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c:IIER t FF' S RETURlI .. REGULMi
CASE NO: 1998-00205 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAM WHOLESALERS OF CARLISLE
VS.
GORDON LEROY K ET AI.
ROBERT L. FINK. SR. . Sheriff or Deputy Sheriff of
CUMBERLAND County. Pennsylvania. who being duly sworn according
to law, s\ys. the within CmlPLAINT
upon GORDON KAREN E
defendant, at -1530:00 HOURS. on the 20th day of January
1998 at 7B TORI CIRCLE
ENOLA. PA 17025 . CUMBERLAND
County, Pennsylvania. by handing to ASHLEY GORDON. ADULT SON OF
was served
the
DEFT,
a true and attested copy of the COMPLAINT
and at the same time directing His attention to the contents thereof.
Sheriff's Cost.s:
Docketinq
ServicE' -
Affidavit
Surcharge
So answers: V /.4
rg~..~c.~~--e
R. Thomas Kl~ne. She~;~
5,00
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2.00
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$8. 00 HAROLD S. IRWIN. III
01/22/1998 ~
by _~~~J-c--
Sworn and subscribed to before me
this .2.7........ day Of9"'-'^"-'-'-'7
19-'ZY_ A. D.
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HAROLD II. IRWIN, III, EIIQUIRE
ATTORNEY ID NO. 21120
35 EAIIT HIOH IITREET
CARLISLE I'A 17013
(717) 243,'010
ATTORNEY FOR I'LAINTIFF
ADAM WHOLESALERS OF
CARLISLE, INC.,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
: CIVIL ACTION. LAW
: NO. 98 .;)05 CIVIL TERM
LEROY K. GORDON and
KAREN E. GORDON
Defendants
: IN ASSUMPSIT
NOTICE
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by an 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 fhe 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 of her rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
ADAM WHOLESALERfi OF
CARLISLE, INC.,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
PI.lntlff
VS.
: CIVIL ACTION - LAW
: NO. 911 -,ii'l, CIVIL TERM
LEROY K. GORDON .nd
KAREN E. GORDON
Defend.nts
: IN ASSUMPSIT
COMPLAINT
NOW comes the plaintiff, by its attorney, Harold S. Irwin, III, Esquire, and files
this complaint, representing as follows:
1. The plaintiff is Adam Wholesalers of Carlisle, Inc., Pennsylvania
corporation with principal offices located at 1627 Ritner Highway, Carlisle, Cumberland
County, Pennsylvania 17013.
2. The defendants are Leroy K. Gordon and Karen E. Gordon, adult
individuals residing at 78 Tory Circle, Enola, Cumberland County, Pennsylvania 17025,
and having a place of business known as Prepared Millwork, located at 419 East High
Street, Carlisle, Cumberland County, Pennsylvania 17013.
3. On May 30, 1995, defendants executed and delivered a mortgage, a copy
of which is incorporated herein, attached hereto and made a part hereof as Exhibit "A",
to plaintiff, secured upon the premises more particularly described in Exhibit "A".
4. On June 5,1997, defendants executed and delivered a promissory note
and real estate mortgage loan modification agreement (attached hereto and made a
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part hereof as Exhibit "B"), providing, inter alia, for an increase in the principal balance
of the above mortgage to $859,000.00.
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10. The following amounts are due on the mortgage, as amended:
5. Default has been made in the terms and conditions of the mortgage, as
amended, in that defendants have failed to pay installments of interest and principal
due on the dates as required, in violation of the terms of the mortgage, as amended.
6. The entire condition, money or sum of $859,000.00 has become due and
payable, together with interest at Six and no/100 (6.00%) percent per annum and
attorney's commission of at least 5% for the collection of said sum in accordance with
the terms of the mortgage, as amended, less such sums as have been paid on account
of principal.
7. No judgment has been entered upon said mortgage in any jurisdiction.
8. The defendants are not engaged in the federal services or on active or
inactive duty in the United States Army, Navy, Coast Guard, Marine Corps nor are
defendants active members of the armed forces of any state or territory of the United
States of America, nor engaged in any way which would bring the defendants within the
provisions of the Soldiers' and Sailors' Civil Relief Act approved October 18, 1940, as
amended.
9. The plaintiff has complied with the requirements of the Act of Assembly
dated January 30,1074, known as Act No.6, 1974, with respect to notice of intention to
foreclose to the defendants, and Act No. 91, 1984, with respect to credit counseling,
and the defendants have failed to reinstate the mortgage, as amended, in accordance
with the provisions thereof.
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Principal balance of mortgage
Interest to February 1, 1998
Attorney Fees
Total Due
$859,367.87
4,296.83
42.968.39
$906,633.09
WHEREFORE, plaintiff demands judgment against defendants in the sum of
Nine Hundred Six Thousand Six Hundred Thirty-three and 09/100 ($906,633.09)
Dollars, plus Interest from February 1, 1998 to the date of final payment.
January 14-, 1998
35 East High Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court 10 No. 29920
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VERIFICATION
The foregoing complaint is based upon information which has been gathered by
my counsel in the preparation of this lawsuit. The language of the document is the
language of my counsel and not my own. I have read the complaint and to the extent
that it is based upon information which I have given to my counsel, it is true and correct
to the best of my knowledge, information and belief. To the extent that the content of
the complaint is that of counsel, I have relied upon counsel in making this verification.
understand that false statements made herein are subject to the penalties of 18
Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities.
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KElT. LaVANC ER
January Li., 1998
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EXHIBIT "A"
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THIS INDENTURE"
MADE the .!;6# day of mar . 1995,
BETWEEN LEROY K. GORDON IInd KAREN E. GORDON, his wife, of East
Pennsboro Township, Cumberland County, Pennsylvania, hereinafter called Mortgllgor,
AND ADAM WHOLESALERS, INC., a Pennsylvania corporation, with its principal
ollice at 1627 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013, hereinafter
called Mortgllgee.
WHEREAS, the Mortgagor, by its written obligation, under its hand and seal duly
cxecuted, being a certain promissory note dated November 23, 1993, stands bound unto the
Mortgagee in the sum of Five Hundred Thirty-seven Thousand and no/100 ($537,000.00) Dollars,
lawful money as aforesaid, together with thc premiums of insurance, taxes, municipal assessments
and charges from time to time assesscd against or upon the hereinafter described mortgaged
premises, without any fraud or further delay, as in and by the said recited obligation and the
conditions thereof, relation to the same being had, more fully and at large appears, and in case of
default in payment as aforesaid, shall also pay all costs, fees and expenses of collecting the same
including an attorney's commission of at least five per cent.
NOW THIS INDENTURE WITNESSETH, that the Mortgagor, as well for and in
considcration of the aforesaid debt or sum of Five Hundred Thirty-seven Thousand and no/IOO
($537,000.00) Dollars and for the better sccuring the payment of the same, and interest, as
aforesaid, unto the said Mortgagee, its successors or assigns, according to the conditions of said
obligation, and in discharge, as for and in consideration of the further sum of one dollar, unto the
Mortgagor in hand well and truly paid by thc Mortgagee, at and before the sealing and delivery
hereof, the receipt whcreof is hereby acknowledged, granted and conveyed and by these presents
does grant and convey to the mortgagor, its successors and assigns,
ALL that certain condominium unit and detached garage and common elements
appurtcnant thereto, known as Unit No. D-20/D-20-G, as named and identified in the Declaration
dated April 4, ] 989, recorded in the Office ofthe Recorder of Deeds for Cumberland County,
Pennsylvania in Miscellaneolls Book 362, Page 661, creating Laurel Hills North Condominium I,
situate in East Pennsboro Township, Cumbcrland County, Pennsylvania, which said unit is morc
thlly described in thc Amended and Restated Declaration datcd October 15, 1990, recorded in the
on1cc aforesaid in Misccllaneolls Book 388, Page 483, and Plats and Plans Site Plan, recorded in
the office atoresaid in Plan Book 57, Page 126, togcther with the above-described First
Amendment to Plals And Plans Sitc Piau, recordcd in the ollice aforesaid in Plan Book 60, Page
102, together with thc proportionate undividcd interest in the Common Elements (as defined in
said Declaration, as amendcd) ,,1'6.29%.
m~ING the same premises wllidl LAUREL HILLS DEVELOPMENT CORP.
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granted and conveyed to Leroy K. Gordon and Karen E. Gonllln, hl~ wllb, nlllltllllllllr herein, by
deed dated September 18, 1995 and rccordcd in thc Olllce of the Ileclllller lIfl>eed~ Ihr
Cumberland County, Pennsylvania in Deed Book" 140", Volumu __.._' I'al:lu ._ 4 () 1
TOGETHER with all and singular thc buildings IInd Implllvemenl~, ~Irccl~, IlInc~, alley~,
passages, ways, watcr, water-courscs, rights, Iibertie~, privile!lc~, heredltllment~, and
appurtenances whatsoever thcreunto belonging, or inllny WilY IIppertlllnlnl.l, IInd thc reversions
and remainders thereof: To have and to hold the ~aid Mmtgll!lee Ihe heredltlllnents ami prcmiscs
hereby granted and conveyed, with thc appurtenllnccs, unto the sllld Mnrlgll!leC, its succcssors
and assigns, to the only propcrty use and behoof or the said Mmlgllgec, Its succcsson IInd
assigns, forever.
AND it is further understood and agrccd that thc said Mortgagor, Its successors IInd
assigns, will pay all taxes, municipal assessments and chllrgcs Ihnlltime to time IIsscsscd agllinst
or upon said mortgaged premises forthwith whcn the samc bccomc due IInd pllYllblc, and will kccp
the buildings erected upon the said premiscs insurcd in somc good /lnd rclillblc, fire Insurancc
company or companies licensed to transact business in the Commonwcalth of Pcnnsylvania, in thc
amount of at least ($) Dollars, and shall takc
no insurance upon said buildings not marked for thc bcncfit of'thc Mortgagcc, and thc policy or
policies, with a proper mortgagee or loss payable clause attachcd, shllll bc delivcrcd to and hcld
by the Mortgagee, its successors or assigns, as collatcral sccurity lor thc pllymcnt of moneys
secured hereby, and in case said Mortgagor its hcirs or assigns, shallncglect to procurc such
insurance, or shall neglect to pay said taxcs, municipalasscssmcnts IInd chargcs forthwith when
the same become due and payable, Mortgagcc, its succcssors or assigns, may takc out such policy
or policies in its own name, and may pay such taxcs, municipalllsscssmcnts and chargcs, and the
premium or premiums paid thercfore, and thc sum or sums paid for such taxcs, municipal
assessments and charges as aforesaid, shall bear intcrcst Irom the timc or payment, and be addcd
to and collected as part of the said principal sum and inthc same manncr.
And it is further agreed and undcrstood thllt in case dcfllult be made at any time in the
payment of the principal dcbt or any instllllmcnt of principal dcbt or intcrcst, or any part thereof,
or of any taxes, municipal assessments, chargcs or prcmiums of insurance aforesaid, for thirty (30)
days after the same falls due as aforesaid, thc wholc of the said debt and intcrest and additions
thereto as aforesaid, shall, at the option of the said Mortgagee, its succcssors or assigns, become
due and payable forthwith; and thcreupon IIn IIction of mortgllgc foreclosure as now provided by
Pennsylvania Procedural Rulcs 1141 to 1148 both inclusive, or othcr appropriatc proceedings,
now or hereafter prescribed by law, may forthwith bc commenccd and prosecuted to judgment,
execution and sale, for the collcction of the whole amount of thc said debt and interest remaining
unpaid, together with all prcmiums of insurllnce, IInd alltaxcs, municipal assessments and charges,
and all fees, costs and expenses or such procecdings, including attorncy's commission of five per
cent. of the penal sum. And all crrors in sllid procccdings, togcthcr with all stay of or exemption
from execution, or cxtension of time of payment which nlllY bc given by any Act or Acts of
Assembly now in force, or which mllY be cnllcted herealler, arc hercby lorever waivcd and
released.
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PROVIDED ALWAYS, NEVERTHELESS, that if the said Mortgagor truly payor
cause to be paid unto the said Mortgage, its successors or assigns, the aforesaid debt or sum of
Five Hundred Thirty-seven Thousand and no/100 ($537,000.00) dollars on the day and time
herein before mentioned and appointed for the payment thereof, as set forth ill the condition of
said obligation, and do satisfY and discharge the same, and the premiums of insurance aforesaid,
without any fraud or further delay, and without any deduction, defalcation or abatement to be
made for or in respect of any taxes, charges or assessments whatsoever, then and from
thenceforth, as well this present Indenture, and the estate hereby granted, as the said recited
obligation, shall become void and of no effect, anything herein before contained to the contrary
thereof in anywise notwithstanding.
IN WITNESS WHEREOF, the Mortgagor has to these presents set its hands and seals
the day and year above written.
t-
~c~
KAREN E. GORDON
I do hereby certifY that the precise residence and complete post office address of the
within named mortgagee is 1627 Ritner Highway, Carlisle, PA 17013.
tt~ 10 ,1995
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Attorney for
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COMMONWEALTH OF PENNSYLVANIA
55:
COUNTY OF CUMBERLAND
On this, the 30 day of m 1/ y . 1995, before me, the undersigned officer,
personally appeared Leroy K. Gordon and Karen E. Gordon, his wife, known to me (or
satisfactorily proven) to be thc persons whose names are subscribed to the within instrument, and
acknowledgcd that they executcd same for the purposes therein contained.
111 witness whereof, I hcreunto set my hand and official seal.
?C; ? dJ...
Notary Public
NOTARIA~ SEA~
KATHLEEN E. HANUN. Notary Publio
Carlisi. Bo,o. Cumberland County
isslon e.ci 1996
COMMONWEALTH OF PENNSYLVANIA:
: 55:
County of
Recorded on this day of
office of the said County, in Mortgage Book Vol.
A.D. 19---, in the Recorder's
page
Given under my hand and the seal of the said office, the date above written.
, Recorder.
HAROLD S. mWIN, UI
Attorney at Law
35 EAST HIGH ST SUITES 201/202
Carlisle, PA 17013
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EXHIBIT IIBII
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,.OHlllon 110tl IJfD RUt. InATI MOMTOAUI
LOAf' ~ODI,'.l~"~~~." A?llIfHIUT
t(11U1f ALL MIi" IIV TIlESR I'IlHIlIUlTB. that tltIPARI!) HIL""OItI':, ll1e.. .
I'.nll.vlva"t. coqlouthlll, 1.111;01' It. OORDON alUl MRI" I. (JUIlDUlI C*Uotrowau'"
did ...cuLII . certain Promhaory Ilot. 1"lIot."1 III h~ur 01 Ad.. Whohnl.u oe
Carlhh, Inc., .. PaulI.vlvanh COtl1outlo11 I"L.llIl.r"I, thlLallllovemb.r :I:J, 19U
III th. IItlnc11l.1 aUIIl 01 rlv. lluuIJutl Thirty Unen 1'holl"'lIIl l>olhn
e,SJ1.DUO.DDI and to ..cur. ..11I., Dorraw.r. did ...cut. alld cau.. to h.
recorded.. Hortgage In Dook ltO'. paga 4Sl of thll 1.lIlelll. CQUIIlY. PIIJllIaylvallh
tlolLl,.Ua Racord., thanby enatlng .. lIell U~IOII cutaln nUll ..t.ta which la
IlIOU II.rtlcul.fly ducrib.d In attach.d Illhlblt .".. III '....or 01 I.ander'.
I,atent COtl,otation, Ada," Who1e..1er., 1no., alld to further .ecure LJ.e .anl..
lIorrower. did execute and ceuae to ba recorded. HurL!J"ue in book 11~&'. Ilaye
,,;g or t.ha cumberland County, Pallllayhallia Hortga!.!e Recorda. thereby-cuatlllU
illeu upon cartain ru1 a.tate mou putieulerlr duerlbed in attached
Exhibit -0- In favor of Lander'e parent corpot..t all. Ad.'n \lhole..1er., Jnc.,
and
WIIEREAS. borrowen have nqueeted Lender to makll eel"tAln IIdjllatme"ta to
the !late, and
WIIBRBAs. Lender ia agreaable to do eame,
flOW, TIIBREFORE, in conaidention of the mutual prornlua of Lhe putlee
hereto. it h agrud by and betw.." the put lee .. tollow81
1.1
The note balance which w.. originally $5]7,000,00 18 hereby
increnaad to $85',000.00.
The Intenat rate .hal1 be 6,OOt per allllUm,
The term .hall b. thirteen 11]1 yeare,
The monthly payment of principal and Interut .hall be '4.500',00
eUective Har I, un. The monthly paY"'ellt at prluclpBl alUl'
Intereat .ha I Iller.... to U.6U.67 aUective Hay 1. .000. "rhe
monthly paymant of principal and intareet 8hall decrea.Ii'to .
$5.U6.67. dfective October I, .001. On Hay I, .010 Ithe
-Haturlty Oate-), the entire unpaid balance of the tlote .hall
become due and payable.
Notwlthatanding the foregoing, provided Dorrowera make alL 156
.clleduled monthly paymenta whan due and are not In ddault.
Sorrowera .halL be re1....d from any furthn obligation. under the
Note or any other documenta e.ecutad alld dollverad to Lender.
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All tho other terlu and condition. at the !late and the Hortgag. ..curing
..llIe ahalL remain the .ame except.. modified henby.
TIllS AOREEHEtlT .halL be binding upon and Inute to the beneHt at the
re.pectlvn oucce.oore and a..1glle of the part i.>> hereto, Whenever uaed, the
.Inguhr number ahalL Include the plural, thlll plural the singUlar, and the ua.
of any gender ahalL be applicable to all gandan,
f~t'." WW."O', tho ...ti.. h.nto h_" ..,cutad <hi. In.''um..''
thla day of~, un.
SIOIlIO IS PRSSINCS OF.
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STATE O'~4"JI~/t.~/1IA-
COllHTY OF~'~~
me thb
The foregoin wa.
un by
Inc.. . Pen II)' v n II corporat
Gorda .i'iU'n;,JJ:.~rrdGn
H.roldS 1/'ffItlIll,Nol:t'rP\lblc
CII..tollo,a,Cllmbllll.I'lCfCavnfy
MrCo,"'",ulo'1I!,p'.,S'plI4. 1f19B
u.rt.w.p.,...~_~CJff"""
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STAT! OF 011t0
COUnTY or lll\HILTOn
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The fongoin; netr\l!ll wu eo owladgad bafore me thb /1 day o~
I'" br ,~Ad.m Whole..1er.
of Car i. e, Inc.. . Pennay van a corpoutlon, and Adam "hol...hra, Inc.. an
Ohlo corporation. on behalf of the corporation.
TillS INSTRUMINT rREPARED D'il
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CA E KNOSE KEl~~~I~i'.~~i';;"
Nol.ryPub', 1'I'l~-()~";if "'~W:;:.
My Commllllon E'PI...~~\3, 2qOIO~, t~:\
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Terrenee A. Hire, Inq.
Cohen. Todd, Kite . Stantord, Ltc
525 Vina Street, l'th Floor
Cineinnati, Ohio 45202
15131 4:11-4020
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eoo~ 551 PIC[ 773
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EXIUDIT A
All thos~ two certain tracts of land with the: improvements
thereon situate as followsl
Tract One
Situate 1n Union Township, Luzerne County, P~nnsylvanlal bounded
and deBcrlbod as follows I
Beginning at a point along the center of Legislative Route No.
400731 thence along the dividing line of Lots No.3 and 4, South.
36'13'30" West, 240.92 feet to an iron pin cornerl thence along
the dividing line of LotB No.4 and 9. South 53'46'30" East.
115,00 feet to an iron pin corner I thence along the dividing line
of Lots No.4 and 5, North 36'13'JO. East, 248.92 feet to the
center of Legislative Route No. 40073, thence along the center of
Legislative Route No. 40073, Norch 53'46'30" West. 175.00 feet to
the place of beginning: containing 1.00 acres of land.
Being Lot No. 4 Cerca del Lago Subdivision.
Being the same property that A. Jay Matt. et al, granted and
conveyed to Leroy K. Gordon and Karen E. Gordon, his wife,
mortgagors herein by deed dated May 0, 1901 and recorded in
Luzerne County Recorder of Deeds office in Deed Book 204G. page
69,
TrB!:!t. Two
Situate in Huntingdon Township, Luzerne County, pennsylvania,
bounded and described as follows 1
Beginning at a point along the center line of L.R. 40076, said
point being common to Lot No. 1 and Lot 2 of M. " S. Subdivision
2 dated December 11, 190G and recorded in Luzerne County Recorder
of Deeds Office Map Book 3B, page 21 thence' along the division
line of Lnt No. 1 and Lot No. 2 of said map. Norch 3102G'30.
Weat, 473.43 feet to a point along an old stone row, thenca along
the line of lands now or formerly of A. Uortop, South GOOOO'OO.
West, 272.61 feet to an iron pin cornerJ thence along other lands
now or formerly of A. J. Mott, South 22024'25. East, 523.29 feet
to a paine along the center line of L.R. 4007G1 thence along the
center line of L.R. 4001G, North 50046'45. East, 351.09 feet to
the place of beginning. Containing 3.55 acres of land.
Being the same property that A. Jay Mott, et al, granted and
conveyed to Leroy K. Gordon and Karen E. Gordon. his wife. by
deed dated July 3. 1990 and recorded in the Luzerne County
Recorder of Deeds office in Deed Book 2354. page 1044.
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All that certain condominium unit and detached garage and common
elements appurtenant thereto, known as Unit No. 0-20/0.20-0, as
named and identified in the Declaration dated April 4, 1989,
recorded 1n the Oftice of the Recorder of Deeds for cumberland
County, Pennsylvania 1n Miscellaneous Book 362, page 661,
creating Laurel Hills North Condominium I, situate in East
pennsboro Township, CUmberland County, Pennsylvania, which said
unit Is more fully described in the Amended and Restated
Declaration dated October 15, 1990, recorded in the office
aforesaid in Miscellaneous Book JB8, page 483, and Plats and
Plans Site Plan, recorded 1n the office aforesaid 1n Plan Book
57, page 126, together with the above-described First Amendment
to Plats and Plans Site: Plan, recorded in the Office aforesaid In
Plan Book 60, page 102, together with the proportionate undivided
interest in the Common Elements (as defined in said Oeclaration,
as a~ended) of 6,29t.
EXHIBIT D
Being the same premises which J....4v~Lt. Me.t.~ 'O.....t);"LdPA1..r'J/fa ~d<<.
granted and conveyed to Leroy K. Gordon and Karen E, Gor on, s
wife, mort.gagors herein, by deed dat.ed S~Prfl"~R~;? I'/., 1995 and
recorded in t.h~ Office of t.he Recorder 0 Dee s for Cumberland
cOU.;l:t.y, Pennsylvania in Deed Book liLt) Volume , page
IN .
Together with all and singular the bUildings and improvement.s.
streets, 1aneo, alleys, passages, ways, water, wat.er-courses,
right.s, liberties, privileges, hereditaments. and appurtenances
whatsoever thereunto belonging, or in any way appertaining, and
the reversions and remainders t.hereof: To have and to hold the
said mortgagee the hereditament.s and premises hereby grant.ed and
conveyed. wit.h t.he appurtenances, unto the said mortgagee, its
successors and assign8, t.o the only propert.y use and behoof of
t.he said mort.gagee, it. successors and ass1gns, forever.
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