HomeMy WebLinkAbout98-02492
'pr~Jnlssory .Nate
S 80,000,00
P,om,.. ro P.y. fOR V,U.~E RJ!CE:TVED,an,;-;m.;;<lIn~ to be le~ullv
bound, Undelll~nod, as denned balow, prOmiSe! 10 pay 10: .
G'J Mellon Bank, N..-\. ("Bank")
I:J Mellon Bonk (DE) Nationul AJsaclalion I 'Bank')
or IlJ order a( _ H.rr ilbur;. Penno',l".ni.
Ihe sum o~ Eiaht'l ThouI.nd and 00/100--,.----
D~;;r;-(S------;;~OOO~OO---)~-:,~h--,~~~e~~-o~ the
oU'slandlng bolance from (no dote at IhlS Promissory NOle
('Note") atlhe rale(S) ("Conlraclunl Ralcll)") and In accordnnce
wllh the repuymenlschedul~ speculed below,
ConllloruaJ R.,.!.j; R.p.ym.nt Sah.dulu,
I:J Interesl 01 a rale per annum which 's "C
above Bank's Prime Rale, such rate 10 chan~e (rom lime 10 lime
as at Ihe elfectlve dote at each announced chan~e In lUCh Prime
Rate, shall be paid when prinCipal paymenu arc due. Prtncipal
shall be paid In __ conseCUlive monlhly ,nstallments at
S each, commencing on '
and conlinulOg lherearier an Ihe dav 01 each monlh
with .he balance of the IndebledneS!, It not sooner pa'd. due and
payable an
I:J lnterell al a rale per annum which 's %
abOVe the CD Rale, SUCh rale to change tram lime to lime as of
Ihe effective dalr. of each change in or reseuIOg o( the CD Rate,
shall be paid when prlOcipal paymen~~ arc due. PrlOclpal shull be
paid in conseculive monlhlv ,nstallmenu of
S each. commenclOg on
, and conUnuIOg Iherealter on Ihe
day of each monlh wun Ihe balance at Ihe
Indebledness, if not sooner paId. due and payable on
I:J The prlOcipal bulance hereat. logelher wilh all
accrued and unpaid inlerest, shall be palo an ,
and IntereSI at a rale per annum whiCh IS '" abO\le
Bonk's Prime ROle, such rale 10 chatlge Irom lime to ume as at
Ihe etteclive dote at each announced cnan~e ,n ,ucn Prime Ralc,
Shall be paid on Ihe day of eacn month commencing on
I:J The prltlcipal balance nereor. lO~elher wllh all
accrued and unpaid IIltereSI, shall be paid on ,
and IntereSI at a rate per annum wnlcn I! <", a~ove Ihe
CD Rale. luch rate \0 ch~nge tram IImc 10 lime as of Ihc
c(fectlve date 01 each chnnge ,n or re,uwng at Ihc CD Rate, 'hall
be pUld on Ihe day of each monln aommencln~ on
I:J In no event shall Inc rale cnargud un In" 7'lote c,~c.ed
__'1- per :mnum.
I:J The prinCipal balance nc,col. lugelncr wllh all
accrued. and unpaid Interest. Shall bl.: palU UiI '
\lnd Interest ill the rata of '(. per Jnnum 'ihall be pCl<.t
un lhlJ d~y of ~acn m:..:ntn ':;;rr:mcncmg un
eyj't'c.. ~
I ~ merest .iholl bl.: ;;~Il.:l.l1JIC:.l Jl t:1r.: r:;ltc ul
:'0. 00. r-;. per annum. PnnClcal Jnu lntl:rust sn;.jll bu oOld In
~ '7 ~ ..:onsc:.:ulI....C' :":1onthl\' ,r,stiJllmCnlS ,J!
) ~:I"1 . S" ;::Jcn, C0r.H'r,cnc:n~ on
@ .PAelldnB~H~i;i"'"
:'.~', ~,:-.-,.; ;', ,-,
Dale ' , , " '>.'<'''''''',r..',
S,~{ t ')1. ~.-:.-J. L/) , q cty
i 0 h.s;" Ie; ,- , .nd contlnuln~ Ihereaner on Ihe 25th
day ~i each mantO wllh Ine bl\l.nceAf, the indqbledness, It not
,aanar paid, due and pa>'~~le on 'f/I',/ J. ~ 10 ,During Gny
perIod Ihal Ihe Conlractual R~leIS) IS reduoed by 0,25% per
annum, .s described elsewhere In Inis Note, inSlallmenu of
pnnclp~1 .nd Interesl Shall Instend be In Ihe amaunl of
S a 4 7 . ! 0 caen, It Ihe reduction in Itle Contractual
Rate(s) 's no longer 10 elfect, Ihe amounl of Installments 01
prtnClpal ~nd Inlereslshall relum 10 and be lhe same as the amount
at such Inll~lImems pnor to Ihe redoction in the Contractual
Ratels).
UnderSigned shall pay B.nk conrll"ently with the execution and
delivery hereof, or Undersigned pre'l1ously has paid B.nk, Gn
ortglnatlon Ice of S 160.00 ,to compensate Bank
(or Its underwrtllng, ongln.tlon and .idiiiinlltrallon ot Ihe 10Gn
evidenced by Ihi.s Note. Thi.s Ice shall be deemed tully earned by
Bank on Ihe d~te hereof. Ihall nOI be relunded. and i.s in addition
10 any other lees, COStS or ellpenses which may be due and payable
hereunder, ,
UnleS! Undersigned has authorized Bank 10 I~ke paymenu OUI of
a Mellon Checkmg Account. at sel forth below, Undersigned will
mall or deliver In Bank Ihe amount blUed by Bank each monlh,
Undersigned will mail or deliver tne payments so lhal Bank
receive. all paymenls no later than the due dme snown 011 each bill.
m Undersigned authorizes Baok to rake all
paymenu at prltlClpal and/or IIllerest and/or other amounu due
under IhlS Note OUI of Undersigned's Mallon Cheeldns Accounl
Number , 1IIIed In Ihe name(s) of
, . on or
aner tne .~en day of each momn. Undersigned WIll keep a
suftlcient balance In Inu acoount 10 cover the (u1I amoonts at all
required p~ymenu. At ils option. Bank may lermlnate
UnderSigned's ability to use Ihi.s semce. Thi.s authorization shall
remain In eflecl unnl revo~ed by Undersigned In writing or unlll
tno loan e'l1denced by <nls Note is paId in lull or until !l~nk hIlS
lermlnaled Undersigned's ability to O$e lhls semce, as Ihe ca.se may
be. Prior 10 malumy, while Ihls aUlnorlzatlon is In effeCl and
prOVided (h~1 Undersl2ned keees a suificienl balance In this
accounl to cover the full amounts of all required paymenu. Ihe
Cunlractual RatelS) shall be ,educed by 0.15% per annum. Thi.s
aUlhorlZ3110n will be e!'fecIlVe even though Ihls NOle and the
accounl m~y be II\I-.d In ditlerenl versions of UnderSigned's name.
If Ine' ori~lnal prinCipal ~mounl of lnls NOle Is in excess of
S 10.000,00. or If Undersigned is a corporation, Interest Shall be
calculaled on lhe baSIS of a J60-day year and aClual days elapsed. If
Ihe onglOal prinCipal amount of Ihis NOle IS S \0,000,00. or less. and
UnderSigned IS nOt a corporation. InlereSI shall be cnlculaled on tne
~asll of a J65.day year or 366-day year, as Ihe case may be, and
aClual day" elapsed,
"Pnme Rale" shall mean Ihe Inle,eSl rate per annum announced
from lime 10 lime by Ban~ as ilS Prime Rate, The Prime Rate m~y
be greater Or less Ih.n alher ,merest raleS charged ~y Bank to
olher ~orrowers anu IS nOI solely based 01' dependenl upon Ine
'nteres~ ,ate wnlch Bank may char~e any particular borrower or
clJSS 0( burrm't'crs.
If a llllglc ccrllticalC o( oeposillS held by B~nk as collateralsecurtlY
(or lhe IOdebleuncss e'"denced bv IhlS NOle. as more fully
~.scnbed ,n the ,",-,slgnmenl or' Deposll Account ellpressly referrinK
10 IMIS Nllle. "CD Ra(e' shall mean Ihe Inleresl rate paid by Bank
on such ccrtlllca<e 01 deposlll!.h. "Ccrullc:lle '), said CD Rate 10 be
Page I ot S
Exhibit "B"
ruot by Bank 01 e~ch renewal o( the C. . I( more Ihan one
cerdnc:tle o( deposit LI held by Bank il.l collaw.1 secumy (cr lhe
Indeblednol! eVidenced bv lhls No(e, us more tulll' delcnbed in lhe
A.!Slgnmenl(S) o( Oeposli Account exprcssly r_rerrlnlllo IhlS NOle,
"CD Rale" shall mean che highest 01 lne inlerell rales paid by Bank
on such cerllnClltes 01 deposil (lhe "C'erullcaIU'), laid CD ROle 10
b. reset al eacn Nnewal o( eacn Cerdncale,
Lit. Ch,'g., I( any payment I inCluding WllnOUI iimllallon any
regularly scheduled paymenl, ilalloon paymenl or Ilnal payment) is
not paid wilhln 15 calendar days aller Ills due, l:nderslgned 1'0)11 pay
a lite charse 01 lhe srealer o( S25,OO, or lhree percenl (3'1) 01 Ihe
unpaid ponlon 01 che scheduled paymene due (resardlcss o( whelher
Ihe payment due consLlts o( plinclpal and IOlercst, principal only or
InlerUt only), Such late cbarge shall be in addidon 10 any in,,.ease
made co che Conlractu\ll Rale(J) appllcablc 10 Ine oULllandlng
balance hereof as a resull o( maturiev o( cnls Note or 0Ine"\1Se, as
well ill In addition co any other appllCllble (ees, charges and costs.
O.I,ulr R.t.(s): Po.t.M.lIJrity R.t.(.), Upon Ine occurrence 01
any Evenl of Oefaull (as denned In Ihls NOle). al Bank's oplion,
inlereslsnall accrue at a rale equal 10 two percenl (2%) per annum
above lhe Conlractual Rate(s) unllllhe earUer or lne dnee lnalsuch
Event o( Oe(aUll has bun cured or uneil and Including the dale of
malurl<y hereol.
Mer maturi<y, whelher by accelerallon or olhe(wlSe. Inlerest shall
accrue at a rale equal 10 twO percene (2%) per annum abave lhe
Contractual Rate(s) undl allsum.s due hereunder are paid, Intemt
shall condnue to accrue aller lhe enlry 01 Judgmene (by confession or
olherwlse) at (he Conlractual Rate(s) until all sums due hereunder
and/or under lhe judgment are paid. excepI Ihal ai'ler malun<y or, at
Bank's option, upon lhe OCcurrence o( anv Evene or Oelaull, IneereSt
shall accrue al a rate equal 10 lWO percenl (2%) per annum above
lhe Contractual Rate(s),
SOOH' and R.eo,d.: nm. ol..uno., So long as Bank LI lhe
holder bereof, Bank's booles and records shall be presumed, except
in the ClUe 01 manifesl error. to accuraleiv cVidence at all times all
amO'Jnts outstanding under lhLl NOle anci Ihe dale and amount o(
each advance and paymenl made pursuanl hereto.
The prompl and lalchful perlonnance 01 all oi Undersigned's
obUganons nereunder. inciudlng wuhoul Unmanon lime oi paymenl.
is of Ihe essence o( lhLl NOle.
S,ourity Inw..t. S.toll.nd A..ignm.nrs, To ,ecure all amounu
al any lime owing or payable under Ih.. NOle and Undel1lgned"
obligallons hereunder, as well as 10 secure all callS and expenses
incurred by Bank in the COllection or enlorcemeOl 01 InlS NOle or Ihe
prolectlon 01 any collalerai secllnng tnlS NOle (InCiudlng IV1lhoUl
IImllanO" all adVances made bv Bank Cor Ia.~es. leVies. Insurance.
fiUrlS lees. and repairs 10 or malnlenanCe at Said collaleral).
Underslsned hereby grants 10 Bank a ,ecu,,<y 100ere't In. lien upon.
and "ghl 01 selof( against, all deposu accounlS, credits. securities,
moneys, or other property o( Undersigned whlCn may al any lime be
in lhe possession 0/, delivered 10. or owed by Bank, InCluding any
proceeds or returned or unearned premium, or In,urance, and lhc
proceeds ot all Ine ioregolng properl~', Olhcr pruperlY, ",ai or
personal. may secure thiS Nate. as set (orth In (Jtnl:r rJocumenu and
agreemeOls.
Undersigned aclutowledges and agre., Ihal L'nde/Slgnca shall
renew. or couse tl) be rr:ncwed. (hu ClJrtltic:1tr.rs). II an\', untll the
Indebleanm c','ldenced by tnlS NOIc has ~ccn paid ,n Cull.
L'ndcrslgncd :'unncr Jgrec5 thiH L'ntJc:nl~mltl Will ':.,(I.:::U!C, ur Will
..;:1u.se to be e:<ecute'd. upon dcm:lnl.1 hy Hank JnYllnanclO!
:\t:ltCmcnIS cr other documents. InclutJlO\.!. withOut :lmUl1Uan,
aodltlOnlll Assl~nmenu or' Deposit AccQunt. ~\','IC~ BanI( m:y deem
ncccssal;l or j~Slr:lblc 10 IJvldcncc. perree! ar m.:UntJUl pcr:cctlon of
tnn securltv mterests crected In thlJ C~rtltlc::ltIJ!:ll :,JniJ an\' renewals.
:eplaCCITlCnts iH1d substuut\On5 (h~r:ol. .
Addltionat Tori, , Conditions
I. Cov.n.nrt, UnderSigned covenams and agrees lhnl until all
Indoblerlncss e\'ldenced hereby lias been paid In lull, Under~igned
Shall: (a) mnlnlaln al all times a positive langlble net we:ln; (b) (I)
have all EnVlronmenlai Permus nccessary (or lhe conduct o( each
o( Underllgned', buslnes,es and operallons, (2) conduct each or
Underslgnea's bUSinesses and opera lions In malerial compliancc
Wllh all applicable EnY1rOnmenlal Laws and Envlronmenlal
Pcrmlls. (3) nOl pcrmll to eXISt any cvenl or condition lnal requires
or IS likely 10 require Undersigned under any EnVironmemal law
10 payor expend lunds by way of nnes, JudSmnnu. damases,
Cleanup, remedlallon or lhe i1ke in an aggregale amoum, ln~
payment o( which could reasonailly be expeCted 10 inlerfere
subSlan(ially wllh normal Ope1'1l1!OnS 01 Undal1lgned or malorlally
adversely al(ect lne nnanclal condillon 01 Undersigned, (~) nollfy
!lank promptiy upon bccomins aware o( any pending or lhrealened
proceeding, suH, invesllgation, aile gallon or inquiry regarding any
alleged evem or condition lhal, If resolved unfavorably 10
Undersigned or any 01 Undorslgned's subsidiaries or afftllates, i,
likeiy 10 cause Undersigned or any o( ils subsidiaries or affillales
under any Envlronmenlal Law to pny or expend funds by way oi
I1nes, JudgmenlS, damages, cleaning, remediation or lhe like, and
(5) proVide at Undersigned's COSI, upon request by Bank,
certlllcations, documemallon, copies o( pleadings and olher
Inlonnallon regarding Che above, ail In (arm and conlenl
satlSlaclory 10 Bank: (c) conduct each 01 Undel1lgned's ilusltlesses
and opera lions In material compliJJnce 1V11h all Cederol. Slale or local
laws, statutes, regulallons. rules. ordinances, court or adminLllrallve
orders or do crees, or pnvale agree men IS or inlerprelations. now or
hereai'ler In exislence, directly or indirectly relating to or a(fectlng
Undersigned" businesses or operations: (d) use Ihe proceeds o( lhe
loan eVidenced hereby only lor business purpose(s) specllled 10
Bank at or prior to the execullon hereof: (e) promplly notify Bank
in writing 01 any change in Undersigned's residence or Chiel
E..ecullve Office: (I) purchase and malnlaln pollcics of insurance
(Including Ilood insurance) 10 protect agalnsl such rilles and
casuaities, and In ,uch amounlS, as shail ile required by Bank
and/or applicable iaw, which policies shall (1) be in (arm and
subslance satLllaclol'l to Bank. (2) at Bank's option. designate
Bank as loss payee .;nd/or ..< additional insured, and/or comain a
lender', loss payable endorsemem. and (3) be (or certlllcalcs
eYldenclng same shail be) deposlled \VIlh Bank; (g) (1) maimaln
ana keep proper records and booles 01 aceounl in conlonnance wiln
generally acceplea accouming prtnciples applied on a consLllem
baSIS In whlcn full. lrue and correct emnes snail be made 01 all
Undersigned" dealings and buslne., al(airs, (2) prOVide 10 Bank 3t
Underslgnec\'s cost. upon Bank', rcquesl, IlllaoClai or olher
Inlormallon. documentation or CertlnCllllons (Including wilhoUI
Iimilation annual and periodic balance sheets and income
51alemems, personal finanCial stalemems, lederal income ,la.~
relurns. Invemory reports (including a descrlpllon 01 raw malerlal"
I1nished goods. and lhe aglOg lnereol. as appllCllble), and accoums
receivable and payable aglOg reports), all In form and conlenl,
,alL<laclory to Bank. and (3) permit. upon request by Bank. any 01
the alficers. empioyee. or representallves o( Bank 10 vlsll and
InSpeCI any 01 Underslgnea's properties and 10C<ltlons and III
oxamlne liS boollS and r~cords ana discuss Ihe alfairs. finanees and
accoums or UnderSigned wHh represenlallves thereol. as otten as
Bank ma'! reques(; (h) proYldc oddlllonal coilaleral al sucn tlmcs
3nd nav,,;,! such value as Bank may requesl. if Bank snail hal'e
rC~1Sonabla lIrounds for belicvln~ that the value of the collatural
sl:curtng th~ Indebtedness eVidenced by thiS Nate hOJ bccomu
Insutllclem 10 securc smd inaebledneas: (I) pay, upon demand ~Y
Bank, II) all com and rees pertaining 10 Ihe Ollng 01 any nnanclnY,
continuatIon or termination SC3(CmemS. mortgages. suuslac:uon
pieces, juugmenls and any otner Iype 01 document whleh Ban~
ueems necessa'" or deSirable to be 11100 \\un regard 10 secum.
lrHl:rest5 which' SlJcure the Indebtedness eVldenc=d hereby.
rog:lroloss or' whctncr,uch 5CCUrlt)' incerelstJ werf! grantCld by
VnderSlgned. ana I ~1 all cas IS and expenses Incurred by Bank In
P3ge 201;
cunnactlOn wllh any collatetalsecurln" .,.. NOle (InCluding lIithout
Iimn~lIon all advances made bv Bar, a.'es. leVie" Inlurance,
repairs 10 or mOlntenanco 01 laid collateral, appraISal or valuation
01 laid collatoral, and delOrmlnallon 01 llood h\lzard), "lardlol.l 01
whelher sudh cOllateral IS owr.ed by Ulldorlllneo: an'tlJl pay, upon
demand bl' Bonk. all amOUnlllnCurred bv Bank In connecllon WIth
any aCllon' or proceeding laken or commenced by Bonk 10 onloroe
"r collect IhlS Note, Including allorney" I,el 'guallo Ih= 10Mer 01
(I) 20% ollhe oUIStondlng pnnclpal balance anO Intetelllhon due
hereunder or SSOO,OO, wnlchever IS great,r, or (2) Ih. ma.'dmum
amounl permitted by luw, plus attorney'1 com ano jll '0111 01 legal
proceedlngl.
2, E'lfnts 01 O.loull. The occurrence o( any or Ihe 101l01l1nglhall
constllute on "Event 01 Delaull" hereunder: PI Oe(aultln payment
or performance 01 any o( Ihe InOebteOnel.l or oblilallons ",Oenced
by this Note or any other '"1donce o( liability or Undorslgned to
Bank: (b) the breach by any Obligor (derlned QlI Undorlllntd ond
eDch surety or guaranlOr 01 any o( Underllgnod',IIiObllltleslo Bank
as well il.l any person or enllty granting B.nk a socumy Inlorm In
proporll' 10 secure any indeblednel.l) o( any covenant cOnJalned In
Ihl> Note or in allY leporalc lecurlll', guaronlee or surelyshlp
agreement between Bonk and any Obllgo', Ihe occurrence o( any
de(oult hereunder or under the lernlS 01 any ,ucn agreement. or
the dlscovety by Bank o( any (olse or mISleading represcnJation
made by any Obligor herem or many sucn agreement or In any
other informollon SUbmllted 10 Bank bl' any Obligor: (C) With
respect to any Obligor: ( I) death or IIlcapaclCY o( any IIldlvldual or
general parmer. or (Z) dll.lolUllon 01 any partnership or
corporallon; (d) any il.l.llgnmem (or the benent 01 credilors by any
Obligor; (C) ilUolvency o( any Obligor: ',1) the tiling or
cornmencement of any petlt:on. aCllon. case or proceeding,
volunta~! or involunlary, under any state or federal law regarding
bankruptcy, Insolvency, reorganlZDtion. rece",e"hlp or dissolution.
including Ihe Bonkruptc'! Re(orm ACt o( 1978, J$ amend.d, by or
against any Obligor: (g) default under llle lerms of any lease of or
mortgage on the premISes where real or personal properr; securing
the Indebtedness e"denced by IhlS NOle IS located: (h) the
gaml.lhment, IllX os.sel.lment, allacnment or laking by
governmental authority or other credilor of any pro perry o( any
Obligor which Is in Bank', pOl.lcssion or which constltUles securiry
for any indebledness evidenced hereby: (i) emry of Judgment
against any Obligor m any court of recoro: u) Ine aSleSlment
agomst any Obligor by Ihe Imernal Revenue 5.1'\1Ce or any other
(ederal. Slate' or local lo:ong aUlnomy of unpaid Ia.m, or the
issuance oi a levy or the entering or J IIt:n In connection iherewuh:
(k) change In control of or Irans(er of any InlCrell III any Obligor
(other than on Obligor who 1.1 an IIldIVlduol): (I) a Oelermmallon by
Bonk, which delermlllJlIOn shall be conClUSIve I( made In good
(alth. that a motertal adverse change haJ Occurred III lhe Onanclol
or bUSlnel.l conditloo of any Obligor. (m I Ihe maturity or any Ii(e
IIlsuronce policy helO a, collateral (or Ine InOeblCOnel.l ,,,d.nceo
bv thiS Note bv re:>.son o( the death o( the Insureo or Ollle:",se: or
In) de(oull by 'Undersigned III lno payment "I anI' Indeblednel.l o(
L'ndersigned or Ir the performance or anI' 01 UnderSigned's
obllgallons lother 'han IIldebleOness Or obllgallon' e'"denced by
thiS Note or <loy mher cV1dence of liability 01 L:ndtH~lgned to Bank)
Jnd Such der'ault shaJl ~ontlnUU (or mon: :han ;ln~' :lppllCJblc ~rncc
pe"oO.
.1. ACC8IlftJrlOf1: RetnfJ%!. L':::lOn the o~:'Jm:nct: <..It J"\' E~'ent of
Durault: (;l) JIl t1mOunt5 due' unocr thiS ~OIC, :nclu(.llns'll1C unpl:ud
~QlancQ uf ;mnclcal JntJ :ntcrc51 l'lL.lrCOf. :-lhJll t'c'.:~:mc :rr,:i1cdlntr.IV
Out: .Jna fl~yaolc' Jt (he uptlon 01 rlank.. \~llnuu\ Jny c'::TlOlnd o'r
nouc: whauou','er: an:.! (~l BJnk may Irr,meUI~H~!',' ,1r.C without
Jum.:md iJ~:~::SC Jnv _lr' Its rlgnts JnU ri.;~i.;:jli.;!l ~rJnttJ:J herein.
unuer JppIlC:Wlt: I,J\\,', ~r wnlcn a :T1~V .It:'H:r,\lsc :'\:...;:, JjOlnSt
L'nderslgr:c~ or (}inCr\\ISC, ;.lIHWlI:1SiJnCln'.; Jr.:.. pr,WISii..Jn 10 tne
::mlr:H'\' .:;unt;unlJ(j ttt.:rcln. :Jt.on II',\.! \:(;;;:.u~:.!~~:,: .'! In c:O,'cnt or'
DC:!:1ult JS ;j~5c:'lbed In :i..:cuon ~i n hlJrl.:t:t. :.lll Jrr:~~ur.IS oJ!,;;: 'Jnocr
IhlS :'oIOle. Inclu~;" .)thoutllmIlOllon Ihe unpaid balanc~ at prtnmpH,
and Interc't ~, shall become Immediately due and payable
Without any Oemand, nOllee or turlhor action by Bunk whAtsoevor
and an action ;Mr.(or snalllmmeQIOtely accrue.
., Sanl,'. Righi., Undersigned hcrcby oUlhorizes Bonk, and Bal1~
Iholl hove the continuing right, 01 ItS 'Ole opllon and Oi,crOllon, to: (J
do an~1hlns which UnderSigned IS reguireu but fails to do, and In
pnrllculnr Bank may. I( Underslgneo Inil, 10 do 10, oblain and pay anI
premiums poyoole on any pall,,!, o( InsurOI,.e required 10 be oblalne~
or mOIOlOlned heremdel: (b) dire.t any Insurer 10 make puymenl 01
any insurance proceeds. including any relurned or uneorne"
premiums, dlrCCtly 10 BonK, and apply such moneys \0 any
indebtedness or other Jmount eVIdenced hereby in luch order or
(ashlon os Bonk may ejecI: (C) pay (he proceeds o(lhc loan ovidenceo
by IhlS NOle 10 any or all o( Ihe UnderSigned Individually or Joinely, ur
10 such other plllsonls) as any 01 the Undersigned mol' dlrecl, c~cepl
10 the extent otherwtse prOVIded In S~ctlon 6 hereof; and (d) add any
am~unts paid or incurred by Bank uuder Section 1(1). Section IUl or
Seclion .I(a) to Ihe principal amount o( Ihe indebledness evidenccd
by thIS NOIe.
5, Autllorizarion 10 /larrow, UnderSigned hereby represents, WOmllllS,
certifies oud covenonu as follows:
(a) If Underllgned is a corporation. thatlhe penon(s) signing below
hOld(s) the office!.s) indicated below (and continue to hold sucn
Qfflce(,) umil Bonk hil.l rece",ed notice 10 Ihe contt'1lry in wriling
from Undersigned), and Ihat the Board o( Directors at Undersigned
has adopted resolutions providing Ihat: (I) the penon(s) e~ecullng
and delivenng 'his NOle on behulf o( Undersigned I.I/arc authorized
(i) 10 mcur IrIdeblednel.l and obllga(lons on behalf of Undersigned by
bOtTowlng or making olher nnanclol arrongemenu With Bank /rom
time to lime, upon terms and conditions il.l they In their sole
dl,cretlon deem desirable, (II) 10 make, e~ecute and deliver
promissory notes, Ie Iter o( o,'cdit agree menu, security agreements.
os.slgnmenu, mortgages and all olher documents required by Bank In
counection With Ihe incurrtng Qf indebledness or obligations. and (ill)
10 lWtgn and pledge as collateral security (or any such Indebtedne..
or Obligations, now or hereDner emting, any reDI or penonot
property 01 Undersigned: (2) the actions o( anyone or more offlcers
of Undersigned In borrOWIng money from Bonk heretofore (or 1M
account o( Undenigned. in wlgOlng or pledging any of
UnderSigned's property (or tne payment Ihereof, or In dOing any
olher oct In connection Inerewlth a<o hereby ralifted. confirmed and
approved: and (3) ,aid resoiutlon' sholl hove Ihe (orce of a coneinuing
ngreement Wllh Bonk. and sholl be bmdlog upon Undersign,ed unell a
resolution amending Ihem sball hove been duly and legally adopted
and Bonk (urOlshed a certifted copy (nereol.
(b) If UnderSigned is a partnership. Ihat (1) Undersigned's namc
snown below Is a trade lIame of UndersIgned's ftrm used in lhe
conduct of on unlOcorporJlCd bu'mel.l owned emirely by
Undersigned as ,o,purtnm: IZ) the pormers execunng and delivellnS
InlS NOle are authorIZed (I) 10 IOcur IOdebtedness alld obllgollons on
behal( o( Undersigned by borro\\1ng (rom or maklng otner nnanclng
or credit occommodalions wltn Bank from lime 10 lime, upon sucn
I.rms and condlllon, as Ihe'l m In." ,ole discretion deom deSlrublc,
(n) 10 make, .~eCUle, and deliver promissory notes, leller o( credit
a~rccments, security agr:emcms, a.'iSlgnmems. martSDgcs and aU
"'ner OocumenlS rcgUlleO by Bonk In conneCllon With 'he IOcurrlng
o( indebtcOness or oollgatlcns, JnO (Jii) 10 assign and plodge as
\.:ollatcr,lI .':iCt:urnv t'or an\' sue;, Indebtedness or obligotlons. now or
hcrcoller eXlSling. any r.;1 or pe'sonal property o( UnderSigned: (J)
Ino Jctlcns of :lny on~ or more j:::lrtncrs ot' Undcr:Jlgnec1 :n borrowmg
money fwm Bank hu:,uto(ore :'cr the ac:ount Qt Undersigned. In
J:;Slgnlng 8r oleeilllS any 01 L'nOcr5lgned's property for tne poymcnt
tl"'.erecr. or In COin\! :tn\' OtMer Jet In connection tnerc'Mth JrCl herctw
;JtllietJ, ~:mnrmevr.l,' :.}nU Jccrc\'ud: f,':') not\vuhstano,ing :in~'
mmJllic.:Hlon or tL::'mlOauon ot' :'h'e puwer at' any at' the partners to
Page J of 5
power at any o( Ihe partncrs 10 rcprc, Orm, Whelher by
e:q:lIralion of Ihc partner~hlp a~reernenl. by "ealh or retlremenl
of any parmer, or Ihe a.ce1loSlon alone or more new parlners, or
olhelWlse, and nOlwillulandlng any mhor no lice Ihereol Bank
may receive, lhls aUlhomy sMII conllnue 10 ce clodlng upon each
01 Ihe Underslgne" Individually and upon Ihe" legal
represenlallves, and upon Undersigned and liS successors, until
Bank has received no lice In wflllng to the cammy signed by one
01 the Undc"lgned or by Undersigned's duly authortzed agenl
(Receipt of such nOIlCe will nOl relieve any partner of any liability
arlslng (rom obllgallons incurred prior IU Bank's recOlpl 01 such
noll.e.), and (') nOlhlng horelll Shall be conmue" 10 limit Ihe
rlghls granlecl to a parmer by law or by Ihe partnership
agreement, but all right.! granlecl herelll Shall be In acldlllon 10
such rtghts.
6. a.llnlnon.: MI.o.li.n.ou. Prevl.len.. (a) Unclerslgne" waives
(neept where requostecl hereby) nOllce of ac:lon laken by Bank;
ancl hereby ral1tlu ancl confirms whatever Bank may clo. Bank
shall be enlillecl 10 exerCIse any right nOlwllhslanding any prtor
exerc~e, failure 10 exereue or delay In e..rclSlng anv SUCh rtght.
(h) Bank shall relaln Ihe lien 01 arty judgmenl elllerecl on accounl
of Ihe 'ndebleclness eVlclenced hereby, Underslgnecl warT1lnu that
Unclerslanecl has no clefense whatsoever 10 any aCllon or
proceecllng Ihat may be brought 10 enforce or realize on any such
judgment. (c) It any prCMslon hereol shall ror any rea.on be helcl
invalid or unenlorceable. no other prOVLSlon shall be affe~tecl
Ihereby, and thu NOle shall be conslruecl a. If Ille invalid or
unenforceable provision had never been a part 01 II. The
tleaeripllve heacllngs 01 IhlS NOle are (or convelllence only ancl
Shall aot In any way a(!ect Ihe mealllag or conslruclloa of any
provision hereof. (d) The right.! and pnvileges of Baak cOOlalaecl
in tbls NOle shall Inure 10 Ihe tlenefil of lu successors ancl assigll5,
aacl Ihe duties of Undmlgnecl shall bind all heirs, per:lonal
represenlatives. successors ancl assigll5. (C) This NOle shall In all
r~pecu be governed by Ihe laws of Ihe slale In whlcfllhlS NOle IS
payable (except 10 the extent Ihat (ederal law govenu). (f)
Uadersl8lled hereby irrevocably appolllu Bank and each holcler
hetllOl as Undersigned's auorney-lIl-iact 10 endorse
Underslgnecl's name to any draft or chec~ which may be payable
to Under:lIgned III order 10 collec( the proceeds of Jny IIlsurance
or any returned or uneamecl premiums 10 respect of any policies
oi ill5urance requlfecllo be mallltalncd hereunder, llnclerslgnecl
hereby aCMowleclges Ihat (hu appOintment of Bank Jnd each
holder hereol as attorney-Ill-fact IS I"",o""ble ancl IS coupled
WIth an interest. (g) Uncler:llgned as.sl~ns 10 Barl~ all money~
which may become payable on any policy of insurance reqUlteclto
be malalallled uader (hu Note. IIlclucling any returnecl or
unearned premiums. (h) "EnwonmentJI l..1w" means any
lecleral, State or local enwonmenlallaw. lIaIUI.. re~ulauon. rule,
orcllnance. coun or aclmlllistrallve order or decree, or prMIte
agreement or Interpretauon, now or nereMter in eXlSlence.
relallng 10 the manufacture, dlslMbui.lon. laoelmg. use. handlln~,
collecllon, slorage, trealment, disposal or Olhcrwl.e of Hazardous
Substances, or III lIny way relallng 10 polluuon or proleCtlOn of
Ihe enVlronmem or pUblic health. (I) "Enwonmelllal Permu"
meon, ony (ede Ie or local permil, IIcell5e or
aUlhorlzollon issued under or In conneotion wtlh lay
Environmenlal low, (j) "Hazardous Substances" means
pelroleulll ond petroleum product.!, radioactive materials.
lUbestos, radon, leod comainlng maleria~, sewage or Iny
mote rials or .ubslaucos dennecllU or InclLlcleclln the detlnlllon
of "hazardoul wlUles:' "hazardous subs lances," "hll%lrdous
materlal.I." "lOlllC submncea." "hazardous air pOIlUtanLS," "tOJdc
pollulonls." "pollullon:' or lerms 01 9Imllar meaaing, as lhose
terms are used In any Environmenlallaw. (k) "Chief Executive
omce" means the place (rom which th~ main pan of Ihe
business operallon' of an enmy Is managed. (I) "Underslaned"
relers Individually and collecllvely 10 all makers of IhlS NOle,
including, In Ihe ClI.\e of any partnership. all general partners of
such partnership inclivldually and collectively, whether or ~Ot
such partners sign below. Underslgnecl shall each be JolaUy and
severally bound by Ihe terms hereof, and, wilh respect to any
partnership ..,ecutlng th~ Note, each general panner shall be
bound hereby bolh in luch general partner's IndMdoal and
pannershlp capacilles.
7. O/rectlon 10 PlY Proc..d..Underslgned hereby autllorlzes aad
direct.! Bank 10 pay lho proceeds of IhlS Note by:
o crecllllng Account Number
___ In lne name 01
In the amount of S '. ~
-roi~ 1... C.~ Ail.A ~~ I.I.LC\'( ~ '
'?payrng a,,~, ill Ill, ~"'1 /oI1U\ .10 /Yl,'UIII. (I Y /oL
Iheamoumofs.10,OOO.00
.
Dpayrng
Ihe amounl of S
8. AHfd..1r 01 Susln."l.oen. (ThIS Altldavit IS not applicable If
Undersigned is a corporation.) lJnderslanecl. belna dilly
authorized. depose(s) and soY(S) uncler penalty of perjury Ihal
Undersigned:
(a) Is/Ate engaged In busllless lU&! Owner(.), CJ Ceneral
Panner(s) 01: (name and naturc of busllless)
Cov' 9 Gar"ae
Automobile ReoAir Servioe
(b) Hereby make(s) application 10 Bank for a loaa, Ihe
proceeds of Which Will be ulllized for Ihe purp~e(s) of
Purohase oommeroial real estate Ana
business aSsets.
(c) E.'erclse(S) actuol comrol over Ihe managenal deCisions of
Ine business.
(Remulnder of page Intentlonully left blank)
Page 4 of 5
." ,....,.....,..:.:, '0(" ,. i ,.:
, P,nr..y{vanl_ . C~mmerd_rProp.rty
TIll. Mortll_lIe III made this Ji!!: day of ~JJi.f.... ,
UL~,byandrrom ""''"''1 I ""~"\:<,I, '., ", l}'~
,..,~v ,'~~fl .\ ."'~~:" \l
,\"'t"'O!:\ ..11.'-:f.I: ,.
---
,:,..,..
I",
.,' ,
~" \'
(hereinafter called 'Mortgagor') to Mellon Bank \', \,
(hereinafter called 'Mortgagee'). As used herein. the term
'Mortga~or' refers Individually and collectively to all Mort.
lIallors, and all such persons shall be jointly and severally
bound by the terms hereof.
....'...' ...... "." .... ....
r 1'." \', \\r....~ \. \1; ..'.~ . :'
(hereinafter called. Individually and collectively. 'Bor-
rower'), (Ill) (are) Indebted to ~lortgagee in the principal
q~-:!,-.\,..,.....,.."~.:.,,..I '~_-: ~'.' ;..\..................
.. .. ... .. .. .. .. ... .. ... .. .. .. .. .. .. .. .. .. .. ~ .. .. .. .. .. . . . .. . ., . . . ..
Dollars
.", '\",~..\'~
($ ) evidenced by either a
note or letter of credit application (the 'Note') dated
.s~ (v\.b't 1Z- \ \. 4.
.!9~_;
To Secure the payment of all sums due or which may
become due under said Note and all other obligations, debts,
dues, Instruments, lIabilltles, advances, judgments. damages,
losses, claims. contracts and chases In action. of whatever
nature and however arising, owed to Mortgagee from any
Borrower or Mortgagor. past, present or future, direct or
indirect, absolute or contingent. vnluntary or Involuntary.
nnw due or to become due. and any and all extensions or
renewals thereof in whole or In part, whether nwed by any
Anrrower or Mortgai(or as drawer. maker, endoner, asslg-
nor.guarantor, surety, or otherwise what.<oever, excepting
th'lse Obligations (other than the ObllgnLinM evidenced by
the Note) subject to the disclosure requirements of F'ederal
Reserve Bnard Regulation Z, I~ C.F'.R. ~226,1 et seq" (all of
~uch nhllllar.inns secured hereby, hereinafter called the
'Obllllation(s)"), as well as to serure MortgallOl"s perfor.
mance under thiS Mortllalle, Mnrtllallor by the"e preseots.
intendlnll to be lellally bound, does Ilrant, hargain, ~ell and
('nnvey unto Mortllagee. Its "lIccessor" and assi,l(ns, all those
('l'I'tain tracu of land situated in
~", :
",''''''''''''
:"....,:. .
I 'ounly, I'ellnsylvaola and mllre particularly d,'s('rlbed In
~:Khihlt 'A', attached her,.to ann Made a part hereof:
Tllllether With .-\.11 AlId Slngalar. the huil,llll~s and
imprm,'t'mt'ntli, Slrp.l;'tli. lanes, alll'Y:-;, J.HL"iSU"Ws, way~, WULl'rs,
\IIllLt!rt'nurses. riuhts, Iiht"rtlt..'s, pl'lvil~gt.s, hl'rcuitamt"nls and
r: .. '"' ,.... ....
: f~ ~
appurtenances whatsoever thereunto belonging, or In any
way appertaining, and the reversions and remlllnders, renLl,
IlIsues and pronts th~reof;
To H_ve And To Hold same unto the said Mortgagee. Its
successors or IL'lslgns, FOl'llver.
Provided However, that if the Obligation is paid In full and
it Borrower dellvel's -,0 Mortgagee a written notlncatlon of
its Intention not to borrow additional sums from Mortllagee
and thereby relelllles Mortgagee from Its obligation, it any, to
make advances to Borrower, then the estate hereby granted
shall be dlllcharged.
Mortll_llor represents, warrants, covenants and agrees that:
FIrst: .-\.11 furniture and furnishings of every kind and de-
scription and all appliances, apparatus and equipment now
or hereaCter In any hulldlng or Improvements now or here-
after standing on the premises lie rein above Ilranted (and all
"ubstltutlons therefor or addltloos thereto) are considered
to be necessary, Indispensable and especially adapted and
appropriate to the use and operation of said premises and
constitute an Integral part of said real estate; and all of the
same are herehy ~onveyed, asslgMd and pledged. and shalt
be deemed and treated for all purposes of this Instrument
as real estate and not as personal property, Thill Mortgage is
also a security agreement under the Pennsylvania Vnitorm
Commercial Code by virtue of which Mortgagor doe" hereby
grant to Mortgagee a security Interest In all personal prop-
erty now owned and hereinafter acquired, Including furnlllh.
Ings, accessories, machinery and equipmeot (and alt substi.
tutions therefor or additions thereto), not comprehended hy
the Pennsylvania Industrial Plant Doctrine, plus alt attach-
ments and accessories thereto, and the proceeds (cn.,h and
non-cash) of the foregoing, (AJlltems of property granted
under this paragraph First, together with the real estate,
the buildings and improvements thereon and the rights and
interests granted in the Granth\g Clauses hereinabove set
forth. are hereinafter referred to as the 'Mortgaged
Property'. )
Second: Mortgagor will keep and perform all of the coven.
ants and agreements con tallied herein.
Third: Without prior written cnnsent of Mortgagee, which
cnnsent may be withheld for any rea.~on, Mortgagor ~halt
nnt transfer or change legal or equitable title. ownership or
control of all or part of the Mortgaged Property by sale,
lease, stock transfer. traosfer of partner"hip 5hal'e. opern'
tion of law or In any other manner, whether voluntarily ur
Invnluntarily, It is further understood and agreed that, if
Mortllallee consents to any such transfer. Mortgaltee may
impose il.~ a condition of ~uch consenl. any condition which
~Iort~agee. in Its ,<ole .Iudllmeot, deem~ appropriate,
~'ourth: ~fllrtllag<'r warrant.' (,hat It owns fee simple title tel
the ~f"rrllall.dl''''p~rty free and clear of allllen~, claims
"od en('umhrance. ~Kcept a., nLh,'rwi~e permitted hy M..rt,
~llge~ in writing, aod that II, ha.< full rl~ht and authority tll
,gl'l1nt r,hls Mllrtgalle and to pel'form It. nhli~atl"M
h~r,'und~r, Mortllagor cllvenant. that the ~lortgaged Prnp.
..nv "hall cllntlnue III be held free and clear IIf allllen~.
l'iaims llnd rn(,\lmhranc~s eKcepr 11.< IIlhrnvlse .xpre"~ly
perm IlIed hy Mon~agee in wl'ltinll,
Fifth: ~lortMaMor will pay wtwn dLl~ all tuxe:;. a.,'iSc:lsmt'nt."l,
t"~ ... . 'J"
:\i~ " ..'. '. 1.1, ,)
........ ....
Exhibit "e"
levtes and other ('harses on or asalMtthe Mortsalled Prop-
~rty which may attain priority over the lien ot thi.'l Morta..e.
tf Mortgallor falla to do ~o, Mortgagee at 1l!J sole option may
eltctto pay such tues, usessmenU. levtes or other ch.......
Shethl Mortaagor shall keep the Mortg"ged Property In ,ood
repair, eKceptlngonly reasonable wear and tear, Mort'lIllor
will permit Mortgagee's authorized representatlv.. to enter
upon the Mortlaled Property at any reasonable time for the
purpllSe of Inspolctlnl the condition of the Mortgaged Prop.
erty. Without the prlol' written consent of Mortgagee, Mort.
gaaor will not permit removal or demolition of Improve.
ments now or hereafter erected on the Mortgaged Property,
nor will Mortg.gor permit waste of the Mortgaged Property
or alteration of Improvements now or hereafter erected on
the Mortgaged Property Which would adversely alTectlt.t
market value as determined by Mortg3gee.
evenlh. Mortgagor shall keep the Mortgaged Prop<!rty
in~ured against loss by llre, all other hazards contemplated
y th~ term 'extended coverage', and such other rlsk.s and
azard1 as Mortgagee shall require, In such amount.t as
ortllagee shall require. but never less than the amount
equlred to pay the Obligations steured hereby, Mortgagor
III purchase nood Insurance as and to the extent required
y the Mortgagee, The Insurer or Insurers wtll be chosen by
ortgagor, subject to approval by Mortgagee; and approval
hall not be unreasonably withheld. All Insurance policies
hall contain loss payable clauses In favor of Mortgagee and
h.lI be cancelable by the Insurer only after prior written
otlce by the insurer to Mortgagee. Mortgagor shall deliver
rltten evidence of all such Insurance to Mortgagee,
f Mortgagor falls to obtain and keep In force any required
surance or fails to pay the premiums on such insuI'ance,
ortgallee at It.t sole option may elect to do so, In the event
f loss, Mortgagor shall g,tve prompt notice t.o the insurer
nd Mortgagee, Mortgagee at Its option may elect to make
roof of loss If Mortgagor does not do so promptly. and to
ke any action It deems necessary to preserve Mortgagor's
I' Mortgagee's rights under any Insurance policy,
surance proceeds shall be applied to restoration or repaIr
f the Mortgaged Property or to reduction of the Obligation,
Mortllagee may determine in Its sole discretion.
I'hth: Mortgagor hereby agrees to repay to Mortgagee on
mand all sums which Mortgagee has elected to pay under
ragraphs ~'1tth and/or Seventh, with Interest thereon at
perannumrate equal to the Contractual Rate(s) (as that
I'm IS dcnned in the Note), If any; and all SUlllS so paId,
Arther wltb interest thereon, until repaid to MOI.tgagee.
all be part of the Obligations and be secured hereby.
nth, Mcmgagor hereby assigns to Mortgagee-all proceeds
any award In connection with any condemnation or other
Ing of the Mortgaged Prnperty or any part thereof. or
yment for conveyance in lieu of condemnation.
nthl If the MMtgaged Property or any portion thereof
slsts of a unit In a condominium or a planned unit
elopment, MortRagor shall perform all of Mortgagor's
ligations under the declaration or covenants creating or
ernlng the condominium or planned unit development,
by,laws. rules and regulations of the condominiums or
nned unit development, and related documents. If a
dominium or planned unit development rider is exe.
cllled by Mortgagor .nd re<;orded with thill Mort,alle, the
covenant.t and agreements of such rider shall be Incorpor.
ated h"rein a.1lf the rider were a part hereof,
Eleventh: In order to further secure Mort,agee In the event
of d"fault In the payment of the Obligations secured hereby,
or In the performance by Mortgagor of any of the covenants,
conditions or agreement.t contalned herein, Mortgagor her.
eby uulgns and transfers to Mortgagee, It.t succelllors and
usigns, ;any and all leues on the Mortgaged Property or any
part thereof, now exi.'ltln, or which may hereafter be m.de
at any time, together with any and all rent.t, i.'Isues .nd prof.
11.1 arising from the Mortgaged Property under said leues or
otherwise, Without obligation of Mortllagee to perform or
discharge any obligation, duty or Iiabltlty under such leues,
but with full authorm.tlon to coliect all rent.t under the
leases or otherwise and to take possession of ..nd rent the
Mortgaged Property. Mort,agor covenant.t not to accept the
payment of any rent paid more than ninety (90) days In
advance,
Twelfth: In the event that (a) Borrower and/or Mortgagor
fails to pay any Obligation or any portion thereof when due;
or (b) Mortgagor breaches any warranty, covenant or
agreement contained herein; or (c) any representation or
warranty contained herein or otherwise made by any Mort.
gagor or Borrower In connection with thi.'l Mortgage or any
of the Obligation proves to be false or misleading; or
(d) there occurs an event of default under ;any agreement
evidencing. securing or otherwise executed and delivered by
any Borrower and/or Mortgagor In connection With the
Obligation or any portion thereof; or (e) there occurs an
event of default for non. payment under the terms of any
other mOrT,gage or other Instrument creating. a lien on the
Mortgaged Property (whether or not such Uen Is In favor of
Mortgagee); or (f) a holder of any lien encumbering the
Mortgaged Property or any portion thereof (whether such
lien Is Junior or superior to the lien of this Mortgage) com-
mences a foreclosure or any other proceeding to execute on
such lien: or (g) any Borrower or Mortgagor makes an
assignment for the benetlt of Its creditors, becomes Insot-
vent, or mes or has med against It any petition, action, cue
or proceeding, voluntary or involuntary. under any state or
federal law regarding bankruptcy,lnsolvency, reorganiza-
tion, receiverShip or dissolution, Including the Bankruptc)'
Reform Act of 1978, as amended; or (h) Mortgagor falls to
pay when due. any amount owing by Mortgagor pursuant to
the terms hereof, then in aclditlon to exercising any right.t
which Mon:gagee may have under the terms of any agree.
ment securing repayment of, or relating to, any portion of
the Obligation, or otherwise prOvided by law, Mortga," may
foreclose upon the Mortgaged Property by appropriate te,al
proceedings and sell the Mortgaged l'roperty for the collec.
tion of the Obligation, together with cost.t of suit and attor.
ney's commission equal to the lesser of (a) twenty percent
(20~~) of the total Obligation or tlve hundred dollars
($500.00), whichever Is the larger amount or (b) the maxi.
mum amount permitted by law, Mortgagor hereby forever
walv.. and releases all errors In the sald proceedings,
waives stay of execution. the right of Inquisition and exten-
sion of time of payment, agl'ees to condemnation of any
propel'ty levied upon by virtue of any such execution, and
waives all eKemptlons from levy and sale of any property
that now is or hereat'ter may be exempted by law,
-"""1')8.4 '~CE 5tlf>
bao~ .. t r
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@~' -'I' "~Irt; I.t) 0 0 () /J) 0 0 e "9
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(r'-.. Cl" ~ "\,
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en, C,)
Timo 8ta/np and Return
MELLON BANK, NATIONAL ASSOCIATION
Plaintiff
IN 'l'HE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98 2492 CIVIl,
v,
TOBY L, COY and ANGELA M. COY
Defendants
CIVIL ACTION .. LAW
MORTGAOE FORECLOSURE
NOTICE TO LIEN HOLDERS PURSUANT TO PA, R.C.P. 3129.2
NOTICE IS HEREBY OIVEN TO the following parties who hold one or more
mortgages, judgment or tax liens against the real estate of Toby L. Coy and
Angela M, Coy.
Mellon Bank, N,A,
Two Mellon Bank Center
Room 152-AB50
Pittsburgh, PA 15259-0001
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
You are hereby notified that on December 9, 1998 at 10:00 a.m.,
prevailing time, by vi.rtue of a Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, on the judgment of Mellon
Bank, N.A. v. Tohy L. Coy and Angela M. Coy, No. 98 2492 in the amount of
Ninety-three Thousand Six Hundred Sixty-Seven and 51/100 Dollars ($93,667.51)
plus interest from April 24, 1998 at Twenty-four and 64/100 Dollars ($24,64)
per day, costs, attorneys' fees and for fOI'eclosure of the mortgaged
premises, the Sheriff of Cumberland County, Pennsylvania will expose at
Public Sale at the Cumberland County Courthouse, Carlisle, C'ommonwealth of
Pennsylvania, real estate of Toby L. Coy and Angela M. Coy known as that
tract of land situate in the Township of Shippensburg, Cumberland County,
Pennsylvania, known and numbered as 5 Earl Street, Extension, Shippensburg,
Pennsylvania 17257. A description of said real estate is attached hereto,
You are further notified that a Schedule of Proposed Distribution will
be filed by the Sheri.f.f of Cumberland County within thirty (30) days after
the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless exceptions are filed thereto within
ten (10) days thereafter.
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MELLON BANK, NATIONAL ASSOCIATION
Plaintiff
v,
IN THE COURT OF COMMON Pi,EAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 98 2492 CIVIL
TOBY L. COY and ANGEIJA M. COY
Defendants
CIVIL ACTION - LAW
MORTGAGE: FORECLOSURE
APFIDAVIT PURSUANT TO RULE 3129.1
MELLON BANK, N.A., Plaintiff in the above action, sets forth as of the
date the Praecipe for the Writ of Execution was filed the fOllowing
information concerning the real property consisting of one tract of land
situate in the Township of Shippensburg, County of Cumberland, Pennsylvania,
known and numbered as 5 Earl Street, Extended, Shippensburg, Pennsylvania
17257.
1, Name and address of owners or reputed owners:
Toby L, Coy
5 Earl Street, Extended
Shippensburg, PA 17257
Angela M, Coy
317 McCulloch Road
Shippensburg, PA 17257
2. Name and address of defendants in the judgment:
Toby L. Coy
5 Earl Street, Extended
Shippensburg, PA 17257
Angela M. Coy
317 McCulloch Road
ShipperH3burg, PA 17257
3. Name and address of every judgment creditor (other than the Plaintiff
herein) whose jUdgment is a record lien on the real property to be sold:
4. Name and address of the last recorded holder (other than the Plaintiff
herein) of every mortgage of record:
5, Name and addr.ess of every other person who has any record lien on the
property:
Cumberland County Tax Claim Bureau
Cumbex'land County Courthouse
One Courthouse Square
Carlisle, PA 17013
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
7. Name and address of every ot.her person of whom the plaintiff has
knowledge who has any interest in t.he property which may be affected by the
sale:
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M~LLON BANK, NATIONAL ASSOCIATION
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 98 2492 CIVIL
TOBY L, COY and ANGELA M. COY
Defendants
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TUE NOTICE I
That the Sheriff's Sale of Real Property (real estate) will be held:
DATE: December 9, 1998
TIME: 10:00 a.m,
LOCATION I Cumberland County Courthouse
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
mainly consisting of a statement of the measured boundaries of the property,
together with a brief mention of the buildings and any other major
improvements erected on the land,
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is: one tract of land situate
in the Township of Shippensburg, Cumberland County, Pennsylvania, known and
numbered as 5 Earl Street, Extended, Shippensburg, Pennsylvania 17257.
THE JUDGMENT under or pursuant to which your property is being sold is
docketed in the within Commonwealth and County to: Mellon Bank, N.A. v. Toby
L. Coy and Angela M. Coy, No. 98 2492 in the amount of Ninety-Three Thousand
Six Hundred Sixty-Seven and 51/100 Dollars, ($93,667,51) plus interest from
April 24, 1998 at Twenty- Four and 64/100 Dollars ($24.64) per day, costs,
attorneys' fees and for foreclosure of the mortgaged premises until the
Sheriff Sale.
THE NAMES OF THE OWNERS OR R.EPUTED OWNERS of this property are: Toby L,
Coy and Angela M. Coy.
A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental
or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for
example, to banks that hold mortgages and municipalities that are owed taxes)
will be filed by the Sheriff of this County thirty (30) days after the sale
and distribution of the proceeds of sale in accordance with this schedule
will, in fact, be made unless someone objectll by filing exceptions to it
within ten (10) days of the date it is filed,
Information about the Schedule wf Distribution may be obtained from the
Sheriff of the Court of Common Pleas of the within County at the Courthouse
address apecified herein,
IBIS PAPIR IS A NOTICE OF THIL.T.DtI-AND PLACB._ OF THE SALB OF YOUR
PROPIRTY.
IT HAS BEBN ISSUED ~ECAUSE THBRE-IaL1LJUDGMBNT AGAINST YQ~
17.JHA1 CAUSE YOUR PROPERII-I9. BB H~LD. ~J[lLSOLD OR TAKBN TO PAY THB
JUDGMBNT .
You may have legal rights to prevent your property from being taken
away. A lawyer can advise you more specif ically of these rights. If you
wish to exercise your rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAlI THIS PAPER TO YOUR LAwtER AT ONCE, GO TO OR TELEPHONE
THB OFFICB SBT FORTH BELOW TO FIND OUT WHERE YOU CAN GET FRBE LEGAL ADVICE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
THB LBGAL RIGHTS YOU MAY HAVE ARE I
1, You may file a petition with the Court of Common Pleas of the
within County to open the judgment if you have a meritorious defense against
the person or company that has entered judgment against you. You may also
file a petiUon with the same Court if you are aware of a legal defect in the
obligation or the procedure used against you,
2. After the Sheriff's Sale, you may file a petition with the Court of
Common Pleas of the wi thin County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition MUST BB FILED
BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the Court of
Common Pleas of the within County. The petition must be served on the
attorney for the creditor or on the credHor before presentati,on to the Court
and a proposed order or rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from
the Court Administrator's Office - Civil Division, of the within County
Courthouse, before a presentation to the Court.
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MELWN BANK, NATIONAL ASSOCIATION
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98 2492 CIVIL
v,
TOBY L, COY and ANGELA M, COY
Defendants
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULt 3129.1
MELLON BANK, N.A., Plaintiff in the above action, sets forth as of the
date ,the Praecipe for the Writ of Execution was filed the fOllowing
information concerning the real property consisting of one tract of land
situate in the Township of Shippensburg, County of Cumberland, Pennsylvania,
known and numbered as 5 Ear.l Street, Extended, Shippensburg, Pennsylvania
17257.
1. Name and address of owners or reputed owners:
Toby L, Coy
5 Earl Street, Extended
Shippensburg, PA 17257
Angela M. Coy
317 MCCulloch Road
Shippensburg, PA 17257
2. Name and address of defendants in the jUdgment:
Toby L. Coy
5 Earl Street, Extended
Shippensburg, PA 17257
Angela M. Coy
317 McCulloch Road
Shippensburg, PA 17257
3, Name and address of every jUdgment creditor (other than the Plaintiff
herein) whose jUdgment is a record lien on the real property to be sold:
4, Name and address of the last recorded holder (other than the Plaintiff
herein) of every mortgage of record:
5. Name and address of every other person who has any record l.i.en on the
property:
CUmbel'land County Tax Claim Bureau
CUmberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
7. Name and address of every other person of whom the plaintiff has
knowledge who has any interest in the property which may be affected by the
aale:
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I, Karl M, Ledebohm, Esquire, attorney for the Plaintiff, Mellon Bank,
N,A" verify that the statements made in this affidavit are true and correct
to the best of my personal knOWledge, information and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa, C.S,
section 4904 relating to unSWorn falsification to authorities.
SAIDIS, ~FP & HASLAND
~
Dated: August 3, 1998
By:
Ledebohm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
Telephone: (717) 737-3405
Attorney for Plaintiff
,
MELLON BANK. NA1'IONAL ASSOCIATION
Plaintiff
v,
IN 'I'HE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSvr.NANIA
NO, 98 2492 CIVIL,
TOBY L, COY and ANGEI~ M. COY
Defendants
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129.2
NOTICE IS HEREBY GIVEN TO the fallowing parties who hold one or more
mortgages, judgment or tax liens against the real estate of Toby L, Coy and
Angela M, Coy.
Mellon Bank. N.A.
Two Mellon Bank Center
Room 152-AB50
Pittsburgh, PA 15259-0001
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle. PA 17013
You are hereby notified that on December 9, 1998 at 10:00 a.m:,
prevailing time. by virtue of a Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, on the judgment of Mellon
Bank, N.A. v. Toby L. Coy and Angela M. Coy, No. 98 2492 in the amount of
Ninety-three Thousand Six Hundred Sixty-Seven and 51/100 Dollars ($93.667.51)
plus interest from April 24, 1998 at Twenty-four and 64/100 Dollars ($24.64)
per day, costs. attorneys' fees and for foreclosure of the mortgaged
premises, the Sheriff of Cumberland County, Pennsylvania will expose at
Public Sale at the Cumberland County Courthouse. Carlisle, Commonwealth of
Pennsylvania, real estate of Toby L. Coy and Angela M. Coy known as that
tract of land situate in the Township of Shippensburg, Cumberland County,
Pennsylvania. known and numbered as 5 Earl Street, Extension, Shippensburg,
Pennsylvania 17257. A description of said real estate is attached hereto.
You are further notified that a Schedule of Proposed Distribution will
be filed by the Sheriff of Cumberland County within thirty (30) days after
the tiale, and distribution of the proceeds of sale in accordance with this
schedule will. in fact, be made unless exceptions are filed thereto within
ten (10) days thereafter.
MEL~ON BANK, NATIONAL ASSOCIATION
Plaint if f
v,
IN THE COURT OF COMMON PLEAS
CUMBERr~D COUNTY, PENNSYLVANIA
NO. 98 2492 CIVIL
TOBY L. COy and ANGELA M. COy
Defendants
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE OP SHERIPP'S SALE OP REAL ESTATE
PURSUANT '1'0
PENNSYLVANIA RULE OP CIVIL PROCEDURE 3129
TAXI NO'rICII
That the Sheriff's Sale of Real Property (r~al estate) will be held:
DATE: December 9, 1998
TIME: 10:00 a.m.
LOCATION: Cumberland County Courthouse
THI PROPERTY '1'0 BE SOLD is delineated in detail in a lagal description
mainly consisting of a statement of the measured boundaries of the property,
together with a brief mention of the buildings and any other major
improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of YOur property to be sold is: one tract of land situate
in the Township of Shippensburg, Cumberland County, Pennsylvania, known and
numbered as 5 Earl Street, Extended, Shippensburg, Pennsylvania 17257.
THI JUDGMINT under or pursuant to which your property is being sold is
docketed in the within Commonwealth and County to: Mellon Bank, N.A. v. Toby
L. Coy and Angela M. Coy, No. 98 2492 in the amount of NinetY-Three Thousand
Six Hundred Sixty-Seven and 51/100 Dollars, ($93,667.51) plus interest from
April 24, 1998 at Twenty-Four and 64/100 Dollars ($24.64) per day, costs,
attorneys' fees and for foreclosure of the mortgaged premises until the
Sheriff Sale.
THE NAMl!:S OP THE OWNERS OR REPU'l'ID OWNERS of this property are: Toby L.
Coy and Angela M, Coy.
A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental
or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbUrsed by the Sheriff (for
example, to banks that hold mortgages and municipalities that are owed taxes)
will be filed by the Sheriff of this County thirty (30) days after the sale
and distribution of the proceeds of sale in accordance with this schedule
will, in fact, be made unless someone objects by filing exceptions to it
within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the
Sheriff of the Court of Common Pleas of the within County at the Cour.thouse
address specified herein,
THIS PAPER IS A NOTICE OF THE TIME AND PL~C!ll OF THE SALE OF YOUl\
PROPERTY.
IT HAS 'EEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST )rOU.
IT MAY CAUSE YOUlt PROPERTY TO BE HELD. TO BE SOLD OR TAX8N TO PAY THill
JUDGMENT 1.
You may have legal rights to prevent your property from being taken
away. A lawyer can advise you more specifically of these rights. If you
wish to exercise your rights, YOU MUST ACT PROMPTLY,
YOU SHOULD TAXE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the
within County to open the judgment if you have a meritorious defense against
the person or company that has entered judgment against you. You may also
file a petition with the same Court if you are aware of a legal defect in the
obligation or the procedure used against you.
2, After the Sheriff's Sale, you may file a petition with the Court of
Common Pleas of the within County to set asi.de the sale [or a grossly
inadequate price or for other proper cause. This petition MUST BE FILED
BEFORE THE SHERIFP'S DEED IS DELIVERED.
3. A petition or petitions raising the legal i.ssues or rights
mentioned in the preceding paragraphs must be' presented to the Court of
Common Pleas of the within County. The petition must be served on the
attorney for the creditor or on the creditor before presentation to the Court
and a proposed order or rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from
the Court Administrator's Office - Civil Division, of the within County
Courthouse, before a presentation to the Court.
'.
EXHIBIT "A"
ALL THAT CERTAIN tract of lands situate in Shippensburg Township,
cumberland County, Pennsylvania, more fully bounded and described
as follows:
BEGINNING at an iron pin on line of land now or formerly of Elder
E. Wengerd and line of former Pennsylvania Railroad right of way,
now or formerly land of Elder E, Wengerd; thence by land of said
Elder E, Wengerd, North 60~ degrees East, 184 feet to a post and
oorner of land now or formerly of Lester D. Burkholder et al;
thence by said Burkholder land, North 60~ degrees East, 23.5 feet
to an iron pin; thence by the same, South 33 degrees 32 minutes
East, 103 feet to an iron pin; thence by the same, South 39 degrees
58 minutes East, 251.4 feet to an iron pin and the right of way of
the Reading Railroad; thence by the said Reading Railroad right of
way in a southerly direction 110 feet to a Reading Railroad iron
pin; thence by same. in a Southerly direction 200 feet, more or
less, to a railroad iron pi.n; thence by land of the Pennsylvania
Railroad, North 25 degrees West, 398.3 feet to an iron pin; thence
by the same in a Southwesterly direction 120 feet, more or less, to
an iron pin; thence by a slow arc in a Northeasterly direction
approximately 190 feet to an iron pin the place of BEGINNING.
LESS a small tract of land conveyed by L.M. Shindledecker, et al to
Betty Lynch by Deed dated the 28th day of June, 1971 and recorded
in the Office of the Recorder of Deeds in and for Cumberland
County/ Pennsylvania, in Deed Book "0"/ Volume 24 at Page 713/ said
tract bounded and described as follows:
BEGINNING at a point on line of land of Grantee herein; thence
North 60~ degrees East, 24 feet 6 inches / to corner of a retaining
wall; thence in a southwardly direction 16 feet to a post; thence
in a Westwardly direction 32 feet 9 inches along a rail fence to an
iron pin at line of land now or former~y of the Grantee herein;
thence Northwardly 21 degrees 10 minutes 29 seconds by an arc with
a radius of 789.02 feet a chord distance of 10 feet 6 inches to the
place of BEGINNING.
BEING the same premises whi~h Patsy A. Coy/ widow, by deed dated
,September 13, 1995, which Deed is recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book 128,
Page 630, granted and conveyed to Toby L. Coy and Angela M. Coy/
husband and wife,
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MELLON BANK, N,A"
PlaintIff
: IN '1'HE COURT OF' COMMON PLI':AS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98 2492 CIVIL
v,
TOBY L, COY AND ANGELA
M: COY,
CIVIL ACTION - LAW
MORTGAGE: F'ORECLOSURE
Defendants
NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P, 3129,2
NOTICE IS HEREBY GIVEN 1'0 the following parties who hold one
or more mortgages, judgment or tax liens against the real estate
of Toby L. Coy and Angela M. Coy:
Mellon Bank, N,A.
Two Mellon Bank Center
Room 152-AB50
Pittsburgh, PA 15259-0001
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Unemployment Compensation F'und
DeEartment of Labor & Industry
16 h F'loor
Harrisburg, PA 17121
You are hereby notified that on March I, 2000 at 10:00 a.m"
prevailing time, by virtue of a Writ of E:xecution issued out of
the Court of Common Pleas of Cumberland County, Pennsylvania, on
the judgment of Mellon Bank, N.A. v. Toby L. Coy and Angela M.
Coy, No. 98 2492 in the amount of Ninety Three Thousand Six
Hundred Sixty Seven and 51/100 Dollars ($93,667.51), plus interest
from October 14, 1999 at Twenty Four and 64/100 Dollars ($24,64)
per day, costs, attorneys' fees and for foreclosure of the
mortgaged premises, the Sheriff of Cumberland County, Pennsylvania
will expose at Public Sale at the Cumberland County Courthouse,
City of Carlisle, County of Cumberland, Commonwealth of
Pennsylvania, real estate of Toby L. Coy and Angela M. Coy known
as that tract of land situate in the Township of Shippensburg,
Cumberland County, Pennsylvania, known and numbered as 5 Earl
Street E:xtended, Shippensburg, Pennsylvania 17257. A description
of said real estate is attached hereto.
You are further notified that a Schedule of Proposed
Distribution will be filed by the Sheriff of Cumberland County
within thirty (30) days after the sale, and distrIbution of the
proceeds of sale in accordance with this schedule will, in fact,
be made unless exceptions are filed thereto within ten (10) days
thereafter.
EXHIBIT "A"
ALL THAT CERTAIN tract of lands situate J.n Shippensburg Township,
Cumberland County, Pennsylvania, more fully bounded and described
as follows:
BEGINNING at an iron pin on line of land now or formerly of Elder
E, Wengerd and line of former Pennsylvania Railroad :t'ight of way,
now or formerly land of Elder E. Wengerd; th~nce by land of said
Elder E. Wengerd, North 60~ degrees East, 184 feet to a post and
corner of land now or formerly of Lester D. Burkholder at al;
thence by said Burkholder land, North 60~ degrees East, 23.5 feet
to an iron pin; thence by the same, South 33 degrees 32 minutes
East, 103 feet to an iron pin; thence by the same, South 39 degrees
58 minutes East, 251.4 feet to an iron pin and the right of way of
the Reading Railroad; thence by the said Reading Railroad right of
way in a southerly direction 110 feet to a Reading Railroad iron
pin; thence by same in a Southerly direction 200 feet, more Ol'
less, to a railroad iron pin; thence by land of the Pennsylvania
Railroad, North 25 degrees West, 398.3 feet to an iron pin; thence
by the same in a Southwesterly direction 120 feet, more or less, to
an iron pin; thence by a slow arc in a Northeasterly direction
approximately 190 feet to an iron pin the place of BEGINNING.
LESS a small tract of land conveyed by L.M. Shindledecker, et al to
Betty Lynch by Deed dated the 28th day of June, 1971 and recorded
in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book "D", Volume 24 at Page 713, said
tract bounded and described as follows:
BEGINNING at a point on line of land of Grantee herein; therlce
North 60~ degrees East, 24 feet 6 inches, to corner of a retaining
wall; thence in a Southwardly direction 16 feet to a post; thence
in a Westwardly direction 32 feet 9 inches along a rail fence to an
iron pin at line of land now or formeriy of the Grantee herein;
thence Northwardly 21 degrees 10 minutes 29 seconds by an arc with
a radius of 789.02 feet a choI'd distance of 10 feet 6 inches to the
place of BEGINNING.
BEING the same premises which Patsy A. Coy, widow, by deed dated
September 13, 1995, which Deed is recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book 128,
Page 630, granted and conveyed to Toby L. Coy and Angela M, Coy,
husband and wife.
A SCHEDULE DISTRIBUTION, being a Ust of the persons and/or
governmental or corporate ontities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by Uw I3hedff (fot' example, to banks that hold
mortgages and municipalities that are owed taxes) will be filed by
the sheri (f 01. LhJs County thi rty (30) days aftor t:he salo and
dIstribution 01 the proceeds of salo in accordance with thIs
scheclulo will, in fact, be made unless someone objects by flUng
exceptions to it within ton (10) days of th0 date it is flIed.
Infonnation about the Schedule of Distribution may be
obtained from the Sheriff of the Court of Common Pleas of the
within County at the Courthouse address specified herein,
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
--
IT HAS BEEN ISSUED ~USE THERE IS A ,rooGHENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, ~O BF. SOLD OR TAKEN TO
PAY THE JUDGMENT,
You may have legal rights to prevent your property from being
t.aken away. A lawyer can advise you more specifically of these
riqhts. If you wiSh to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE ~HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1, You may file a peti lion with the Court of Common Pleas
of the within County to open the judgment. if you have a
meritorious defense against the person or company t.hat has entered
judgment against you. You may also file a petition with the same
Court if you are aware of a legal defect in the obligation or the
procedure used against you.
2, After the Sheriff I s Sale, you may file a petition with
the Court. of Common Pleas of t.he within County to set aside the
sale for a grossly Inadequate p,r.ice or for other proper cause.
This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS
DELIVERED.
f>" 1,.,.,(
EXHIBIT "A"
AL~ THAT CERTAIN tract of lands situate in Shippensburg Township,
Cumberland County, Pennsylvania, more fully bounded and described
as follows:
BEGINNING at an iron pin on line of land now or formedy of Elder
E, Wengerd and line of former Pennsylvania Railroad right of way,
now or formerly land of Elder E. Wengerd; thence by land of said
Elder E, Wengerd, North 60~ degrees East, 184 feet to a post and
corner of land now or formerly of ~ester D. Burkholder et 1.1;
theuce by said Burkholder land, North 60~ degr.ees East, 23.5 feet
to a.n iron pin; thence by the same, South 33 degrees 32 minutes
East, 103 feet to an iron pin; thence by the same, South 39 degrees
58 minutes East, 251.4 feet to an iron pin and the right of way of
the Reading Railroad; thence by the said Reading Railroad right (If
way in a southerly direction 110 feet to a Reading Railroad iron
pin; thence by same in a Southerly direction 200 feet, more or
less, to a railroad iron pin; thence by land of the Pemlsylvania
Railroad, North 25 degrees West, 398.3 feet to an iron pin; thence
by the same in a Southwesterly direction 120 feet, more or less, to
an iron pin; thence by a slow arc in a Northeasterly direction
approximately 190 feet to an iron pin the place of BEGINNING.
~ESS a small tract of land conveyed by L.M. Shindledecker, et 1.1 to
Betty Lynch by De,ed dated the 28th day of June, 1971 and recorded
in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book "0", Volume 24 at Page 713, said
tract bounded and described as follows:
BEGINNING at a point on line of land of Grantee herein; thence
North 60~ degrees East, 24 feet 6 inches, to corner of a retaining
wall; thence in a Southwardly direction 16 feet to a post; thence
in a Westwardly direction 32 feet 9 inch'!lS along a rail fence to an
iron pin at line of land now or formeriy of the Grantee herein;
thence Northwardly 21 degrees 10 minutes 29 seconds by an arc with
a radius of 789.02 feet a chord distance of 10 feet 6 inches to the
place of BEGINNING.
BEING the same premises which Patsy A. Coy, widow, by deed dated
September 13, 1995, which Deed is recorded in the Office of the
Recorder of Deeds in and for. Cumberland County in Deed Book 128,
Page 630, granted and conveyed to 'I'oby L. Coy and Angela M. Coy,
husband and wife.
.-
,
7177373407 SAIDIS SHUFF ~~SLAND
414 P03/11 FEB 28 '00 11:59
,..'
MELLON BANK, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98 2492 CIVIL
: MORTGAGE FORECLOSURE
v,
TOBY L, COy AND ANGELA
M.COY,
Defendants
ASSIGNMENT OF' JUDGMENT
FOR VALUE RECEIVED, the undersigned MELLON BANK, N.A, does hereby grant,
bargain, sell, convey, transfer, assign and make over unto A.P, RESIDENTIAL REAL TV, INC.,
lts successors and assigns any and IlJI right, titie and interest it may have in and to a certain
Judgment recovered by Mellon Bank, N,A. in the CoUrt of Common Pleas for Cumberland County,
Pennsylvania to docket number 98 2492 against Toby L. Coy and Angela M, Coy tor the sum of
EJghty Thousand and 00/100 Dollars ($80,000.00), together with costs of suit, and for foreclosure
and sale of the Mortgaged Property, and together with all the benefits and advantages that may be
obtained thereby. and full pOwer to enforce and recover the judgment to Its own and their own use.
I further authorize and empower the prothonotary or any attorney on behalf of the assignee to mark
the judgment to the assignee's use.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed in
its name by its duly authorized officer, On the.z3~day of ff..hr UiU' ~_, 2000.
ATTEST:
MELLON BANk, N.A.
4Jty
By:
1
FEB 28 '00 12:02
71773'73407
PAGE. 03
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M~LLON BANK, N.A.,
Plaintiff
v.
IN TH~ COURT OF COMMON PLEAS
CUMB~RLAND COUNT~, P~NNS~LVANIA
NO. 98 2492 CIVIL
TOBY L. CO~ AND ANGELA
M. CO~,
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
Defendants
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Pr.operty (real estate) will
be held:
DAT~: March I, 2000
TIME: 10:00 a.m.
LOCATION:
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in ii'. legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
bUildings and any other major improvements erected on the lana.
(S~E DESCRI PTIONATTACHED)
THE LOCA'l'IOl~ of your property to be sold is: one tract of
land situate in the Township of Shippensburg, Cumberland County,
Pennsylvania, known and numbered as 5 Earl Street Extended,
Shippensburg, Pennsylvania 17257.
THE JUDGMENT under or pursuant to \~hich your property is
being sold is docketed in the within Commonwealth and County to:
Mellon Bank, N.A. v. Toby L. Coy and Angela M. Coy, No. 98 2492,
in the original principal amount of Ninety Three Thousand Six
Hundred Sixty Seven and 51/100 Dollars ($93,667.51), plus interest
from October 14,1999, at Twenty Fou.r and 64/100 Dollars ($24.64),
costs, attorneys' fees and for foreclosure of the mortgaged
premises until the Sheriff Sale.
THE NAMES OF TH;E OWNERS OR REPUTED OWNERS of this property
are: Toby L. Coy and Angela M. Coy.
A SCHEDULE DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale receiVEJd and to be
disbursed by the Sheriff (for example, to banks that hold
mortgages and municip~litiBs that are owed taxes) will be filed by
the SherHf of this County thirty (30) days after' the sale dnd
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by fiUng
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution
obtained from the Sheriff of the Court of Common Pleas
within County at the Courthouse address specified herein.
Inay be
of the
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMEN'1'.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
right.s. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT WHERE YOU CAN GET
FREE LEGAL ADVICE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, E'A 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas
of the within County to open the judgment if you have a
meritorious defense against the perscn or company that has entered
judgment against you. You may also file a petition with the same
Court if you are aware of a legal defect in the obligation or the
procedure used against you.
2. After the Sheriff's Sale, you may .file a petition with
the Court of Common Pleas of the within County to set aside the
sale for a grossly inadequate price or for other proper cause.
This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS
DELIVERF.:D.
,,',
EXHIBIT "A"
ALL THAT CERTAIN tract of lands situate in Shippensburg Town.hip,
Cumberland County, Pennsylvania, more fully bounded and de.cribed
a. fOllow.:
BEGINNING at an iron pin on line of land now or formerly of Elder
E. Wengerd and line of former Pennsyl vllnia Railroad right of way,
now or formerly land of Elder E. Wengerd; thence by land of said
Elder E. Wengerd, North 60~ degrees East, 184 feet to a pOst and
corner of la.nd now or formerly of Lester D. Burkholder et a.l;
thence by said Burkholder la.nd, Nor.th 60~ degrees East, 23.5 feet
to an iron pin; thence by the same, South 33 degrees 32 minutes
East, 103 feet to an iron pin; thence by the same, South 39 degrees
58 minutes East, 251.4 feet to an iron pin and the right of way of
the Reading Railroad; thence by the said Reading Railroad right of
way in a southerly direction 110 feet to a Reading Railroad iron
pin; thence by same in a Southerly direction 200 feat, more or
less, to a railroad iron pin; thence by land of the Pennsylvania
Railroad, North 25 degrees West, 398.3 feet to an iron pin; thence
by the same in a Southwesterly direction 120 feet, more or less, to
an iron pin; thence by a slow arc i.n a Northeasterly direction
approximately 190 feet to an iron pin the place of BEGINNING.
LESS a small tract of land cOnveyed by L.M. Shindledecker, et al to
Betty Lynch by Deed dated the 28th day of June, 1971 and recorded
in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book "0", Volume 24 at Page 713, said
tract bounded and described as follows:
BEGINNING at a point on line of land of Gr.antee herein; thence
North 60~ degrees East, 24 feet 6 inches, to corner of a retaining
wall; thence in a Southwardly direction 16 feet to a post; thence
in a Westwardly direction 32 feet 9 inches along a rail fence to an
iron pin at line of land now or formerly of the Grantee herein;
thence Northwardly 21 degrees 10 minutes 29 second~ by an arc with
a radius of 789.02 feet a chord distance of 10 feet 6 inches to the
place of BEGINNING.
BEING the same premises which Patsy A. Coy, widow, by deed dated
September 13, 1995, which Deed is recorued in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book 128,
Page 630, granted and cOnveyed to Toby L. Coy and Angela M. Coy,
husband and wife.
!
WRl'r OF EXECUTION And/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF ..---Cw1barlimd.__
NO, 98-2492 CIVIL ~ TERM
.-..--C-IVIL-AC-TION. LAW ----
_..___. ..COUNTY:
To satlsty tho dobt. Intorost and costs due .. .to1()Ll()rll~mk__N.II__
.', "_~_~_U"__'" ...u____~__.____,,_. ___..'"'~,___.
--..----..~-.-- ....---..-.--------....-- ..... ------.. ---...----...-.-----......____..._____..___.PLAINTIFF(S)
trom ---Tob.~-.L.....ilijl----!L.EarLStroot..&terrlaLShippenabut'LH-.I'a~_l1251._ ___....._____ .______ .____......._
.-._A,n~!iLI1L Coy.__31 IJ!Q;;\!.llOQtL!l.Q!.!dL Slmmenl1Q1Jl;9,J'a.11? 5 L___ .___....._. ___...._._________
------------------.-------.-----.-.-----------~~-..---____._DEFENDANT(S)
(1) You aro dlroctfld to levy upon the property ot the defendant(s) and to soll___________________________
~LF.arl Q.tr~()t......!':.l!!:em;tE!9_. Sh~lltJgn!lbllt9LI'9.,_.!12 5 L__.___________. _.__...
--~----_._---_.__.-._--~---._.~----,---
--~._-~.._-------_._..._---------.._--.-.~._--.._.~._--~---.----------------- .
(2) You are also directed to attach the property of the defendanl(s) not levied upon In the possession ot __
--......-...~~_._----_._---_.._._--~....,._._-~--~~--.--.--_....---------.~_._-_._~-_._-----_..,
._--~--_._--------~....__..__._-+~.._..
---~_._--_._--~_._--_._~-~~
...._--~-_.._._-"..._-_.._,._--'--~_...~_.._~-----~-----------~--~----
._----_._--~---~.-.-_._--_...~-....._~.-._._----
------..-_ GARNISHEE(S) as tollows:
-~_._-.------_._, -...-------....------.---.--------.-.
and to notny the garnlshee(s) Ihat: (a) an attachment has been issued; (b) Ihe garnlshee(s) is/are enjoined trom paying any
debt to or tor the account of the defondant(s) and from delivering any property of the detendant(s) or Olhorwise disposing
thoroot;
(3) II property 01 the detendant(s) not levied upon an subject to allachmelltls found In the possession ot anyone other
Ihan a named garnishee, you are directed to notify hlm/herthat hllishe has been added as a garniShee and Is elljoined as above
stated.
Amount Due__.$.o:L.32U.29...._.._ _.____._.._..
1~~(Js1 /99 ~~. 05 .!:':~_~~~~_._____~_
Ally's Cornm___.._..._______ % ____..__.___.__._.
Ally Paid ___ $947 ._oL
Plaintitf Paid
L.L.
.~..._--------_..~----
Due Prothy ~.____~1.00
Other Costs ____
[Jate~r 14. 1222..
Curtis R. _Long...____._____
Prothonolary. Civil DiVision
by: _~ '11i<&./
Depuly
;'
REQUESTING PARTY:
Name Karl M. r.e<i~
Address: _2109.. MRrkpj- 'lj-rppt.______
ClInp J-lllL...l'a.L 17 0 11
Allorney for: -....Pla1ntill_____._._______
Telephone: (717) U2::.J.405..._________...____.
Supreme COUl11D No. 590J2.._ ...__u.____._
1/
I!
I
11
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Unlllr.' NO.Sll. IDDI'DUld flU" 16.1121
Commonw.elth of P,nneylnnle, County of Deuphln) ee
Flink J. Epler being duly sworn according to low, deposes and says:
.Thel h. Ie Ih4f Controller of THE PATRIOT.NEWS CO.. e oorporellon organized end exl.llng under Ihe law. of Ihe
Commonw.allh of Penn.ylvanla. with Ita prlnolpal offlo. end plao. at bu.lne.. al 812 to 818 Mark.t Strett. In Ih.
City of Harrllburg. County ot Dauphin. Stat. ot Penn.ylvanla. owner and publlaher at THE PATRIOT.NEWS and THE
SUNDAY PATRIOT.NEWS newspapere ot genere' olroulatlon, prlnled and published al 812 10 818 Mark'l Stre.I, In
the City, Counly and Stete ator..eld; that THE PATRIOT-NEWS and THE SUNDAY PATAIOT.NEWS w.,.. ..Ifbll.hed
March 4th, 1854. and September 18th, 11lo411. r"PlOtlv.ly, and all hav. b..n oontlnuou.ly publl.hed ever .Inoo;
That the printed nolloe or publlcallon whloh I. .ecurely ettached hereto 'e .xactly .. printed and publlehed In
th.lr r'llular dally and/or Sunday and Metro edltlonlil..u.. whloh appeared on the 25th day of JanUAry and the l.t
and 8th daYI') of February 2000. That neither h. nor .ald Company I. Int.r"led In the .ubJect matter ot eald
printed notlo. or adv.rtl.lng. end Ihet all ot the ellegatlonl ot thl. .tatement as to the lime. plao. and oheraoter 01
publlcallon are trua; and
That he ha. personal knowledge ot the taot. ator..ald and I. duly authorized and empowered to verily thl.
.tatement on b.half of The Patrlot.New. Co. aforeuld by virtue and pUlluant to a re.olullon unanlmou.ly pueed and
adopted ..verally by the .tockholder. and board ot dlrlOtor. ot the eald Company and .ub.equenlly duly recorded In
. the offlo. for the RlOordlng of Deed. In and for uld County of Dauphin In MllOellaneou. Book 'M".
Volume 14, Page 317.
PUBLICATION
COPY
'ALEta"
"~~,~ /(.%;d:'
thl. 25t~. Febr~A
[.~ ... 'L~--<
NOT rv PUB IC -
Nol.~11 S..I
TIny L. A.llen, NOIIIV Pul>llc
~l.r,lsburg, Dauphin County
MV Commission ElCplfftll June 6. 2002
Member. Pennsylvania AsSOClal1on 01 NIlIaMt' oommlsslon expire. Jun. 8. 2002
"!t
ClM3ERlAND COUNTY SHERIFFS OFFICE
ccum<<:UlE
CARLISLE. PA, 17013
Statement oLAdDJ:1llJna COlta
To THE PATRIOT-NEWS CO., Dr.
For publl.hlng the notlo. or publication attaohed
hereto on the abov. .tated dateo .
Proba'.lng sam. Notary Feals) .
Tolal $
2115.78
1.50
2117.28
publisher' II Receipt for Advertising Cost
THE PATRIOT-NEWS CO.. publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT'NEWS. newspapell ot g.nera'
clrculalllln, hereby acknowledge receipt at Iheafor..ald nollo. and publloallon 008t. and 08rtlll.. that the earn. hav.
been dUly paid. THE PATRIOT-NEWS CO.y
~Y"''''''''''''''''''''''''''''''''lI''',,,,,,,,,,,,.,,,,,,,,,,,,,,,,,
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Toby L. Coy and Angela M, Coy.
A SCHEJ)I.JLF~ mSTRIDU'I'ION, being u list of the persons lind/or governmental or
corporate entities or flgeneies beillg entitled to receive pm1 of the proceeds of the sale received and
to be disbursed by the Sheriff (for eXlI01ple, to hunks Ihut hold Illortguges IInd municipalities that are
owed taxes) will be filed hy the SherW' of this County thirty (30) duys utler the sale and distribution
of the proceeds of sale in accordance with this schedule will. In fuct, be made unless someone
objects by filing exceptions to It within ten (10) duys ofthe dute It is filed.
Infonnation about the Schedule of Distrihution l11uy he ohtained from the Sheriff of the
Court of Common Pleas of the within County III the Courthouse uddres:l spccil1ed herein.
THIS PAPt:R IS A NOTIC~~ 01" THE TIME At"ll I'LACL OF THE SALE OJ'
YOUR PROPEB't.\'.,
n HMDEEN ISSUED DF~CAlISE THElm IS A ,JUDGMENT AGAINST YOll.
n MAY CAUSE YOllR PROPERTY TO I}E HELl>, TO ore SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent YOUI' property Irom being tllken awuy. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, YOU MlIST ACT
PROMP1'L Y.
YOU SHOULD TAKE THIS PAPER TO YOlIR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO l<'IND OllT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
2 Liberty A venue
Carlisle, PA 170D
(717) 249-3166
THE LEGAL RIGHTS YOU MA Y HAVE ARE:
I. You may file a petition with the Court of Common Picas of the within County to
open the judgment if you have n meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware ofa legal
defect in the obligation or the procedure used against you.
2, After the Sheriffs Sale, you may hie a petition with the Court of Common Pleas .01'
the within County to set aside the sale for a grossly inadequate price or for other proper cause. This
petition MUST DE FILED BEFORE THE SHERIFF'S D1mD IS DELIVERED.
.
,
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EXHIBIT "A"
ALL THAT CERTAIN tract of lands situate in Shippensburg Township,
C1.1mberland County, Penn.sylvania, more fully bounded and deecribed
a. follows:
BEGINNING at an iron pin on line of land now or formerly of Elder
E. Wengerd and line of former Pennsylvania Railroad right of way,
now or formerly land of Eldet. E. Wengerd; thence by land of said
Elder E. Wengerd, North 60~ degrees East, 184 feet to a post and
corner of land now 0,1' formerly of Lester D. Burkholder et:, al;
thence by said Burkholder land, North 60~ degrees East, 23.5 feet
to an iron pin; thence by the same, South 33 degrees 32 minutes
East, 103 feet to an iron pin; thence by the same, South 39 degrees
58 minutes East, 251.4 feet to an iron pi.n and the right of way of
the Reading Railroad; thence by the said Reading Railroad right of
way in a southerly direction 110 feet to a Reading Railroad iron
pin; thence by same in a Southerly direction 200 feet, more or
less, to a railroad iron pin; thence by land of the Pennsylvania
Railroad, North 25 degrees West, 398.3 feet to an iron pin; thence
by the same in a Southwesterly direction 120 feet, more or less, to
an iron pin; thence by a slow arc in a Northeasterly direction
approximately 190 feet to an iron pin the place of BEGINNING.
LESS a small tract of land conveyed by 1.M. Shindledecker, et al to
Betty Lynch by Deed dated the 28th day of June, 1971 and recorded
in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book "0", Volume 24 at. Page 713, said
tract bounded and described as follows:
BEGJ:NNING at a point on line of l.and of Grantee herein; thence
North 60~ degrees East, 24 feet 6 inches, to corner of a retaining
wall; thence in a Southwardly direction 16 feet to a post; thence
in a Westwardly direction 32 feet 9 inches along a rail fence to an
iron pin at line of land now or former~y of the Grantee herein;
thence Northwardly 21 degrees 10 minutes 29 seconds by an arc with
a radius of 789.02 feet a chord distance of 10 feet 6 inches to the
place of BEGINNING.
BEING the same premises which Patsy A. Coy, widow, by deed dated
September 13, 1995, which Deed is recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book 128,
Page 630, granted and conveyed to Toby L. Coy and Angela M. Coy,
husband and wife.
I
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EXH!B!'r "A"
ALL THAT CERTAIN tract of lands situate in Shippensburg Township,
Cumberland County, Pennsylvania, more fully bounded and described
all follows:
BEOINN!NG at an iron pin on line of land now or formerly of Elder
E. Wengerd and line of former Pennsylvania Railroad right of way,
now or formerly land of Elder E. Wengerd; thence by land of said
Elder E. Wengerd, North 60~ degrees East, 184 feet to a post and
corner of land now or formerly of Lester D. Burkholder et. 11.1;
thence by said Burkholder land, North 60~ degrees East, 23.5 feet
to an iron pin; thence by the same, South 33 degrees 32 minutes
East, 103 feet to an iron pin; thance by the same, South 39 degrees
sa minutes East, 251.4 feet to an iron pin and the right of way of
the Reading Railroad; thence by the said Reading Railroad right of
way in a southerly direction 110 feet to a Reading Railroad iron
pin; thence by same in a Southerly direction 200 feet, more or
less, to a railroad iron pin; thence by land of the Pennsylvania
Railroad, North 25 degrees West. 398.3 fe!lt to an iron pin; thence
by the same in a Southwesterly direction 120 feet, more or less, to
an iron pin; thence by a slow arc in a Northeasterly direction
approximately 190 feet to an iron pin the place of BEO!~r!NG.
LESS a small tract of land conveyed by L.M. Shindledecker, et 11.1 to
Betty Lynch by Deed dated the 28th day of June, 1971 and r.ecorded
in the Office of the Recorder of Deeds in and for CUr.m<:lrland
County, Pennsylvania, in Deed Book "0", Volume 24 at Page 713, said
tract bounded and described as follows:
BEO!NNING at a point on line of land of: Grantee herein; thence
North 60~ degrees East, 24 feet 6 inches, to corner of a retaining
wall; thence in a Southwardly direccion 16 feet to a post; thence
in a Westwardly direction 32 feet 9 inches along a rail fence to an
iron pin at line of land now or former~y of the Grantee herein;
thence Northwardly 21 degrees 10 minutes 29 seconds by an arc with
a radius of 789.02 feet a chord distance of 10 feet 6 inches to the
place of BEGINN!NG.
BEING the same premises which Patsy A. Coy, widow, by deed dated
September 13, 1995, which Deed is recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book 128,
Page 630, granted and conveyed to Toby L. Coy and Angela M. Coy,
husband and wife.
, .
Mcllon Bunk, N.A,
VS
Toby L. Coy und Angdll M. Coy
In The ('ourlol'Common PlellS 01'
CU!11herland ('ounly, Pennsylvuniu
No. I 991l-2492 Civil Tcrm
Hurold J. Weary. Deputy Sheriff, who being duly sworn according 10 law, stutes
on Januury 5, 2001 at IO:J5 o'clock A.M.. EST, he served a true copy ol'the within Real
Estute Writ. Notice. Postel' and Description in the above entitled action upon one 01' the
within nlllned defcndants, to wit: Toby I" Coy, hy making known unto Tohy Coy. at 5
Earl Street, Extended, Shippensburg, Cumberland County. Pennsylvania, Its contents and
at the same lime handing 10 him personally te said tnte and aUested copies 01' the sume.
Richurd E. Smith, Deputy Sheriff. \\'ho being duly swol'llueeording to lu\\', states
on Junuary 5, 2001 at 5:05 o'clock P,M.. EST, he served a tme copy of the within Real
Estutc Writ, Notice. Postel' and Description in the above entitled action upon one of the
within named defcndants, to wit: Angela M. Coy, by making known unto Ted Barmont,
husbund ofdetcndant, at 432 Newville Roml. Newburg, Cumberland County,
Penflsylvunia, its contents IInd at the same time handing to him personally te said true and
uttested copies of th(1 same,
Hamid .I. Weary. Deputy Sheriff, who being duly swol'llaeeOl'ding to law, states
on January 05, 2001 at 1O:J5 o'clock A.M., EST, he posted a true copy ol'the within Reul
Estate Writ, Notice, Postel' and Description on the properly of Toby L. Coy and Angela
M. Coy, located at 5 Earl Street, Extended, Shippensburg. Cumberland County,
Pennsylvania, according to law,
R. Thomas Kline, Sherin~ who b(1ing duly swol'l1aeeOl'dlng to law, states he
served the above Real Estate Writ, Notice, Postel' and Description in the following
mllllllor: The Sheriff mailed a nollee of the pendency of the aellon to one of the within
named defendants, to wit: Toby L, Coy, by regular mail to his lasl known address of 5
Earl Street, Extended, Shippensblll'g, PA 17257. This lettcr was mailed under the date of
January 8, 2001 and never returned to the Sheriffs Omce.
R. Thomas Kline, Sherin~ who being duly sworn according to law. stales he
served the above Real Estat(, Writ, Notice, Postel' and Description in the following
manner: The Shcriffmailed a notice of the pendency of the action to one of the within
named defendants, to wit: Angela M. Coy. by regular mail to her last known address of
432 Newville Road, Newblll'l~, P A 17240, This leUer was mailed under the date of
January 8. 2001 and never retul'l1ed to the Sheriffs Office.
R. Thomas Kline, Sherlft~ who being duly sworn according to Inw. states thut
after due and legal notice hud been given according to Inw. exposed the within described
premises lit public venue or outcry at the Court I-louse, Cnrlisle. Cumberland County,
Pennsylvania, on June 6, 2001 at 10:00 o'clock A.M., EDST. and sold the sume for the
sum of $1.00 to Attorney Knrl M, Ledebohm for Mellon Bank, N.A., it being the highest
bid and best price received I'm the same. Mellon Bank, N.lI.. of Two Mellon Bank
Center, Room 152-AB50, Pittsburgh, I' A 15259-000 I, being the buyer in this execution,
paid SherlffR, Thomas Kline the sum of$918,50. it being costs.
.
Toby L. Coy and Angela M. Coy,
A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or
Corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution
of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone
objects by filing exceptions to it within ten (10) days of the date it is filed,
Infonnation about the Schedule of Distribution may be obtained from the Sheriff of the
CoW1 ofCoriunon Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME ANQ.PLACE OF THE SALE O~
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A ,JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being taken away. A lawyer can
advise you more specificaUy of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249.3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to
open the judgment if you have II meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same CoW1 jf you are aware of a legal
defect in the obligation or the procedure used against you,
2. After the Sheriffs Sale. you may file a petition with the Court of Common Pleas of
the within County to set aside the sale for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
7177373407 SRIDIS SHUFF M~S~RND
010 P02
DEC 07 '00 1.0129
EXHIBIT "A"
ALL THAT CERTAIN tract at lands situate in Shippensburg Township,
CUmberland County, Pl'lnnsylvani,a, more fully bounded and described
.s follows:
BEGINNING at an iron pin on line of land now or formerly of Elder
m. Wengerd and line of former pennsylvania Railroad right of way,
now or formerly land of Elder E. Wengerd; thence by land of said
Elder E. Wengerd, North 60~ degrees East, 184 feet to a post and
corner of land now or formerly of Lester D. Burkholder et all
thence by oaid Burkholder land, North 60~ degrees East, 23.5 feet
to ~ iron pin; thence by the same, South 33 degrees 32 minute.
East, 103 feet to an iron pin; thence by the same, South 39 degrees
58 minutes East, 251.4 feet to an iron pin and the right of way of
the Reading Railroad; thence by the said Reading Railroad ri.ght of
way in a moutherly direc~ion 110 feet to a Reading Railroad iron
pin; thel1.Ce by same in a Southerly direction 200 feet, more or
less, to a railroad iron pin; thence by land of the Pennsylvania
Railroad, North 25 degrees West, 39B.3 feet to an i~on pin; thence
by the same in a Southwesterly direction 120 feet, more or lese, to
1m iron pin; thence by a slow arc in a Nort.heasterly direction
approlCimately 190 feet t.o an iron pin the place of BEGINNING.
LESS a small tract. of land conveyed by L.M. Shindledecker, et al to
Betty Lynch by Deed dated the 2Bth day of June, 1971 and recorded
in the Office of the Reco~der of Deeds in ana for Cumberland
County, Pennsylvania. in Deed Book "0". Volume 24 at Page 713, said
tract bounded and described as follows:
BEGINNING at a point on line of land of Grantee herein; thence
Nort:h 60~ degrees East, 24 feet 6 inches, to corner of a retaini.ng
wall; thence in a Southwardly direction 16 feet to a post; thence
in a Westwardly direc~ion 32 feet 9 inches along a rail fence to an
iron pin at line of land now or former~y of the Grantee herein;
thence Northwardly 21 degrees 10 minutes 29 seconds by an arc with
a radius of 789.02 feet a chord distance of 10 feet 6 inches tD the
place of BEGINNING.
BEING the same premises which Patsy A. Coy, widow, by deed dated
Seotember 13, 1995, which Deed is recorued in the Office of the
Recorder of Deeds in and for Cumberland Cou~ty in Deed Book 128.
Page 630, granted and conveyed to Toby L. Coy and Angela M. coy,
husband and wife.
DEC 07 2000 09144
71 77373407
PFiGE.02
. '
Amended Return
Mellon Bunk, N.A.
VS
Toby L. Coy und Angelu M. Coy
In The Court of' ConnllonPleus or
Cumbel'lund County, Pennsylvnnln
Writ No. 1998-2492 Civil Term
Hurold J. Weury, f)(~puty Sheriff, who being duly swol'lluecording tolulV, stutes
on Junuary 5, 200lut 10:35 o'clock A.M.. EST, he served u true copy of the within Reul
Estute Writ, Notice, Poster und Description in the ubove entitled action upon one of the
withinnumcd dcfendants, to wit: Toby L. Coy, by making known unto Toby Coy, at 5
Eurl Street, Extended. Shippensburg, Cumberlund County, Pennsylvunill, its contents and
at the same time hunding to him personully the said true uml attested copies of the same,
Richard E. Smith, Deputy Sheriff, who being duly sworn according 10 law, states
on.Junuary 5, 2001 at 5:05 o'clock P,M" EST, he served u true \~opy of the within Real
Estute Writ, Notice. Poster und Description the above entitled uction upon one of the
within named defendants. to wit: Angela M. Coy, by making known unto Ted Bartnont,
husband of defendant, at432 Newville Roud, Newburg, Cumberlund County,
Pennsylvania, Its contents and at the same time hunding to him personully the said true
and attested copies of the same.
Hurold J. Weary, Deputy Sheriff, who being duly sworn uecording to luw, states
on .January 05, 200lut 10:35 o'clock A.M" EST, he posted u true copy of the within Real
Estate Writ, Notice. Poster und Description on the property of Toby L. Coy and Angela
M. Coy, located at 5 J~arl Street, Extended, Shippensburg, Cumberland County,
Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn a~eording to luw, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the uetion to one of the within
named defendants, to wit; Toby L. Coy, by regular muilto his last known address of 5
Earl Street, Extended, Shippensburg, PA 17257. This letter wus mailed under the date of
January 8. 200lund never retul'lled to the SheritTs Office,
R. Thomus Kline. Sheriff, who being duly sworn according to law, states he
served the ubove Reul Estate Writ, Notice, Poster und Description in the following
manner: The Sheriff mailed a nolice of the pendency of the action to one of the within
named defendants, to wit; Angela M. Coy, by regular mail to her last known uddress of
432 Newville Road. Newburg, PA 17240.. This letter was muiled under the dute of
January 8, 2001 and never returned to the Sheriffs Office.
R. Thomus Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law. exposed the within described
premises at public venuc or outcry at the COlii'll-louse, ClII'lisle, Cumberland County.
Pennsylvania, on .June 6, 2001 at 10:00 o'clock A,M.. EDST, and sold the same for the
sum 01'$1.00 to Attorney Karl M, Ledebohm forA.P, Residential Realty, Inc" it being
the highest bid and best price received for the same. A,P. Residential Realty, Inc. being