before the sate. Of course, the amount needed to
cure the default will increase the longer you wait. You may find out at any time exactly what the required payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of the Lender:
Address:
Phone Number:
Contact person:
N.C. Ventures I, L.P.
4100 Greenbriar - Suite 180
Stafford, TX 77477
(281) 265-5328 ext. 328
Jeff Tare
EFFECT OF SHERIFF'S SALE - You should realize that a Sherifffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You __ may or XX may not (CHECK ONE) sell or transfer your home to
a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
.~~~ ~^
v
°~ ~
v
i
i-
~
I^
C_
. ~ Q
-rt
W ~ a ,
~~ ~ ~-
r ~.._~
~
, _:
v _
r'l,. - ~~
~ r3
'r" L~ N 3 i. ~i
.
~ _
~ ~
L
„_ CASE NO: 2003-00230 P
Cumberland County,Pennsylvania, who being duly sworn according to law,
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
N C VENTURES I LP
VS
TUCKER STEPHEN D ET AL
BRYAN WARD Sheriff or Deputy Sheriff of
says, the within COMPLAINT - MORT FORE was served upon
TUCKER STEPHEN D
the
DEFENDANT at 1300:00 HOURS, on the 28th day of January 2003
at 1 QUEEN ANNE COURT
CAMP HILL, PA 17011 by handing to
!'imT'.TlTTT1TT Tl TTT/'~T~T"P 7'1
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
~~
SHERIFF'S RETURN - REGULAR
J V • J J
Sworn and Subscribed to before
me this ~ ~ day of
O~GU3 A.D.
ro~h notar
__
So Answers:
~~~~
R. Thomas Kline
01/29/2003
WEIR & PARTNERS
By:
i lam'--~ C.'
Depu Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00230 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
N C VENTURES I LP
VS
TUCKER STEPHEN D ET AL
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
TUCKER JEAN E the
DEFENDANT
at 1 QUEEN ANNE COURT
, at 1300:00 HOURS, on the 28th day of January , 2003
CAMP HILL, PA 17011
STEPHEN D TUCKER
a true and attested copy of COMPLAINT - MORT FORE
by handing to
ADULT IN CHARGE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ~ day of
%~fL~~; ~ A.D.
So Answers:
R. Thomas Kline
01/29/2003
WEIR & PARTNERS
By:
Deputy~Sherif f
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215)665-8181
N.C. VENTURES I, L.P. .
4100 Greenbriar, Suite 180
Stafford, TX 77477 .
Plaintiff,
v.
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w .
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
N0.03-230
PRAECIPE TO ENTER DEFAULT TUDGMENT
TO THE PROTHONOTARY:
Please enter a default judgment in favor of Plaintiff, N.C. Ventures I, L.P.
and against Defendants, Stephen D. Tucker and Jean E. Tucker, h/w for failure to
answer or otherwise respond to the Complaint in Mortgage Foreclosure.
The Complaint in Mortgage Foreclosure was served upon Defendants on
January 28, 2003, by Sheriff's Return of Service. A copy of the proof of service is
attached hereto as Exhibit "A."
Defendants failed to file a response to the Complaint in Mortgage
Foreclosure.
179314-1
A copy of the Notice of Intention to Take Default was served upon
Stephen D. Tucker by Certified Mail, Return Receipt Requested on April 9, 2003 and is
attached hereto as Exhibit "B." A copy of the return receipt card which Defendant
signed is attached hereto as Exhibit "C".
WHEREFORE, Plaintiff, N.C. Ventures I. L.P. demands judgment be
entered in Mortgage Foreclosure in its favor and against Defendants Stephen D. Tucker
and Jean E. Tucker in the amount of $22,788.78, plus interest at the per diem rate of
$4.93, costs and fees, and for foreclosure and sale of the mortgaged property.
By
Dated: May 1, 2003
179314-1
WEIR & PARTNERS LLP
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-002; P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
N C VENTURES I LP
VS
TUCKER STEPHEN D ET AL
BRYAN WARD Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
________ ...~.~~_.~~T r the
DEFENDANT at 1300:00 HOURS, on the 28th day of January 2003
at 1 QUEEN ANNE COURT
CAMP HILL, PA 17011_
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.0 0 ~,.~ ~. r
10.3 5 ~r.°.~-~ ~ ~ - .. ~ ...., _ -,-~'
.00
10.00 R. Thomas Kline
.00
38.35 01/29/2003
WEIR & PARTNERS
Sworn and Subscribed to before By
me this day of
A.D.
~~i
LepuL
Sheriff
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE N0: 2003-002. P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
N C VENTURES I LP
vs
TUCKER STEPHEN D ET AL
BRYAN WARD Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
_______~ t~,~._ ,, the
DEFENDANT at 1300:00 HOURS, on the 28th day of January 2003
at 1 QUEEN ANNE COURT
CAMP HILL, PA 17011
by handing to
ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service . 00 ; :..
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00 01/29/2003
WEIR & PARTNERS
Sworn and Subscribed to before By:
i
me this day of DeputyJSheriff
A.D.
Prothonotary
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
v.
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/ w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
To: Stephen D. Tucker and
Jean E. Tucker, h/ w
1 Queen Anne Court
Camp Hill, PA 17011-1733
DATE OF NOTICE: April 9, 2003
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO.03-230
NOTICE OF INTENT TO TAKE DEFAULT
Pa.R.C.P. No. 237.1
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. 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 A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICES TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
1.8383-_
CUMBERLAND COUNTY BAR ASSOCIATION
Two Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
WEIR & PARTNERS LLP
~~ .
By:
Jason M. Reiser, Esquire
Attorneys for Plaintiff
N.C. Ventures I, L.P.
Dated: Apri19, 2003
LAW OFFICES
WEIR & PAI3TNEF~S LLP
SUITE 500
THE WIDENER BUILDING
1339 CHESTNUT STREET
PHILADELPHIA, PA 19107
(215) 665-8181
FAX (215) 665-8464
~TASON M. REISER
At_so MEMHE& NJ Bea .
DIRECT DIAL 215-241-7717
E-MAIL jreiser@weirpar[ners.com
Apri19, 2003
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Stephen D. Tucker
1 Queen Anne Court
Camphill, PA 17011-1733
Re: N.C. Ventures v. Tucker
Dear Mr. Tucker:
NEW JERSEY OFFICE
215 FRIES M .LL gOAD
TUBNEBSVILLE. NJ 08012
(ese) 74A-349o
FAX (858) 740-1491
DELAWARE OFFICE
824 MAHHET STBHET MALL
SUITE 1001
PO HOX 708
WILMINGTON. DE 19899
(302) 852-6181
FAX (302) 862-8909
Enclosed please find a Notice of Intent to Take Default in the above-
' captioned matter for your failure to respond to our Complaint.
Thank you.
JRM/ mml
Enclosure
cc: Mr. Jeff Tate
.. z ~.~'?
Y
.. ..
7~0~ 1670 X009 893 8093
t, h. ~, ~ m ~ m .~ ~,~
(n r' ~ ' VJ d O ~ O 7] ~ ~`
may, D~ ~ ~~~ ~~ .f.
ti1-~ Z~ y ~ p T D ~
`~.~ \?~ T y
~ ~ \~~~ N ~'N aN N ~
r` O
(~ x ~ ffl 69
0
I~I~
\ '"
I ; ^ ~ ~~
\ I h I~ \,
;~
~ aye ~l~f
~ ~ ~ oti -
~' o ~ ~~.
~,1~ i6j b" ~O
d YVN~
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
vi.
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
N0.03-230
CERTIFICATION OF MAILING OF 237.1 NOTICE
I hereby certify that the Notice of intention to take default pursuant to
Rule 237.1 of the Pennsylvania Rules of Civil Procedure was mailed to the following by
certified mail, return receipt requested on Apri19, 2003:
Stephen D. Tucker
Jean E. Tucker
1 Queen Anne Court
Camp Hill, PA 17011-1733
A copy of the notice and accompanying correspondence is attached hereto
and identified as Exhibit "C".
Dated: May 1, 2003
WEIR
By: o "
a ~ Jason M. I
Attorneys
LLP
'r, Esquire
Plaintiff
179314-1
WEIR & PARTNERS LLP
Bv: Jason M. Reiser, Es~luire
Attorney Id. No. 82334
The Widener Building, Suite X00
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v.
CIVIL ACTION
NO. 03-230
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/ w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
To: Stephen D. Tucker and
Jean E. Tucker, h/ w
1 Queen Anne Court
Camp Hill, PA 17011-1733
DATE OF NOTICE: April 9, 2003
NOTICE OF INTENT TO TAKE DEFAULT
Pa.R.C.P. No. 237.1
YOU ARE IN DEFAULT BECAUSE ~'OU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, .-~ JUDG`IENT ~1AY BE ENTERED AGAINST
YOU WITHOUT A HEARING AND YOU `IAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLO~~'ING OFFICES TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
CUI~IBERL.-~:~ D COL'S I~Y B AR ASSOCI.-~TION
T~~~o Libert~• A~~enue
Carlisle, PA 1701
(717) 2-19-3166
WEIR & PARTNERS LLP
__
,~
B~': ~:. r
Jason M. Reiser, Esquire
Attorneys for Plaintiff
N.C. Ventures I, L.P.
Dated: Apri19, 2003
cTASON M. REISER
ALSO MEMHEa NJ BwR
DIRECT DIAL 215-241-7717
E-MAIL jreisec~'eirpartners.com
LAW OPFICES
WEIR & PAI3TNEAS LLP
SUITE 500
THE WIDENER BUILDING
1339 CHESTNUT STREET
PHILADELPHIA, PA 19107
(215) gg5-8181
FAX (215) gg5-8484
April 9, 2003
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Stephen D. Tucker
1 Queen Anne Court
Camphill, PA 17011-1733
Re:
- Dear Mr. Tucker:
N.C. Ventures v. Tucker
NEW JERSE Y OFFICE
215 FRIES M LL 80AD
TURNERSVILLE, NJ 08012
(aseJ 74o-laeo
FAX (858 740-1481
DELAWARE OFFICE
824 MAREET STREHT MALL
SUITE 1001
PO HOX 708
WILMINGTON, DE 19888
(302) 852-6181
FAX (302) 862-6606
Enclosed please find a Notice of Intent to Take Default in the above-
captioned matter for your failure to respond to our Complaint.
Thank you.
JRM/ mml
Enclosure
cc: Mr. Jeff Tate
i .. ..`
700 167 0~~9 893
n I D
~i W o= o D J;,~ _
J
rt
v n ~',~
CZ
~
N
~a ~
l~
3 ~
~
s
_
~
~.
~~
"'T ~
P .~
v~ ~ ;
~
.,
`?
'~ ` .1 ~
T
A
~ ~1 D O Q
~ T T d
~
I
`
`,
_ \ 1
_ l~ \
\
~_'~
~ ~ ~ n
'/!/
\~
-. '
~a
ti
~; ~
_~~
~ m a
~ ° ~ j
~,
.)~ 6,~.F ~~or
8093
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
vii.
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
N0.03-230
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF TEXAS
COUNTY OF FORT BEND
ss.
Brad Hrebenar, being duly sworn according to law, deposes and says that
he is an authorized member of N.C. Ventures I., L.P.; that he is authorized to make this
affidavit on behalf of Plaintiff; that the above-named Defendants reside at 1 Queen
Anne Court, Camp Hill, PA 17011-1733 and that the Defendants are not in the Military
Service of the United States, nor any State or Territory thereof or its allies as defined in
the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto.
179314-1
To the best of his knowledge, information and belief, the last known address of the
Defendant is as follows:
1 Queen Anne Court
Camp Hill, PA 17011-1733
Brad Hrebenar
~worr. and subscribed
befo e me this dayZ2~~ ,.y,~~°~ x SUE STOKE:
Of ~JQh,,~~ , 2003 ' r MY COMMISSION EXPIRES
~*„ µ,,.~ FEBRUARY 14.2001
~'~~~
Notary Public
179314-1
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
viii.
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
N0.03-230
CERTIFICATION OF RESIDENCE
Brad Hrebenar, of N.C. Ventures I, L.P., Plaintiff herein, hereby certifies
that the address of the Plaintiff is as follows:
4100 Greenbriar, Suite 180
Stafford, TX 77477
179314-1
Affiant also certifies that the address of the Plaintiff is 4100 Greenbriar,
Suite 180, Stafford, Texas 77477.
__--
Brad Hrebenar
Sworn to and Subscribed ...~,.~„
Before me this Z2"day .` "" suE sTOK~s
/~ ,,~^~ MY :pMMISSION EXPIRES
of t.~t.~JJ~tCJ , 2003.
,~.%` FEBRUARY 14, 200%
~_
h
Notary Public
179314-1
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
Attorney for Plaintiff
N.C. VENTURES I, L.P. CUMBERLAND COUNTY
4100 Greenbriar, Suite 180 COURT OF COMMON PLEAS
Stafford, TX 77477 CIVIL DIVISION
Plaintiff,
CIVIL ACTION
ix.
N0.03-230
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
You are hereby directed to assess damages in favor of Plaintiff and against
the Defendant as follows:
Principal
Interest through 11/5/02
Attorney's Fees
TOTAL REAL DEBT
$19,470.73
$ 3,215.19
$ 1100.00
$23,785.92
179314-1
Interest continues to accrue in the amount of $4.93 per day.
WEIR & PARTNERS LLP
BY
Dated: May 1, 2003
179314-1
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
x.
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
N0.03-230
CERTIFICATE OF SERVICE
I, Jason M. Reiser, Esquire hereby certify that the within Default Judgment
was served on all interested parties on May 1, 2003 by First Class, United States Mail,
postage prepaid on the following:
Stephen D. Tucker
Jean E. Tucker
1 Queen Anne Court
Camp Hill, PA 17011-1733
179314-1
I" ~C'
... ..._
1 W
d
.~
g
~ ~:;:
~{ r ~ •_
,.r ,;
`,
~','<
.~
!.
_~
e'
~.G
_'~ ~;~~
:}~~
_~
_;
.`=,.
~Y~
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO. 03-230
PRAECIPE TO MARK IUDGMENT SATISFIED
TO THE PROTHONOTARY:
Kindly mark the judgment in the above matter satisfied.
WEIR &~ARTNE~ LLP
Dated: August 29, 2003
188976-1
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
vi.
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO. 03-230
CERTIFICATE OF SERVIC~E
I, Jason M. Reiser, Esquire hereby certify that the within Praecipe to Mark
Judgment Satisfied was served on August 29, 2003 by First Class, United States Mail,
postage prepaid on the following:
Stephen D. Tucker
Jean E. Tucker
1 Queen Anne Court
Camp Hill, PA 17011-1733
e
188976-1
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
Attorney for Plaintiff
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
Mo
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO. 03-230
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter a default judgment in favor of Plaintiff, N.C. Ventures I, L.P.
and against Defendants, Stephen D. Tucker and Jean E. Tucker, h/w for failure to
answer or otherwise respond to the Complaint in Mortgage Foreclosure.
The Complaint in Mortgage Foreclosure was served upon Defendants on
January 28, 2003, by Sheriff's Return of Service. A copy of the proof of service is
attached hereto as Exhibit "A."
Defendants failed to file a response to the Complaint in Mortgage
Foreclosure.
179314-1
A copy of the Notice of Intention to Take Default was served upon
Stephen D. Tucker by Certified Mail, Return Receipt Requested on April 9, 2003 and is
attached hereto as Exhibit "B." A copy of the return receipt card which Defendant
signed is attached hereto as Exhibit "C".
WHEREFORE, Plaintiff, N.C. Ventures I. L.P. demands judgment be
entered in Mortgage Foreclosure in its favor and against Defendants Stephen D. Tucker
and Jean E. Tucker in the amount of $22,788.78, plus interest at the per diem rate of
$4.93, costs and fees, and for foreclosure and sale of the mortgaged property.
Dated: May 1, 2003
WEIR & PARTNERS LLP
Att~o'me.~r~ 'laintiff
179314-1
Exhlibit A
Prothonotary
Exhibit B
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
To:
Stephen D. Tucker and
Jean E. Tucker, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
DATE OF NOTICE: April 9, 2003
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO. 03-230
NOTICE OF INTENT TO TAKE DEFAULT
Pa.R.C.P. No. 237.1
YOU ARE IN DEFAULT' BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. 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 A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICES TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
178303-1
CUMBERLAND COUNTY BAR ASSOCIATION
Two Libertv Avenue
Carlisle, PA 17013
(717) 249-3166
WEIR & PARTNERS LLP
Dated:
April 9, 2003
By: 'd-,~? i
Jason M. Reich. r, Esquire
Att6rneys for Plaintiff
N.C. Ventures I, L.P.
Exhibit C
JASON ~. REISEIt
ALSO ~f~ NJ BaR
DIRECT DIAL 215-241-7717
E-MaIL jre/ser//)weirpartners.com
LAW OFFICES
WEIR ~: PARTNERS
SUITE 500
THE WIDENER BUILDING
1380 CHESTNUT STREET
PHILADELPHIA, PA 10107
(e~) 085-81s1
FAX (215) 885-8484
April 9, 2003
CERTIFIED MAIL RETURN
Stephen D. Tucker
1 Queen Anne Court
Camphill, PA 17011-1733
RECEIPT
REQUESTED
Re.'
Dear Mr. Tucker:
N.C. Ventures v. Tucker
LLP
NEW 4ERSE f OFFICE
215 FRIES M .LL IROAD
TLr~NERSVILLE, NJ 0801~
(8~) ~- ~0
DELAWARE OFFICE
824 ~KET STREET ~L
SUITE 1~I
PO ~OX 708
WILMINOTON, DE 19899
(~02) 8~2-818~
Enclosed please find a Notice of Intent to Take
captioned matter for your failure to respond to our Complaint.
Thank you.
Default in
the above-
JRM/mml
Enclosure
urs,
cc: Mr. Jeff Tate
7000 1670 0009 8903 8093
~' o~ o2
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
vi.
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO. 03-230
CERTIFICATION OF MAILING OF 237.1 NOTICE
I hereby certify that the Notice of intention to take default pursuant to
Rule 237.1 of the Pennsylvania Rules of Civil Procedure was mailed to the following by
certified mail, return receipt requested on April 9, 2003:
Stephen D. Tucker
Jean E. Tucker
1 Queen Anne Court
Camp Hill, PA 17011-1733
A copy of the notice and accompanying correspondence is attached hereto
and identified as Exhibit "C".
Dated: May 1, 2003
WEIR~~ERS LLP
BY:as
] on M. Rqi~er, Esquire
Attorneys f~ Plaintiff
179314-1
Exhibit C
WEIR & PARTNERS LLP
Bv: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chesmut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
Vo
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
To.'
Stephen D. Tucker and
Jean E. Tucker, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
DATE OF NOTICE: April 9, 2003
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO. 03-230
NOTICE OF INTENT TO TAKE DEFAULT
Pa.R.C.P. No. 237.1
YOU ARE IN DEFAULT' BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. 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 XIAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICES TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
Two Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
WEIR & PARTNERS LLP
Dated:
April 9, 2003
Jason M. Rei~r, Esquire
Attorneys for Plaintiff
N.C. Ventures I, L.P.
JASON 1~. I:~EISEH
ALSO MEl~nm~ NJ BaR
DIRECT DIAL Z1§-241-7717
E- i~AIL jrOS~r~veirpartners.com
LAW OFFICES
WEIR & PARTNERS
SUITE 500
THE WIDENER BUILDING
13139 CHESTNUT STREET
PHILADELPHIA. PA 19107
(215) 065'8181
FAX (215) 865-8464
April 9, 2003
CERTIFIED MAIL RETURN
Stephen D. Tucker
1 Queen Anne Court
Camphill, PA 17011-1733
RECEIPT
REQUESTED
Re: N.C. Ventures v. Tucker
Dear Mr. Tucker:
LLP
NEW JERSE f OFFICE
215 FRIES bf LL ROAD
TURNERSVILLE. NJ 0801~
(8§8J 740-14,90
F~ (8~5e) 740-1401
DELAWARE OFFICE
824 I"~-~KET STREET M..ALL
SUITE 1OO1
PO BOX 708
W'ILbIINOTON. DE 10800
FAX (002) e~2-8ooo
Enclosed please find a Notice of Intent to Take
captioned matter for your failure to respond to our Complaint.
Thank you.
Default
in the above-
JRM/mml
Enclosure
cc: Mr. Jeff Tate
7000 1670 0009 8903 8093
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
Attorney for Plaintiff
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
vii.
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO. 03-230
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF TEXAS
COUNTY OF FORT BEND
SS.
Brad Hrebenar, being duly sworn according to law, deposes and says that
he is an authorized member of N.C. Ventures I., L.P.; that he is authorized to make this
affidavit on behalf of Plaintiff; that the above-named Defendants reside at 1 Queen
Anne Court, Camp Hill, PA 17011-1733 and that the Defendants are not in the Military
Service of the United States, nor any State or Territory thereof or its allies as defined in
the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto.
179314-1
To the best of his knowledge, information and belief, the last known address of the
Defendant is as follows:
1 Queen Anne Court
Camp Hill, PA 17011-1733
Brad Hrebenar
Sworn and subscribed o/
before me. this day Z
Notary Public
179314-1
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
Attorney for Plaintiff
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
viii.
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO. 03-230
CERTIFICATION OF RESIDENCE
Brad Hrebenar, of N.C. Ventures I, L.P., Plaintiff herein, hereby certifies
that the address of the Plaintiff is as follows:
4100 Greenbriar, Suite 180
Stafford, TX 77477
179314-1
Affiant also certifies that the address of the Plaintiff is 4100 Greenbriar,
Suite 180, Stafford, Texas 77477.
Sworn to and Sub.s~:ribed
Before me this .Zz" day
of~ ,2003.
Notary Public
Brad Hrebenar
179314-1
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
ix.
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO. 03-230
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
You are hereby directed to assess damages in favor of Plaintiff and against
the Defendant as follows:
Principal
Interest through 11/5/02
Attorney's Fees
TOTAL REAL DEBT
$19,470.73
$ 3,215.19
$ 1100.00
$23,785.92
179314-1
Interest continues to accrue in the amount of $4.93 per day.
WEIR & PARTNERS LLP
Dated:
May 1, 2003
BY:
~sauire
179314-1
WEIR & PARTNERS LLP
By: Jason M. Reiser, Esquire
Attorney Id. No. 82334
The Widener Building, Suite 500
1339 Chestnut Street
Philadelphia, PA 19107
(215) 665-8181
N.C. VENTURES I, L.P.
4100 Greenbriar, Suite 180
Stafford, TX 77477
Plaintiff,
STEPHEN D. TUCKER AND
JEAN E. TUCKER, h/w
1 Queen Anne Court
Camp Hill, PA 17011-1733
Defendants.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CIVIL ACTION
NO. 03-230
CERTIFICATE OF SERVICE
I, Jason M. Reiser, Esquire hereby certify that the within Default Judgment
was served on all interested parties on May 1, 2003 by First Class, United States Mail,
postage prepaid on the following:
Stephen D. Tucker
Jean E. Tucker
1 Queen Anne Court
Camp Hill, PA 17011-1733
Esquire
179314-1
_ ~
w ~
~ -b
~Q~
a. IJ
~ c~
~~
~ ~r
ri
.e'' l-1
"~
C r -~
~
y'^.'..F
K
L
J l.._J
~~
~
~ ~ ^
r
p
` ~
+ r
.
-~' L J
r
~^ Y
~ i~~.`f
i~ ~ ~.
w
`
t,D ..~
V~ ~'