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Home My WebLink About01-03133 _"wm''''~' "- .~ ~"'~--~ ' " ..1 " ~..... ~, .~" ,-- "^, ~. -,' '0 " i/":::, l PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE MOTION TO CONTINUE SHERIFF'S SALE AND DISPENSE WITH NEW NOTICE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.3(a) Now comes, PNC Bank, National Association, by its counsel, Saidis, Shuff, Flower and Lindsay, and files this Motion to Continue Sheriffs Sale and Dispense with New Notice Pursuant to Pennsylvania Rule of Civil Procedure 3 I 29.3(a) as follows: 1. On or about May 22, 2001, PNC Bank, National Association (the "Plaintiff') filed a Complaint in Mortgage Foreclosure against Harry F. Davis and Carol K. Davis (the "Defendants") in the Court of Common Pleas of Cumberland County at the above-captioned number and term ("Foreclosure Proceeding"). 2. On or about December 4, 2002, Plaintiff obtained a judgment in Mortgage Foreclosure against the Defendants at the above-captioned nwnber and term. 3. On or about December 4, 2002, Plaintiff caused a Writ of Execution to be issued in the Foreclosure Proceedings and scheduled the real property subject to the Foreclosure Proceedings for a sheriffs sale on March 5,2003. 4. The Sheriff of Cwnberland County continued the sale of the mortgaged premises from March 5, 2003, to June 11,2003, at the request of Plaintiff. , 5. On March 5, 2003, the Sheriff made a public announcement of the continuance at the.regularly scheduled sheriffs sale date. I ;I,~ ....~ .~'""" '"' ~, "'- ~~ .. - -,~; :8f , 6. Plaintiff retained an environmental consultant to conduct a Phase II Environmental Assessment of the mortgaged premises due to the presence of an underground storage tank on the mortgaged premises, and the Plaintiff has not yet received the report of the environmental consultant, and therefore desires to continue the sale until Plaintiff has had a chance to review the environmental report and determine the condition of the mortgaged premises. 7. Pursuant to Pennsylvauia Rule of Civil Procedure 3129.3(a), new notice IS required to be given as provided in Peunsylvania Rule of Civil Procedure 3129.2(a) if a sale of real property is stayed, continued, postponed or adjourned, "except as provided in subdivision (b) or by special Order of the Court." 8. Plaintiff requests the right to be able to continue the sheriffs sale three (3) additional times without further court order but under no circumstances may the sale be continued beyond the September 2003 regularly scheduled sheriff sale in Cumberland County. 9. If the sheriff s sale cannot be continued by Order of Court, Plaintiff will be required to re- file its real estate execution, and incur attorneys' fees and advertising costs relating to the re-scheduling of the sheriffs sale, which will be ultimately borne by Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff the ability to continue the sheriff sale currently scheduled for June 11, 2003, for up to three (3) additional times, at Plaintiff s discretion, without further order of court, but under no circwnstances may the sale be continued beyond the September 2003 regularly scheduled sheriff sale day in Cumberland County. It is further hereby ordered that any such continuance in accordance with this Order shall be done without the need to send new notices to Defendants or any of the lienholders and requiring the Sheriff s Office of Cwnberland County to make a public 2 : ~~~ 'b ,~ ~ ~ ~"' d ~"'"~!OM' .:,,""1 announcement of each continuation, including the new sale date, to all bidders assembled at the sale scheduled for June 11,2003, and on the date of any subsequently continued sale date. Respectfully submitted, SAID IS, SHUFF, FLOWER & LINDSAY uff, Esquire e ourt ID #24848 2109 M ket Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff Date: June 5, 2003 By 3 ~~..l11~Uj;,'iNJ;i;;:t~!l1.t!"i'1'-t,i"'Ri\,!L~!t-'Jilt.1,i<JJWI$h!k~-1k'\!:01'!~AL"*!!~,#';;~j;m!},",;!jJVJi'~1~~;;'.i0e'!1':&;~(;'Mrlf,~']%tE:lhU~'~~~ "" ""'-' _ "_"~ ." ~ ~ .~..~ ~~m v .,~ "",' .....w,~....''''' '. " --~ b . r .'" 'r .;.~ 0 C,:' 0 C ,-..... -" ;;: ~"::::: :--;-3 -onJ !TifT! :'rJ Z::,~_, ZC , -I-~ fT1 (J) .......~ <...,: -'", ':'J -<- '~~;~ !;::::CJ ,,' ::1>1' .-.... --n bc5 -- '-',2c5 )>C Orn Z " ~;} --; 5':1 -< .;:- -< ~; ;r_'=' ~o"'.....,.~ >~~ ~,,,,<........~~ . .- .".1 ." , ~,j>~' ~"'.'<" ' PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEA,S 1"\"'l2003 : CUMBERLAND COUNTY, PENNS~ 2( v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE ORDER OF COURT AAd'Ow thi, ~ day of JU"', 2003, upo" ,,~i_"oo of fu, Motinn to emrtin" Sheriffs Sale and Dispense with New Notice Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff may continue the sheriff sale currently scheduled for June 11, 2003, for up to three (3) additional times, at Plaintiff s discretion, without further order of court, but under no circumstances may the sale be continued beyond the September 2003 regularly scheduled sheriff sale day in Cumberland County. It is further hereby ORDERED, ADJUDGED and DECREED that any such continuance in accordance with this Order shall be done without the need to send new notices to Defendants or any of the lienholders or requiring the Sheriff s Office of Cumberland County to make a public announcement of each continuation, including the new sale date, to all bidders assembled at the sale scheduled for June 11, 2003, and on the date of any subsequently continued sale date. ~~ I l "Rl\~ O~ -Oq-03 J. JJ ',') , ~, ~,~,~ ,~~,~ iilILo~" ~, _ ,l.J\l, " '.~" - .,< ,~'"' "' '1l~~)1J;t!Ci7 \':-')t: Jlly '~'g j)> CUi ,. ';10._ IVtl'''' th ') .'.. PL~';';'-;;' I . .. . tl V'V017.T/1,~~UfVl)' .~ !!'B"'''"" '^""'"' ,~!if-"~~,,, .r4__,""JiJ;,#~~~IIl\,~~,~""",r;[~l'!ft~i;;,,'l"%,*,"-'}~SJ" <-, 7,[;'-'''-1''>' '_~%'f";:' ,tT,Yj:;"Jr*-"H,1I;!":'-;;'j1~;""li~N;,:.e~,IJ:"q;i':',P";,,,,,,,~~,~:, R,!\~:q;*"ir'''''-R'J;'YiM'l'l!1W>(i; (if' ~, 0.., , ,J \///V i:~~"~~'''''''''''~~ - ~'~ .~~"-~' ,- . 1llIIll..' _~......."'....... "J'~' ~, ~..,,'"~'~ ", PNC Bank, National Association VS Harry F. Davis and Carol K. Davis In The Court of Common Pleas of Cwnberland County, Pennsylvauia Writ No. 2001-3133 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Karl Ledebohm. Sheriff s Costs: Docketing Poundage Surcharge Law Library Prothonotary Mileage Posting Handbills Advertising Certified Mail Postpone Sale Law Journal Patriot News Share of Bills Levy 30.00 29.67 40.00 .50 1.00 20.70 30.00 30.00 8.84 20.00 702.50 524.65 25.21 30.00 $1493.07 paid by attorney 7/11103 Sworn an: subscribed to before me So ~ e.~.t:. #~ This~dayof air ~ , n. "" ".. R. Thomas Kline, Sheriff 2003, A.D. 'fur' . Q /1/Id.f!u."JPi ~ r _fill BY_~) Prothonotary Real Es ate Deputy too I. CIe- 'II 'f f J..J R.u.r. /'100 'i I '.~ .'. ~~ "~ ~''''1!i1I'iJj, ,~~ " - ~-" , ',,,,,, " - ~, " '. ";'.t ~, PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, 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 those certain two (2) tracts of land with the buildings and improvements erected thereon in South Newton Township, Cwnberland County, Pennsylvania known as 103 Hammond Road, Shippensburg, Pennsylvauia 17257 as more particularly set forth and described on Exhibit A attached hereto and made part hereof. 1. Name and address of owners or reputed owners: Harry F. Davis 115 Hammond Road Shippensburg, P A 17257 Carol K. Davis 115 Hammond Road Shippensburg, P A 17257 2. Name and address of defendants in the judgment: Harry F. Davis 115 Hammond Road Shippensburg,PPc 17257 n-Carol K. Davis 115 Hammond Road Shippensburg, P A 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: - PNC Bank, National Association 201 Penn Avenue Scranton, P A 18503 Farmers & Merchants Trust . Company of Chambersburg P.O. Box T 20 South Main Street Chambersburg, P A 17201 '.=~'!t~ ~ ~~" "_ .1 - .00- "'~. _~ "0'" ~.~'...~ - '-" "r-:iiii&iil~~';, 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: ' PNC Bank, National Association 201 Penn Avenue Scranton, P A 18503 Farmers & Merchants Trust Company of Chambers burg P.O. Box T 20 South Main Street Chambersburg, P A 17201 5. Name and address of every other person who has any record lien on the property: None 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: Cumberland County Tax Claim Bureau Cwnberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cwnberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cwnberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, PNC Bank, National Association, 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. Respectfully submitted Date: I /, f3-~c7L. SAIDIS, S~_FLOWER & LINDSAY By: 1M. edebo!m1, Esquire upreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Plaintiff ",'_~'" _, __, -'M~_ ~ "~." ,,,' ,,' ~ ..:;,~-> "-,', """"'~g_i", PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE NOTICE TO LIEN HOLDERS PURSUANT TO PA. RC.P. 3129.2 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Harry F. Davis and Carol K. Davis: PNC Bank, National Association 4242 Carlisle Pike Camp Hill. PA 17011 Farmers & Merchants Trust Company of Chambersburg P.O. Box T 20 South Main Street Chambersburg, P A 17201 Cwnberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Cwnberland County Tax Claim Bureau Cwnberland County Courthouse One Courthouse Square Carlisle, P A 17013 You are hereby notified that on March 5, 2003 at 10:00 a.m., prevailing time, by virtue ofa Writ of Execution issued out of the Court of Common Pleas of Cwnberland County, pennsylvarua, on the judgment of PNC Bank, National Association, No. 01-3133 in the amount of Two Hundred Fifty Thousand Three Hundred Ninety Four and 02/100 Dollars ($250,394.02), plus interest from May 11,2001 at Seventy Nine and 75/100 ($79.75) per day, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cwnberland County, Pennsylvauia will expose at Public Sale at the Cwnberland County Courthouse, City of Carlisle, County of Cwnberland, Commonwealth ofPennsylvauia, real estate of Harry F. Davis and Carol K. Davis known as those certain two (2) tracts of/and with the buildings and improvements erected thereon in South Newton Township, Cumberland County, Pennsylvauia known as 103 Hammond Road, Shippensburg, Pennsylvauia 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 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. ~ ~~ ~~~ M' " - ~ ,"I . ~'i~-' . (_,0:" You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunitY to protect your interest, if any, by being notified of said Sheriff Sale. Date: I r/ cb I tJ L- By: , M. Ledebobm, Esquire Supreme Court ill #59012 SAlDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff .... .... .... ~" ..' . .,~ " ~, - j,,,';" ,,~ "' " ""',t!i\<'l>- ",', ."" LEGAL DESCRIPTION FOR DA VIS TITLE CERTIFICATE . AL~ the foUowiog described real ""tate wilh improvemenlS erecled lhereen. lying and heing situate in South NeWlon_ Township. Cumberland Counly. Pennsylvania;-more particuJuly hounded and describcd il3 follows: Tract # I BEGINNING at an exisling iron pin locatcd on the northern benn of Township Route #331 at comer of other lands of the Mortgago13 herein !mown a.s Lot II] A on the hereinafleT described suhdivision plan; thence by said Lot 3,A. North forty-fivc (45) degrees len (10) minules len (10) seconds West two hundred and seventy-ooe hundredths (200.71) fect to a poinl; thence by lhe S!U11e Nonh forty- four (44) desree:s farly-four (,1,1) minutes twellly-cighl (28) sccond.. East lwo hundred fifty and tbree hundredths (250.03) fcello a set iron pi.o; thence by olher land.. of the Mortgagors known as Lot /16 on a subdivi,ion plan prepared by Carl D. Bert, R.S., dalcd January 4, 1978, and recorded in Cumberland County Plan Book 34, at Page 22. South forty-five (45) degrees nine (09) nUnules ilwly-,even (37) second, Ea.st ilnee hundred cighly'seven and farly-seven hundredth. (387.47) feet [0 an existing iron pin; lhcuce along the northern berm efTownship ReUle #]) I alollg a curve (0 the righl having a chord bearing South sevenly-nine (79) degrees twenly-one (21) minules forty-,ix (46) seconds Wes~ a radius of sevcn hundred ninely.nine and two hundredlhs (799,02) fee~ a tangenlofthiny.eight aml!ifiy-seven huudrccllhs (38.57) feel, en arc diSlauee'ofsevenly-seven and eight huudrccllhs (77.08) feel and a chord distance of sevenly-seven and five hundredths (77.05) feel 10 ao cxistiug iron pin; thence by lbe same SOUill eighty-two (82) degrees fif1een (15) minutes seven (07) ,cconds Westlwo bundred lhirty-four and eighty.IWO hundredths (234.82) feel 10 an exisling iron pin, the placc 9f BEG!NNING. Contalning 1.6994 lotal acres and blOwn as Lot 113 pursuant 10 subdivision draft prepared by John it. Kissinger, RS., daled November 13. 1992, and recorded in Cumberland County Plan Book 67. at Page 100. Tract #2 BEGINNING at an exiscing iron pin locatcd all lhc oorthem belTn of Township Route II]] I at corner of other lands of the MOrlgagors known as Lol II] on the hereinaftcr described subdi vision plan; thence along the northero bcrm of said Towoship Route 1133 I. Soulh eighty-Iwo (82)degrees len (10) minules forty-nine (49) seconds Wesl two hundred sixty-seven and forty-onc hundredlhs . (167.01 I) feel to an c:xisling parker kaJou llaillocaled in lhe cenler ofTowns'hip Route /1)]0; UleTlCe along the centerlin~ of "id Township Roule #330 North forty-four (~4) degrees one (01) minule lwenly-sevell (27) 'seconds West two hundred fourteen .nd sevenlv.five huudredtllS (214.75) fcet to a set railroad spike; thence uy other lands or the Managar known as Lot 112 on the hereinaner desaribed subdivision plan, Nonh fony-four (44) degrees fony-eight (48) minulcs five (05) ,eeands East three hundred thirty-two and elevcn hundredths (332.11) feet 10 a point: thence by olher lands of dIe Mortgagor known as Lol #2A on the ahove deserbied ,ubdivision plan. North farly-four (44) degrees forty-eight (48) minules five (05) ,econds East one hundred twcmy-six arId eleven hundredlhs (126.11) feel 10 a set iron pi,,; thence by oU,er lands ofllle Mortgagor known as Lot liS Boud155 rAGdOG~ "'_nK. ""'maL&' IoNO P'cnKINS - "rlonHI['" AT LAW _ Ill; e:...ST KltoC $.TnCf'T M ~""""IIl:N$oVI'\G. 1'''. 11:1:51 QP~_lA_1QQQ I~:?~ ...,....,,.,..,....,.,..., ;'.;',,;, EXHIBIT . '., r'~~~E~ -~ f'<LM ~- : 1',-; r'~_" "_ - "' -" ~""- c,~, J 89:47 PNC 8US 8R-A< ~fll'1PTH fi o 7177744738 P.8S (' .~ .' (""tbe h.relnal\.c1" described subdivision plan So~th forty-five (45) degrees eleven (11) minute! f1fty- :;':. (55) scconds East thirty-four and thirty-two hundredths (34.32) feet to a point; thence by the ,iUIle South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East one hundred fally-one and scventy-Civehundredlhs (141.75) feel 10 a set iron liiii; lhcncc by other lands of the MOllg.gOlS herein Io,own as Loll/] au the hereinafter described ,ubdivision plan South fOlty-four (44) degre.s forty-four (44) minules twellly-eighl (28) second, West two hundred flily and three hundredths (250.0J) feel to a point; thence by Ule Sarne South fony-five (45) degrees ten (10) liIinule$ len (10) seconds East two hlllldred and sevenly'one hundredlbs (200.71) feel to an existing iran pin, ille place of DEGINNING. Containing a IDlallot area of2.4445 acres and known as Lot 11'5 JA and JD pUC3uan1to subdivision draft prepared by John R. Kissinger, R.S., dated November 1 J, 1992, and recordcd ill Cumberland County Plan Book 67, at Page 100. ,~!..~. . '. ;,: t.'~ ': ''t.., ;,., . ,- ,. ' ,! ~ ~,"'::"?;~l.:i.:.':::'...I,:,.~~..':..::J.~.~:..".'.:..:~.~"t:~.,..:'-.,.,:..,.;.~..,.._:.,.~.~,~,:....,,:.__,':"~-""'~'".:"l,'~::'."":"":'~:';'" , . JfJ;fJr{l' . ....- :,>';;.,., -, '~$~.~H~ ABOVE',TRACTS BEING'p~r\:;p'.~'2h:E!.::' same real estate wh' h ". ~,,\.!:,t'~'. ays and Wanda L. Mays' 'hu'sba "d..' d . . ~c .~~~'d':,;s'eptember 4, 1:987, and re~oi::' ,,~,.,an w~fei' by the~r deed ~~me'!32 at Page' 22 . ,.' . qed, :Ln:.Cumberland County Deed Book Y }'hi'.:'Ki..... ' , conveyed to 'HaJ;fy ,;F,' Davis and Carol K D . ,,:t~.. .....:~;...' " ...'. ;~". . av~s. ;:~'!~,%, ..,' .;':t,;.~;., :'." ,.',.r,!"ilt,..~~..."1;",""I;:',,, ., "..c'.ai"'" ""." ~'1~r,-r- :' . ~ .;.', ~ ~ .:,! '. '.' '. ~ ~> ,." - > ~" ,I _ ,_ ''-~"'''"*~l'm.:'~ PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN tHE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 5, 2003 TIME: 10:00 a.m. LOCATION: Cwnberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description maiuly 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: on those certain two (2) tracts of land with the buildings and improvements erected thereon in South Newton Township, Cwnberland County, pennsylvauia known as 103 Hanunond Road, Shippensburg, Pennsylvauia 17257 and as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof by reference. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. Harry F. Davis and Carol K. Davis, Docket No. 01-3133 in the amount of Two Hundred Fifty Thousand Three Hundred Ninety Four and 02/100 Dollars ($250,394.02), plus interest from May 11, 2001, at Seventy Nine and 75/100 ($79.75), costs, attorneys' fees and for foreclosure of the mortgaged premises lmtil the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Harry F. Davis and Carol K. Davis. ~ '- ~ -'-. .~ , ~ ~ .. t- c'... "", 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 muuicipalities 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 abQut 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. TillS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cwnberland 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 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. . 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 attomey for the creditor or on the creditor before presentation to the Court ...~ ~~~ ~"n ...'" --,,- r: 'll:~;;';' and a proposed order or rule must be, attached to the petitiofi. 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. A copy of the Writ of Execution is attached hereto. SAlDlS, SHUFF, FLOWER & LINDSAY arl M. Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Plaintiff Date: 'uf4(CJL By: . ". ' ~~""="'~Il'>'OC" ". ~w~__ ." ~,.-.....,;jo,-.J~~~\\- I.,,-~,,~,- . ,." .... ",,', .:.1. LEGAL DESCRIPTION FOR DAVIS Tfn.E CERTIFICATE , ALL, the foUowing described rea! esta\.e wilh improvements erected thereon, lying and being .ituale in Soulb Newtol!. Towc.sl1ip. Cumberland County, l'ennsylvauia;-lDore particulatly bounded and described"" follows: Tract # 1 BEGINNING at an existing iron pin localcd on the northenl benu of Township Route liD 1 at COmer of other lands of Ihe Mortgagof3 herein I<:nown as LOIIIJA on lhe hereinafter described subdivision plan; tllence by said Lot3A NorUI forty-live (45) degree. len (10) minulc, len (10) second. We.t two hundred and .evenly-one hundredths (100.71) fect 10 a point; thence by the .ame Nonh fony- four (41) degre", forty-four (010\) minutes twcnty-cight (2&) second. East two hundred fifty and three hundredlh. (250,03) fcet 10 a Set iron pin; thence by olher land. of lbc Mortgagors known as Lot #6 00 a .uhdivision plan prepared by Carl D. Bert, R.S., dated JanuaIY 4, 1978, and recorded in Cumbcrland County Plan Book 34, at Page 22. Soulh forty-live (15) degree. nine (09) minutcs thirty-.even (37) seconds East three hundred cighly'seven ond forty-seven hundredlbs (387.47) fect 10 an existing iron pin; thence along the northern beml of Township Roule liD I along a curve 10 lhe rigbt having a chord beating Soulll sevenly-nine (79) degrec. tweoty-one (21) minutes forty-six (46) seconds West, a radius of scvcn hundred ninety-nine and lwo hundredlh. (799.02) feet, a langentoflhirty-eight and fifty-seven hundredths (38.57) fcet. nn arc distaucebfsevcnty-sevcn and eight hWldredths (77.08) feet and. chord distance of seventy-seven and five hundredlbs (77.05) feet 10 an e:dsdng iron pin; thcncc by the same SaudI eighly-IWo (82) degrees fif1een (IS) minutes seven (07) seconds West two hundred thirty-four and eighty-two hundredths (231.82) feel 10 an existing iron pin, thc place <if BEGINNING. Conlaiuiug 1.6994 total acres aod known as LOl Ii) pursuant 10 subdivision draft prepared by 101m R. Kissinger, R.S., daled November 13; 1992, aod recorded in Cumberland County Plan Book 67, at Page lOa, Tracl1l2 OEGINNING at an existing iron pinlocalcd on lbe northern belln of Township Route #)31 at corner of other lands of lhc Mortgagors known .. Lot #3 on the hereinaf\cr describcd subdivision plan; thence along thc northern bcrrn of said Towoship Route #3) 1. South eighty-two (82) de!lfee. ten (10) minutes forty-nine (49) sccollds WeSt two hundred sixty-seven and forty-onc hundredths (267.'11) feeL 10 an .:xisling parker kalOllllaillocalCd in tbe ccnler of Township Route 11330; thence along the centerJioF of said TOWD..hip Roule #)30 North forty-four (14) degrees one (01) minute twenty-seven (27) seconds West lWO hundred foUrteen and scveut({,five hUlldredt!" (211.75) feet to a set railroad ,pike; thence by Olhe,' lands of thc Mortagor known as Lol 1/2 on lhe hereinat\er desaribed subdivision plan. North forty-four (44) degrces forty-eiehl (48) minutes five (05) ,.eands Ea.sl three hundn:d thirty-two and eleven bundredths (J32"lt) fcet to. point; thellce by other I.ods of lhc Mortgagor known as Lol1l2A on the above de,erbied subdivision plan, North fony-Cour (14) degrees forty-eight (48) minutes live (OS) seconds East one hundred twenty-six and eleven I\Ulldredlhs (\26.\ \) fcet to a set iron pill'. thence by other lands of U,e Mortgagor knOWll as Lot 115 80IJK1155rAGE10m '..u.n~. ....l!JG__. "'NQ p'"tCINS _ ...l'TQJtNCVS AT __A.w _ lte. I!:...ST IU,.c: S""t:ET _ ~"'I""'l!:NSOYRG. P.... 1'25' QPP_\d_\QQQ t,:~~ ..,"..,n..,....,.",., :c;'.~:.:,'cEXHIBIT" , .-'~ri~~:.~!~~;j~';~ :".' :': .::.~::~,:.~~..':_',;,:.;~'.~~:,,:\? ,,l'j't'''''''''.L . " C' ,,',' ~,';,}~..A<:: ;:,'i'). '.-,:,..,.~',':}: .i:~~t:.~t;'~,~;;::~~~ll - ~ "-~ ~'. ;,.;', "...."",," "tr'::;;; :! . APR-12-1998 89: 47 PNC BUS BPH< H'\~1PTH ~ o 7177744738 P.8S ( .~ ~~'i.: . I' ~' i""'lhe "erdnal\.cl" described subdivision plan So~th forty-five (45) degrees eleven (11) minutes fifty- ;~:e (55) scconds East thirty-four and thirty-two hundredths (J4.32) feet 10 a point; thence by Ute s<uue South forty-five (45) degrees eleven (II) minutes fifty-live (55) seconds East one hundred rOl1y-one and scvcnly-livc hundredth. (141.75) foct loa sel iron liiii; thence by otherlands of the MorlgagOf' llelein known as Lot 113 ou llle hel einafter described subdivision plan South forty-four (44) degrees forty-four (44) minutes twcnty-eiulll (28) second, West two llundred fUly and three hundredtl19 (250.03) feel to a pawl; thence by Ihe sallle South fony-live (45) degree. ten (10) minutes ten (10) seconds East two hunrbcd.and sevcnty-one hundredlhs (200.71) feet 10 all cxistiijg iron pio. the place of BEGINNING. Containing a 101allot area of 2.4445 acres aud known as Lot II's JA and 3D pur,uantto subdivi.ion draft prepared by John I\.. Khsinger. 1\..5., daled November 13. 1992, and recorded in Cumberland Couoly Plan Book 67, al Page 100. .~; '. I i;;~:{('~-? ; :>:,!-:,~'l~,}t~::-? "..,. ~~~~::" .......... '..','" .j. "t, ~ -"""i6 .,.~, ",,~"','''i'''- . : ":. ': '~_" ,::.-:;. ;~;~~Z; i~rr~j~}~~~;J;j,~L~~:";t\:.,~ '. . . ' . -. "~'~'" .. ....~.. jll... '(o.)\l::!!?'d.<lt,~". .".' . " . .,:','f,t'.\t~"::""",,,,,;;,::,',"".'...-.'.l~..,:,::'" .. W ,,' "Hi .,. .. '", , .:.. . . ' ' ,,' '.. ,:',~~:;'::::~~ff;~ty~~:.;.;.,::.:.' " :.",,.,,,.;,.J~';;r:HEABOVE; TRACTS BEING 'part f' th real "l.l7.");I-l" p" Mays and W d ,'0' '::. ""ii:' same esta te which ~~~~'cf;;)s;~~tember 4, ~:~8 ~, \n~a~:~o~U'Sb~~'d -and wife;, by their deed 'fi;lilll1:m!3'f32, at Page' 22 conveyedt ,~~d ~n.,Cumber~and County Deed Book Y '~'.Y, ";;},,i'.:";",'.., " . 0 . artY ,,F,'Dav~s and Carol K. Davis t. f ~,I ," ..~. ' ~... ~s. '. ..... .;..' . I .,\:, 1t"~~I'"' ',. ~ f.l 'P',.'".'h-,..:7....'~> t'. ,..,')!"1',..... -..'. :)jf~;~r..:/ ";':' . ',' I .-' .~.';..'I, ~ . "'" ,~,;!,-'-;--~ '.r, . " " ".J .. --~. l~ -~. ,~- " '^ '. =, ~ ~ ",,~.' ~ , . ",', ,,~,' _ l'~, " .'""""".- :H PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. Respectfully subruitted, Date: rrl<b(d~ By: FLOWER & LINDSAY ;:F'~':""-' .~ arl M. LedeboIuTI, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attomey for Plaintiff -.,.-. ~"~~~~->,~,,,,,"---'""~'\'"" >~"""-~,-"''''.- ~ "-"'_M&'""".C__""~' -..,'~~ ....' ~ ' , ~ . " r '~:ilQ!liI""""'"''''''''-~~.!I\!;;1;'''''''ili,j"'G'~'\,, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANTA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK NATIONAL ASSOCIATION, Plaintiff (s) From HARRY F. DAVIS AND CAROL K. DAVIS, 115 HAMMOND ROAD, SHIPPENSBURG, PA 17257 NO 01-3133 Civil CIVIL ACTION - LAW (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifprop'erty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a , . garnishee and is enjoined as above stated. Amount Due $250,394.02 Interest FROM 5/11/01 AT $79.75 PER DAY L.L. $.50 Arty's Comrn % Arty Paid $124.68 Plaintiff Paid Date: DECEMBER 4, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG 1 ,4 (Seal) protha; 2- 7?(u '-By: <10 of? ~' 11/2../'Sr ,;- Deputy REQUESTING PARTY: Name KARL M. LEDEBOHM, ESQUIRE Address: 2109 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court ill No. 59012 ;&'M~i(ilM!lil'~2.l!tb",;c,"'H-".-,-, ~,'" i , ,;,,' ;""i,,,i,i:jii~<:;,,"j~,:-i,,,,_q',";,~"('+,'''',d..-' L_ - t,_z ,,; "L,<.I~IIIL 'L l_,_,>.. '-,~, ;",_"",~,,,,-,,y,,~,~;,'-,,~,,;0;iWM<i:mID~.f-"'~'JAAllll<bllilt,,,,,,,.,,,,,~,,.,;,,,,,,,i1iiili~l';;;..,="'\i.' "'-I:ild~1!!I:'>l~"'" >" ",f,1~-"~,,,,",,,,.L~,,,,,,," " .' ,~ - -1iIiii;I~'_i Real Estate Sale # 42 On December 9, 2002 the sherifflevied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, P A known and numbered as l03 Hammond Rd., Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 9, 2002 By0ocU/ Smd ~ Real Estate Deputy 'L"", j:,,~ ~~;.1 ~ ~"",.- ~,~. ~'''''.-' > ,~," ~'- ~'" '1\\ \, ca ~ ~ ~ Ii ~~, ~ "---RcAl::EiSTATE-SAI:E''''(''-42--- - , , Writ No. 2001.3133 CIvil Term PNe Bank National Assoc. " VS. Herry F. Davis . . -And Carol K. O~";ls . .. " Afty: Karl M.1.edebohm . DESCRIPTION ,AiL Jh,c fullowmg 00i0:1bed ~1 estate ~jth 10lproveTn~~ts ero:ted th.ereon, ,~'~g and bel~ 'l;il\lale in South Nev.-ton l(lWtlSi:IlP, Cumberland County, PCJlDsylvanitl more partlcul1ltly bounded , and described as fallows: , , TRACT NO. l: BEG1N~1NG al an ex\~tlng Iron , pin located on Ihe nonhern b~rm (If 'fnwnmlp -Route 1f;3]l at COl11Ct' of other larrcls -(If the ,~orlgagors herein"krmwn a~ Lot ffJA on the hei(ltnafter de~cribed :iubdlvision plaw thence, by :''5'aidLot3ANorthforty-fil'e(45)degrcesten(10} "minutes teu (10) seconds We-st two hundre<rand , ::;;eventy-one bundredths \.20tL71.l feet to a polnt'. ',thence ,QY 1b~ ~nlf North forty-four (44) degree;, ~fo'itY-Ioljr (44) minutes t;,,~my.eight (28) seconds ,:"E'aSt ~'o, hundted fifty' and three h:undiedth~ '(1~O;l)3) feet to ase1 irOIl'p1l1; thence by other , 'l'.wd~ of the Mortgagors' known ,I, Lot #6 on a sub-division plan prepared by C~K D. Bert, R.~" i' dated" Januar\' 4, '1978, ilnd recorded m Cumberland County Plan ~ook, 34,,<11, P:l~e 22, , 'Soiith forty-five (45) de~J'ces nine (091 mtnut~ , thirty-seven (17) seco:li(Js East three ltunilred, " ,:~$lity-severi 'an,d forty-~~el1,nllndred!ns'(387 .47) :J~t to an CxlstiOS: iron pin; thence along the 'li.citthern berm of TO'W'l15hlp Roule #331 along a CUJ:VC fl.1 the right having a chord bearing Smith -se~enlYl!ine (79) dCb'rees, .:-wenly-onc. OJ) , minutes forty-slx (46) seoond~ \\1;st, a radius of ; ,'~e\'en hundred n[nety~nlnc and two hundredths ,", \199.02) fect, a I;mgent, of lhirty-e:ight ~Dd fifly- , '-sevel1 hundredths (38.57)feet,llullrcdlS/aflceof '\t.'Venty.se\'l:u and eight hundredlh~ m,(8) feet ':'<'\11Q a chord dislanC,e {lfsc\'tnty- seven anrl five )"'hUndredths (77.05) feet to <ill existing !roil pin; ': :'thence by- the ~arl\e SOl.lib clghty-~\'IO (8'2) ^'<ieg~ees fifteen (15) mimJ~es seven (Qil seconds ,,:,West IWo bumlred !hiny-lour and ~gh\y-two :, Jwndredths (234.82) feet to an existing mllt pin, I,::':'th~ place of BEGINNiNG, Con~alning 1.6994 :,triful acres and known ,as Lor #3 pursuant to ^~/Jhdirision drnft prepared by lahn R Kis.s.iug~r; R..&., dated. November 13, 1992, and recorded In ::Cumberland COUIl~' Plan Book 67, at Pag!:;' 100. ::'TRACT NO. 1: B1icJ1NNlNG at an existIng iron pIn ..located on the northern bc:an or T?w.~hLp ;'ROtife "#331 at corner qf oiber lands Of 1he ,'Mort,gll.gOJ:$ known a~ Lot #3 on Ihe hereinafter "described subdlvision ,Plan; thence along, 1he :northem benn oLsaid -T(1\vn~hip Rou[tdml. , ::SCll.th eighty-two \'82) degrees ten (10) mi~tJtes '":fortv-nine (4;)) seronds West lwo hundred su.ty- ;:1bven and foIty-one bundredths (:267.41) feet to ":an"existin""p.ll'kerkalou nafllocate<fin theccnter . :,0[' ''Iown~ip Route #33D; thence ,along the '-Celllerlille or 5ak1 Township Route #330 North :furty-foUI" (44) do;:gtees on~ (01) miume,twenty-" :se\'en ('2,7) seconds We.~t [wu bUlldred fOlJrt~~n, :''J:Jn(i ,stWnly-f1ve hundred~s r-14~.?Sf feet ~"a set'- . :':ra,iWiid spike; thence b~, ofue(Ja,~d,~:, ?f the " ",:,MQ'i:ma,gor known a~ Lof '~2 00 the h~remafter :':::i:lest-rlbed s~t?jvh!~,Rl~'0~o~ .0rt)'-four (4-i{_ '~~i~rl?lffr~igb.r-'{<mr~!l1Jnutp:s--~;r'~ "(/}5)" ::'~l),~.s, Eas{,tp:~ Hljl,Wrcd. iliirly~'t~'d ~d ,e,Je\'en' ::,-::'iUriill@"tlli,:QJ2...I.li,feet fu a polilt; ~nte "0)' '.-,'?tiI~:Jilnd,s, or the Mortga~r known '8'$,101 #1..-A ' ':'~:o:i(~c' ahoW'QcscrIbcd subdivl"ion rilap., North - ';W~':four'{44i,:'degices furty-Hght (48):,mipule&, ;:llve:...(05) secbnds gast one hundre,d r:;Y'elflY-six ' '::::'~d-:-:~[~vcn, hundredths 026.1 J) fed 10'- ?.::-~ Jron :j;liil;'flj,E;Jl,ce:b)' o!17er lands !jf the M.pr\gagrn: :.;,:X110~ll''it5~,:'~(j(,#5. ,on e, b~ina11et ',Q~SiJi,~~ ."-:::~ubdivision' 'plan' South, fmty-i'h'e i4Sf 'OegrCe~ 'L~1.~yen (l \) minutes Jjffy-fi...e (~5} sec-ond~ East ':i,:i1imy;fDiita.lld, thirty-two hut!dreclth~ (3431) feet ',-,'ti{a::j1\?llit:'llience bY.1.~e:'SMie Sooth tort}.-tj've ::,:'\45)A~ree~ cleven (Jrmlnu!es iifiY~fi.'w:{55f':,: ::';:'5Wjn$~):<lsf or(e ~d.rcd forty-one antl.'teven!7~ ,; :"fj;\'e,,~~~rcdths/l4P5) feet to a s~, lwn plii;'" :Jne'~cd by uihcir)an,c),s of /he Mortgagors hereM, ,Jtllown: ,J:!~)~9f #3 on lhe hereina~er descrlbeij ~5iJbdi";J;;i~i'{pJan South forty-four (44), degret~ ,:'- ,::~~}'~~.'(441 mln~le~ twerity-ci,g.ht (18) SlxO,lJO(: ..,..WcM ',t\yjr:',h,undre~ fJJ:'Iy ;llId three hU'lidtedths ," :' ~9J)j:rfe~,i.'t9'a,P.i?Jrit;"{hetice ~y the ,Same SoQ.!h' ::,[?rtH'[ve'~45} d,ewec's tell (fO) niinute:~ ten, (In).',; S~"QtId}~)~~~.. tWO" ~U!lPrt'd and r sevootv-{llle" ,~,fri1i1,9~A,!h5 (2oo.7li feet to <Ill eX1stlrig.il11ii 'pin; :i~,1!.~~~ofR.,EGINNL'fG. Containfn.((il 1titill Jot :--.area,:Of:2A44::J acres ahd knowl), <!:> Lv! No,~: 3A ':.- and 3B"PUl~! i9 ~vislon, dra{tpre,pa~d by -,John "R: "kisSInger.: ,'R.S:":, datea 'Novembei:'13~ " [992, ami recorded 1D Cumberland Counlv Plan ',J:l:ook67,aiPageJOO." .....:,'..'::.., '..:.: OF ,TtlE A80VE, :tRACTS being ~il:i'(o.t,'" fedLe!!tate WfiiW;pavl,~ ,,~',~~aj~' .~,4,,:,; ~iid:1Y.il?))y,tl.ii.'1i:'dctfd: ,,~~t~~~~!~~,d<~~, ,<:lH ,~'". - ~. . I ". ~ - '. . - " 'M!~ .I , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16. 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg. County of Dauphin, State of Pennsylvania. owner and publisher of The Patriot-NeWs and The Sundav Patriot-News newspapers of general circulation. printed and published at 812 to 818 Market Street. in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established 'March 4th. 1854, and September 18th, 1949, respectively. and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s} of January and the 4th and 11th day(s) of February 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time. place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M". Volume 14, Page 317. PUBLICATION COpy S ALE #42 Nolana e Terry L. Russell. NotarY P CIIy ot Han\SbUtll, Daupl1\l1 Cou My CommIssIon expires June 6. Pennsylvania Association 01 Notaries Member. My commission expires June 6, 2006 .J.. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ; Statement of Advertising Costs To THE PATRIOT-NEWS CO.. Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 522.90 1.75 524.65 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... - -~ ~ ESTA'l'E SlI\LE N<I>. 4lI Writ ~lo. 2001-3133 Civil PNC Bank National Association vs. Hany F. Davis and Carol K. Davis Atty.: Karl M. Ledebolun EXHIBIT "K LEGAL DESCRIPTION FOR DAVIS TITLE CERTIFICATE ALL the following described real tat with improvements erected es e t . thereon. lying and being situa: e ill South Newton Township, Cumber- land Connty. Pennsylvania. more par- ticularly bonnded and described as follows: Tract #1 . BEGINNING at all existing Iron in located on the northern berm of ~ownship Route #331 at corner ?f other lands of the Mortgagors h: known as Lot #3A on the here - ter described subdivision plan; thence by said Lot 3A North forty- flVe (45) degrees ten (10) minutes ten (10) seconds West two hundred and seventy-one hundredths {ZOO- .71) feet to a point; thence by the same North forty-four (44) deg-:ees forty-four (44) mlnutes twenty-eight (28) seconds East two hnndred fIfty and three hnndredths (250.03) feet to a set iron pin; thence by other lands of the Mortgagors known as Lot #6 on a subdivision plan pre- ared by Carl D. Bert. RS.. dated ~an~ary 4. f 1978. and recorded in Cumberland County Plan Book 34, at Page 22. South forty-t1ve (45) degrees nine (09) minutes thirty- seven (37) seconds East three hun- dred eighty-seven and forty-seven hnndredths (387.47) feet to an ex- isting iron pin; thence along the northern berm of Township Route #331 along a curve to the right hav- ing a chord beari.ng South seven~- nine (79) degrees twenty-one (21) mm- utes forty-six (46) seconds West: a radius of seven hundred ninety~rune and two hundredths (799.02) feet. a tangent of thirty-eight and fifty- seven hundredths (38.57) feet. an arc distance of seventy-seven and eight hnndredths (77.08) feet and a chord distance of seventy-seven and five hundredths (77.05) feet to an existing iron p1n~ thence by the same South eighty-two (82) degrees fifteen (15) minutes seven (07) seconds West two hnndred thirty-four and eighty- two hnndredths (234.82) feet to an existing iron pin. the place of BE- GINNING. Containing 1.6994 total acres and known as Lot #3 pursuant to subdivision draft prepared by John R. Kissinger. RS.. dated November 13, 1992.,and recorded in Cumber- land County Plan Book 67. at Page 100. Tract #2 BEGINNING at an existin~ iron pin located on the northern term of Township Route #331 at corner of other lands ofthe Mortgagors known as Lot #3 on the hereinafter described subdivision plan; thence along the northern berm of said Township Route #331. South eighty-two (82) degrees ten (IO) minutes forty-nine (49) seconds West two hundred six- ty-seven and forty-one hundredths (267.41) feet to an existing parker kalon nail located in the center of Township Route -#330; thence along the centerline of said Town,ship Route #330 North forty-four (44) de- grees one (01) minute twenty-seven (27) seconds West two hundred fourteen and seventy-five hundredths (2.14.75) feet to a set railroad spike; thence by other lands of the Mort- agar knOWJ1 as Lot 112 on the here- inafter described subdivision plan, North forty-four (44) degrees forty- eight (48) minutes five (05) seconds East three hundred thirty-two and eleven hundredths (332.11) feet to a point; thence by other lands of the Mortgagor known as Lot #2A 00 the above described subdivision plan. North forty-four (44) degrees forty- eight (481 mlnutes five (05) seconds East one hundred twenty-six and eleven hundredths (126.11) feet to a set iron pin; thence by other lands of the Mortgagor known as Lot #5 on the hereinafter described subdi- vision plan South forty-five (45) de- grees ek:ven n 1) rn~TllJf-..'ij Bfty-five (55) seconds East thirty -four and thirty-two hnndredths (34.32) feet to a point; thence by the same South forty-five (45) degrees eleven (11) minutes frlly-five (55) seconds East one hundred forty--one and seve:p.1y- five hundredths (141.75) feet to a set iron pin: thence by other lands of the Mortgagors herein known as Lot #3 on the hereinafter described subdivision plan South forty-four (44) degrees forty-four (44) minutes twenty-eight (28) seconds West two hundred fifty and three hundredths (250.03) feet to a point; thence by the same South forty-five (45) de- grees ten (10) minutes ten (10) sec- onds East two hu,,'1.dred and se-.rcnty- one hundredths (200.71) feet to an existing iron pin. the place of BE- GINNING. Containing a total lot area. of 2.4445 acres and known as Lot #'8 3A and 38 pursuant to subdivi- sion draft" prepared by John R. Kissinger, RoS., dated November 13. 1992. and recorded in Cumberland Connty Plan Book 67. at Page 100. ALL OF TIlE ABOVE TRAcrs BE- ING part of the same real estate which David L. Mays and Wanda L, Mays, husband and wife, by their deed dated September 4. 1987. and recorded in Cumberland County Deed Book Y. Volume 32, at Page 22. conveyed to Harty F. Davis and Carol K Davis. - - .......iC "'i - .,'-" ,,~'''''''"'''.. '~A~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cwnberland Law Journal, ofthe County and State aforesaid, being duly sworn, according to law, deposes and says that the Cwnberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cwnberland Law Journal on the following dates, viz: JANUARY 31, FEBRUARY 7, 14,2003 Affiant further deposes that he is authorized to verify this statement by the Cwnberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. .. SWORN TO AND SUBSCRIBED before me this 14 dayof FEBRUARY. 2003 Not LOIS E. !!:~fOER. Nolsty PublIc Carililla SOiO, CLlm~'CounIY My Corfli'liisslon ElipIres March 5. 2IlO5 .~~ f.., O'if'" ,...""'''"''' I,~ ~.'~' - " L,',._ ilIlII~,\ .. '" t PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) AND NOW, this 14th day of November, 2002, I, Karl M. Ledebohm, Esquire, of the firm of SAIDIS, SHUFF, FLOWER & LINDSAY, attorneys for PNC Bank, National Association, Plaintiff, hereby certify that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. RC.P. 3129.1 with the Notice to Lienholders Pursuant to Pa. RC.P. 3129.2 and legal description in the Uuited States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my return address. Copies of these certificates of mailing are attached hereto and marked as Exhibit "A". Cwnberland County Tax Claim Bureau Cwnberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cwnberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Farmers & Merchants Trust Company of Chambersburg P.O.BoxT 20 South Main Street Chambersburg, P A 17201 PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: "'''~'<''~"'''' ,c,~,=~~. ,~I-"'= II<<Illlh .~ ~" ~. ~'.' '~. "- ~1'''' ~...,i",,;,-;~,,< S;:l q,P ~\-,\'Vy u.s. JOITAL ~ CERTIFICATE 0' MAILING rg> (5: t'~"() 3c;'~ _ ._:::rool '-' ~ _-c -..... "",::1:5 . ::::..~ ]108 ~ ~ :!1i;1~ ::><:"00" )>~=E...I " CD..< ..... CI)"" ;5 -....::t QO-- 0(1) !: .....(1)r-Z .....4~_.G) ;:, 0.. (I) I>> '< ;, i ~ '( amt$:"'Shuff, Flower & Lindsay . 'b~O \\A~ , :J;9 ~ CERTlU;'c~Nr=,_ ~1;1"i""\ a.i.Qioi~..shufft Flower & lindsa! \\1\ ~c: '1' ", ;l11 Camp Hill. PA 1701,,' !~~\ '1~ Vn:," fFit~~~~ ~!'i (11',0 \~, L, 'Dt>. " no\~ ' ". MAY lII! UII, D POll "liCiiIEiii,c C <lIIiD.iiliiIIiiii...... . POR ........NtI - ~'. f ~.:= .17 ou.s.Clonmmem t:,;., s:: \ ~ .' ~ ,~rb t~l!{fiy '" i\> <~" j'l U"'POITAL~ CERTIFICATE OF IIIIAILlNG I ') t aid1S~shuff,flower & Lindsay 21 ~ ~treet amp e... t\ \\ \~ MAY Ill! UIlID _ IX*EI1IC AIlD ,rmlllNA11DNA': II !lOR _1III..fMCI -1IOfITIIM"d'1l .~.:= .,17 0'0.$. Government, ';; (" " Ii '-:); c.,,' \ f~. 6 ._"..<:~J ,\ ,.i ,...v'i -'It ! ':? I ;~\ ", c:::-; '.;' ':.1 ~:~\ , ",,,JUIUL~ -i:i~Mi"~ilm~I~Ml!J_'Uti!~);,~!Fi'#M!I:1t,,!;;',;R;";;:~:1J"~'~ ~~;,-,-,,<,:'" >,"''''i!HoH~' <;. ~~ "~-.' ~[~.,;;"JJlll,);J:'~liJj. " JJIJ1~ ~",4)j~.~~:". ',~ ,'"",',""",-"", ,'.P >".",,,,',~,,,,.,, . " ., n:iWL~lli , ~..Jjl!l!lii'illlil~' ~~"iilii{""}'~ ,(~,'.. ~ , "L,,;. _ e'" , 0 CJ ' , C P";' --T1 .,,- ~- . ~"" -r) ,'" C) .n ,--'-, .-- -, Z f7',;- :Z~_ , :~ (i) '0 -J , -< Cl !~:: ," :;;--, ::1 ~. , - /~;, C') )> ~.-' :5 C,~) r;'] ~~ -""t L:'" t:- -"", :) :0 ~ -./ !!l'! oe-~; /, ". I,. ~.~..,I ,_ ~ ~';M""" ....' ~ PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE PRAECIPE FOR JUDGMENT Please enter judgment in the above-captioned proceeding in connection with the Motion for Partial Swnmary Judgment in favor ofPNC Bank, National Association and against Harry F. Davis and Carol K. Davis in the amolrnt of Two Hundred Fifty Thousand Three Hundred Ninety- Four and 021100 Dollars ($250,394.02), plus interest in the amount of Seventy-Nine and 75/100 Dollars ($79.75) per day, through the date of payment, including on and after the date of entry of j1A,c;lgment on the Complaint, and costs and additional reasonable legal fees, and for foreclosure ,(,.' , and sale of the Mortgaged Property more particularly set forth and described as Tract Nwnber 1 and Tract Nwnber 2 on Exhibit "A" attached hereto and made part hereof and as more particularly set forth and described as Lot 3, Lot 3A and Lot 3B on the Plan of Lots entitled "Lot Additions for Harry F. Davis" by John R. Kissinger, Surveying recorded in the Cwnberland County Recorder of Deeds Office at Plan Book 67, Page 100, on March 9, 1994. Respectfully submitted, SAIDlS, SHUFF, FLOWER & LINDSAY Date: / l /2-/0 Z-- huff, Esquire ourt ill #24848 2109 M et Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Plaintiff - " - , -~ ~, ~ - ,~'...... ,> ,,,' " , '". ',I', :.1 LEGAL DESCRIPTION FOR DAVIS TITLE CERTfFlCATE , AU" the foUoMog described real estate Mlh improvemenlS erected lherco", lying and hcing .ituale in South Newlolt TOWllShip. Cumberland County, l'consylvmia,more particularly bouuded and deseribcd "" follows: Tract # 1 BEGINNING at an existing [ran pin loealed on lhe northem benu of TOWD5hip Route 1/331 at corner ofolher lands oflhe Mortgagon herein knpwll as Lol /l3A on the hereinafter d...cribed subdivision piau; then~e by said Lol3A North forty-five (45) degrees len (10) minulcs len (10) secoods West two hundred alld .evenlY-Ooe hundredths (200.11) feet to a poinl; Iheoce by .the .nme Nonh forty- four (44) degrees forty-fuur (.1-1) mhllltcs tweuly-cighl (28) seeondl BasI two hundred fifty amI tlJree hundredlb. (250.03) feel to a set iron pin; lheoee by other land. of the Mortgagors known as LOI #6 on a .ubdivi.ion plan prepared by Carl D. Bert, R.S., dated January 4, 1978, and recorded in Cumberland County Plan Book 34, at Page 22, South forty-five (45) degree. nine (09) mjnutes UUrty-seven (31) seconds East tI.ree huodred eigl!ly'seven and forty-seven hllndredU" (J 87,47) fecI' to 1UI exislil\g iroo pill;tlleuce aiong the norifiem bemt of Towns;.ip Route /I)'H along a curve to tile right having a choro bearing S,outh seventy-nine (19) degrees twenty-ooe (21) minutes forty-.ix (4/;) .econds Wes~ a radius of seven hundrcd ninety-nine and two hundredlll3 (199.02) fee~ a laogent ofthirty-eigbl and any-seven hundredlhs (38.57) feet. no arc "islaoce of scveuly-seven and eight hundredths (17.08) feet and a chord dislanee of seventy-seven and five huodredths (77.05) fecl 10 an existing iron pin; UlCOce by the same 50uU. eightY-two (82) degrees Iif1een (15) minutes seven (01) secoods West two huudred thirty-four aod eighty-two hundrcdlhs (234.82) feel 10 au ",usling iron pin, the place 9f BEGINNING. COl\tainillg \.6994 tOlal acres aod 1010wn a's Lot #] pursuant 10 subdivision draft prepared by John R. Kissinger, R.S:. daled November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. Trac! #2 BEGINNING at an existing iron pio localed On Ihe oorthern benn of Towmhip Route 1/33\ al corner of olher lands of the Mortgagors known .. LOlli3 on the hereillaftcr described subdivision plao; thence along the norUlem berm of said Township RoUle 1/33 J, SOl/lh eighty-two (82) degree. ten (10) mioutes forty-njne ('\9) secoods West Iwo h\Jodred sixty-seven and fOl1y-one l,\\Indredlhs (267.'1 I) feet 10 ao existing parker k.lonnaiJ loe'lcd io Ibe cenlcr of Towns'hip ROllle #3]0; Ulence along the centerlinf of said Township ROllte finO North forty-follr (44) degrees ooc (01) minWe lwei,ly-seven (27) seconds WeSl two hundred fourteen and seveot~-five huodredth. (21+.75) [el>l to a set railroad spike; lbence by olhcr lands of the MortaSor kl1o$ as Lot 1/2 on lhebereinal\er ,desoribed subdivision plari, Nortb forty-four (44) degiees'forty-einh' (48) minutes flv.(05) second. E""t thrce hundred ihirty-Iwo and elevcnbl\'ndredihs (332.11) fcelloa poinr: thence by other laods nf lhe Morlgagorkoown "" Lol 1/2A on Ihe ahove de'scrbied ,ubdivisioo plan, North Torty-four (~4) degreC9 forty-eiShl (48) min\lles fi~e (OS) ,"cond. 'E.Sl ooe hundred twenty-six and etevcl1 huodredths (126,11) feet to a set iron pill; Ihence by olher lands of Ute Mortg.gor known as Lol /15 Bouy.H55rAGdOG~ '-1...n/-l,. Wl!1C>l.lJ ...NO p"m,nNS _ ",r-rOnN'YS "'1' l.AW _ l"l' r:.Il.ST l-Ill'>G S'ln-EEl' _ -:l"'I"''''~t--rsu\a\G. PJI.. 1'15J ciPP_14_1QO~ l~:?~ ry...,,,..,....,,'..... "'.,',',1 l:<- r~ t ;,,'.~ ~,~~HI:IT, !'!KY'J':X ,.' ~~\~"ij<,'{::)' ,,:' ", :"'"~ ",.,vA"'''''''''''' ,~r(>"l,~'~tili. . d J- :EABOVE'; TRACTS BEING" ',", . ""!~it""".:;':~"";';' , ..,' , ,Par,L".rD'€~"L''''e\'',same real est t h' ....'Maysand, W d '.:' ."-.i.'f!''':"k;.!L:., ' a e W lch .",;Jp'tember' 4, a1 n a L. Mays', ,hasl:;iani:! ;'and wife" by their' deed " ,:987, and ie:co:b:ied"f'n Ie b l' e'32 at p 22 ' ".:",,,,,,,,,>,,,,:,..:,.,um,er.and County Deed Book y '.;> ' , age', conveyed. t9LH~if;Y i;F.' Davls and Carol K. Davis. .-~ "'--~ ~~ ..~' , ~ ~, ~ , w; , ~~- """""","" . " '" . PFR-12-199B 09: 47 PNC DlJS B~I< ~i=I!'IPTN (# 7177744738 P.05 D ..' (~ ::. . ..V:'~e herdnafler described subdivision plan So~th forty-five (45) de, grees eleverl (II) minutes' flfty- ..on . Jive (55) seconds East thirty-four and thirty-two hundredths (34.32) feel 10 a poinl; Ihence by U,e ~ame SOUU, forty-five (45) degrees eleven (II) minutes fifty-five (55) ,econd, East one hundred forty-one and sevcDty-live hundredth, (141.75) fect 10 a sel iron Jiii:i;U,cDce by olher lands of the Morlgagor' bcrem lalown as Lot II,J on lhe heleinafler described ",bdivision plan South forty-four (44) degrees forty-four (44) minules lWenly-eighl (28) second, West Iwo hundred nfty and three hundredth" (250.OJ)-fecl 10 a poinl; thence by UIC same South forty-five (45) degree, ten (/0) fUjoU!.es len (10) seconds Eastlwo hundred and ,eventy-one hundredtbs (200.7 I) [eel 10 an cxisti\lg iron piD, the place of BEGINNING. 'containing a 101allot area of2.4445 acres aud kllown as Lot II's 3A and 3D pursuanlto subdivi,ion draft prepared by John R. Kissinger, R.S., dated November IJ, 1992, alld recorded ill Cumberland Couoly PI.ll Book 67, at Page 100. I .' " '"' """""0<: I ..,...'.'.i:,..., ). , ' ;'~ .:. ..~':~:. ; ,;. ,-';: !:;! ,,1. j ',.r,> ,.,~,,~ .;~. , ' '. ~ ...II> I.' I," .. ;' ):. ". : r,' ~_~t'~:Mljlj~~[lfwm!iliU~l!]W,iM,#;-t,,,!,"",\0,,,,",,,",m:.-""'''''''A;;!S,--*;tiM'r~Mjjj:i!"";i;'!1' JU'.' ~', I '~~l;t Es ILf' i1L~~ p; - ~& "-1 w--.t ~ ~~p:! ~I ~ ~ 1: '---< '~~ "',' ,'"''''''-- "'0' , () ~ "TI ce, q;!m -., ..:J;:i z, 00" -<2~- !:;::C )';.... (") ~O C ~ ,. Cl 1'V o ...... " I .r- ~ ,-; " rief'( '--T,m :nO ())." :::;:1':"; ;"):D ~;..0) fr., ,"f; ~: ?E -< :t>o ~ '!? 1'> r" ~'u{iil>t~ ~, "~.~ , . ~ ~" ~~'- ~ ; . . , '<0.;,., , "'-' , . PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 PNC B;mk, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information conceruing the real property consisting of those certain two (2) tracts of land with the buildings and improvements erected thereon in South Newton Township, Cwnberland County, Pennsylvauia known as 103 Hanunond Road, Shippensburg, Pennsylvauia 17257 as more particularly set forth and described on Exhibit A attached hereto and made part hereof. 1. Name and address of owners or reputed owners: Harry F. Davis 115 Hammond Road Shippensburg, P A 17257 Carol K. Davis 115 Hanunond Road Sbippensburg,Pi\ 17257 2. Name and address of defendants in the judgment: Harry F. Davis 115 Hanunond Road Shippensburg, P A 17257 Carol K. Davis 115 Hammond Road Shippensburg, P A 17257 3. Name and address of every judgnient creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: PNC Bank, National Association 201 Penn Avenue Scranton, PA 18503 Farmers & Merchants Trust Company of Chambers burg P.O. Box T 20 South Main Street Chambersburg, P A 17201 ~'"O ~~ ~~ I Lo ~-'A~l . . 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: PNC Bank, National Association 201 Penn Avenue Scranton, PA 18503 Farmers & Merchants Trust Company of Chambersburg P.O. Box T 20 South Main Street Chambersburg, P A 17201 5. Name and address of every other person who has any record lien on the property: None 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: Cwnberland County Tax Claim Bureau Cwnberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cwnberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cwnberland County Tax Claim Bureau Cwnberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cwnberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, PNC Bank, National Association, 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. Respectfully subruitted SAIDIS, SHUFF FLOWER & LINDSAY Date: ! 1/ 8---ti'Z- By: 1 M. edeb hni, Esquire upreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff ~~~~~lktJmj~i!;;S:!lt~~~,R.1~)1tij~,:iI,,,,,-,,.;j;:ij~~.j,',<;W,}i~ill. ~,"~ ~"j.'i!ii!~ ~ k>__:"~~~ ~ __ .-J ;~. '.,.' ,~",,,,,., (") C :?' ~~ z'-' (J) )" ~=;.- r::G ;J>. z" )>8 :z; =< .", .,J'"", "'~. . . o "" o 'rfl n I o -n F:"': 'o"j-n -~C::J i:;~(~J i~~ orn -l 1> ~ .;.. :>> :x \f? N f..:J II! ~3~-"~""""""'lM' I - .. ~ ~ - , .' ,,c,, .~~"'" , .. i PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE v. NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.c.P. 3129.2 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Harry F. Davis and Carol K. Davis: PNC Bank, National Association 4242 Carlisle Pike Camp Hill. P A 17011 Farmers & Merchants Trust Company of Chambers burg P.O. Box T 20 South Main Street Chambersburg, P A 17201 Cwnberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Cwnberland County Tax Claim Bureau Cwnberland County Courthouse One Courthouse Square Carlisle, P A 17013 You are hereby notified that on March 5,2003 at 10:00 a.m., prevailing time, by virtue ofa Writ of Execution issued out of the Court of Common Pleas of Cwnberland County, Pennsylvauia, on the judgment of PNC Bank, National Association, No. 01-3133 in the amount of Two Hundred Fifty Thousand Three Hundred Ninety Four and 02/100 Dollars ($250,394.02), plus interest from May 11, 2001 at Seventy Nine and 75/100 ($79.75) per day, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cwnberland County, Pennsylvauia will expose at Public Sale at the Cwnberland County Courthouse, City of Carlisle, County of Cwnberland, Commonwealth ofPennsylvauia, real estate of Harry F. Davis and Carol K. Davis known as those certain two (2) tracts of land with the buildings and improvements erected thereon in South Newton Township, Cwnberland County, Pennsylvauia known as 103 Hanunond Road, Shippensburg, Pennsylvauia 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 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. - . I, ~ -~,~- -~'U ""--'",,~ 'Ill/!::i' - You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Date: If Ie/; (1)2- By: K M. Uedebobln, Esquire Supreme Court ill #59012 SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff ~< ~ ~" "' -~, ~~ , ~,. .." ~lIii ................. , \ __H' ~ ._ , . '. .:; ~::;. .... "..:' ; .:.1. "-~.....,; ~ < _.....,ln~'..._~' Ilil!ld..ll;;;i=' :' '",,-,i-Dfih[< '.". LEGAL DESCRIPTION FOR DAVIS TffiE CERTIFICATE ALL the foUowiog described realest,1e with improvements erected thereon, lying and heing situale in South Newton_ Township, Cumberland Counly. Pcnnsylvauia,more particularly bounded and described iI3 follows: Tract #1 BEGINNING at an exisling iron pin located on the northem benu of Township Route 1/331 at corner of olher lands of lhe Morteagon herein known as Lot #JA on the hereinafler described subdivision plan; thence by said LotJA Norlll farly-five (45) degrees len (10) minute, len (10) second, West two hundred and seventy-one hundredths (200.71) fcelto a point; thence by the some Nonh fony- four (44) degrees forty-four (,1.1) minutes twellty-cighl (28) sccond. East two hundred fifty and O,ree hundrcdth, (250.03) fcet to a set iron pin; thence by other lands of the Mnngagors knnwn as Lnt 1/6 on a .ubdivision plan preparcd by Carl D. Ben, R.S., dated January 4. 1978, and recnrded in Cumberland County Plan Book 34, at Page 22, South fOlly-five (45) degree, Iline (09) mmules IIUtty-seven (37) seconds East IIlfee hundred eigllly'seven .nd forty-seven hundredth. (387.47) feel to an existing iron pin; tlu:ucc along the nonhcnl hem1 of Township Roule IJJ,] I along a curve to ,he right having a chord bearing South sevenly-nine (19) degrees twenly-one (21) minutes forty-six (46) seconds Wesl, a radius of sevcn hundred ninety-nine and two hundredth, (799.02) feel, a tangent of thirty-eight and liLly-seven hundredths (38.57) feel. nn arc distauce 'of seventy-seven and eight hWldredtbs (77.08) feet and a chord di,tance of seventy-seven and five hundredllls (77.05) feet 10 an existing iron pin; thencc by the same Soulll eighty-two (82) degrees lif1een (15) minutes sevcn (07) seconds Wesllwo hundred thirty-four and eighty-two bundredth. (2J4.82) feet 10 an exisling iron pin, thc ploce .;,f BEGINNING. Contailling 1.6994 lotal acres and known as LOlll3 pursuanl to subdivision drafl prepared by John It. Kissinger, It.S.. daled November I J, 1992, and recorded in Cumberland Counly Plan Book 67. at Page 100. Tract 112 BEGINNING at an existing iron pin locatcd onlbe northem bcnn of Township Route II)) 1 al comer nf olher lands nf Ihc Mortgagors known a. Lot #J on the hereinaner described subdivision plan; thence along Ihe northem bcrm of said Township Route 1133 J. Soulh eighty-lWO (82) dcgrees ten (10) minutes forty-nine (49) second, West two hundred sixty-sbvcn and f0l1y-one hundredths (267.41) feel 10 an existing parker kaloullaillncaled in the cenler of Township Roule 11330; IIlence along U,e centerlinF of .aid Town.hip Roule 11330 North forty-four (44) degrees one (01) minute Iwenly-seven (27) seconds West lwo hundred fourtccn and seveut;f-five huodredlhs (214.75) feet to a sel railroad .pike; thence by olher lands of the Mort.gor known as Lot 112 on the hereinallcr desoribed subdivision plan, North fnny-four (44) degrees forty-eight (48) minutes five (05) second, Easl threc hundred thirty-lwo and eleven bundredths (332.11) fect tn a point; tbence by olher lands of dIe Mortgagor known as Lol1l2A onlhe above deserbied suhdivision plan. North forty-four (44) degree. forty-eight (48) minutes five (OS) ,eeonds East one hundred !weoly-six and eleven hundredlhs (126.11) reel tn a set iron pill; lhence by oUler lands of Ille Mongagor known as Lot 115 BouK1155 fAGEi 0 G~ ManK. ....lttG'-. ANO PliflK1NS _ ArTOnNltvs AT LAW - 101' l!:AST Klt-G ST"~ET R S'-'IP'P'EMlQ\.lAG. PA, IflSJ ~Pp_td_1QaQ t~:?A .,..,nnAA""''' _~ ", .,.". ."Jt,_, ,,',]1:,. __ h,,(,,,~ . ~ . j,'~-J - ~'"~~.., # \ :.r, . APR-12-1998 1il9: 47 PNC BtJS Bm< HAI'PTN f# D 7177744738 P.IilS (" .(11 ..".~. herdaal\er described subdivision plan So~th forty-five (45) degrees eleven (II) m.in.utes [tfry- ';':e (55) seconds Easlthirty-four and thirty-two hundredths (34.32) feet 10 a point; thence by Ille same Sou III forty-five (45) degrees eleven (II) minules Jifly-live (55) sccond. East one bundred forty-one and $cveoty-live hundredUls (141.75) fect to a sel iron Jiiii; U.ence by olher lands of the Mortgago.. herein 1a,0wn as Lot IIJ aU the heleinafler described ,ubdivision plan Soulh forty-four (44) degrees farly-four (44) minutes lwenly-eillhl (28) seconds Wcst two hundred flfly and three hundredths (250.0J) feel 10 a point; thence by lhe saIDe South forty-five (45) degrees ten (10) minutes len (10) seconds Easl two blllldred and ,evenly-one hundredlbs (200.71) feet to all cxisting iron pin, the place of BEGINNING. Containing a !otatlol area of2.4445 acres aud known as LOI iJ's JA and JD purauaollo subdivision draft prepared by John R Kissinger, R.S., daled November 13, 1992, and recorded ill Cumberland County Plan Book 67, at Page 100. I' {- ,"" '.. ";. Itr .', .!; '; I ,.':,'.., , ',': ,.J , ':< ,,;. ~';';(~i'~~ . ~ r . ).~~~ :l;',:,,:,~)/~~~,~~: l .' , "'.,~l:!,~: '". ,r;;I~y'r'., ' 'q ',:'~;:~~.f~Iti;~:'%~t~@;i}:-2';' ' .:.';;r1HEABOVE' TRACTS BEING'PCl;tti().i:',.b1ii!~'L' . ,.:1': :,i.MClys and W d L '.. ",', ".",.. . same real estate wh~ch ".r'~" an a . Mays hu'sband ';'and wif b th' ".)'lS'eptember 4, 1:987, and re~orded"'" el, y e~r deed ,.ll\e'f32, at Page' 22 ' ' " . .""~~,,Cumber~and County Deed Book Y ",,\' , conveyed to 'HaJ:'fy ,f.' Dav~s and Carol K D . ~;:\.,":: -- "'r ;~". . av~s. ". "," ".( " ',' .' " ;.. . ,;" ", ~ t~ ~~,t.i" , ~, " ~~r~.~if*~"i~~~!>ill:\:."'-*i~I'h';;;-~''''':>';;''~i~~;C'''''''N;-i,t$ii~alJ8j'~';'' -'~ .a("'~ '''~ """ 'lltl!li!l.w:~~.!Illjm!l!' '.- '. ~, ~;'lki!Jl!lIU!l!ll, I if U!U! !'!1~~,.., .~_o,".. ..,. _".c' ".L .' , 0 >".,,", C) C~ C 1'0 cn <:' Cl ""0[.:0 '.... ('q J~-n Q:l f7'1 (-, 2I' ""'f~ Zr"~ I -'~\:q ~)/.:; --,.,,.'..-' r:t; ~3~~ ;<- """ )>.-, ~ """"'-Tl [ )~- "':7~ .J ,.,~o ......0 >c \.0 ~.::::;;: (1'"i :::; ~ '" 55 rv -< ,,=.J, ' " f l!!I ,,~~, ~ ~" ,. w._~~ ~ ~ - I ,~ , _ ; - r" ,'. 'ftl+ , ~ PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 TAKE NonCE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: March 5,2003 TIME: 10:00 a.m. LOCATION: Cwnberland County Courthouse One Courthouse Square Carlisle, P A 17013 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: on those certain two (2) tracts of land with the buildings and improvements erected thereon in South Newton Township, Cwnberland County, Pennsylvauia known as 103 Hanunond Road, Shippensburg, Pennsylvauia 17257 and as more particularly set forth and described on Exhibit "A!' attached hereto and made part hereof by reference. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. Harry F. Davis and Carol K. Davis, Docket No. 01-3133 in the amount of Two Hundred Fifty Thousand Three Hundred Ninety Four and 02/100 Dollars ($250,394.02), plus interest from May 11, 2001, at Seventy Nine and 75/100 ($79.75), costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Harry F. Davis and Carol K. Davis. ~ ,~ ~- ~ --''': , ... t 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 muuicipalities 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 Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically ofthese rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cwnberland 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 a meritorious defense against the person or company that has entered jUdgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of 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. 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 creditor before presentation to the Court g_.uL.,JjA~ -- . '0 ~ I, '9il; .~. .. 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. A copy of the Writ of Execution is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY Date: "f 4 ((J L By: arl M., Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff __ ,m"..Wh ';';""' ,~_'" ,_~+>............~ _~ ~ "_ i~~ _ . " .....:; ::::. ',. . .., . .:.1. ~ ~~. " ~"Illiil~r~M,; ~" '.1', LEGAL DESCRlPTION FOR DAVIS TI11..E CERTIFICATE ALL'the followiog described real estate wilh improvemenls ereeled thereon. lying and being siluale in SOulh Newtoll Township. Cumberland County. l'consylvauia,more particularly bouoded and descrlbed iI3 follows; Tract #1 BEGINNING al an existing iron pin located 00 1I1e northenl benn of Township Roule IIJJ 1 al comer of olber lands of the Mortgagors herein known as Lol 113A on Ihe hereinafter described subdivision plan; thence by said Lot 3.'\ North farly-five (45) degree. ten (10) minules len (10) second. Wesl two huodred and sevenly-one hundredths (200.71) fcet 10 a poinl; thence by the snrne North forty- four (11) degrees forty-foul' (-H) minutes twenly-cight (28) scconds East two hundred lifty and three hundredths (250.03) Ceello a set iron pin; tbence by other [and. of !he Mnrtgagors known as Lot /16 on a .ubdivisioo plan prepared by Carl D. Bert, R.S.. dated January 4. 1978, aod recorded in Cnmberlaod County Plan Book 34. at Page 22. SOUUl forty-five (45) degree. uine (09) minules IIwty-,even (37) seconds East IIll'ce hundred dghly'scven and farly-seven hundred!h. (387.47) fcct 10 an existing iron pin; t.hence along the nonhern heml of Township Route #)] I alOllg a curve to the right having a chord beaxing South sevenly-nine (79) degrecs twenty-one (21) minules forty-sLoe (46) seconds We.~ a radius of sevcn hundred ninety-nine and Iwo hundredth. (799.02) fee~ a langenl Oflhirty-eighl and lifiy-seven hundredlhs (38.57) fcet. nn arc distance 'of seventy-seven and eight bundredlh.s (77.08) feet and a chord distance of seventy-seven and five hundred!hs (77.05) feet 10 an <l:Xisting iron pin; !hence by the same SOUUl eighly-two (82) degrees lif1een (15) minutes seven (07) .teonds West lWO hundred thirty-four and eighty-two hundredlhs (2J4.82) feel to an wsling iron pin, the plnce elf BEGINNING. Containing 1.6994 tOlal acres and known as LOI #3 pursuant 10 subdivision draft prepared by John Il Kissinger, IlS.. daled Novcmber 13, 1992, and recorded in CUll1herland County Plan Book 67, at Page 100. Tract 112 lJEGINNING at an existing iron pin localed onlhe northern bClln of Township Route liD I at corner of olher lands oCtbe Morlgagor' known ., Lol #3 on the hereinafter describcd suhdivision plan; thence along thc northern berm of said Township Route 1133 J. Soulh eighty-two (82) degree. ten (10) Illinutes forty-nine (49) second. Westlwo hundred Si)(ty-sbvcn and fOliy-one hundredths (267.'1 I) feet to an c:xisling parker ka[ou naillocalcd in lbe center of Township Roule #330; thence alongUle cenlerlinF of said Township ROUle #JJO North forly-four (44) degrees one (01) minute lwenty-seven (27) seconds Wesllwo hundred fourtcen and seveul~-live huudredU.. (214.75) feet to a Set railroad ,pike; lhence by olhcr tands of the Mortagor known as Lot /12 on the hereinafter desuribed subdivision plan, North forty-four (44) degrees forty-eight ('18) minutes five (05) seeonds Easllhree hundred ihirty-lwo and eleven hundredths (332.11) fecI to a point; thence by other lands of d,e Mortgagor known as Lot 112A all the above descrbied .ubdivision plan, North forty-four (44) degret. forty-eighl'(48) minutes live (OS) ,econd, East one bundred twenty-six and elevell hundrtdlhs (126,11) feel to a sel iron pill; lhence by oUler lands of 1I1e Mortgagor known as LolliS BouK!155 rAGriOG!] ManK. Wl!1Gl..lt ...NO PC'HClN$ _ A.TOJ1NEVS AT l.AW _ 1<1' ~AST KINd: STn~~T _ s....,.,.e:N"$OURG, p.... IriS' QP~_1d_1QQQ 1~:~~ .,."..,,,....,..,'" ;:', ,EXHIBIT, :";~,~',~;i'M>:~(i.". :"', ,..":",,,; IlfJi~f"\;i" 'i:; '''' A~,',t~~"",,_,,'..,',',',.,:,1,i:,'.~:.;~,,':.',...,:^ ,,'!.'Jl.. " -_~: ;, ~\,'_'(,i:~j" .'-,,-. """"'~~--"'''' ..,",--,,- --' -" ~ " ~ .- ~"""""" .1"'_' .; .'~~"''"''''"''--~~- - . . -J .API<-12-199B 09' 47 PNC BUS BfN< ~1R~1f'TH " D 717774473B P.05 ((II '~'lhe herdnal\et" des~ribed subdivision plan So~th forty-five (45) degrees eleven (11) minutes futy- ';'ve (55) seconds East thirty-four and thirty-two hundredths (34.32) feet to 0 point; thence by Ole ,ame South forty-five (45) degrees eleven (11) minutes fifty-five (55) second, East one hundred corty-one ond ,cvcnty-five hundredth. (141.75) fect to a sel iron lilii; thencc by other lands of the MOltgagm. herein known as Lol1l3 ou lbe Ilel einafter described .ubdivision plan South forty-four (44) degrees forty-four (44) minutes twenty-eigbl (28) second, West two bundred flily o"d thr.. hundredth. (250.03) feel to 0 point; thence by O,e sallle South forty-five (45) degree. ten (10) minuleS len (10) seconds East two hlllldred and ,eventy-one hundredlhs (200.71) feel 10 0" exjsti~g iron pin, the place ofDEGfrlNING. Containing o IOlal 101 area 00.4445 acres and known os LOI II's 3A and 3D pursuant 10 subdivision draft prepared by John I\.. Kissinger. I\..S., daled November 13. 1992. .nd recorded in Cumberland County Plan Book 67. at Page 100. " . 'j " '," >~~ jy-,"~-.~~~r~~~ :-~ ,,'.~. ,'" ':i'~ <~ :~(.::>~1~~1, ,,'"' ,..,"~"!~~, '\,1"" .:' . " ::;'}~1J:;;~{:?1r'i~'~.'~~)(' ;i;}}';: ;..:.,;~EMaAyBsOVaEndTwRACTdS LBEING"par:~::L'6'~'f:}tih'Eb;"same real estate which . . t'. . an a Mays- 'hu' b' "d" . 'd;;JS'eptember 4, 1:987 ~nd ie~o- dSd~"!. ',;and w~fe!, by their deed . '};nila}32 , at Page 22 ' . d' r _,e; l,'!l:.Cumber~and County Deed Book Y , conveye . to 'Ha:rfY ,;Po' Dav~s and Carol K. Davis ,~,~ .'~.' . , ~"," ! , \ '," !~, "'~~ ",l '.. ,. ',' :iili~j(fi'~~~'lIfH~ti~il:fil~!Mj;~'Mlm_li!m~Jf;~';,'S1i~,K.!t,ti'[.t;~: ..i~"f"i".F,,~@f~;~i1h1~_""" '. ~; ~A _' :'.0) L:rDL~J::fjJ' U!U[lliLJ ILl"ltL~J"""J 'U">".;-~ne, ~-"~ _""',"'-'. ~,~-'-"',,~,~" - c.,. , ,,,"". . "' '"~ J.:~~Icl;"~~~=,~,,,,", - ~, ..' ^"C -~ '.. "". i -"~'d 0 CJ C' ,~ c: I'J 'i""I ~ W ...-1 ""Urn f""1 f~;F ITTF' M 2-D zc~.- I -~'!.D _,~, I ~,~;. ~t:- dt r.:f-:'l ::;j~ '<-" :Po )>~ - 7)X zl....! ,::~",,() --( \ '-P. Frn :t>'c ....,.) -7 ~ ~ N ::;:l 1'0 ~ , iii ~."-'"",d'",'_""';,","--,--~' ~,_~X ~ -. . ,~ ~ .",~...-~"-,."",, _L ' ~~~ .,,'-~ ~~~~~8nih'._""~ ~ ~""~'Olo""'''>~'' WRIT OF EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYLV ANTA) COUNTY OF CUMBERLAND) NO 01-3133 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due PNC BANK NATIONAL ASSOCIATION, Plaintiff (s) From HARRY F. DAVIS AND CAROL K. DAVIS, 115 HAMMOND ROAD, SIDPPENSBURG, PA 17257 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNlSHEE(S) as follows: and to notify the garnishee(s) that: (a) an attaclunenthas been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) IfprbpertY of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee. you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $250,394.02 Interest FROM 5/11/01 AT $79.75 PER DAY Atty's Conun % Atty Paid $124.68 Plaintiff Paid Date: DECEMBER 4, 2002 L.L. $.50 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonotary n 7n ~: an-?~ to./' _ r '(CP/JA"lt"~ Deputy REQUESTING PARTY: Name KARL M. LEDEBOHM, ESQUIRE Address: 2109 MARKET STREET CAMP lULL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court ID No. 59012 _',6.. I.' " "b ti',- ',W: 'c PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. Respectfully submitted, Date: rf ( ~(g 2- By: FLOWER & LINDSAY 1 M: Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff <"~'''~ :~r~~Mi-~~"**j-k\\li.~~<ilit_~i~~~.ll@f,w,'iI;"~"t;,<l""&.ri!"",,,,~t;1':>iJ'K'',;,!:l-l;.;;MMl~~.i""-'" f5 ~ .~~~,M~~H\:.~::::[,~~-."~:;I:,U_ ,'. ",,",?,\, ',,,^V ,,,^' '^'"~ _,'"'~,,,' ,,,,'>,^,, h'ri " -UL"""""="",,,,,,,"ilI; ~,. ,:..,:,,;;;;'.'~' " \~ . 0 0 '"' C N \.._; "". "Tl rl1l~ 0 ::;.:! 111 2: g,~; n f-i:;:n Z_c I ',-- C/)), .~ ~',jd -<2' ~~ kC """ Pc- z- pO 'fl c ~- :?; ---I N 55 -< N -< .II! ""-',~,," " . ~ ~- ~~ '" __L -."""-< ~' ~k;~;' 1 .... PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : WRIT NO. v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : AMOUNT DUE: $250,394.02 Defendants : INTEREST FROM 5/11/01 AT $79.75 PER DAY : ATTY. FEES.: TO BE ADDED : COSTS: TO BE ADDED TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cwnberland County, Pennsylvauia; (2) against Harry F. Davis and Carol K. Davis, 115 Hanunond Road, Shippensburg, Pennsylvania 17257, Defendants; (3) and against the following Garnishees: N/ A (4) and index this writ (a) against Harry F. Davis and Carol K. Davis, 115 Hanunond Road, Shippensburg, Pennsylvauia 17257; and (b) against N/A Garnishee(s), as a lis pendens against the real property of the Defendants as follows: those certain two (2) tracts of land with the buildings and improvements erected thereon in South Newton Township, Cwnberland County, Pennsylvauia known as 103 Hanunond Road, Shippensburg, Pennsylvauia 17257 and as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof. (5) Exemption has (not) been waived. Dated: (! l'4~ ~ , FLOWER & UN Karl . Lede ohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff . <- < .~~, ~~*I_~~i"k,'~:~~~1',@,mli!ftk"""it'.&ltlllE'GIiIN~iI1tiiV""~ "Ir'if"f~""<": ~ '"~. M'c',]' ,) f5::..,J C ( ~ -0 ti ~7i It,..c~--w~ ~ "'q ..r:. ~ ~" r~."i --- d g , ~ <:' 'V o g 0 g ~8 ~ 'll -<:- I I , - \' 1 I ~ff! ,.() ?'-f} \1 (0 " ~ " ~ - ( - - :::.. - "- rd~ ~ - - ~ - ~ if UJ t _. JIII!llIL ~",,"-,">, ,-'''.,''''".-''...,,-","~''''''','' ^~". , ",~, ~, -- " ~" " ~,^~ ~, ,. ,.- >"'il.",,~"" - ... , () 0 0 c: N 11 s: W ;:::1 "'"OQJ M fhp fnr,M. n z-H t "nfTI :Z~ .t:".. ,:'50 (f)",. " ,-~, .L ~L ~~j ~), \'CO ~ '"";~'T\ ~C ~ ~O r. ;-""5IT1 )>C \D -, ~ N S;; ru ::l !Ii f~,,,,,,i,il;l""'L'''''~*,,- J \ , .. .... .....; .:::. ,~.. "..~-- " ~L.,"""" &~'A;",~:,;, ""~'''''' .if N"n . ,......L .... ..... :.1 LEGAL DESCRIPTION FOR DAVIS TInE CERTIFICATE ALl: the foUowing described real estate with improvemenls erecled thereon. lying and heing ,iluate in South New1ol\. Township. Cumberland County, Pennsylvauia,more particularly bounded and describedil3 follows: Tract #1 BEGINNING at an existing iron pin localed on thc north em beon ofTownsbip Route 1/331 at comer of olher lands oCthe Mortgagors herein mowu as Lot IIJA on thc hereinafter described subdivision plan; thence by said Lot JA North forly-fivc (45) degrees len (10) minute, len (10) second. Wesl lwo hundred and .eventy-one hundredths (200.71) fccl to a pain I; lhence hy the .ome North forty- four (44) degrees forty-four ('1'\) minutes twenty-cight (28) seconds East two hundred fifty and three hundredth. (250.0J) fcet 10 a set iron pin; thence by other lands of the Mortgagors known as Lot 116 on a .obdivi,ion plan prepared by Carl D. Bert, R.S., daled January 4. 1978, aod recorded in Cumberland County Plan Book 34. at Page 22, Soulh fOlty-five (45) degree. nine (09) minules Uillty-,even (37) seconds East U"ee hundred cigluy'scven and forty-seven hundredth, (387.47) feet Co an existing iron pin; thence along the nonhern beml of Township Route #J31 along a. curve (0 the right haviug a chord bearing Soulh sevenly-nioe (79) degrec, twenty-one (21) minutes forty-.ix (46) seconds West, a radius of sevcn hundred ninety-nine and Iwo hundredths (799.02) feet, a langent of thirty-eight and fifty-seven hundredths (J8,57) fcet. nn arc distauce bf seventy-seven and eight hundredths (77.08) feel and a chord distance of sevenly-seven and five hundredUls (77.05) feet 10 an existing iron pin; Ulence by the same SOUUI eighty-two (82) degrees fifteen (15) minutes seven (07) .econds West two hundred tlllrty-four and eighty-two hundredth. (234.82) feet to an exiSliog irou pin. the placc 9f BEGINNING. Containing 1.6994 Iota I acres and known as Lot II) pursuant 10 subdivision draft prepared by John R. Kissinger, R.S.. dated Novemher 13. 1992, and recorded in Cumberland County Plan Book 67, at Page J 00. Tract #2 DEGlNNING at an existinll iron pin located onlhe northern bcnn ofTowllShip Route #JJ 1 at corner of o!l,er lands of (he Mortgagors known as Lo( #3 on the hereinafter described subdivision plan; thence along the northern bcon of said Township Route 113) t. South eighty-lWO (82) degrees ten (10) minutes forty-ninc (49) secouds West two hundred sixly-sbven and fOtty-one hundredlhs (267,4 1) feet to an existing parker kalou nail lncaled in lbe ccntcr of Township Ronte 11))0; !lIenee along U,e centerlinf of said Township Roule 11))0 North forty-four (44) degrees ooe (01) minute twenty-seven (27) seconds West two hundred fourteen and seveul~-ftve hundredths (214.75) feet to a set railroad spike; lhellce by olher tands of the Mortagor known as Lot 1/2 on the hereinafler desoribed subdivision plan, North forty-four (44) degrees forty-eight (48) minules five (05) seconds East three hundred ihirty-Iwo and eleven hundredths ()32.1 t) fcct to a point; thence by other lands of the Mortgagor known as Lol 112A onlhe ahove deserbied ,ubdivision plan. North forly-four (44) degree. forty-eight (48) minutes five (OS) ,econds Easl one hundred twenty-six arid eleven hUIldredths (126.11) feet 10 a set iron pin; Ihence by oUler lands of Ule MOltgagor known as Lot #5 BouK!155 rAGEiOG!l MI."'''. WEIGL. A"'O PIi:AKINS _ AfTOnN!i"'S AT lAW _ IZ' r.:AST IU,.G 5Tnt:f.:T ~ :Htlr,.ItNSOURG. PA.. "ISJ OPR-td-1QQQ t~:?~ ~,""''''A'''''''''' ~,:t,' ".," "',";;"";':~~"~':Jj$~!', . . '., ')""'f';}?1:t~'~~~1i l~~ I,' . , .. . ';:)~:.l~~~c~.'~;r'W':i}(i:::: ' ' ~~~aABOVE ~ TRACTS BEING"P~;~!~~(~;:~,fie!;:~ame real estate which ~'''''~' ys an Wanda L. Mays, h12sljan/j rand wife by th' d d .1,1"eptember 4, 1:987, and reco:i:'4eo'J:.h "c b l!' d e1.r ee at Page 22, conVeyed~t(nI~hv';(F~mD:~i:nandcocUanrtoYlDKeedDBo~k y , , " ' '.' . . av1.S '. <- <H,y ,;'~ ," . .""" . I . ~~ ~ , ~ j \ ..... .r . flPR-12-199B 09: 47 PHC BUS BANI< HAMPTN r.r o 717774473B p.es (~ ..i:.~. helt'mal\e{ described subdivision plan South forty-five (45) degrees eleven (II) minutes futy- ':;'~e (55) seconds East thirty-four and thirty-lwo hundredths (34.32) feet 10 a point; thence by the same South forty-five (45) degrees e[even (II) minutes fifty-five (55) seconds East one hllndred forty-one and scventy-five hundredth. (141.75) fect to . sel iron filii; Ihence by other lands of the Morlg.gnn herem known as Lot 113 on the hereinafter described subdivision plan South forty-follr (44) degrees forty-four (44) minutes'twenty-eighl (28) scconds West two hundred fifly and three hundredths (250.0J) feel to a point; thencc by the SalDe South forty-five (45) degrees ten (10) minutes len (10) seconds Easllwo hllodred and seventy-one hundredths (200.71) feel to an existing iron pin, the place of DE GINNING. Containing a IDtallol area of2.4445 acres and known as Lot II's 3A and 3D pUf3uantto subdivision draft prepared by John R Kissinger. RS., daled November 13, 1992, alld recorded in Cumberland COllnly Plan Book 67. at Page 100. . <., 'L t' 'oj .', , .F t " ~ .' ,.' :, . '" '. -J>,," "'"-Ili.' \', "," ~~,~ 'm'i<,,. .',) , .- , , .' :/tit! ij 1" j.,." r " I:' " :_,._' _",,'h" -' ~ ~ 101I ~. 'rl-'~ .'y ;~' '''":.-- . I PNC BANK, NATIONAL ASSOCIATION: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3133 HARRY F. DAVIS and CAROL K. DAVIS: CIVIL ACTION - LAW Defendants MORTGAGE FORECLOSURE f.R.RDER 0 AND NOW. this _b day of t, 2002, upon consideration of PNC Bank, National Association's Motion for Partial Summary Judgment, and no response having been filed thereto, it is hereby ordered and decreed that the relief requested in the Bank's Motion is hereby granted and judgment is hereby entered in favor of PNC Bank, Natio~al Association, and against Harry F. Davis and Carol K. Davis in the amount of Two Hundred Fifty Thousand Three Hundred Ninety-four and 02/100 ($250,394.02) Dollars plus interest at the rate of Seventy-nine and 75/100 ( $79.75) Dollars per day, through the date of payment, including on and after the date of entry of judgment on the Complaint in Foreclosure, additional legal fees, including, without limitation, le~al fees incurred by Plaintiff in prosecuting Plaintiff's Motion and for foreclosure and sale of the mortgaged property being Tract 1 and Tract 2 on the legal description attached hereto to as Exhibit "A" and incorporated herein by reference. BY THE COURT. , r~ ~ V(.O')., _ -.)?~~ <\' "\ '\$I' , ':::... f./ ~.~~~ ~~;.~M;~ ~1NP~ . "'Y; ,,',,',0_ f -~'" 1'" y, " '" ",'~ ~~ -, ~~~w~. . W"~""<"<' ~OOThm/"jirilll ";:I\RY 02 SEPT. O~ o~'}S C\JMBLi .. PEi: (~ 1'I,Inm 1'1lrlii! ,;llII!I"l,;LI;,.~~~~~~r~7""""-7l,'Iffl~ll"',"FiC,"~~,'"n':'"1"'i~j''''%f~i!9--r;''1'.lli'~~i~'li;,1~!f\r,f.'Wt'f!~\j!'t~~~JI_~~!/ ~ 't ; "" "':,,:.:.:::.. .:, ;'." .... ",'. LEGAL DESCRlPTJON FOR DA VlS TITLE CERTlFICA TE ALL the following described real estate with improvements erecled thereon. lying and bcing situate in South Newtoo_ Township, Cmnbcrland County. Pcnnsylvauia;-more particularly bounded and describcd as follows: Tract #1 BEGINNING al an existing iron pinloc.tcd on the northern benn of Townsbip Route #331 at corner of other lands of the Mortgagon berein known as Lot #3A on thc hereinafter described subdivision plan; thence by said Lol3A North forty-five (45) degrees ten (10) minutes ten (10) secoods West two hundred and seventy-one hundredths (200.71) fect to a point; thence by the same North forty- four (44) degrees forty-four (44) minutes twenty-cighl (28) seconds East two hundred fifty and 11"ee hundredths (250.03) feet to . set iron pin: thence by other lands of the Mortgagors known as Lot #6 on a subdivision plan prepared by Carl D. Bert, R.S.. dated January 4. 1978, and recorded in Cumberland County Plan Book 34, at Page 22. South forty-five (45) degrees nine (09) minutes thirty-seven (37) seronds East thrce hundrcd cigllly'seven and forty-seven hundredth, (387.47) feet to an existing iron pin~ thence along the northern berm of Township Route #331 aJong a cotve to t.he right having a chord bearing Soum seventy-nine (79) degrees twenty. one (21) minutes forty-six (46) seconds West, a radius of Seven huodred ninety-nine and two hundredth. (799.02) fee~ a tangent of thirty-eight and Gfiy-seven hundredths (38.57) feet, ao arc distanee 'of seventy-seven and eight hundredths (77.08) feet and a chord distance of seventy-seven and five hundredths (77.05) feet 10 an existiog iron pin; thence by the same South eighty-two (82) degrees Gfteen (15) minutes seven (07) ,econds West two hundred thirty-four and eighty-two hundrcdlh, (234.82) feet to an existing iron pin. the place of BEGINNiNG. Contaicing 1.6994 total acres and known as Lot #3 pursuant to subdivision draft prepared hy John R Kissinger, RS,. dated Novemher 13. 1992, and recorded in Cumberland County Plan Book 67, at Page 100. Tract #2 BEGINNING at an existing iron pin located on the northern benn of Towmhip Route #331 at comer of other lands of Ihe Mortgagors known as Lot #3 on the hereicafier described subdivision plan; thence along the northern berm of said Township Route #331, South eighty-two (82) degrees ten (10) minules forty-njne (49) scconds West two hundred sixty-s~ven and forty-one hundredUls (267.41) feel to an existing parker kalou nail located in the Center of Township Route 11330; thence along the centerline of said Township Route #330 North forty-four (41) degrees one (01) minute twenty-seven (27) seconds West two hundred fourteen and sevcollY-five hundredU" (214.75) feet to a: set railroad spike; thence by other lands of the Mortagor known as Lot #2 on the hereinaftec dcsorihcd subdivision plan, North forty-four (44) degrees forty-eight (48) minutes five (05) seeonds East three hundred thirty-two and elcven hundredths (332.11) feet to a point; tbence by other lands of the Mortgagor known as Lot #2A on the above descrbied subdivision plan. North forty-four (44) degrees forty-eight (48) minules five (OS) ,econd, East one hundred twenly-six and cleven hundredths (126.11) feet to a set iron pin; thence by oU,er lands of U,e Mortgagor known as Lot #S BouK!455rAGdOG3 """'AI<. wmGl,.1It ...utl PIILRi'CIN$ _ ....TTOflNr;:V$ AT LAW _ v-ac; r;Il,.ST Klt-lG STfU;:l:;T _ :S"'Ip"p'e:NSaUR.G. PA.. IllSJ OPP_1d_1~oa 1~:?~ '"10 ..,..,.... ~ ........,.. , C,' ,real estate which, ,,"'wifei' by their deed ' j(tl}erlahd County Deed Book y" ,;;~f..Davis and Carol K. Davis. ' ,~ ~. ~~ .... " , . RPR-12-1998 99:47 PNC BUS BANI< HRI1PTN ~ D 7177744738 P.9S ( .(1 , ' , ..' the hereinal\et" described subdivision plan South forty-five (45) degrees eleven (1\) minutes f1fty- "r.~e (55) seconds East thirty-four and thirty-two hundredths (34.32) feet 10 a point; thence by the saRle South forty-five (45) degrees eleven (11) minutes fifty-live (55) seconds East one hundred forty-one and sevcnly-live hundredUls (141.75) feci to a set iron pm; Ulence by other lands of the MortgagOr.l herein known as Lot 113 on the hereinafter described subdivision plan South fOlty-four (44) degrees forty-four (44) minutes twenty-eighl (28) seconds WesllWo hundred fifty and three hundredths (250.03) feet to a point; thence by the same South forty-five (45) degrees ten (10) minuteS ten (10) seconds Easltwo ht'mdred and seventy-one hundredths (200.71) feet to an existing iron pin, the place of BEGINNING. Containing a IOlallol area of 2.4445 acres and known as Lot #'s 3A and 3B plluuantto subdivision draft prepared by John R Kissinger. RS., dated November 13, 1992, and recorded in Cumberland COllnly Plan Book 67, al Page 100. ;. ':,1, ',,' _. '.",~ , ,'~,c ~h' ~~"L -~~.~ ~~""",<'c";",,..f d~~'" ,_ "I .~ -, .'. ' ., ..." '~= ,'- ~~','- . . .J PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: Harry F. Davis and Carol K. Davis YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED MOTION FOR SUMMARY JUDGMENT WITHIN THIRTY (30) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. SAIDIS, SHUFF, FLOWER & LINDSAY By: / / 1 f / arl Nt Ledebohm, Es uire / Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 ---... Attorney for Plaintiff 1 L "::tliI""",=,,,,,~",,,,>=.I'-"= ~J~""-"'",""""",~"" ~- ~~'-'='. - L, ~~ .. "'~' Ii 'j ""iIIi~i:!f", ( PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE PLAINTIFF PNC BANK, NATIONAL ASSOCIATION'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND NOW comes Plaintiff, PNC Bank, National Association ("Bank") by its attorneys, Saidis, Shuff, Flower & Lindsay and moves this Court, pursuant to Pa. R.C.P. No. 1035.1, et seq., for the entry of partial summary judgment in favor of Bank for the relief requested in Bank's Complaint and avers in support thereof the following: 1. On or about May 22,2001 Bank filed its Complaint in Mortgage Foreclosure (the "Complaint in Foreclosure") against Harry F. Davis and Carol K. Davis (the "Defendants"). 2. On or about June 27, 2001 Bank provided to Defendants the Notice of Default Judgment required by Pa. RC.P. 237.1. 3. On or about July 9, 2001, Defendants filed their Answer to the Complaint in Foreclosure (the "Defendants' Answer"). Defendants admit all material allegations set forth in Bank's Complaint in Foreclosure necessary to establish the right to the relief requested as to tract 1 and 2 of the legal description attached to the Complaint in Foreclosure as Exhibit "D" and made part thereof including, without liruitation, the following: a. The identity of Bank (see Defendants' Answer at paragraph 1). b. The identity of Defendants (see Defendants' Answer at paragraph 2). c. Defendants' execution and delivery to Bank of the Commercial Guaranty (the "Guaranty") set forth in the Complaint in Foreclosure at paragraph 3 2 ,,~~,~.,,~ '.'.~ c.~_"..,~o", ~~"-,,.#.i/,l',~'" >" ,,~...L..-...~~ 'G'J " -,'- -,.~ j j__..a...""""",~_,,,-~~"""'~,2",,;-o;"-',~i .. guaranteeing the prompt payment of all amounts due to Bank by Davis Greenhouse, Inc. (the "Debtor") and that the Guaranty attached to the Complaint in Foreclosure as Exhibit "A" and made part thereof is a true and accurate copy of the Guaranty executed and delivered to Bank by the Defendants (see Defendants' Answer at paragraph 3). d. That the Debtor executed and delivered to the Bank the Promissory Notes attached to the Complaint in Foreclosure as Exhibits "B" and "e" respectively and made part thereof (collectively the "Notes") and that the Notes are true and accurate copies of the Notes executed and delivered to Bank by the Debtor (see Defendants' Answer at paragraph 4). e. Defendants' execution and delivery to the Bank of the Mortgage identified in the Complaint in Foreclosure in paragraph 5 for the purpose of providing collateral for the loans evidenced by the Notes and the Guaranty, that the Mortgage was intended to effect a lien on tracts 1 and 2 and the improvements erected thereon as set forth in the Complaint in Foreclosure known and nwnbered as 103 Hammond Road, South Newton Township, Cwnberland County, Pennsylvania (collectively the "Property"), that Defendants at all times relevant to the Complaint in Foreclosure were and remain the record and sole owners of the Property and that the description of the Property attached to the Complaint in Foreclosure as Exhibit "D" and made part thereof is a true and accurate description of the Property intended as collateral for the Mortgage and the loans evidenced by the Notes and the Guaranty. Defendants deny only 3 ~'_~'i"' ,. ~~ ~=" ......~,~. " ~ I" ~~ "" I. IiJn~\if~~',:~, that tract 3 as set forth in the Complaint in Foreclosure was intended as collateral for the loans and subj ect to the Mortgage and allege that, after reasonable investigation, the Property subject to the Mortgage does not include tract 3 as described on Exhibit "D" attached to the Complaint in Foreclosure which is denied by Bank (see Defendants' Answer at paragraph 5). f. That the Mortgage was recorded in the Recorder of Deeds Office for Cumberland County as set forth in paragraph 6 of the Complaint in Foreclosure and that a tme and accurate copy of the Mortgage is attached to the Complaint in Foreclosure as Exhibit "E" and made part thereof (see Defendants' Answer at paragraph 6). g. That the Debtor has breached the terms and conditions of, inter alia, Note B and Defendants have breached the terms and conditions of the Mortgage and the Guaranty and are in default under such terms and conditions because they have failed to make the payments required in accordance with the terms thereof. (See Defendants' Answer at paragraph 8). h. That the Bank, by letter dated March 26, 2001, and forwarded to Defendants demanded the inunediate payment of all amounts due to Bank in connection with the loan evidenced by Note B and the Mortgage and the Guaranty and that a true and accurate copy ofthe Bank's demand letter is attached to the Complaint in Foreclosure as Exhibit "F" and made part thereof (see Defendants' Answer at paragraph 13). 4 -'."".,.<^...... -.-. _.~-~ ,,~ 1'0 .' ="', _,L.^',.~~.,_ 4. Defendants deny the accuracy of the amounts claimed to be due under the Guaranty and the Mortgage as set forth in paragraph 9 of the Complaint in Foreclosure based only on the bald, unsupported allegation that the Defendants are without knowledge or information sufficient to form a belief as to the troth of the averments because the means of proof are; within the exclusive control of the Bank and on the bald, unsupported assertion that Defendarits believe that the principal balance and interest due are less than the amount set forth in paragraph 9 of the Complaint in Foreclosure. (See Defendants' Answer at paragraph 9). 5. Bank believes and therefore avers that the averments set forth in paragraph 9 of the C~J;llplaint in Foreclosure establishing the amounts due to the Bank under the Guaranty and the M<ilrtgage constitute allegations the truth or falsity of which are clearly within the knowledge of Defendants and are therefore deemed admitted as to Defendants for Defendants' failure to specifically deny such allegations under Pa. R.C.P. No. 1029(b). (See Defendants' Answer at paragraph 9). 6. Bank believes and therefore avers with respect to the Complaint in Foreclosure, that Defendants' averment that they are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the Complaint in Foreclosure at paragraph 9 concerning amounts due to the Bank under the Guaranty and the Mortgage are completely unsupported by fact and that Defendants' completely unsupported allegation that it is Defendants' belief that the amounts due are in an amount actually less than that set forth in the Complaint in Foreclosure is legally insufficient to avoid the granting of Bank's Motion for Surmnary Judgment. New York Guardian Mortgage Com. v. Dietzel, 362 Pa. S. Ct. 426, 429, 524 A.2d 951, 952 (1987); Barnett Mortgage Co. v. Stablein, 48 Cumbo LJ. 129, 136 (No. 96- 5 _""'._,~~~._o ~...~_.-~ _.~ . '~ .~' ><~'"~ ~"~i\l:il.li.,,",,-'f 2967 Civil Term; March 30, 1999). See also, First Wisconsin Trost Co. v. Strausser, 635 A. 2d 688 (Pa. Super. 1995). 7. Bank believes and therefore avers that, apart from Bank, Defendants are the only parties who would have sufficient knowledge upon which to base a specific denial as to the allegations set forth in the Complaint in Foreclosure at paragraph 9 concerning the amounts due to the Bank tinder the Guaranty and the Mortgage. 8. Bank believes and therefore avers that Defendants have admitted all material allegations necessary for this Court to grant the relief requested in the Complaint in Foreclosure as to tracts 1 and 2 as set forth in Exhibit "D" attached to the Complaint in Foreclosure and made part thereof inclUding, without limitation, that Defendants executed and delivered to Bank the Guaranty (see befendants' Answer at paragraph 3), that the Guaranty guarantees the payment of the indebtedness due to the Bank by Davis Greenhouse, Inc. (see Defendants' Answer at paragraphs 3 and 4), that Defendants executed and delivered to Bank the Mortgage and that the Mortgage is a lien against the Property including tracts 1 and 2 set forth in the Complaint in Foreclosure (see Defendants' Answer at paragraphs 5 and 6) and that Defendants have breached the terms and conditions of the Guaranty and the Mortgage by failure to make the payments required in accordance with the terms thereof (see Defendants' Answer at paragraph 8). 9. For some or all of the foregoing reasons, Bank believes and therefore avers that Defendants are unable to set forth any specific denial of the amounts claimed to be due to the Bank at paragraph 9 of the Complaint in Foreclosure or any supporting facts to substantiate that the amounts due to the Bank under the Mortgage and the Guaranty are, in fact, less than that set forth in paragraph 9 of the Complaint in Foreclosure. 6 '_'"i<jO[_~ ", ._""~- 0"1 _,.,~.._""",,, ~~ , . ~"'I'lJ*lil\ii~:&liilf~" 10. As set forth in the Mfidavit executed by John Cocoran on behalf of the Bank which is attached hereto as Exhibit "A" and made part hereof, the Guaranty, the Notes and the Mortgage attached to the Complaint in Foreclosure as exhibits and made part thereof are true and accurate copies of the Guaranty and the Mortgage executed and delivered to the Bank by Defendants and true and accurate copies of the Notes executed and delivered to Bank by the Debtor, that the Defendants have breached the terms and conditions of the Mortgage and the Guaranty and are in default under such terms and conditions for, inter alia, failure to make payments as required under the terms and conditions of the Guaranty and the Mortgage; and that the amounts due to the Bank as of May 11, 2001, as set forth in paragraph 9 of the Complaint in Foreclosure truly and accurately reflect the amounts due to the Bank under the terms and conditions of the Guaranty and the Mortgage as of May 11, 2001. (See Exhibit "A" attached hereto and made part hereof.) 11. For some or all of the above reasons, Bank believes and therefore avers that there are no genuine issues of any material fact as to a necessary element of the in rem cause of action set forth in the Complaint in Foreclosure which could be established by additional discovery or by expert report which would require any issue to be submitted to a jury as to the Property including tracts 1 and 2 as set forth on Exhibit "D" attached to the Complaint in Foreclosure. 12. The relevant pleadings in this matter are closed and Bank believes and therefore avers that the filing of this Motion will not unreasonably delay trial. WHEREFORE, PNC Bank, National Association, respectfully requests that this Court enter Partial Surmnary Judgment in favor of Plaintiff and against Defendants, Harry F. Davis and Carol K. Davis, in the amount of Two Hundred Fifty Thousand Three Hundred Ninety-Four and 02/100 Dollars ($250,394.02) plus interest at the rate of Seventy-Nine and 75/100 Dollars 7 ;!ii,;,_,J. ~ -~ ~ m~ -'1--<.,ro"~.""=~"'~~ ~~j. ..~> >:-~~~.. ""liliililLii.L"-fi~ ii;"Wt!!i{.t'i""",.iii_h' ($79.75) per day, through the date of payment, including on and after the date of entry of judgment on the Complaint in Foreclosure, additional legal fees including, without limitation, legal fees incurred by Plaintiff in preparing and prosecuting this Motion and costs and for foreclosure and sale of the Mortgaged Property being tract 1 and tract 2 on the legal description attached to the Complaint in Foreclosure as Exhibit "D" and made part thereof. Respectfully submitted, Date: ~ ---1 ~ -c92..- By: arl . Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Plaintiff 8 ~'""""',""'" ..~ - - - --- - ~ , ~ "~,1' ~ ~ ~ ~ ~ ":Iilil:IIill -~~~ I J - .Jj;~.Jli1 H'_.'1I;~ 't~'o~,*~"_' PNC BANK. NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CNIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE AFFIDAVIT I, John Corcoran, Assistant Vice President, for PNC Bank, National Association (the "Bank"), the Plaintiff in the above-captioned matter, do hereby depose and say as follows: 1. That I have been an employee of the Bank for 14 years and am the account officer that is responsible for the collection of the loan (the "Loan") evidenced by the Mortgage and the Guaranty set forth in the Complaint in Mortgage Foreclosure filed on or about May 22,2001, in the above-captioned matter (the "Complaint"). 2. That my responsibilities as Assistant Vice President include reviewing the Bank's records for the purpose of determining a borrower's default of the borrower's obligations under loans with the Bank and the amount due to the Bank by a borrower. 3. That I have examined the Bank's records in connection with the Loan and hereby certify that Davis Green House, Inc., is in default of the terms and conditions of the Promissory Note dated November 20, 1998, in the original principal amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) attached to the Complaint as Exhibit "c" and made part thereof (the "Note") for failure to make payment of the amounts due to Bank under the terms and conditions of the Note and that Defendants, Harry F. Davis and Carol K. Davis are in default of the terms and conditions of the Guaranty dated November 20, 1998 and attached to the Complaint as Exhibit "A" and made part thereof and the Mortgage attached to the Complaint as 1 Exhibit "A" ~""''"'-"'~,.."..- ~ ~..~ ~-"'-'"",L,'.~'. ~""..-.~ - -~ . ~ ~ ~ ,d I' 6 '-"~~-ltiiillL'Wi"~""'~&!,,__ . Exhibit "E" and made part thereof for failure to make payments of the amounts due to Bank under the terms and conditions thereof. 4. That I have examined the Bank's records in connection with the Loan and hereby certify that the amounts due to Bank as of May 11, 2001, as set forth in the Complaint are accurate and include estimated legal fees to complete this matter. 5. That the Commercial Guaranty dated November 20, 1998, and attached to the Complaint as Exhibit "A"; the Promissory Note dated April 17, 1998, in the original principal amount of Two Hundred Forty-Five Thousand and 00/100 Dollars ($245,000.00), and attached to the Complaint as Exhibit "B"; the Promissory Note dated November 20, 1998, in the original principal amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) and attached to the Complaint as Exhibit "C"; and the Mortgage dated November 20, 1998, in the original principal amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00), and attached to the Complaint as Exhibit "E" are true and correct copies of the originals signed by, inter alia, Defendants, Harry F. Davis and Carol K. Davis, and the Debtor, Davis Greenhouse, Inc., respectively. 6. That the amount currently due to Bank under the mortgage obligation as of February 28, 2002, is Two Hundred Sixty Five Thousand Four Hundred Twenty Seven and 15/100 Dollars ($265,427.15), calculated as follows: a. Principal Balance: $229,685.79 b. Interest through February 27, 2002: $ 31,901.84 c. Late Charges: $ 1,294.02 d. Attorneys' Fees: $ 2.545.50 e. Total Due to the Bank as of February 27, 2002: $265,427.15 2 ~, .. r ; , ~' ;', ~,.. J;-"-" '_'_ _,1" '.'_' ,--,.---. 0' '''''-~,,,... _";,,~khl'~'i'~"'-,,_>~-,-,"I\"_!_' ~_ 0-' ~ .~ .. 7. That a true and correct copy of Bank's records evidencing the amounts due to Bank under the Note and the Guaranty by Harry F. Davis and Carol K. Davis exclusive oflegal fees and costs is attached hereto as Exhibit "A" and made part hereof. 8. That the debt due to the Bank under the mortgage obligation continues to accrue interest at the rate of Seventy-Nine and 75/100 Dollars ($79.75) per day, through the date of payment, including on and after the entry of judgment on the Complaint and continues to accrue late charges and attorneys' fees and costs. Signed and sworn this .:l.,""day ofFebruary, 2002. PNC BANK, NATIONAL ASSOCIATION By: ~~. i\ssistant Vice President Sworn to and subscribed before me, the day and year aforesaid. ) c-----... ! .../ Notary Public '^ V l.Al..... My Commission Expires: [ Notarial Seal Kyra E.Zoranski, Notary Pubiic Kingston Bora, luzerne Counly My Commission Expires Sept. 16, 2004 Member, Pennsylvania Association ot Notaries 3 _c~;,,"-"~ -,"1;,.", - .Iti~i_~Ji~'~ .;"~.~,, ~~,$!lJl~~.$~J '_f-/~';i.<c" 'i~~-"~~V,",,:"^F' C,'". -~,.. ~-, --!"',;.,M'~~'J'"'.'!;~"~n",;J~..",,,_ ~.lL __~JJHl!]~"_" "<,, -H',,_-. ,""", ," ~,_,_ .~",,,,,,___~ ., ,~,~ . ..', ,,.~_ """"c........ ",.".,... .. ,," . .....".. .... ....~.I .. , MAR 0 8 2002 !Ii! --'-' ~ ~"",,,.......I ~ " ' ~ ..."'- ~- ~ - .~, , , -.'~ ,18i1j,"-~ 7177373407 SAlOIS SHUFF MASLANO 134 P02 MAR 12 '02 11:S8 < PNC BANK, NATIONAL ASSOCIA nON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V AN1A : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE v. VERIFlCATION I, John Corcoran, for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge 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. PNC BANK, NATIONAL ASSOCIATION Date; ..g f z/o ~. By: ~/~ AV~ Corcoran ;'~-~". . ~ o'.~_" "_ - ~-"'\1i """ ~~ '""""'" '~-,",-,,-< . PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS: CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE AND NOW, this 15th day of March, 2002, I, Karl M. Ledebohm, Esquire, of the firm of Saidis, Shuff, Flower and Lindsay, hereby certif'y that I this day served a true and correct copy of Plaintiff PNC Bank, National Association's Motion for Partial Surmnary Judgment upon the parties listed below via United States Mail, postage prepaid, addressed as follows: Jerry A. Weigle, Esquire Weigle, Perkins & Associates 126 East King Street Shippensburg, P A 17257 Harry F. Davis 115 Hammond Road Shippensburg, P A 17257 Carol K. Davis 115 Hammond Road Shippensburg, P A 17257 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: {U~ / Karl M. Ledebolun, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff ~~%ci-..i;t2iNd,';;iM.lif~~ii&"""~Mh';'kJ:':~~&i:ho,-::,\",,-;-J"'i;I,d'~:'ic,t"'l-';'%:~' ~"~.~' " '.rc.-.~ 1;(!iilJi!1I!'.'. .mF!:u ~." ,.~~<,-~..~, . ,'...=--, ."~, "'""" -~, <--~",''''''''',- ,";".". ~. - ~-' .."- -~~ 'lUJ (") f; -0\'<, ;;~L; ..<. (.-'J", -< ~ ~v ~i3 ~ -::: , C')- f"",.) () -1-- :;;:: 'I'" -n 1""-;; JTl i.? (-, ,- :;"1 ('S t,"" ;=-:; L-;:.. :'J:J -< :':-0 <:0 w "-"' <:0 -'-- ~~. ~ ~ .. , " ~" ~~'. ,<< PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) PNC Bank, National Association (Plaintiff) vs. Harry F. Davis and Carol K. Davis (Defendant) Mortgage Foreclosure No. 01-3133 civil 19 I. State matter to be argued (x.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Partial Summary Judgment 2. Identify counsel who will argue case: (a) for Plaintiff: Karl M. Ledebohrn, Esquirefor PNC Bank National Association s: - (b) for defe~~ant: Jerry A. Weigle, Esquire for Harry F. Davis and Carol K. Davis 3. I will notify all Parties in writing within two days that this case has been listed for argument. Dated: August 5, 2002 Karl . Ledebohm, Esquire Supreme Court ID #59012 Sadis, Shuff, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 4. Argument Court Date: Angnst 28,200 ~~~~~ii~;di0}\I,~~,1l!.'~rJM~",.'#;i\\"':~',*~""J"','''i4il'''',,~,",~;,,-it\l,~tJi1';;-r,~_~rr~li"i1ij~;Jio~~'~ ,~"'~~"X --, 0" ~"_ ,K ~~ < .L-. () C> 0 C ,'-' '""11 ?: "'" ".-::.! -00:.1 ~ (!JITi en -- "'1'"1 Z:Ii 'f:9 ,Z)~ (X> ~L" r':C" :.::'iC) <: < "'" -,..:: -C, -,'=-.']'-1 ~O ::J1: ~;!C) ---(; '2 -<:::-.::;rn Pc G ?:; -I ,:- ;e -< r'-' ;JJ -< ;,~OI; '" ~~ .~ ,~-, .~- ~, . ,~. . , . ",. ~,.'~- PNCBANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 01-3133 HARRY F. DAVIS AND CAROL K. DAVIS: CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE AND NOW, this Id1J day of August, 2002, I, Karl M. Ledebohm, Esquire, of the firm of Saidis, Shuff, Flower and Lindsay, hereby certifY that I this day served a true and correct copy of the Praecipe for Listing Case for Argument and PNC Bank, National Association's Brief in Support of its Motion for Partial Summary Judgment upon Defendants Harry F. Davis and Carol K. Davis via United States Mail, postage prepaid, addressed to the Defendants legal counsel of record as follows: Jerry A. Weigle, Esquire Weigle, Perkins & Associates 126 East King Street Shippensburg, P A 17257 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: Karl . L debolim, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff , j~i_nihi".M;l6o;,illiiM~id,,,';};'i;;;I;W;i:"j"'chi,j(;~bJilit!!&.i.t-\'O!!-';g,V>l'@ilil,t':'~>"'3'i_,'"~1";i~:,:,*,IY"i,..M"'"4i;:i:",,0.b:1llr~~~."" cL) z:.-~)p - ,-^- ="d~,~,~,~_" ~-, UJ1&L' ,~ " _-.~\ w~ , Q C_ :;" -0 {13 rom %i; <;Q :z, !:2 C~' J>>c ';?;;o )'"c z ~ C) r,) ''''" C: en \ (p " . r~ "'" ~""~ ,...:.,.. :D ,-- -'A\~~;j 1,.L. -:-1 ~..,;/ ,::::-. '_,:0 ".-n, 9\ ":.-",. ~ ~:? ,:- Iv ,-- j~,;, . ~ PNC BANK, NATIONAL ASSOCIATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 - 3133 Civil Term HARRY F. DAVIS and CAROL K. DAVIS. Defendants CIVIL ACTION - LAW MORTGAGE FORECLOSURE ANSWER In response to the Complaint filed in the above-captioned matter, the Defendants, Harry F. Davis and Carol K. Davis, by and through their attorneys, Weigle, Perkins & Associates, file their Answer as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that the Defendants executed a mortgage, dated November 20, 1998, as security for a note, dated November 20, 1998, in the original principal amount of $250,000.00. It is denied in that after reasonable investigation, Defendants assert that the mortgaged property does not include tract 3 as described in exhibit "D" and strict proof to the contrary is demanded at trial. 6. Admitted in part and denied in part. It is admitted that the above-referenced mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County. It is denied in that after reasonable investigation, Defendants assert that the mortgaged property does not include tract 3 as described in exhibit "D" and strict proof to the contrary is demanded at trial. 7. Denied in that after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment because the means of proof are within the exclusive control of Plaintiff. 8. Admitted. 9. Denied. The Defendants believe and, therefore, aver that with the most recent payments forwarded to the Plaintiff, in connection with the aforementioned note, that the principal balance and interest due are less that the amount as set forth and strict proof to the contrary is demanded at trial. With respect to late charges and attorney fees, it is denied in that after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment because the means of proof are within the exclusive control of Plaintiff. WEIGLE, PERKIN5 & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ~'.,! . 10. Denied in that after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment because the means of proof are within the exclusive control of Plaintiff. 11. Denied in that after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment because the means of pr.oof are within the exclusive control of Plaintiff. 12. Admitted. 13. Admitted. 14. Admitted in part and denied in part. It is admitted that the Plaintiff has made demands upon Defendants to make payments. The Defendants deny the remainder of said averment in that the Defendants believe and, therefore, aver that the amount demanded is inaccurate and strict proof to the contrary is demanded at trial. WHEREFORE, the Defendants request judgement in their favor along with such other and further relief as the Court may deem appropriate. Respectfully Submitted, WEIGLE, PERKINS & ASSOCIATES By: Jerry A. Weigle, Esquire Attorney J.D. #01624 126 East King Street Shippensburg, P A 17257 Telephone (717) 532-7388 By: WEIGLE, PERKINS & A~SOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 """-, <'''''',' "-,..' ~ . VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S. 4904, relating to unsworn falsification to authorities. ~ Q ,,':loo{ te ~ J . ~~ ~ {L . ARRYF.IoA IS WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 '-"'-'~'~ ~, " ,;,' >-~, ~E';- . ~ VERIFICATION I verifY that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S. 4904, relating to unsworn falsification to authorities. ~/1/(j1 Date l . ~J<~ CAROL K. DAVIS WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ,~~~~~Ilr.mM~~;,AA1'fh~fl.:;;"'1i<-'i-ilim.'i1~~~~'Iii;j~~~ ;,),[k~~37\<'~,,",r''''~ "'", ~ _~ ,''''__~'^~''''~_''__,CJr,~'O<, o.'~':',_'1c" ", '., o.'^'''' '., ,^~",'~"~'-""'~' ",,_, ,,~, .~ _~ ~_ ___"",,,_"" A " '< "olIalQrtili'll ,'[J'>''-' r'" ~ '.. "~ ,~ ',"",,, ""' --~ , L.(; (/' u-:-;, ~, >> j~ , - ::.". .~,. ~,; n '-...- C_ .':=; ~ ::'::::J ~-~ --<:, r '..) ,'- , --<., , -I I . Ii!li' ,'= ~JI' I '-' ".,-,-- '4 '" _ ~- ~ ,_, '.' - . '"c~" PNC BANK, NATIONAL ASSOCIATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01- 3133 Civil Term HARRY F. DAVIS and CAROL K. DAVIS. Defendants CIVIL ACTION - LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Jacolyn J. Moose, being du1y sworn according to law, deposes and says that on Ju1y 11,2001, a true copy of the Defendant's Answer to Plaintiffs Complaint was mailed to Karl M. Ledebohm, Esquire, by mailing the same postage paid at Shippensburg, Pennsylvania, addressed as follows: Karl M. Ledebohm, Esquire Saidis, Shuff, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 ~~ ACOLYN.M SE Sworn to and subscribedr.before me this (I}i' day of V(..t i ,2001. JJo.ixJl'La I (;4 n Notary Public NotarialSeal Patricia L Tome, Notary Public ShippensburgBoro, Cumbe~and County My Commission ExpireS June 7, 2004 WEIGLE. PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 172S7~1397 ~~~.~l'!.,WI~~4&~\fi._~~1~1~WjI";;,:"tMJM1I'4:,,~,,"i.48~I~J~_ijif!r""" ,"" ~"'...--, <" l'c' Ill. '~,L'.;:'~ ,-~ " """ " , '. It, " .,,-C rc/1~ o ~? ,'.' " _.-,. ,~UJ.JUll!ln" J. ''''""'"''7.''o.,,,''"-''!'i'",K<;_~,'''~''''''''',,'<".,,_ "",,~""',", ~ ~.X<,~ '.<','~""'><l~"" ." _,~ ~, ,^, fi ~"''''''''''".,w.,v~~~Jli'';'''''rIii'r1'i''.~. " I. ~ -", .,--,~-'": -&~~.$m-.o<' r", ... SHERIFF'S RETURN - REGULAR , CASE NO: 2001-03133 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS DAVIS HARRY F ET AL DEP DAVE MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DA\i"IS HARRy F DEFENDANT the , at 1800:00 HOURS, on the 31st day of May , 2001 at 115 HAMMOND ROAD SHIPPEN$B<$G, PA 17257 by handing to CAROL K DAVIS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.68 .00 10.00 ,DO 36,68 r'~ ~~t:~-, R. Thomas Kline 06/01/2001 SAIDIS,SHUFF,FLOWER & LINDSEY Sworn and Subscribed to before By: ~/?N/~ Deputy heriff me this :U..t1:::. day of Qu., _ okwl A.D, C)rL 0 /uJ/;~" ~- Prothonotary ~'''~.,"=>' ,_"d---~ ~ ~-, "" ~~ = ~~' ~ ~~ ~c ~ J ~ ~ ~ ~_"L,. "-""'..;~"'-oili.."l~"'-'~ ~&iti~:;;~fifi""'" J'. II. SHERIFF'S ~~TURN - REGULAR CASE NO: 2001-03133 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS DAVIS HARRY F ET AL DEP DAVE MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DAVIS CAROL K the DEFENDANT , at 1800:00 HOURS, on the 31st day of May , 2001 at 115 HAMMOND ROAD SHIPPENSBURG, PA 17257 by handing to CAROL K DAVIS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~--t:~ R. Thomas Kline Sworn and Subscribed to before 06/01/2001 SAIDIS,SHUFF,FLOWER & LINDSEY By: J%/7/-/.,J ~'/t: ~ Deputy Sher~ . ~ me this .L C. ~ day of ~ 2An1/ A.D. Quf"-L-. a n" flP" '#Ix:;, Prothonotif i,1 -~ __ . ,- ~ '" ~~ ~- ~ " .'--. . " _ .' '; J' " ~H ......;~I;. .. PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01 -.]JJJ Qto~l~~ HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 1 r~~$. ~,_.-..~ - . ~ " , .-~ .~ '~nii'l I ,I ! ! PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENN8YL V AN'.A v. : NO. HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE NOTICIA Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO 0 PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 2 ~',< , , ~ . , "'. " ,'" . , ':0 > i ~. !".i~': PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. {j/- 3/33 ~ 7.U-- HARRY F. DAVIS AND CAROL K. DAVIS : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Plaintiff, by its attorneys, Saidis, Shuff, Flower and Lindsay, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, PNC Bank, National Association, ("Bank") is a national banking association organized and existing under the banking laws of the United States of America with a principal regional office located at One PNC Plaza, 21st Floor, 249 Fifth Avenue, Pittsburgh, Pennsylvania 15222-2707. 2. The Defendants, Harry F. Davis and Carol K. Davis, are adult individuals whose last known address is 115 Hannnond Road, Shippensburg, Pennsylvania 17257. 3. On or about November 20, 1998 Defendant's executed and delivered to the Bank a commercial Guaranty (the "Guaranty"), guarantying the prompt payment of all amounts due to Bank by Davis Greenhouse, Inc. (the "Debtor"). A copy of the Guaranty is attached hereto as Exhibit A may part hereof. 4. The Debtor executed and delivered to Plaintiff two promissory notes (collectively, the "Notes"): A Promissory note dated April 17, 1998 in the original principal amount of $245,000.00 ("Note A") and a Promissory note dated November 20, 1998 in the original principal amount of $250,000.00 ("Note B"). A copy of Note A and Note B are attached hereto as Exhibits "B" and "C" respectively and made a part hereof. 5. As security for the Loan evidenced by Note B, Defendants executed and delivered to 3 ,~k,'~" _," " ,I ",--- :<'~";:f -'~~~U' M_'" ~~~~ Bank a mortgage in the original principal amount of Two Hundred Fifty Thousand and 00/100 Dollars ("Mortgage") on that certain three (3) tracts of land together with the buildings and improvements erected thereon located in South Newton Township, Cumberland County, Pennsylvania known as 103 Hammond Road ("Property") being part or the larger tract described by legal description erroneously attached to the Mortgage. At all times relevant hereto, Defendants were and remain the record and sole owners of the Property. A description of the Property is attached hereto, made a part hereof and marked Exhibit "D". 6. On December 8, 1998 the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1504, Page 168. A copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit "E". 7. The Mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of Defendant. 8. Debtor has breached the terms and conditions of, inter alia, Note B and Defendants have breached the terms and conditions of the Mortgage and Guaranty and are in default under such terms and conditions because they have failed to make the payments required in accordance with the terms thereof. 9. Defendant is presently indebted to Bank under the Guaranty and the Mortgage in connection with amounts due in connection with the loan evidenced by Note B and as of May 11, 2001, in the amount of Two Hundred Fifty Thousand Three Hundred Ninety Four and 02/100 Dollars ($250,394.02) itemized as follows: Principal Balance $229,685.79 Interest to and including May 11,2001 $ 8,534.49 $ 298.62 Late Charges Attorney Fees $ 11.875.12 4 ! ""''',,<:' ~ =, .~" . ~~ ~' ~"< TOTAL DUE $250,394.02 10. Defendants also agreed under the terms of the Mortgage that in the event of default thereunder they would pay, in addition to the charges listed in paragraph 9 above, costs incurred by Bank as a result of the institution of these legal proceedings. 11. The obligation owed by Defendant to Bank continues to accroe interest thereon at the rate of $79.75 per day, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, and attorneys' fees. 12. Plaintiff is not seeking foreclosure on the basis of a "residential mortgage" obligation, as that term is defined in Act No.6 of 1974, 41 P.S. ~101 et seq., and Plaintiff is therefore not required to give the notice required by Section 403 (a) of said Act. 13. Bank, by letter dated March 26, 2001 and forwarded to Defendants derr.anded the inunediate payment of all amounts due to Bank in connection with the loan evidenced by Note B and the Mortgage. A copy of the Banks demand letter is attached hereto as Exhibit "F". 14. As set forth above, Bank has made demand upon Defendant herein to make payments of all amounts due under the Mortgage in connection with the loan evidenced by Note B. However, Defendants have refused and failed and continues to refuse and fail to make payment to Plaintiff. WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against, Defendants, Harry F. Davis and Carol K. Davis in the amount of Two Hundred Fifty Thousand Three Hundred Ninety Four and 02/100 Dollars ($250,394.02), plus interest at the rate of $79.75 per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property. 5 I," ~-~....I> ~, Respectfully submitted, ]),re r- /4(61 , FLOWER & LINDSAY ~ SAIDIS, S By: Karl . Led bohm, Equire Sup eme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff 6 -"" ," -'<"'''''- ~'ii,;_ -~'-:W*v;-, '1!.!_I'Iir_~"'~!ilillljJj~I~~!i;t!III,OiillilL,I!lS",,,",,,j~",,~dlil.i..,,~~"-"'~ .. _~h "i/--' . ~ - '. 0=_-"". ~O"_ ~ ~ .j1b.~h.iJ'IiM:I'~'-"J'" ti.~:Qi" SOMMERCIAL GUARANI' '[, .... ..PrtnCipah",x ,,,,,,,'.,.tqll.lltDate:'.>'.Matur.ity'.".'.,tLoall?Nox,. "-;-.:.:::>:;; :::;:::~::;:::::: ,;.:,' :':-;-; ".:-:.:.:.:,-:-:-:-;.: :i::':::::::::::::::::::::::::::i:::: ::::::: ;::::::: :::~:::::::::::::::::::::::i::::::::::::;:~::::::::::::::::::: ::';:': ,::.:'.:.:.....;.-...- ... ':'::}::;:::?::~:;:;~:}:' ::::\::;:::t:::::::::;:,::::.::: ,. . Collateral Initials Borrower: DAVIS GREENHOUSE, INC. (TtN: 232488205) 103 HAMMOND ROAD SHIPPENSBURG, PA 17257 Guarantor: HARRY F. DAVIS and CAROL K. DAVIS 115 HAMMOND ROAD SHIPPENSBURG, PA 17257 Lender: PNC BANK, NATIONAL ASSOCIATION 4242 CARliSLE PIKE CAMP HILl,PA 17l101-8874 AMOUNT OF GUARANTY. The amount 01 this Guaranty is UnlimIted. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, HARRY F. DAVIS and CAROL K. DAVIS ("Guarantor") absolutely and unconditionally guanntee IIIld promise to pay,Jolntly and severally, to PNC BANK, NATIONAL ASSOCIATION ("Lender") or its order, in legal tender 01 the United States 01 America, the Indebtedness (as that term Is defined below) 01 DAVIS GREENHOUSE,IHe. ("Borrower") to Lender on the terms IIIld conditions setlorlh In thiS Guarllllty. Under this Guaranty, the liability 01 Guarantor Is unlimited and the obligations 01 Guarantor are continuing. DeFINITIONS. The following words shall have the following meanings when used in this Guaranty: Borrower. The word "Borrower" means DAVIS GREENHOUSE, INC.. Guarantor. The word "Guaran/or" means HARRY F. DAVIS and CAROL K. DAVIS, who are signing this Guaranty jointly and severally. Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lender dated November 20, 1998. Indebtedness. The word "Indebtedness" is used in its most comprehensive sense and means and includes any and all of Borrower's liabilities. obligations. debts, and indebtedness to Lender, now existing or hereinafter incurred or created, inciuding, without limitation, ali Joans. advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of BorrOwer, or any of them, and any present or future judgments against Borrower. or any of themj and whether any such Indebtedness is voluntarily, or involuntarily incurred. due or not due. absolute or contingent. liquidated or unliquidated. determined or undetermmed; Whether Borrower may be liable Individually or joinUy with others, or primarily or secondarily, or as guarantor or surety: whether recovery on the Indebtedness may be or may become barred or unenforceabie agelnst Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise. Lender. The word "Lender" means PNC BANK, NATIONAL ASSOCIATION, its successors and assigns. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements. mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. NATURE OF GUARANTY. Guarantor's liability under this Guaranty shall be open and continuous for so iong as this Guaranty remains in force. Guarantor intends to guarantee at all times the pertormence and prompt payment when due, whether at maturity or earlier by reason of aCceieration or otherwise, of all Indebtedness. Accordingly, no payments made upon the Indebtedness will discharge or diminish the continuing liability of Guarantor in connection with any remaining portions of the Indebtedness or any of the Indebtedness which subsequently arises or is thereafter incurred or contracted. The obligations of Guarantors shall be joint and several. Lender may proceed against any of the Guarantors individually, against any group of Guarantors. or against all the Guarantors in one action, without affecting the right of Lender to proceed against other Guarantors tor amounts that are covered by this Guaranty. Any inability of Lender 10 proceed against any Guarantor (whether caused by actions of a Guarantor or of Lender) will not afleet Lender's right to proceed against any or all remaining Guarantors lor all or part of the amounts covered by this Guaranty. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity at any acceptance by Lender. or any notice to Guarantor or to Borrower, and will continue in full force until all Indebledness incurred or contracted before receipt by Lender of any nolice at revocation shall have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been pertormed in fUll. If Guarantor eiects to revoke this Guaranty, Guarantor may oniy do so in writing. Guarantor's written notice of revocation musl be mailed to Lender, by certified mail, at the address of Lender listed above or such other piace as Lender mey designate in writing. Written revocation of this Guaranty will appiy only to advances or new Indebtedness created after actuat receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not inciude indebtedness which at the time of notice of revocation is contingent, unliquidated, undelermined or not due and which later becomes absotute, liquidated, determined or due. Notice of revocation shall be effective oniy as to the particular Guarantor providing the notice,. and shalt not affeclthe Iiablllly of other guarantors. This Guaranty will continue to bind Guarantor lor all Indebtedness incurred by.Borrower or committed by Lender prior to receipt of Guarantor's wrttten notice 01 revocation, including any extensions, renewalS, substitutions or modifications 01 the indebtedness. AD renewalS, extensions, sUbslilutions, and modifications 01 the Indebl8d_s granted atter Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty Shall bind the estate of Guarantor as to Indebledness created both before and after the death or incapecity of Guarantor. regardiess 01 Lender's actuai notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other iegal representative may terminate this Guaranty in tne same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other gueranty of the Indebtedness shail not affect the tiability of Guarantor under this Guaranly. A revocation received by Lender from anyone or more Guaranlors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount 01 Indebtedness covered by this Guaranty, and It Is specifically acknowledged and agreed by Guarantor that reductions In the amount 01 Indebtedness, even to zero dollars ($0.00), prior to written revocation 01 this Guaranty by Guarantor shall not constitute a termination 01 this Guaranty. This Guaranty Is binding upon Guarantor and Guarantor's heirs, successors and assigns SO long as any 01 the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may Irom time to time be zero dollars (SO.OO). GUARANTOR'S AUTHORIZATION TO LENDER. Guerantor authorizes Lender, either before or atter any revocation hereof, without notice or Demand and without lessening Guarantor's lIablllly under this Guaranly, from time to time: (a) prior to revocation as setlorth abOve, to make One or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (b) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the lime lor payment Or other terms of the Indebtedness or IIIlY pari 01 the Indebtedness, InCluding Increases and decreases 01 the rate of Interest on the Indebtedness; extensions may be repeated and may be tor ionger than the original loan term; (c) to take and hold securlly tor the payment of Ihls Guaranty or the Indebtedness, IIIld exchllllQe, entorce, waive, subordinate, lall or decide not to perfect, IIIld release any SUCh secunty, With or without the substitution 01 new collateral; (d) to release, subslllute, agree not to sue, or deal with anyone or more 01 Borrower's sureties endorsers, or other guanntors on any terms or In any mllllner Lender may choose: (e) 10 determine how, when and whal application , f;:X h i'b i-r- "19 'I ", !:,"7' i-t ':ii,~,bl'i ;,:~,-U,:-&-,I;itV :i",,~~d~ji', ," ,,,!' '!',I,,,,,,;,,,,, __c ,__".-il_'.rc He "d~;U!SJii,l~a,liiii~iilai:iihdiiirM!,liiii!,,~jJ!OOl~i1I~II~~:''':"",,~,--~-~]I:ti!~w1!i~.~~I_IJit~~~ii!ilJliIliiH6i~ii!M__W"""' __k '11.-20-1998 l.oan No COMMERCIAL GUARANTY (Continued) Page 2 01 payments alld credits shall be made on the Indebtedness; (I) to apply such securtty and direct the order or mlll1l1"r 01 sate thereof; including wllhoutlimllallon, any nonjudicial sate permllled by Ihe lerms 01 the controlling security agreement or deed ollrulft, as Lender In lIs discretion may de,ermine; (g) to sell, Iransler, assign, or grant participations In all or any part 01 the Indebtedness; and (h) 10 lISSlgn or transler this Guaranty In whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no reprasenlations or agraements of any kind have been made to Guarantor which WoUld limit or quality in any way the terms o~ this Guar~nty; .(b) this Guaranty is e~~ed at Borrower's request and not at the request of Lender: (c) Guarantor has full power, right and authonty to enter Into thIS Guaran\;': (d) the proVls,lons of this Guaranty do not conflict with or result in a default under any agreement or other instrument blndl.ng upon. Guarantor ,~nd d~ not result In a VIolation Clf any law, regulation, court decrae or order applicable to Guarantpr: (e) Guarantor has not and Will not, Without the pnor wn~n consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any Interest therein: (f} upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information whiCh currently has been. and all future financial information which will be provided to Lender is and will be true and cerrect in all materiat respects and fairly present the financial condition of Guarantor as of the dates the financial information is provided; (g) no material adverse change has occurred in Guarantor's financial condition since the date of themest recent Lfinancial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (hJ no litigatio~, claim, invastigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatenedj (I) Lendar has mada no representation to Guaranlor as to the creditworthiness of Borrower: and U} Guarantor has es1ablished adeqUate mee.rni of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees 10 kaep adequately informed from such means of any facts, events,' or circumstances which might in any way affect Guarantor's risks under th.is Guaranty, and Guarantor further agrees 'that Lender shall have no obligation to dISclose to Guarantor any Information elr documents acquired by Lender in the course of its relationship wi~h Borrower-. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (aJ to continue lending money or to eXlend other credit to Borrower; (b} to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment ot the Indebtedness or of any nonpayment related to any collateral, or notice, of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness cr in connection .with the creation of new or additional loans or obligations; (c) to resort tor payment or to proceed directly or at once against any person, Including Borrower or any other guarantor; (d) to procaed directiy against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (e) to give notice of the terms, time, and place of any public or pnvate sale of personal property security held by Lender from Borrpwer or to comply with any other applicable provisions of the Uniform Commercial Code; (f} to pursue any other remedy within Lender's power; or (g) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoevl:lr. Guarantor also waives any and all rights or defenses arising by rl;tason of (al any "one action" or "a,nti-deficiencY" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guar.nter, before or 'after, Lenders commencement or completion of ',ny foreclosure action, either judicially or by ex~rcise of a power of sale; (b) any electiqn of remedies by Lender which destroys or otherwise adversely 8.ffects Guarantor's subrogation rights or Guarantor's rights to proceed against BorrQwer for reimburseq'lent, including without. limitation, any loss of lights Guarantor may suffer by reason ot any law limiting, qualifying, or discharging the Indebtedness; (c} any disability or other defense of Borrower, of any other guarantor, or of any other person, orby reason of the cessation of Borrowers liability from ary cause whatsoever, other than payment in full Inlegai tender, of tha Indebtedness: (d} any nghf to claim discharge of the Indebtedne~s on the basis of unjustified impairment of any collateral for the Indebtedness: (e) any statute of limitations, if af any time any action or suit brought by Lender against Guarantor is commenced there is outstanding Indebtedness of Borrower to Lender whiCh is not barred by any applicable statute of limitations; or (f) any defenses given to guarantors at law or In equity other than actual payment and performance of the Indebtedmess. if payment is, made by Borrower, whether voluntarily or olherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustae in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of anforcement ot this Guaranty. Guarantor further waives and agrees not to ~rt or claim at any time any deductions to the amount guarantaed under this Guaranty for any claim of setoff. counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. CiUARANTOR'S UNDERSTANDING WtTH,RESPECT TO WAIVER$. Guarantpr warrants and agraes that each 0.1 the waivers set forth above is made with Guarantor's lull knowledge of its signifi!"lnoe and consequences and that, under the pircumslancas, the waivers are reesonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted l)y law or public policy. LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against the moneys, ,securities or other property of Guarantor given to Lender by law, i.ender shall have, with respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by law, a contractual security interest in and a right of seloff against, and Guarantor hereby assigns, conveys, delivers, pledges, and transfers to Lender all of Guarantor's right, title and intsreSt in and to, all deposits, moneys, securities and other property of Guarantor now or hereafter In the possession of or on deposit with Lender, whether hlIId. in a general or special account or deposit, whether held jointiy with ,someone else, 01_ hlIId for safekaeplng or otherwise, excluding however ail IRA, Keogh, and trust accounts. Every ~uch security Interest and right of setoff may be exe.alsed without demand upon or notice to Guarantor. No security Interest or right of setoff shall be daemed to havebaen waived by ariy actor conduct'on the part of Lender or by any neglect to exercise such right of setoff or to enforce such security interest or by any d.elay in so doing. Every right of setoff and security interest shall continue in full force and effect until such right of setoff or security interest is specifically waived or released by an instrument in writing executed by Lender. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agraes Ihat the Indebtedn,,"s of Borrower to Lendar, whether now existing or hereafter creeted, shall be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the 85St!ts of Borrower. through bankruptcy, by an assignment for fhe benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower epplicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the indebtednesso! Borrower to Llmder. Guarantor does hereby assign to Lender aU claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose ~f assuring to Lender full payment in legal tender of the indebtedness. If Lender so requests, any notes or credit agreements now or hereaffer evidencing any debts or Obligations of Borrower 10 Guarantor shall be, marked with a legend that the sarne are subject to this Guaranty and shall be delivered to Lender. Guarantor agl88S, and Lender hereby is authori:z:ed, in the name of Guarantor, from time to time to execute and file financing statements and. continuation statements and fo execute such other documents and to take such other actions as Lender daems necessary or appropriate to Perfect; preserve and enforce iis rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the {.~J..l_,_,_,~JnL_,~..~_" _ _~'^~,~~_ ~, "~~~~~",_J , - ,,~,.,., ~'~"IIili.i" ~-.-~ .._1".--- 1< -~' 0,;., , . -~~., "liIti.[~- '"' "''''' "''"1hi;;i;i. 'li1'":':'- "..,20-1998 Loan 'No COMMERCIAL GUARA/Io iY (Continued) Page :: matt~ set forth in this Guaranty, No alteration of or amendm~nt't6'lkis-Gu~ranty shall be effective unless given in writing and signed by the part\' or parties sought to be charged or bound by the alteration or amendment Applicable Law. This Guaranty has been' delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there IS a lawsUit, GU!lrantor agrees upon Lendar's request to submll to Ihe jurisdiction of the courts of CUMBERLAND County, Commonwealth of Pennsylvania. ,Lendar and Guarantor h~y waive the rtghtto any jury trial in any action, proceeding, or counterclaim brought by either Lender or Guarantor agamst the other. This Guaranty shall be governad by and construed in accordance with the laws Of the Commonwealth of Pennsylvanlll. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including altorneys' tees and Lender's legal expenses, mcurred In connaction WIth the entorcement of this Guaranty. Lender may pay someone else to help entotce IhisGuaranty, and Guarantor shall pay the costs and, expenses of SUCh, enforcement Costs and expenses include Lender's altorneys' fees and legal expenses whether or not there IS a laWSUit, Including altorneys fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacale any aulomatic stay or Inlunction), appeals, and any anticipaled post-judgment collection services. Guarantor aiso shall pay all court costs and such addlllonal fees as may be direcled by the court. Notices. All notices required 10 be given by either party to the other under this Guaranty shall be in wrtting, may be sent by lelefacsimile (unless oth",,","e require,:! by law~and, except for revocation notices by Guarantor, shall,be etfective when actually delivered or whendap,csiled with a nationally racogntad ,ovemlghtcoune:, or when deposited in the United Slates mail, flrsfctess postage p~paid, addr_dta the party fo whom the notice IS to be Qlven at the address shown above or to such ,other addresses as either party may designa,l!lto the other in wrtting. All revocation notiC8$ by Guaranfor shell be in writing and shall be effective only upon delivery to Lender as provided above ,jn the saction titied "DURATION OF GUARANTY: If there is more than one Guarantor, notiCe to any Guarantor will constitute notice taall Guarantors. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Interpretallon. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been-used in the pluraJ where the context and construction so require: and where there is more than one Borrower named in this Guaranty or when this Guaranly is exaculed by more than one Guarantor, the words "Borrower" and "Guarantor" respactively shall mean all and anyone or more of them. The words "Guarantor/' "Borrower," and"Lender" inClude the heirs. succesSors, assigns. and trat1srereis of each of them. Caption hE!adings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty: If a coort of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any p"!rson or circumstance. such finding shall not render that proviSion invalid or unenfo~eable as to any other persons or circumstances. and alt p:'ovisions of thi&-Guaranty- in all other respe~ts shSli remain valid and enforceable. If anyone or more of Borrower or Guarantor are corpt:rations Or partnerships, i! is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or puroorting to act on their behalf, and any Indlibtedness made or craated in reliance upon the professed ekercise of such powers shall be guaranle&d under this Guaranty. Waiver. Lender thall not be deemed to have waived anyJjQh~ts~~der this Guaranty unless such waiver is given in writi:1g and signed by Lender. No delay or omlstionon the part of Lender in exercising any'rtght shall operate as a waiver of such rtght or any other nght. A waiver by Lender of a provision,of this Guaranty shall not prejudice or constitute a waiver of Lender's rtght otherwise to demand strict cc",pliance with thai provision or any other provision of this Guaranty. No prtor waiver by Lender, nor any course of dealing between Lender and Gua,antor, shall constitute a waiver of any of Lender's rtghts or of any of Guarantor's obligations as to anY future transactions. Whenever the consenl of Lender is required under this Guaranty, the granting of such consent by Lender in any inslance shall not constitute continuing consent to subsequent inslances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. LIMITED RECOURSE AS TO NON-APPLICANT SPOUSE. Notwithstanding anything contained herein to the contrary, it is agreed that, unless an exception to the requirements of Regulation B of the Board of Governors of the Federal Reserve System applies in connection with the extension of the Indebtedness and the exacution of this Guaranty, Ihe spouse who is deemed not to be the "applicant for credir for purposes of such regulalion (the "Non-Applicant Spouse") shall be personally liable under this Guaranty only with respact to assets held jointly as of the date hereof or hereafter acquired, and the lien of any judgment, order or other relief against the Non-Applicant Spouse shalt be limited thereto. Nothing herein, however, shall limit the Lender's rtghts against any person, firm or entity other than the Non-Applicant Spouse, FINANCIAL INFORMATION (GUARANTOR). Guaranlor shall deliver or cause to be delivered to Lender within 15 days of filing each year: (a) a copy ot the federal income lax return fiied by Guarantor, which tax relum shall be a true and complete copy of the return filed by Guaranlor with the Internal Revenue Service; and (b) an updated personal financial statement of Guarantor. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE CHARGES. AND Ar-tY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLlATERAL SECURING THE INDEB7EDNESS TOGCTHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLlARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY: AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VEFlIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT, THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THiS' GUARANTY, GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, eXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNEb GUARANTOR ACKNOWLEDGES HAVING READ ALL THE, PROVISIONS OF THIS GUARANTY AND A,GREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S E1I!;ECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND ~lnn;.GUARANTY WILL.CQNTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO'FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED NOVEMBER 20, 1998. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUARANTOR: _-.;.,,'(i~--...,.<_~. '1;",,-,,::i!""1-11',~,i!ili~Mt"'K,"L,:Cj";l;;i_\j'm.ltiM!W:lil-~~'l':iWd''':llif':!1i<,;1~i~m;,,',,:_,,"Lin .0-.""""1'"-""..,, """;"'~"k"",;l'~I\lMit~~~~~' ti:'i'.1lua"- ,~. - < j:ll!lletiiIH....~ ~-""""'.' " 11-20-1998 Loan No xy(Jt)''':'i'V'{j;;;<.:;~f:JjJ}t;?'''; 7~~~~7(D~- ' COMMERCIAL GUARANT. (Continued) Page 4 .....,............................. ...,...,....:.:...'js$(E1 x.;~.fn;r~;w .. CAROL K. DAVIS ..-.....,................... ............................... ................. . ...,..i............i)'IS~1 INDIVIDUAL ACKNOWLEDGMENT STATE OF I e/1/'ll 5 y t.//I! ,ull'''' COUNTY OF ttc.1'Il AUL.-IrA//) I )SS I On this. the ;J.fl11 day of A,~tll':-lrl/':;t;;-x.. , 191L.., before me kl'/iI L ha>~ , the undersigl1l!d Notary Public. personally iPpftted HARRY F. DAVIS IIIld CAROL K. DAVIS, known to me (or satiSfactorily proven) to be the person whose nemos are subscribed to lhewithln instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof. I hereunto set my hand and olll.laI seal. M'F Y dnLN Notary Public in and for the State of /}f I..ASEA PAO. Reg, U.S. Pat. & T.M. Off.. Ver. 3.26 (C) 1998 eFI Pro$ervlces.lnc, Allrlghtsrelerved.IPA-E20 OAVIS2.LN C29.0VLI NlItatIaI Se2J Kay L. Fodor. Notary Public ..... GlIIlySbulltBoro, Adams County "'1 CommIssion Expires Jupe 25. 2001 Mern"'''~ - ~-- I -...~I.~ "-. .U\ .:.. .' ~f:~: ,~'__.~ ; :.: -;- . ~);,~~J!nm1JlJI.~,"""'...,...,""~.._$-",. l.. ~ .,',,~". ~>~,~-,c~,.~,,,"~"" ,"', ..,e'~,~~', ,~".'.'. _" ",~,>,-, ~',,~, ~""",""r_ _~. ~ , ~ - ~"",j .......,~ l,~ . '" ~ .~ 1 O~/30/01 11: 07 '6'5709616240 PNC SPEC. ASSETS 141010/011 (;.0/020 I 5'"? #1 PROMISSORY NOTE .~~~~~~&..;:;th;l:i~~;~i{;a~~~IJfig;':;"'!-:91l~'f>lO'j:~Yt,!;~1';: :~9I1ateraf 20014648412. .. ',115" ReferencBS 11"1 the sh8Cled area are for lendar's use only and do not limit the applicability of rhis document 10 any particular loan or lIen'!. ~ Borrower: OAVIS GREEI/HOUSE. II/C. (TIN: 23-~48621151 1e3 HAMMOND ROAD SHIPPENSBURG, PA 17257 Lender: PNC BAIo/K, NATIONAL ASSOCIA nON 4242 CARLISLE PIKE III ~J" t- CAMP HILL, PA 17001-8874 1 ~ Principal Amount: $245,000.00 Interest Rate: 8.000% Date ot Note: April 17, 1998 PROMISE TO PAY. DAVIS GREENHOUSE, INC. ("Berrowet"' promises 10 pay 10 PNC BAIo/I<, NATIONAl ASSOCIATION ("Lender"), or order, In lawlul money 01 the UnIted S1ales of America, tl>e principal amounl 01 Two Huntlred Forly FIV" Thousand & 001100 Dollars ($245,00000), together with interest 81 the rate at 8_000% per annum on the unpaid p!inCipal balance 'rom April 17, 1998. until paid In full. PAYMENT- Borrower will pay lhls loan In S9 regulBr paymenls 01 $2,067.32 eoch and on" IrregUlar laSl paymenl estllMled at $216,'4D.57 Borrower s first payment Is due May 1'. 1998. and all SUbsequent payments are due on the same day of e.ach month after that. Borrower's final payment due April ~7, 2a~. will be for all principal and aU accrued Interest not yet palO. Payments incluae principal ana interest ;he annual_ Interest ratB fer thIS Note /5 computed on a 365/360 basis; that is. by applying the ratIo ot toe annual interest rate over 8 year 01 360 days, multiplied, by the outstanding prinCIpal halance, multiplied by the actual number Of days the principal bala"cQ is outstanding. Borrower win pay Lem~er al Lender s ~ddr8ss s~Qwn above or at SUGh other place as l..endet may deSIgnate In wt1ting. Unless otherwiSQ agreed or reauired by applicable law. payments WI" be applied first to accrued unpaid jnterest, then to principal, and any remaining amount to any unpaid coJlection costs and late charge5. PREPAYMENT PENALTY_ Upon prepayment Ollhi,' Nole, Lender Is enUlled tolhe fOllowing prepaymenl penally: On any buslne,s day, upon paym"nt of all accru"d unpatlllnter"s1 an Ihls NOle, and upon live (5) DUsin""" day's prior wrlll"n nollce 10 Lender, the Borrow"r may p'''pay all or part of the outstanding pttm:::ipal ot this Note; provideQ, however. that the Borrower also agrees to pay LenCler as compensation tor the cost of aDvancmg fixed rtlte tundS, an amount equal to tne Cost of Prepayment. "Cost of PreplIyment" meanS an amount equal to the present value. " posillve, of the producf or (a) the difference between (Il the yield, on the dale ollhl. NOle, 01 a U. S. Treasury obllgollon Wllh a malurity similar 10 lhls 10101" minus (ii) Ih" yield on Ihe prepaymenl dale, or a U. S. Treasury oDllgatlon wilh a maturity similar 10 Ih" remaining Malurlty 01 this Note anti (b) th" principal amounl to be prepaid, and (C) the nLlmoer Of years, including fractional years, from the prepayment (lale to the maturity date of this Note. The yielCS on any U. S. Trensury obI/gallon shall 0" del"rmloed by relereru:e to Federal Reserve Slal/sllcal R,,'easr: H.1S(519) "S"'I>I:IOO Interest Rat"s". For purpOSl>' ot making present value calculations, the yield to maturity of a similar mat.urity U. S. Treasury obligation on the prepayment date shall be deemed the discount tale. The Cost Qf Prepayment shell also apply to any payments made after acceleration of the maturtty of this Note. Except for the foregomg. Borrower may pay all or a portioo of the amount owsd earlier than it is dUe. Early payments will not, unless agreed to by lender in Wfltlng, relieve Borrower of Borrower's obligation to continue ~o make payments under the paymant schedule_ Ralher. they will redUce the DrinCipal balance- due a.nd may result in Borrower making fewer payments. LATE CHARGE. If a payment is 15 days or more late, Borrower_will be charged 5.000% ot the unpaid portion of th.e regularly sct\eduled payment or $100.00, WhiChever Is leSS. OEFAUlT. Borrower will be In default If any of the following happens: (a) Borrower falls 10 make any payment when dUEl. (b) Borrower breaks any premise Borrower has made to Lender, or Borrower tails to comply with or 10 perlorm when due any other term, obligation. covenan1, or condition contained" in this Note or any agreement related to thiS Note, or in any of her agreement or loan Borrower nas with Lender. (c) Any represen!ation or stalemant made or furnished to Lender by Borrower of on Borrower's oshalf IS false of misleadmg in any material respect Bither now or at Ihe time made or furnished. (d) Borrower becomes. insolvent, a receiver is appointed for any part at Borrower's property, 8orrower makes an assignm2nt fer the benefit 01 creditors, or any proceeding is commem::ed Bither by Borrower or against 8orrower under any bankruptcy or insolvem:y laws. (e) Any creditor tries to 1aka any of Sorrower's property on or in which Lender has a lien or security interest ThIs includes a garnishmfmt of any of Borrower's accounts with lender. {f} Any gua.rantor dies or a.ny of the other events described in l/'tis default section oCCU15 with respect to .tiny guarantot 01 thiS Note. (9) A maleria\ adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the lndeb1edness is impaired. I-ENDERtS RIGHTS. Upon default, Lender may, aftar giving such notIces as raquJrad by applicable 13W, decla.re the entire unpaid principal balance on this Note and all accrued unpaid Interest lmrn8d~tely due, and then Borrower will pay fhat amount Upon c1efault, including lallure to pay UpOfl final maturity, Lender. at its. option, may also, i1 permittsd under applicable law, increase the Interest rate on this Note 5.000 percentage- points. The intersst rate will not exceed the maximum rate petmiftsd by applicable/slN_ lendsr may hire or pay someone else fo help cDlJect this Note if 8orrow9f does not pay. Sorrower also WIll pay Lender that amount. This includes, subject to any limits under applicable law, Lander's attorneys' fees and Lender's legal expenses whether or not there Is 3. lawsuit. including attorneys' feeS and legal expanses for bankruptcy proceedings (including eftons to modify or vacste any automallc stay or mjunction), appeals, and any anticipateo post-Judgment collection servICes. If not prohibl_ed by appliGable law, Borrower also wjlJ pay any court costs, in addWon to all other sums provided by law. It Judgment IS entereD in conneclJon witI-J thIS Note, mteresl will conlinue 10 accrue on thrs Note after judgment a.t the existing interest rate provided fOf in this Nate. This Note has been Clelivered to Lender anO accepted by Lender In the COmmonwealth oT Pennsylvania. If there Is 8 lawsuit, Borrower agrees upon Lender's request to submit to the iUfl~l(.tio(l of (he cou.,s of CUMBERlAND County, the Commonwealth Of Pennsylvania. L.ender end Borrower hereby waive the right 10 any JUry tflal In any action, proceeding, or tounterclaim brought by either Lender or Borrower agaln.s1 the oUle-r. Tnis Note shall be governed by and construed In accordance wlth the laws or the Commonwealth or PennsYlvanip. RIGI-n OJ:' SEl'OFF. Borrower grants to Lander... contractual possessory sflcunty interest in, and hereby assigns. conveys, dglivers, pled98s, and transfers to Lender all Borrower'S right. title and interest in and ta, 60rrower's a.ccounts with Lender {whether checking, savings, or some othm account), inciumng without limitation all accounts held jointlY with someone else and all accounts Borrower may open in fl)e future. exch.:dlrrg howeVei all IRA and Keogh accounts, and all trust aCCOllnts rar which IhG grant of a security interest would ,be prohibited by law. Borrower authorl2B& Lem;lor, lr the extent permitted by applicable law, to charge or se10ft all sums owing on this Note against any and aU such accounts, COU-ATERAL. ihis Note is secured by a Mortgage dated April 17, 1998, to Lender on real property located In CUMBERLAND COU(lly Commonwealth of Pennsylvania. aU the terms and conditions of which are hereby incorporated and made a part of lhls Note. AOOIT10NAL PROVISION. This Note Is issued in connection with a Letter Agreement dated March 25, , 998, ana the other dotuments referred t: IltBrBin, the terms of which are Incorporated heretO by reference. -v'l '10' l\" IJ t:..^ '), ,-r 0 "'''''~-'-- '~t ~ - ~ ""~o! 'JB' ~-'~~""--,",-",,",,""~~~< < ~h_ I ~"( ,-~~"" "...~"' I~ "~'i>-UI5tf.~&",,,_< P~/30/01 11:08 tt5709616240 , -~.. ..~".:;:;;:-:~~---"'i~~~ ..'- PNC SPEC. ASSETS 141011/011 PR~M(b~nt?:~~~;E. ~."'~_-?:'-.''':ld~~~ _ . ,..~.._ .. ~- '-~- .r,\~~,,~'~-~..~~1 COLLATERAL This NOlo is securea by. in aadition to any athen:ollataraJ. a Mor/Qllge aalBd N01I8lt1bar 2ll, 19911, 10 Lender on "'oj P"'PBrty localad I" CUMBERlAND County. Commonwealth 01 PUflnsylvanra. aU the terms and condttlons af whICh 81'8 hereby inccrp~tec:J iIflcJ made a, cart of this Note~ YEAR 2DIIO .COMPUANCE. Borrower has rlI\IIeWlKI Ihe a,eas within its bUSiness and operations which could be """rsely al!ed8d by ana has ae'llllaplld or is a"V81oplng ... prognlJl1 to eddress on a timely baSIs Ihll risk lhaI cartain compUler aopllcations _0 by Bonuwe, may b'" unable 10 'e<:ogruze anc! per10nn praper1y. <Ia_slllw /unCII_ ItMIMng dales pIlor It> lJl1cl all8t DecemI>8r 31, 1999 (lhll "Year 3llXl"Pr_,. The. Y_ 2lXlO Probl8/11 wlU not result. and IS not r&asonably ~ to ....ull. In a'"l malertal adverse ullet:l on the business. propettles. _IS. ftnanclal cDnaition. ....ulls of op",atlons 0' prospllClS of Borrower, or thllabiHly of BOfTower to duly and punclually p"y or pel10rm ils obligBtians I1\Jmunder and under Ihll RelafllO Documllflls. GENERAL PROVISIONS. Lena", may a....y or forgo enforcing any of its rights or mmedles unaer thIS Nole wlfhoul losing thum. Borrawer ana any otner plll50n who signs. lJU'UlIn_ or e1tdot'slIs litis Nora, to th" extenf allowIId by Ill", W8lW p"'sanlmen!. cl8mancl far paymen~ pralaSl and notice of aishonOr. upon any change in the lerms of !hIs Nola, and unlOSli alherwisll expAlSSiy staled in writing, na paIty wha signs Ihis Note. _ar as maker, guaranlar. accommodation maker or enclor.;er, shall be released Irom 1IabIl1ly. All such parties agrea tlull Lunder may renew or """'nd (mp....leclly and for any length of limu) this loan. or rei...." any party or 9",,,.nlor or co-.al; or Impair, fail !ll mal.... upon ar ptIrflld Lendllr's SIlCUriIy tnlerllSf in the ""Iiatom!: and lIIII..any _ action. cleemad ,_ r~'Y by. Lander wIlIIOlII,lhAconsenlat or nlllial to anyonlL All Such pan;a. _lIQIliIIIlllllt lena", may modily lhis loanwilhoullh.. CDl158nt of or notiCe to IP1YDfl8 Gther lhoon IIKtparly wilIt whom the mOcllflca~on is _ It any-pidon at this. Note Is . !Dr any.........n alllllrlninlld lDbe umonfcn:eablll. It will not atIBd thll.""larc88biUly a1any _r provisions allhis Note. '.. CONFESSION OF JlmGMENT. BORROWER HEREBY IRREVOCAIIl Y Al1THORIZES AND EMPOWERS AN'( ATTORNEY O~ TliE'PR(lTl-iONOrARY OR CLERK OF ANY COURT IN THE COMMONWEAlTH OF PENNSYlVANIA, OR ELSEWHERE, TO APPEAR AT AM' TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE. AND- WITH OR WITHOUT COMPLAINT FILED. AS OF AfoN 'TERM, CONFESS OR ENTER JUtlGMEI\IT AGAINST BORROWER FOI< THE EI\ITIRE PRINCIPAL BAlANCE OF THIS NOTE. ALl ACCRUED INTEREST. LATE CHARGES, AND AK'f AlllD:Al.L AMOuNTS EXPENOED OR ADVANCED ev LENDER RELATlNG TO AN'( CQUATEAAl SECURING THIS NOTE TOGEmiER WITH INTeREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT. AND AN ATTORNEYS COMMISSION OF TEN PEftCENT (10%) OF THE UI\IPAI.D PRIIIICIPAl BAlANCE AND ACCRUED INTEREST FOR COu.ECl10N. BUT IN ANY EVENT NOr LESS THAN FIve I-iUNIlRED OQu.ARS ($5Q(ll QN WI-iICI-i JUDGMENT OR JUDGMENTS ONE OR MORE EXECU110NS MAV ISSUE IMMEDIATELY: AND FOR SO DOING, Tl..nS NOTE OR A COPY OF n.ns NOTE VERIFIED BV AFfIDAVIT SHAlL BE SUFFICIENT WARRANT. THE AIJTHORIlY GRANTED IN ll-lIS NOTE TO CONfESS JUDGMEi'lT AGAIIIIST BOflROWER SHALL Nor BE EXHAUSTED BY ANY EXERCISE OF THAT AUlHORllY. BUT SHALL CONTlNUE FROM TIME TO TIME AND AT ALL TIMES UNTll PAYMENT IN FULL OF AlL AMOUNTS DUE UNDER ll-lIS NOTE. BORROWER HEREBY WAIVES AK'f R1GKT BORROWER MAY I-iAvE TO NOTICE OR TO A I-iEARING IN CONNECTION WITH Af>l'( SUCH CONFESSION OF JUDGMEI\IT, EXCEPT Af>l'( NCrrICE AND/OR HEARING REQUIRED UNDEl'l APPLICABLE LAW WITH RESPECT TO EXECunON OF THE JUDGMENT. AND STAlES "THAT EITHER A REPR&:SENTAllvE OF LENDER SPECIFiCAllY CAI..LEO THIS CONFESSION OF JUOGMEi'lT PROVISION TO BORROWER'S ATTENTlON OR BORROWER HAS Ba::N REPRESEIICTED BY INDEPENDENT LEGAL COUNSEL PRIOR TO SIGNING THIS NOTE, BORROWER READ AIIID UNDERSTOOD AlL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF TI-iE NOTE AND ACI(NOWLEDGES RECClPT OF A COMPLETED COpy DF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. :.:.'---~~~1;!Bf~~~i.!~~~4.fb~~I~.._::,: ) FlxDO Rate. IrrlJlgulM. l..ASeR pFlO. AI!I~ 4,).$" pat... T_M. elf., Ver, 3.28 (cl 199B CFI PrOServICb::o,ln.t., All nght~tell.rvc",IPA-D2V DAV15iZ.I.N C29,OVLJ k\\/;:.c.., .)~~s:: "1 ~""': ..-isf-:. .t-::.;. '<<,1 : .'/'i."_:\'~':'. :;-. ,. - ~,'- ,,, -' " ":'-,':/,;_.:~-,i~' '-', ,'I..,.:. . ,~.:~!~\~ .~:'_: :','~:~::~" -~~l.~:'i.,.". ~ . ";.0,'.".'("-- -.. I" I:.' -'-m_., ~._ ~"'"~ ,~ . 1sJ- -~ Lr. ~~""'.'P'';'~~# p~/30/01 11:05 '&5709611>240 PNC SPEC. ASSETS PROMISSORY NOTE #Z- @008/011 -. . b 0670ffl/ . "~~1i~mO'~'/\l;~:~~~J' '::~~a,,>.~~y..': . Initials Borrower: DAVIS GREENHOUSE. INC. (TIN: 232488205) 103 HAMMOND ROAD SHIPPENSBURG, PA 17257 Lender: PNC BANK, NATIONAL. ASSOCIATION 42&2 CARLISLE PIKE CAMP HILL, PA 17001-"874 K / 111" /I'll-Ii ~ Principal Amount: $250,000.00 Date of Note: November 20, 1998 PROMISE TO PAY. DAVIS GREENHOUSE, INC. (''Ilorrower'') promises 10 pay 10 PNC BANK. NATIONAL. ASSOCIATION ("Lender"), or ordeLln lawfUl money 01 the United Slates 01 America, the prlnClpal amount 01 TWO Hundred Fifty Thousand & 001100 DoUats ($250.00D.00), logelher with interest on lhe unpaid prlnetpal balance from November 20, 1998, until pala In lull. PAYMENT. Borrower will pay Ihls loan In aceordance wllIIlhe foRowlng payment schedule: 6 consecutIve monthly lnteres1 payments, beginning December 20, 1998, with Interest catculated Dn the unpaid principal balances at an interest rate ot 7.5DO% per annum; 29 consecutive monthly principal and interest payments of $2.,369.72 eacn, neglnnfn9 June 2D, 1999, with Intt!rest calCUlated on the unpaid pl"lncipal balances at an Interest rate of 7.500% pe, annum; and 1 principal and Interest payment of S228,053.64 on December 20, 2001. with Interest calCUlated on the unpalO pr1nctpal balances at an interest rate of 7.500" per annurn. This estimated final p8yment is based on the: .assumptlon thai aU ~rnents will be made exactly as SCheduled; the actual flna1 payment will be fOr all principal and accrued intel'est not yet pZUd, together with any other unpaid amounts under this Note. The .a~nuallnterest rale f~r this ,Note Is computed on a 365/360 basis; that is. by applYing the ratio o~ the annual interest rate over a year of 360 days. multiplred by the outstanding prlnclpill balance, multiplied bY the actual number of days the principal balal'lCB 15 outstanding, Borrower. will pay lender at Lender'S address shown above or ilt such other place as Lender may designate in writing. Unless othel'Wise agreed or required by applicable law, payments wi/l be applied first to accrued unpaid inter8st, then to prinelpat and any l'emaining amount to any unpald collection costs and late charges. PREPAYMENT PENAL.lY. Upon prepaymenl 01 this NOle, Lender Is enl/lled to Ihe Iellowlng prepayment penalty: On any business day. upon payment ot aU accrued unpaid interest on this. NOle, and upon five (5) bUSineSS day's prior written nOllce to Lenoer, the Borrower may prepay all or part Of Ute- outstanding principal of this Note; provided, however, that the Borrower also agrees to pay Lender as compensation tOf the coSl 01 advancing Ilxed nile lunds, an amount equal to the Cost 01 prepaymen!. "cost of Prepayment" means an amount equal t6 the present value, If positive, of the product of (a) !he difference between (i) the yield, on the date 01 Ihis Note, 01 a U. S. Treasury obligation wllh a malurlly $!mllalto this NOle minus (il}lhe yield on the prepayment dale, 01 a U. S. Treasury Obligation with a maturity similar to the remaining maturity 01 lhls Nole and Ib) the principal amounl to be prepaid. and (C) the number 01 years, InCluding Iractlonal years, trom the prepayment dale to Ihe maturity date 01 this NOIe. The yield on any U. S. Treasury obllgalion shall be delermlned by reference to Federal Reserve Statistical Release fl..15(5'9) "Selected Inleresl Rates". For purposes 01 :-naklng present value CzUtulatlons, the yield to maturity of a similar maturity U. S. Treasury obligation on the prepayment date shall be deemed tt1e d:scount rate. The Cost 0' Prepayment shall also apply to any payments rnade Dtter acceleration of the maturity of this Note. Except for lhp foregOIng, Borrower may pay ail or a portion of the amount owed ear1iaf than it is dU~:L Eariy payments will not, unless agreed to by Lender in writing. reJiavs Borrower of Borrower's obligation to continue to make payments unde( the payment schedule. Rather, they will reduce the prinCipal balance due B-l'1d may result in Borrower making fewer payments. LATE CHARGE. If a payment is 15 days or more fate, Borrower will be charged 5.000% of tne unpaid portion af the regularly scheduled paymenf Qr $'00.00, whichever Is less. DEFAULT. Borrower will be In default if any Of the following happens: (a.) Borrower fails to make an.y payment when dUe. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower tails to comply with Of to perfotrn when due any other term. Obligation, covenant, or conditIon contained in this Note or any agreement related to this Noto, or in any other agreement or loan Bortower has with lendec (c) Borrower oelaults under aoy loan, extension of credit. security agreemtmt, purchase or sates agreement, or any other agrBBment, in favor o~ any other creditor or person that may materially affsct any Of Borrower's property or Borrowers ability to repay this Note or perform Borrower's Obligations under this Note or any of the Related Documcnts_ (d) Any representation or statement made or furnished to Leflder by Borrower or on Borrower's behalt ]s false or misieading In any material respect either now or at the time mada Or fumished. (e) BorrowBr becomes Insolvent, 9 receIVe!' is appointed lor any part of Borrower's property, Borrowor makes an assignment for the benefit of credilors, or any proceeding is commenced either by Borrower or against Borrower ul"ll::!er any bankruplcy Of insolvency laws. (f) Any creditor lrias to take any of Borrower's property on Or in which lender has a lien Or security interest ThiS -indudes a garnishment of any of Borrower's accounts with L8nder,_ (g) Any guarantor dies or any of the other events described in this delault section occurs with respect to any guarantor of this Note. (h) A matgrial adverse change occurs in Borrower's financial condition, or Lender believes lhe prospect of payment or porlDrmancB of the Indebtedness is impaired. LENDER'S RIGHTS. Upon default, Lender may. after giving such notices as reQUired by applicable law, declare the entire unpa.id principal balance_ on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount Upon default, including fa/lure to pay upon fmal maturity, Lender, at Its option, may alSO. if permitted under applicable law. ;ncreas9 the interest rate on this Note 5.000 percentage points. The interest rate will not exceed the maxImum rate permitted by applicable law. Lender may hire or pay someone else to help cofiec:f thIS Note 11 Borrower does not pay, Borrower also will pay Lender thB..t amount. This Includes. SUbJect to any limits under applicable law, Lender's attorneys' tees and Lender's legal expenses whother or not there IS a lawsuit, including att01'neys' lees and legal expenses tor bankruptcy pror::eedmgs (including efforts to modify or vacate Al'lY automatic stay or inJunction), appeals, and any anticipated post-judgment calladien services. If not prot'11bltad by a.pplicable law, Borrower also will pay any court costs, in additIon ~o all other sums prcvlOed by law. If j\Jc.;gment Is 9f1tered in connection With this Note, interest will continue 10 accrue on this Ncrte after judgment at the exis.ting interest rate provided for !O this Note, This Note has been delivel'ed to Lender and accepted ny LenOer in the Commonweallh of Pennsylvania. l1 there fa a lawsuit Borrower agrees upon LemJer's request to subrntf to the turisdicrlon at the cour1s 0' CUMBERLAND CQunty I the Commonwealth or Penhsylvanla. Lender and Borrower hereby waive the right 10 any jury trial in a.ny acnon, proceeding. or CQunterClalm brought by eIther lender or BorrOWer IIgtl'~ the other. This Not~ $/'1811 b~ governet1 DV and consf(ued In 8ccordlln~ With the IlIWS of the ComrnonweDlth of Pennsylvanta. RIGHT OF SETOFF. Borrower grant5 to Lender a contractual security interest in, and hereby assigns, conveys. delivers, pledges, and 1ramifers to Lender a/l Borrower's fight.. title and interest in and to. Borrower's accounts with LanrJer (wheth@r checking, savings, or some other account), Including wltnout limitation all accounts held jointly with someone else and all accoul"its Borrower may open In the future, excluding however all IRA and Keogtl accounts, and all trust accounts for whicl'l th9 grant of a security interes1 would be prohibited by law. Borrower authorIzes Lender, to the extent permitted by applicable law. to charge or setoff all sums owing on 1r.]S Note against any and all S\JCh accounts. Exh.l\::;~l- lie I, .:0~130/01 11: 08 ~ '''::' '_.~~:.,i:~~~::.., . '5'5709616240 1T-20-1!398 __ .';":q:oamNa.::.")': ..~ ~. .PXC SPEC" ASSETS PR~~~~~~~~. 7.--#~: - [g01l/0ll - Pa-Q;'-'~ ,-..,!/;.""",;t".*.~ ,lh< -':~'" "":.~: ~.:.1 , ~-"".. .'" - COL.LA~ This Note is secured by, ftt addition to any otherr:al1atar:aJ..a Mortgage dated November 20: 1998. ta Lender on roof property locabtdl1\ CUMBERLAND County, Commonwealth of Pannsytvania. all the terms Btld conditions of whrch are horeby inccrpo~ted and made a Part: ot this Noto:' YEAR 20DC 'COMPlJ.ANCE.. Borrower has reviewed 1ha areas within its busIness and operations which could be aversely affed8d by. and has de'!8lcpsd or is developing a, program to address on a Umely Oa5!S 1M rislc tnar certain computer appl1cations usett by Borrower may be unable to rllCQQni2B and perlonn prep..... dalB-oaoslllve fundlo"" Involving dales prior It> and alIar DllC8t11t>er 31. 1999 (11le -V.....l!Ooa Probklm"). The. Vear 2000 Problem wiD nat result and IS not reason.ably EOCpected to msult. In any malBriBI adverse effect on the business. proparllss. asoots. flnandal condition. ra:sUlts of OP8ts'Hcm: or pro$Pads of Borrower. or the ability of B01TO'MIr to duly and puoctually payor perform its obligations hereunder and under the ReJaise' DocU7n8n1s.. GENERAL J:-ROVISrONS. LandRr may delay or 1orgo enforcing any at i!s rights or I15medies under this Note without loslog thBm. SomJwer ana any other pBfSon who signs. guamotees or ef'ldo~es: this Note, to the extont alfowad by law. waive prasernment, demand for payment,. protest anti notice of dishonor. upon any change m the terms of thIs Note, and unless ctnerwisa expressly stated In writing. no party wht] signs this Noto, whetller a,c; maker, guarantor, acoommodation maker or Q11dorssr, shall bEl released from liablllty. AD such parties agreo that Lender may renew or extend (repeatedly and tor any length of bma) this loan. or release any party or gusrantor Of collateral; or Impair. fail to reBli2B upon 0. perfect lender's security Interest in the ctlllatol1li: and: take-any othQ.c actien. deemed necessary by, lander W\'IhO~1:ha consent of or TlDtiCB to anycns.. All sucl1 patti:es aba aQrBS that lender may modify this loan Wltnout the consent of or notice to enyane Qther'than the-party with. whom lhu modlflcmtic:ln is made. It'aflY"pCrUon of this_ N.ote Is . for any,mBSOn d&tetmlned to be unantcrceablQ. It will not aff8Ct tho. ~farcua:biUty at any ather provisions t:lf ttli$ Noto. CONFESSION OF .nmGM!;NT: BORROWER HEREBY IRFlEVOCASt Y AUTHORIZES ANn EMPOWERS ANY ATTORNEY Ofl THE'PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEAL.TH OF PENNSYLVANIA. OR ELSEWHERE. TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE. AND WITH OR WITHOUT COMPLAINT FlLED. AS OF ANY "TERM. CONFESS OR ENTER ~UOGMENT AGAINST BORROWER. FOR TI-lE ENTIRE PRINCIPAL BAlANCE OF THIS NOTE. ALL ACCRUED INTEREST. LATE CHARGES. AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BV LENDER RElATING TO AroN COLlATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER wm; COSTS OF SUIT. AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%l OF THE UNPAIO PRINCIPAL BAlANCE ANO ACCRUED INTEREST FOR COLLECTION. BUT IN ANY EVENT NOT LESS THAN AVE HUNDRED DOlJ.ARS ($500) ON WHICH JUOGMENT OR ~UDGMENTS ONE OR MORE EXEClmONS MAV ISSUE IMMEDIATELY, AND FOR SO OOING. THIS NOTE OR A COPY OF TI-lIS NOTE VERIAED av AFFIDAVrr SHALL BE SUFFlCIENr WARRANT. THE AUTHORfTV GRANTEO IN n.ns NOTE TO CONFESS JUOGMENT AGAINST BORROWER SHALL NOT BE EXHAUsrED BV ANY EXERCISE OF "THAT AUTHORlTY. BUT SHALL CONllNUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FuLL OF ALL AMOUNTS OWE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RiGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFEssrON OF ~UDGMErorr. EXCEPT ANY NOTrC" AND/OR HEARING REQUIRED UNDEB APPLlCA9LE LAW WITH RESPECT TO EXEClmON OF THE JUDGMENT, AND srAr~ THAT EIT1-lE:R A REPRESENTATIVE OF LENDER SPECIFICAlLY CAJJ...EJ:J THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTErmON OR BORROWER HAS BEEN REPRESENTED BV INDEPENDEforr LEGAL COUNSEL.. PRIOR TO SIGNING THIS NOTE. BORROWER READ AlIID UNDERSTOOD All. THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COpy OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEAl-EO BV THE UNDERSIGNED. ...:;:'" '''~~~~~~~.~Pr::!'F;z:~'~;;'::;4~''~:u J Flxutl R:ate. Irrtl9\lW'. LASER PAO, Reg.1J.S. Pat. I. T,M. Olf.. Ver. ~.2e:tc) 19911 CFJ ProServu:t1:o, InC. AU nljlht~~1!l!l8rVCtl. !PA-DZtI CAV1S;Z.l..l'II C2'a.OVL) ~~~~~~~~~... ~ ~~ < . ~'~~;~~~~~~~~t~,;~:;;, ;;~~~~" ' ,."': ~:-: .f' ~s;;,-: "\-';' _~, :.,...~.".__.i., " ,.' it"" ..;',........;..~:~- ,"',,,,' i:,. ~, '" , ~" ... ~.. ,~ , . 'APR-12-199B 99'46 PNC BUS BANK HAHPTN r D 7177744738 P.94 r .' ..... ,', ..,. ..,. ..1'. .:.i. LEGAL DESCRIPTION FOR DAVIS TITLE CERTIFICATE ALL the foU."",;og desctibed real estate with improveJnenlS erected thereon, lying and being situate in South Newton. township, Cumberland County, t'ennsylvaniacmore particularly bounded and described as foUows: Tract III BEGINNING at an existing iron pin located on the northern betm ofTownsbip Route #331 at corner of other lands of the Mortgagolll herein known as LOIII)A on the hereinafter described subdivision plan; thence by said Lot3A North forty-five (45) degrees ten (10) minutes ten (10) seconds Wesl two hundred and seventy-one hundredths (200.71) feet to a point; thence by the slUlle North forty- four (44) degrees forty-four (44) minules twenty-eighl (28) seconds East two hllJ1dred 11fty and three hundredths (250.03) reet to a set iron pin; thence by other lands of the Mortgagors known as LOl1l6 on a subdivision plan prepared by Carl D. Bert, R.S., daled January 4, 1978, anll recorded in Cumberland County Plan Book 34, at Pase 22, South forty-five (45) degrees nine (09) minutes thirty-seven (31) seconds East three hundred eighty-seven and forty-seven hundredths (387.47) feel to an existing iron pin; thence along the northern berm of Township Route #331 along a curve 10 the right having a chord bearing South seventy-nine (79) degrees twenty-one (21) minutes forty-six (46) seconds West, a radius of seven hundred ninety-nine and two hundredths (799.02) feet, a tangent ofthirty-eighl and fifty-seven hundredths (38.51) feet, an arc distance of seventy-seven and eight hundredths (77. 08) feet and a chord distance of seventy-seven and five hundredths (77. OS) feet to an existing iron pin; thence by the same South eighty-two (82) degrees fifteen (15) minutes seven (01) seconds Wesl two hundred thirty-four and eigbty-two hundredths (234.82) feet to an existing iron pin, the place of BEGINNING. Containing 1.6994 total acres and known as Lot #3 pursuant to subdivision draft prepared by John R. Kissinger, R.S., dated November 13, 1992, and recorded in Cumberland County Plan Book 67, al Page 100. Tract #2 BEGINNING at an existing iron pin located on the northern benn ofTownshlp Route #331 at comer of other lands of the Mortgagors known as Lot #3 On the hereinafter described subdivision plan; thence along the northem betm of said Township Route #331, South eighty-two (82) degrees ten (10) minutes forty-nine (49) seconds West two hundred sixty-seven and forty-one hundredths (267.41) feelto an existing parker kalon nail located in the cenler of Township Roule #330; thence along the centerline of said Township Roule 11330 North forty-four (44) degrees one (01) minule twenty-seven (27) seconds West two hundred fourteen and seventy-five hundredths (214.15) feel to a set railroad spike; thence by other lands of the Mortagor known as Lot #2 on the hereinafter described subdivision plan, North forty-four (44) degrees forty-eigbl (48) minutes five (OS) seconds East three hundred thirty-two and eleven hundredths (332.11) feet to a poinl; Ihence by other lands of the Mortgagor known as Lot #lA on the above descrbied subdivision plan, North forty-four (44) degrees forty-eight (48) minutes five (05) seconds East one hundred twenty-six and eleven hundredths (126.1l) feel to a sel iron pin; thence by other lands of the Mortgagnr known as LolliS BOud 455 PAcEi069 M4AK. WElGl.E' ANI) "'eAKINS _ "YTOAN!t'll'$ AT LAW _ It-Ii ~AS'T KING STAItE.T _ ~HI~"EN$qIJA.G. PA. 1'257 QPQ_1&_1C\QQ 1C:;:?A "'4""""",,""'"7'" " l' f1~;b\'t- D ." ,,< . ~ , .APR-12-1999 S9:4G PNC BUS BANK HAMPTN r" D 7177744738 P.e< : ~. .' I: - <::'.: .:.... r <.,', '. ; '.. . .'.'. LEGAL DESCRIPTION FOR DAVIS TITLE CERTIFICATE ALL the following described real estate with improvements erected thereon, lying and being situate in South Newton_Township, Cumberland County, PennsyIvania;-more particularly bounded and described as follows: Tract #1 BEGINNING at an existing iron pin located on the northern berm ofToVlDShip Route #33 I at comer of other lands of the Mortgagolll herein known as Lot #3A on the hereinafter described subdivision plan; thence by said Lot 3ANorth forty-five (45) degrees ten (10) minutes len (10) seconds West two hundred and seventy-one hundredths (200.71) feet to a point; thence by the same North forty- four (44) degrees forty-four (44) minutes twenty-eight (28) second9 East two hundred fifty and three hundredths (250.03) reet to a set iron pin; thence by other land9 of the Mortgagors known as Lot #6 on a subdivision plan prepared by Carl D. Bert, It.S., dated January 4, 1978, and reeorded in Cumberland County Plan Book 34, at Page 22, South forty-five (45) degrees nine (09) minutes thirty-seven (37) seconds East three hundred eighty-seven and forty-seven hundredths (387.47) feei to an existing iron pin; thence along the nonhero berm of Townsbip Roule #331 along a cuzve to the right having a chord bearing South seventy-nine (79) degrees twenty-one (21) minules forty-s;>: (46) seconds West, a radius of seven hundred ninety-nine and two wndredrbs (799.02) feet, a tangent of thirty-eight and fifty-seven hundredlhs (38.57) feet, an arc distance of seventy-seven and elghthundredlhs (77.08) feet and a chord distance ofseventy-seven and five hundredths (77.05) feet to an existing iron pin; thence by the same South eighty-two (82) degrees fifteen (15) minutes seven (07) seconds Wesr two hundred thirty-four and eighty-two bundredths (234.82) feet to an existing iron pin, the place ofBEGlNNING. Containing 1,6994 total acres and mown as Lot #3 pursuant to subdivision draft prepared by John It. Kissinger, It.S., dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. Tract #2 BEGINNJNG at an existing iron pin located on the northern benn ofT ownsbip Route #331 at comer of other lands of the Mortgagom known as Lot #3 on the hereinafter described subdivision plan; thence along lhe northern berm of said Township Route #331, South eighty-two (82) degrees ten (10) minutes forty-nine (49) seconds West two hundred sixty-seven and forty-one hundredths (267.41) feet to an existing parker kaJon nail located in the center of Township Route #330; thence along the centerline of .aid TOWIJ.!bip Route #330 North forty-four (44) degrees one (01) minute twenty-seven (27) seconds West two hundred fourteen and seventy-five hundredths (214.75) feet to a set railroad spike; thence by other lands of the Monagor mown as Lot #2. on the hereinafter described subdivision plaJl, North forty-four (44) degrees forty-e.ight (48) minutes five (05) seconds East three hmuJred thirty-two and eleven hundredths (332.11) feetto a point; thence hy other lands of the Mortgagor known as Lot #:2A on the above descrbied subdivision plan, Nonh forty-four (44) degrees forty-eight (48) minutes five (OS) .econds East one hundred twenty-sl>: and eleven hundredrbs (126.1 J) feet to a set iron pin; thence by other lands of the Mortgagor known as Lot #5 BouK1455 fAGt1069 MaRl<. WSGl.E "NO PERKINS _ "rTOJ:l'NIOVS AT LAW _ f:16 !:AST XING $TnEET _ SI-fI~~ENSeVRCS. PA. ll':r:~'7 APP-'d_1~Q 1~~?A ...,~...,...n"",....,,.., ,,' if ~1~,'b\'t- D ,-" .u'" S1~ 10 'Qr!r.e <!rntttlttllUfu.eu!ffr of '.elm51~1ila:ttia <!rnuntg of <!rmttlr.erlmro , , ~ i' liIlm~"'-';"~-c-"'~~"" } ss Jay W. McBride Jr. ____uu.....u.......u...n.n_u_on.nn__...unn..n..n.u.nn...........~. _u.....nuuun..u._o....U.U..._du...n....un...uu...u...u..nnnnn.n_' do solemnly .n.m!!W_~ilX.oo______oom_n_moom that I will support, obey, and defend the Constitution of the United States, and the Constitution of the Commonwealth, and that I will discharge the duties of my office First Deputy, Recorder of Deeds n_mnn_..mm.moom"._OOOOm__m_.mmmm__ with fidelity, that I have not paid Or contributed or promised to pay or contribute; either directly or indlrectly, any money, or other valuable thing to procure my .unn...___n... _..__"-pPlliutme.n;;'nnoooom___nm_nm___mm except for nece ssary and proper expenses expressly authorized by law; that I have not knowingly violated any el ection law of this Commonwealth, or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performan ce or non-performance of any act or duty pertaining to my office, other than the compensation allowed by law. BOOK 05'7 PAGE 689