HomeMy WebLinkAbout01-04562SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-04562 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN BUSINESS CREDIT INC
VS
TOULOUMES DEMETRIOS S ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
TOULOUMES DEMETRIOS S
but was unable to locate Him
deputized the sheriff of ADAMS
to wit:
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On August 13th 2001 this office was in receipt of the
attached return from ADAMS
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Mileage 4.55
Adams County 32.40
73.95
08/13/2001
BARBARA FEIN
So answers/
R. homas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this /G ~ day of
2~,w ~ A . D . -y, -,
/-
Prothonotary
SHERIFF'S RETURN - OUT OF COUNTY
CASE N0: 2001-04562 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN BUSINESS CREDIT INC
VS
TOULOUMES DEMETRIOS S ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
TOULOUMES CONNIE A
but was unable to locate Her
deputized the sheriff of ADAMS
serve the within COMPLAINT - MORT FORE
County, Pennsylvania, to
On August 13th 2001 this office was in receipt of the
attached return from ADAMS
Sheriff's Costs: So answer
Docketing 6.00 `~
Out of County .00
Surcharge 10.00 'Thomas Kline
.00 Sheriff of Cumberland County
nn
~~.~~
08/13/2001
BARBARA FEIN
Sworn and subscribed to before me
this 1Z~' day of
~/ A.D.
~Q. ~7A~0O~ .1-Pea~~
~ '~ Prothonotary ~
in his bailiwick. He therefore
.ate,
~n The Curt ®f C®an»®n ~l~as ®f Crnerlas~ C®unty, Pen>~asylvania
Now, AugUSt 5, 2001 , I, SI~ERIFF OF CUMBERLAND COUNTY; PA, do
hereby deputize the Sheriff of
Adams
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumherland County, PA
Affida~at ®f Ser~ic~
Naw,
within
upon
at
by handing to _
a
aild made known to
copy of the original
the contents thereof.
So answers,
,, , ,,~y „ ,r~,
v:%: ;i. ti:.:~G..
Sheriff of
c~~~~; urtn ;~. , ~.
~~~u~ v<<, _, r; ~;C`OSTS
Sworn and subscribed before SERVICE
me this day of _ , ?,~ :;; ~~ :« i ~ ~ w ~~.' MILEAGE
AFFIDAVIT
20 , at o'clock M. seiwed the
County, PA
~n The Curt of C®an~n ideas ®f Cumberian~l Cc~aan, P~ni~asyieania
Now, August: 6, zoos , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Adams
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of CumUerland County, PA
Affidavit mf S~rvic~
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
5o answers,
" ~ i~ ~! 1 ~' Sheriff of
S?",'1 un:, _. ; ~~, ,.COSTS
Sworn and subscribed before SERVICE $
me this day of ~Q,._ , , :.., ,, MILEAGE
~,...; ~: [';':~°' AFFIDAVIT
20, at o'clock M. served the
the contents thereof.
County, PA
DATE RECEIVED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 77325
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BV
SHERIFF SERVICE THE SHERIFF" on the reverse of the last (NO.5) copy of this form. Please
PROCESS RECEIPT, end AFFIDAVIT OF RETURN ~ nog daltaoh ainy copies nAt~D ENV kof all copies.
1. PLAINTIFF/SI 2. COURT NUMBER
BUSINESS CREDIT. INC.
3. DEFENDANT/SI 4. TYPE OF WRIT OR COMPLAINT:
DEMEIRIOS S TOULOUMES and CONNIE A TOULOUP'IES Complaint in Mortgage Foreclose
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
Connie A. Touloumes
6. ADDRESS (Street or RFD, Apartment No., Ciry, Boro, Twp., Slate and ZIP CODE)
AT 260 Oak Grove Rd., New Oxford, PA
Now, , I, SHERIFF OF ADAMS
County to execute this Writ and m
made at the request and risk of the plaintiff.
SHERIFF OF ADAMS COUNTY
S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is tcund in possession, after notifying person of levy or attachment, without Ilabiliry 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.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 17. DATE
PLAINTIFF
Barbara A.Fein, Esq. ^ DEFENDANT (215) 653-7450
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. E><piraticn /Hearing tlate
or complaint as intlicated above.
15. I hereby CERTIFY antl RETURN that I f$have personally served, ^ have served person in charge, O have legal evitlence of service as shown in "Remarks" (on reverse)
^ have posted the above tlescribed property with the writ or complaint describetl on the individual, company, corporation, etc., at the atltlress shown above or on the
individual, combany, corporation, etc., at the address inserted below by handinglor Posting a TRUE and ATTESTED COPY therof.
16. ^ I hereby ceniN and return a NOT FOUND because I am unable to locate the individual. camoanv. corooration. etc.. named above. (See remarks belowl
17. Name and title of Intlivitlual served 16. A person of suitable age end discretion Read Order
Connie A. Touloumes Plana oilebogde~ o defendem'a asaal ~
t9. Atltlress of whgre served (complete only ii different than shown above) (Street or RFD, Apartment No., Ciry, Boro, Twp., 20. Date of Service 21. Time
State and ZIP CODE)
8/9/2001 6:53PM
22. ATTEMPTS pate Mlles Dep.tnt. Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Milos Dep.lnt. Date Nllea Dep.InL
23. Advance Costa 24. 25. 28. 27. Total Costs 28. COST DUE OR REFUND
SO ANSWER .
AFFIRMED antl subscribed to before me this N A
ey ($tXitlxDep. 9henfq (Please Prim Type) Data
day or Jame W. MUller
Si nature of Sheriff Date
RAYMON~ W. NEWMAN 8/9/2001
PrathonomrylDepuryMotery PuDib
SNERIFF OF ADAMS COUNTY
MV COMMISSION EXPIRES
I ACIWOWLEDR'E RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39. Date Received
OF AUfHORIZEUISSUING AUTHORITY AND TITLE.
PROTHONOTARY.
DATE PROCESSED
LINTY, PA., do hereby deputize the Sheriff of
return therof according to law. This deputation being
DATE RECEIVED
S~F~ERLFF'S D_EPARTM-ENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE; GETTYSBURG, PA 17325
5. NAME OF INDIVIDUAL, COMPANY,
. -INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
SHERIFF- SERVICE THE SHERIFF" on the reverse of the last (NO.5) copy of this form. Please
PROCESS RECEIPT` and AFFIDAVIT OF RETURN type er print legibly, insuring readability of all copies.
r Do not detach any copies. ACED ENV.R
1. PLAINTIFF/SI
3.
SERVE
AT
C.;~lnrle A, loul01,;i1es
6. ADDRESS (Street or RFD, Apartment Nc., Ciry, eoro,
2. COURT NUMBER
4. TYPE OF WRIT OR
DATF_PROCE3SED
SERVICE OR DESCRIPTION OF PROPERTY 70 BE
State antl ZIP CODE)
~_'~;; `ek Grave- loci. , Itiew 'Jxford, 'A
SOLD.
7 INDICATE UNUSUAL SERVICE: ^ PERSONAL ^ PERSON IN CHARGE ^ DEPUTIZE ~ CERT. MAIL ^ REGISTERED MAIL ^-POSTED O OTHER
Now, _ , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputiie the Sheriff of
County to execute this Writ and make return therof according to law. Thrs deputation being
made at the request and risk of the plaintiff.
- SHEflIFF OF ADAMS CAUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE
NOTE ONLY APPLICABLE ON-WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any dapury_sherifF levying upon or attaching any propeny under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputyor the sheriff to -
any pleintiH heroin for any loss, destruction or removal of any such propeny before sheriffs sale thereof.
9. SIGNATURE of ATTORNEY a other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER - 11`. DATE
' - ~ PLAINTIFF - -
vuYih'3}"Id k~1:.~E'I.TI, k~SC~. ^ DEFENDANT ~~~,.~~ ~j3-~1}j(}
SPACE. BE OW FOR USE OF SHERIFF-ONLY - DO NOT WRITE BELOW THIS LINE
12. I ecknowledge'receipt of the writ SIGNATURE of Authorized ACSD Deputy orblerk and Tiffe 13: Dale Received ib. Expiration /Hearing date
or complaint as indicated above. '
15. I hereby CERTIFY and RETURN that I C°~have personally served, O have served person in charge, ^ have legal evidence of service as shown in "Remarks" (on reverse)
^ have postetl the above tlescribed.property with the writ or complaint tlescribed on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, ate., at the atltlress inserted below by handing/or Posting a TRUE aqd_ ATTESTED COPY therof.
16. ^ I hereby certiry and return a NOT FOUND because I am unable to locate the individual, company, corporation, e[c., named above. (See remarks below)
17. Name and title Of individual servatl -' - 18. A'pereon of suitable age end tllecretion Read Older
-
i.,CDClIta',P. H. ~OillOtatTi4«'S - - `. - then residing in the tlelendent's usual
- P~aPea abode:'-^'
^
19. Address of where served (complete onry it different than shown above) (Street or RFD, Apartment No., City, Bord, Twp., 20. Date of Service 21. Time
State and ZIP-CODE) - -
8/~i7_CNJl ~;SsP!tit
22. ATTEMPTS Date Mlles Dep.lnt. Date Miles Dep.int. .Date Mlles Dep.lnt. Dah Miles - Dap.lnt. Date Miles Dep.lnt.
23. Atlvance Costs 24. 25. 26. 27. Total Costs 26. COST DUE OR REFUND
SO ANSWER.
AFFIRMED end subscribed to before ma this ~ ~~ ' -
f
' - 9Y~
@,~ ,Print or YPe) Date
day or ' a t,• ~rY ~ c,
" ~alure of°~5`h~iR Date
_nAra ~ ~~~ t $ '~ ~2ii(3Z
Pro11i0nolary/pepuNMolery PUNIC
- - .~ :, `:~'+ b g
~hc~
-,~~IERIF~OF MS~OUr~T~-;
MY COMMISSION IXPIRES ,
.;"
~
- I ACKNOWLEDGE RECEIPT OF~THE SNERIFF:S RETURN SIGNATURE . ' ` -
~
~ Data Received
39
-
OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 1tro
' ~`, ~'~' . ..
:`Tkl~~'
DATE RECEIVED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURT,NOUSEYaE~T-Y.§BURG, PA 17325
DATE PROCESSED
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BV
SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 6) copy of this form. Please
PROCESS RECEIPT and AFFIDAVIT OF RETURN 'yP~ 4r:Pdm'eeibn'' f"a"d"g reads°9'ry or an coptea.
r Do not tle~ch any copies. ACSD ENV.p
<•
e, aiunmrcr 2. COURT NUMBER
r" "d IV'i it?X'fil
.'' 1~Fi~.i.~.{!J.d ~•l)3fk~fl'SJ li~'.~',~,I_~I~ Ztav,
3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT:
}
u~a'-lf;bt~LU~ ~ LiiJI01.;i•il,S ancd d::7,d~dl~ A `It7t3Ln'iE;tfk~S Gorlplairlt zca ~~rtQ~l~e £",>~uc.tc7Lr
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
1..9Y3Tt3E' cA.. bOtslOi.frtle5 '
6. ADDRESS (Street or RFD, Apanment No., Ciry, Boro, Twp., State and ZIP CODE)
AT ~,{i;'t Mere- ~rsr~-e; =~~n , o,>:~ Uxfo~ed 3~~=/~ _~_ ~_ ~_
7. INDICATE UNUSUAL SERVICE: ~ PERSONAL ^ PERSON IN CHARGE ~ DEPUTIZE O CERT. MAIL ^ REGISTERED MAIL O POSTED ~ OTHER
Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
SHERIFF OF ADAMS COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any tlepury sheriff lerying upon or attaching any property under wkhin writ may leave
same without a watchman, in custody of whomever is found in possession, after notitying person of lery or attachment, without liability on the pan of such tlepury or the sheriff to
any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE
- ~ PLAINTIFF t
:.:+:: t"fr'14i~a' cl,. S'~E':L C3y .CSC3. ^DEFENDANT \Lir's1 fJ Z°'7r:~V
arnv taca.vvr. rvn VOG yr an~ntrr vr~~y - vv rwr ~myrc rr~w.. rnro a.u.r_
12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration /Hearing date
or complaint as indicated above.
15. I hereby CERTIFY and RETURN that I ~ have personally served, ^ have served person in charge, ^ have legal evidence of service as shown in "Remarks" (on reverse)
^ have posted the above described property with the writ or complain[ described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, etc., at the adtlress inserted below by handing/or Posting a TRUE arM ATTESTED COPY therof.
i6. ^ I hereby cenity and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below)
17. Name and title of individual served 1a. A person of suitable age ens discretion Read Ordsy
;f.i.1C 3,a L S~G*,1 t _ _
G`~Ll:; „ [hen resitlin9 in the dafapgant's usual
-Place-af ebode:,~.:.
^
19. Address of where served (domplete only if different than shown above) (Street or RFD, Apartment No., Ciry, Borp, Twp., 20. Date of Service 21. Time
State and ZIP CODE) -
22. ATTEMPTS Data Mlles Dep.lnt. Date Miles Dep.lnt. Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Mlles Dep.lnt.
23. Atlvance Costs 24. 26. 26. 27. Total Costs 28. COST DUE OR REFUND $
SO ANSWER.
AFFIRMED end subsprlbetl to before me this iv/~,ryi
May' ~ Prim.O Type) Date
day of .,13itiP. .*~'.'" ,67.F.'i 4 '~'
~ $ {j
.. ~
- nature oA7S- ^„'~
~` Date
A'~`La:
'i i7f .
k ~ ,
; ~ (
iry7( 1~ Liil1 },.
PrWhanMUylDepuryMdary Pub9c ", ~,'t,SNERI Oe-.~AM- COUl11~ -
MY COMMISSION EXPIRES
~ A*
1 ACKNOWLEDGE RECEIPT OF THE SNERIFF'S RETURN SIGNATURE ~~,,,`; S„<;.,} ,r"
.~• - 39. Date Received
OF AUTHORIZED ISSUING AUTHORITY AND TITLE. :
~
`
~i
,.•
t~
kr,
- -~ . -.,-„~,.,1, _,.~- . ,-
DATE RECEIVED
DATE PgOCESSEO
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BV
SHERIFF SERVICE THE SHERIFF" on the reverse of the last (NO.5) copy of this farm. Please
PROCESS RECEIPT, end AFFIDAVIT OF RETURN ~ ,w°~ a "~j, alny copies~ACSD EN Hof all copies.
1. PLAINTIFF/SI 2. COURT NUMBER
AMERICAN BUSINESS CREDIT INC. 01-4562 Civil Term
3. DEFENDANTISI 4. TYPE OF WRIT OR COMPLAINT:
DEMETRIOS S. TOULOUMES and CONNIE A. TOULOUMES o taint in Mortga e Foreclosure
gC'~VE 5. NAME OF INDIVIgUAI, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
Demetrios S. Touloumes
6. ADDRESS (Street or RFD, Apartment No.. Ciry, Boro, Twp., State and ZIP CODE)
AT
2b0 Oak Grove Rd., New Oxford, PA
7. INDICATE UNUSUAL SERVICE: ^ PERSONAL O PERSON IN CHARGE ~ DEPUTIZE O CERT. MAIL ^ REGISTERED MAIL ~ POSTED ~ OTHER
Now, , f, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
- County to execute this Writ and make return therof according to law. This deputation being
made at the request antl risk of the plaintiff.
SHERIFF OF ADAMS COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff lerying upon or attaching any properly under whhin writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to
any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE
~LAINTIFF
Barbara A. Fein, ESq. ^ DEFENDANT (215) 653-7450
SPACE B LOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
12. I ecknowletlge redeipt di the writ SIGNATURE of Authorizetl ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration /Hearing date
or complaint as indicated above,
15. I hereby CERTIFY and RETURN that I ~ have personalty served, ^ have served person in charge, ^ have legal evidence. of service as shown in "Remarks" (on reverse)
^ have poefetl the abbve described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, etc., at the address insened below by tiantlinglor Pasting a TRUE and ATTESTED COPY therof.
16. O I hereby certify end return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below)
$1
17. Name and title Of individual served 19. A person of sditeble age end discretion Read Order
Demetrios S. Touloumes p1eCBr~~~ o dereedant•a ueaai ~
19. Atltlresa df where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time
Stets and ZIP CODE)
8/9/2001 6:53PM
?2. ATTEMPTS Date Mlles Dep.lnt. Date Miles Dep.lnt. Date Mlles Dep.lnt. Date Miles Dep.lnt. Date Mlles Dep.lnt.
23. Atlvance Coals 24. 25. 28. 27. Total Coss 28.:C148X6tl@CG~REFUND
50:00 Etin.Atty. X18822 $32.40 Pd. 8/10/01 $117.60 Ck. #5821
SO ANSWER.
AFFIRMED end aubecdbetl to before me Chia N/A
day of
James Mulier~m (Please Print pr Type)
°grg/2001
~~0 s~i n W re of sN h~MAN g~9/2001
ProttxmgerylpepuryMdery Publk: SHERIFF OF ADAMS COUNTY
MY COMMISSION EXPIRES
1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 39. Date Received
PROTHONOTARY:
_.
DATE RECEIVED DATE PROCESSED
SHERIFF'S ®EPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please
PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibty, insuring readabilfry of all copies.
Do not detach any copies. ACSD ENV.p
1. PLAINTIFF/S/ 2. COURT NUMBER
~~'3~(31.;e sISldr;5~ ~P,:a?I'I' itvt„ J3-4502 Gavii eisi
3. DEFENDANT/SI 4. TYPE OF WRIT OR COMPLAINT:
.x~•ii;i:E:i~J~; S. 'LT}liiiiitfi~:S at-x3 ~Ut~t~iti; t1. '~''>1UI.trUPll~.i ~Iaint in Mort. al*,<~ ~co;-~c?;1.;zr-e
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE, OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
!,it~..illc'*L't`lOS ::,. ~1~0010i1t11'tE:: ti.
6. ADDRESS (Street; or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE)
AT
2611 ts~ie Graff:? ttc~., feese `Jx~at'Ci, °ts r ~ -
7. INDICATE UNUSUAL SERVICE: ^ PERSONAL ^ RERSON IN CHARGE ^ DEPUTIZE ^ CERT. MAIL ^ REGISTERED MAIL ^ POSTED ^ OTHER
Now, ;1, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
SHERIFF OF ADAMS COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN-EXPEDITING SERVICE
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under whhin writ may leave
same without a watchman, in custotly of whomever is found in possession, otter notifying person of levy or attachment, without liability on the pan of such deputy ar the sheriff to
any plaintiff herein for any Icss, destruction or removal of any such property before sheriN's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOq_requesting service on be+ph~a~lf of: 10. TELEPHONE NUMBER 11. DATE
OgrLAINTIFF ~~
::;i3L'iJz7 Ca r[. k''~lI]e 1.viit. ^ DEFENDANT '115J ii.}~',:~~^~~r'.SGi
ari+t.tc oetwrr rwm uac yr ancntrr vt~t_>t - vv tw t trlr nr ec'-o~~wtr mra ~m~
12. I acknowledge receipt of the writ SIGNATUR~ of Authorized ACSD Deputy or Clerk end'Title 13. Date Received 14. Expiration /Hearing tlate
or complaint a5 intlicated above. --
15. 1 hereby CERTIFY and NETUNN that I ~ have personally served, ^ have served person in charge, ^ have legal evidence of service as shown in "Remarks" (on reverse)
^ have posted the above described propeny with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, etc., at the address insened below by nBidg/or Postirig'a TRUEi~td ATTESTED COPY therof.
16. ^ I hereby ceNiN and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below)
17. Name and title of individual served - 1a. A person of suitable age and dieeretion Read Order
tJC'iuEtY103 `,s: 1CY1310:if1GS-: -
... ~ then residing in the debntlant's usual
-pleeeM etiode, d'
^
19. Address of where served'~(complete only If different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time
State end ZIP CODE)
~'i,~tj~%.4.i(?.l ~3erJ~z~'i
22. AT7EMPiS Deh Mlles Dep.lnt. Doh Maea Dap.lnt. Date M9es Dep.lnt. Doh Mlles Dep.lnt. Date Miles Dep.lnt.
23. AMance Costa 24. 25. 26. 27. Total Costs 28i*~$XAS706`~Xit REFUND
iC7.tlf! P:a.ACtjr. i~3#322 4t) f'ei
~31 ~/1vIC33 aat`"b Gk
~3I1
5~s23
.
. .
.
SO ANSWER.
)
t~
i~~
/
AFFIRMED and subscribed to before me this ~
i= ~ _ `
o~ Print or TYPa)
e'$
,7?tii~
7 r
'
~ Akita t
~/2Ui
1
-.
day of .
.
,<,
~ ,
r
~
. ~gW~ f~ ~
ProthonolarylDepulyMOtvy Publk; "~r '
=k ; SH IFFCOF~IIDAMS COVpTY-
-~
[
MY COMMISSIONEXPIRES .
.
.' ,',~
I ACKN0INLEDGE RECEIPT OF THE SHEgIFF'S RETURN SIGNATURE "',~;_,-.., ~ ,.~ S~ 39. Date Received
OF AUTHORIZED ISSUING AUTHORITY AND TITLE. ' s
i ~?~ F-f ~~~k9~"
__,t':.~ a .. ..y ~.mrv~ n a...__rz1 ~ m~e.-. ~.-~o ~. .~e...... _- ... xa.. .<. .a. y , ,
9 ipw-x _ _. ...
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein / I.D. No. 53002
Kristen J. DiPaolo / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY ~'~ yy,
NO . Q ~ - °~SLo~. ~1 U 1~~, -, . I
v.
DEMETRIOS S. TOULOUMES and
CONNIE A. TOULOUMES,
Defendants.
NOTI CS
YOU HAVE BEEN SOED 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 OA 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 HY THE COURT WITHOUT FURTHER NOTICE FOR
ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED 9Y THE PLAINTIFF. YOU MAY
LOSE MONEY OR PROPERTY OR OTHER RIGHTS SMpORTANT 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 I{ELP.
Cumberland County Court Administrator
4th Floor
Cumbz nand County Covrt House
1 Courthouse Square
Carlisle. PA 19013
NOTICIA
LE HAN DENANDADO A USTED EN LA CORTE. SI USTED
QIIIERE DEFENDERSE DE ESTAS DENANDAS EXPUESTAS EN LAS
PAG INAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A
PARTIR DE LA FE CHA DE LA DEMANDA Y LA NOTIFI CACION.
USTED DEBE PRESENTAR UNA APAA IENCIA ESCRITA 0 EN
PERSONA 0 POR AHOGADO Y ARCHIVAR EN LA CORTE SUS
DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE
SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,
LA CORTE TONARA MED IDAS Y PUEDE ENTRAR UNA ORDEN
CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION 0 POR
CUALQIER QUEJA O ALIVIO QUE ES PEDIllO EN LA PETI CION
DE DEMANDA. USTED PUEDE PERDER DINERO, SUS
PROPIEDADES 0 OTROS DERE CHOS IMPORTANTES PARR USTED.
LLEVE ESTA DEMANDA A UN AHOGADO INMEOIATAMENTE. SI
NO TIENE AHOGADO 0 SI NO TIENE EL DINERO SUFICIENTE
PARR PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFIC ffiA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PAAA AVER IGUAR DONDE USTED PUEDE
CONSEGUIR AS ISTENCIA LEGAL.
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 19013
(9191 240-6200 ~ (919) 240-6200
NOTICE REQUIRED UNDER THE FAIR
DEBT COLLECTION PRACTICES ACT,
15 U.S.C. § 1601 (AS AMENDED) AND
THE PENNSYLVANIA UNFAIR TRADE PRACTICES
ACT AND CONSUMER PROTECTION LAW,
73 PA. CON. STAT. ANN. § 201, ET SEQ. ("THE ACTS")
To the extent the Acts may apply, please be advised of the
following:
1. The amount of the original debt is stated in the Complaint
attached hereto.
2. The Plaintiff who is named in the attached Complaint and/or
its loan servicing agents are Creditors to whom the debt is
owed.
3. The debt described in the Complaint attached hereto and
evidenced by the copies of the mortgage and note will be
assumed to be valid by the Creditor's law firm, unless the
Debtors/Mortgagors, within thirty days after receipt of this
notice, dispute, in writing, the validity of the debt or some
portion thereof.
4. If the Debtors/Mortgagors notify the Creditor's law firm in
writing within thirty days of the receipt of this notice that
the debt or any portion thereof is disputed, the Creditor's
law firm will obtain verification of the debt and a copy of
the verification will be mailed to the Debtor by the
Creditor's law firm.
5. If the Creditor who is named as Plaintiff in the attached
Complaint is not the original Creditor, and if the
Debtor/Mortgagor makes written request to the Creditor's law
firm within thirty days from the receipt of this notice, the
name and address of the original Creditor will be mailed to
the Debtor by the Creditor's law firm.
6. Written request should be addressed to:
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Attention: Kristen DiPaolo, Esquire
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
* THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
1. The Plaintiff, American Business Credit, Inc. is a
corporation having been organized under the laws of the
Commonwealth of Pennsylvania and having its principal place of
business at 111 Presidential Boulevard, Suite 128, Bala Cynwyd, PA
19004.
2. (a) The Defendant, Demetrios S. Touloumes, is an
individual whose last known address is 260 Oak Grove Road, New
Oxford, PA 17350.
(b) The Defendant, Connie A. Touloumes, is an individual
whose last known address is 260 Oak Grove Road, New Oxford, PA
17350.
(c) The Defendant, Demetrios S. Touloumes, holds an
interest in the subject property as both a Real Owner and
Mortgagor.
(d) The Defendant, Connie A. Touloumes, holds an
interest in the subject property as both a Real Owner and
Mortgagor.
(e) If either of the above named Defendants are
deceased, this action shall proceed against the deceased
Defendant's heirs, assigns, successors, administrators, personal
representatives and/or executors through their estate whether the
estate is probated.
3. (a) The residential mortgage being foreclosed upon is
secured by property located at 31 South Baltimore Street, address
within the Borough of Mt. Holly Springs, Cumberland County,
Pennsylvania.
(b) All documents evidencing the residential mortgage
have been recorded in the Recorder of Deeds' Office in Cumberland
County, Pennsylvania.
(c) The Mortgage was executed on February 20, 1998 and
was recorded on February 27, 1998 in Mortgage Book 1434, at Page
297.
(d) The legal description for this parcel is attached
and incorporated as Exhibit "A" (Mortgaged Premises).
(e) By virtue of Pennsylvania Rules of Civil Procedure
Rule 1147 (1) and 1019(8), and on the basis of environmental
responsibility, Plaintiff is not obliged to append copies of the
above mentioned publicly recorded documents to this mortgage
foreclosure action. These documents are, however, appended hereto
and incorporated herein by reference as Exhibit "B".
4. The mortgage is in default because the Defendants above
named failed to timely tender the monthly payment of $2,275.41 on
January 20, 2001, and thereafter failed to make the monthly
payments.
5. As authorized under the mortgage instrument, the loan
obligation has been accelerated.
6. Plaintiff seeks entry of judgment in rem on the following
sums:
(a) Principal balance of mortgage $153,830.36
due and owing
(b) Interest due and owing at the 7,856.80
rate of 15.990
calculated from January 28, 2001
through May 22, 2001
(b) Interest due and owing at the 7,075.95
rate of 24.00°s
calculated from May 23, 2001
through July 31, 2001
Interest will continue to
accrue at the per diem rate of
$102.55 through the date
on which judgment in rem is
entered in Plaintiff's favor.
(c) Late Charges due and owing under 5,024.17
the Note in accordance with
the Mortgage Instrument
(d) Default Fee due and owing under 29,249.70
the Note in accordance with
the Mortgage Instrument
(e) Escrow Advances made by Plaintiff 1,453.31
Mortgagee on behalf of
Defendant mortgage account
(f) Court Costs and fees as recoverable 250.00
under the mortgage terms, estimated
(g) Attorneys' fees 7,691.52
Calculated as Se of the principal
balance due, in accordance with
the mortgage terms
TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $212,431.81
7. (a) The attorneys' fees set forth as recoverable at
Paragraph 6(g) are in conformity with Pennsylvania law and the
terms of the mortgage, and will be collected in the event of a
third-party purchaser at a Sheriff's Sale only.
. .
(b) If the mortgage arrears are to be reinstated or
paid-off prior to the Sheriff's Sale, Plaintiff's actual attorneys'
fees (calculated at counsel's hourly rate) will be charged based
upon work actually performed
8. (a) The original principal balance of the Mortgage is
more than Fifty Thousand ($50,000.00) Dollars.
(b) Under ACT 6, 41 P.S. X101, et seq., Plaintiff
Mortgagee is not obliged to serve Notice of its Intention to
Accelerate the Mortgage by certified mailing prior to its
instituting foreclosure proceedings.
9. (a) The subject mortgage is not governed by ACT 91 of
1983, 35 P.S. ~ 1840.401C, et seq., in that the subject property is
not the Defendant Mortgagors' principal residence.
(b) Under ACT 91, notice is required only where the
property upon which the action is predicated is the Defendant
Mortgagors' principal residence.
WHEREFORE, the Plaintiff demands:
-- Entry of judgment in rem against the Defendants
above named in the total amount of $212,431.81, as
stated at Paragraph 6, plus all additional interest
and late charges accruing through date of judgment
entry; and
-- Foreclosure and Sheriff's Sale of the subject
mortgaged property.
Respectfully Submitted,
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
IiEG[NNING at a point on the center line of a public highway known as Baltimore Avenue;
thence along said center (tree North 39 degrees 20 minutes 30 seconds West 26.96 feet to a point;
thence still along said center tine, North 50 degrees 48 minutes 30 seconds West 265 feet to a
point; thence still slang same North 38 degrees 23 minutes 30 seconds West 91.29 felt to a
point in Bald tinter linC thence North 66 degrees 20 minutes Feast 25 feet to a point at tha Eastern
edge o£ tlteright-of--way for Baltimore Avenue; thence by same North 38 degrees West 24.6 feet
to a paint; thence by lam late of Bessie D. Touloumes North 72 degrees 57 minutes 20 seconds
East 206.71 feet io a point at the line of (ands now or formerly of Mount Holly Paper Company;
thence by said ladtet lands South 19 dagroes 43 minutes East 329.2 feet io a poir~ tltetta by rite
same South 35 degrees 24 minutes West 47.82 feet to a point in the center line of the aforesaid
Baltimore Avenue, the place ofBEGINNLNG. Said premises containing 1.161 acres and being
described according to asurvey oFThomasA. Neff, Registered Surveyor.
BAYING TFIIyRIr.DN LIL'ECI'ED a three story stone and frame hote4 building and other
improvemrnta, commonly known as The Holly Inn property.
Bounded on the North by pro(xrty now or fararetly of D. Fred Souders, Jr.; oa the South by
property late of 9cssie D. Tauloumcs; on rite West by Baltimore Avenue and on tie Gast by
' Mountain Crock, Said ptentisa containing 207 fret, moro or (ass, in front on (3alt(rnore Avenue
and extending to Mounla(n Crock. Having a width olvng Mountain Creek of (74 feet, more or
Tess and a distance along the ttotthem boundary of 202 feet, more or (ass a distance along the
so-uhern boundnry of 200 feet, morn or less,
Cxcepting there from a'amall triangular parch of land containing 0.054 acres which is now
utrxcd to the adjoii~iug premises refined as (he (•lolly Tnn properly, described on Tract No. 1
nbovc.
REfNG THE SAME two tracts that vested in Spero J. Touloumes as follows: Undivided 1!2
interest by deed from Bessie D. Touloumes dated and recorded November 3.1967 rued the other
undivided 112 interest by deed from Spero J. Toulomcs and James J. Tou(oumes dated and
recorded January 15, (9112 in Decd Book 2911, Pagt 1 fi.
,. .
~UPLICAtE OF ORIGINAL
,~ ..
erie<tn.
~ 1lS1IleSS
redit, Inc.
PA SURETY
over ¢50,000.00
MORTGAGE
LOAN ID 3654
THIS MORTGAGE made this February 20, 1998, is Connie~Touloumes and Demetrios S.
Toutoumes ,with an address of 31 South Baltimore Street, Mt. Holly Springs, PA 17065(each jointly
and severally, if more than one person, and hereinafter referred to as "Mortgagor") and American
Business Credit, Inc., the mortgagee ("Lender"), with a mailing address of Balapointe Office Centre,
111 Presidential Boulevard, Suite 215, Bala Cynwyd, Pennsylvania, 19004.
to consideration for and to secure payment and performance to Lender of all of the
Obligations, as that term is defined in subparagraphs la) through (d) below, Mortgagor has' granted,
bargained, sold, conveyed, released, assigned, transferred, pledged, mortgaged and confirmed, and by
these presents does hereby grant, bargain, sell, convey, release, assign, transfer, pledge, mortgage
and confirm unto Lender, its successors and assigns, forever:
ALL THAT CERTAIN real estate situated in the County of Cumberland, Commonwealth of
Pennsylvania, known and designated as 31 South Baltimore Street, Mt. Holly Springs TP#
23322336288 and 23322336287, conveyed to Mortgagor by Deed dated May 14, 1996, duly
recorded in the office for recording of deeds in said County of Cumberland on May 31, 1996 at Deed
Book 140, Page 208, as the Premises are therein described and, if necessary, as more particularly
described on Exhibit "A" attached hereto and made a part hereof (hereinafter the "Premises");
THE PREMISES SHALL INCLUDE all right, title and interest of Mortgagor.in and to ail present and
future structures, buildings and improvements located thereon, together with all common areas,
streets, lanes, alleys, passageways, passages, ways, water courses, strips and gores of land,
easements, estates, rights, titles, interests, liberties, privileges, tenements, hereditaments arid
appurtenances, whatsoever thereunto helonging to or in any way made appurtenant thereto; all leases
and subleases of all or any part of the Premises and rights of payment thereunder; the air space above.
and right to use the air space above, and the drainage, crops, timber, agricultural, horticultural,
mineral, water, oil and gas rights with respect to the Premises, at law or in equity, all machinery,
apparatus, equipment, furniture, fixtures, including without limitation, trade fiMUres, goods, appliances
and other property of every kind, nature and description whatsoever, now or hereafter located in, on
or about, or attached to or used in connection with, the Premises, together with any and all
replacements and substitutions thereof and all accessories, parts or accessions thereto now or
hereafter owned by the Mortgagor or in which Mortgagor has or may obtain any interest, and all
awards, damages, payments and/or claims arising out of any eminent domain or condemnation
proceeding, damage or injury to any part of the Premises and/or any buildings, structures or
improvements thereon fthe Premises, together with all of the foregoing, is hereinafter referred to as
the "Mortgaged Property"1;
TO HAVE AND TO HOLD.the Mortgaged Property hereby conveyed or mentioned and intended so
iU lid, Unit LtlWcl, iu ua J-.:it Ux, ivfcvci. '
PROVIDED, ALWAYS, that this instrument is upon the express condition that, if Mortgagor
promptly satisfies all of the Obligations, as hereinafter defined, in accordance with the provisions of
ARCS PA SURETY OVER 50.000 '
r
the Loan Documents, as hereinafter defined, and this Mortgage, at the times and in the manner
specified, without deduction, fraud or delay, and if all the agreements, conditions, covenants,
provisions and stipulations contained therein and in this Mortgage and in the Loan Documents are fully
performed and complied with, then this Mortgage and the estate hereby granted shat( cease,
determine and become void. '
As used in this Mortgage, "Obligations" means any or all of the following:
(a) The indebtedness, liabilities and obligations of Mortgagor to Lender arising out of a certain
surety agreement dated February 20, 1998, as now or hereafter as amended ("Surety
Agreement") pursuant to which the Mortgagor became unconditional surety for the
Obligations [as such term is defined in the certain promissory note of 31 S. Baltimore, Inc. t/a
The Holly Inn (the "Obligor") in the original principal amount of One Hundred Fifty •Five
Thousand (5155,000.00) dated February 20, 1998, which, as now or hereafter amended,
being hereafter referred to as the "Note") plus all amounts due under the Note and all other
liabilities of Mortgagor to Lender described in any agreements, documents and instruments
executed in connection therewith (all of which, now and as amended, being hereafter
collectively referred to as the "Loan Documents");
(b) All other existing and future indebtedness, liabilities and obligations of Obligor to Lender
whether sole, joint or several, matured or unmatured, direct or indirect, absolute or contingent,
of any nature whatsoever, and out of what ever transactions arising, including, without
limitation, any debt, liability or obligation owing from Mortgagor to others which Lender may
obtain by assignment or otherwise, excepting only arty indebtedness constifuiing "Consumer
Credit" as that term is defined in Regulation Z, 12 C.F.R. § 226.1 et seq.;
(ci All amounts advanced by Lender for or on behalf of Mortgagor (i) to pay taxes, charges,
assessments or other amounts assessed against the Mortgaged Property not paid by
Mortgagor when due, or (ii) to keep the Mortgaged Property continuously insured if Mortgagor
fails to maintain all insurance coverage required hereunder; and the costs of curing any Event
of Default set forth in the Nate, this Mortgage or in the Loan Documents which the Lender
elects to cure; and
(d) The reasonable costs and expenses, including attorneys' fees incurred by Lender in preserving,
protecting and/or enforcing any of the obligations of Mortgagor specified in (a), (b) and (c)
above.
MORTGAGOR REPRESENTS, COVENANTS AND WARRANTS to and with Lender that, until the
Obligations secured hereby are fully paid and performed:
1. Payment and Performance. Mortgagor shall pay to Lender in accordance with the terms of the
Note, the Surety Agreement, this Mortgage and the Loan Documents, the principal, interest and other
sums therein and herein set forth and shall perform and comply with all the agreements, conditions,
covenants, provisions and stipulations of the Note, this Mortgage and the Loan Documents.
2. Wartanty of Title. Mortgagor warrants that Mortgagor possesses good and marketable fee simple
title to the Premises, and has all power and authority to mortgage the Mortgaged Property to Lender
and to grant a security interest therein in the manner set forth herein.
3. Maintenance of Mortgaged Property. Mortgagor shall keep and maintain or cause to be kepi and
maintained the Mortgaged Property, including al! buildings and improvements now or at any time
hereafter erected on the Premises and the sidewalks and curbs abutting them, in good order and
condition and repair and shall abstain from and shall not permit the commission of waste of, in or
about the Mortgaged Property.
4. Insurance. Mortgagor shall keep the Mortgaged Property continuously insured against fire and
such other hazards in such amounts as may be required by Lender from time to time. All policies of
insurance shall be issued by companies acceptable to Lender, and shall contain a standard mortgagee
clause, in favor of Lender, and shalt provide for at least thirty (30) days prior written notice of
cancellation or reduction in coverage to Lender, all of which policies are hereby assigned to. Lender as
additional security for the Obligations. If Lender shall become the owner of the Mortgaged Property or
Mortgagor thereunder, shall become the property of Lender. At leastythirty (30) days prior to the
expiration date of any insurance policy, Mortgagor shalt deliver to Lender satisfactory evidence of the
AECS PA SUPETY OVEq 50.000
renewal of such insurance and the- payment of all premiums therefor. In the event of any loss,
Mortgagor will give immediate notice thereof to Lender and Lender may make proof of loss on behalf '
of Mortgagor. Each insurance company concerned is hereby authorized and directed to make
payments under any such policies directly to Lender, instead of Lender and Mortgagor jointly, and
Mortgagor hereby irrevocably appoints Lender as Mortgagor's' attorney-in-fact to endorse in
Mortgagor's name any checks or drafts issued thereon. Lender shall have the right to retain and apply
the proceeds of any such insurance, at its reasonable election, to reduction of the 061igations, or to
restoration and repair of the property damaged.
5. Taxes and Other Charges. Mortgagor shall pay when due and before interest or penalties shall
accrue thereon, all taxes, charges, assessments and other governmental charges of any kind
whatsoever including electricity, water and sewer rents, levied or assessed against the;•MoKgaged
Property and will deliver receipts, therefore to Lender upon request, and shall pay when due all
amounts secured by any prior lien or the Mortgaged Property.
6. Inspection. Lender and any persons authorized by Lender shall have the right at any time, upon
reasonable notice to Mortgagor, to enter the Premises at a reasonable hour to inspect and photograph
its condition and state of repair.
7. Declaration of No Set-Off. Within one (1) week after request to do so by Lender, Mortgagor shall
certify to Lender or to any assignee or proposed assignee of this Mortgage, in writing duly
acknowledged, the amount of principal, interest and ocher charges then owing on the Obligations and
on any obligations secured 6y prior liens upon the Mortgaged Property, if any, and whether there are
any set-offs or defenses against them.
8. Required Notices. Mortgagor shall notify Lender promptly of the occurrence of any of the
following:
(a) afire or other casualty causing damage to alt or any part of the Mortgaged Property;
(bl receipt of notice of eminent domain proceedings or condemnation of all or any part of the
Mortgaged Property and Mortgagee hereby grants Lender an irrevocable power of attorney to
appear and act for and on behalf of Mortgagor in any and all such proceedings;
(c) receipt of notice from any governmental authority relating to the structure, use or occupancy
of the Mortgaged Property or any real property adjacent to the Mortgaged Property;
(d) a change in the occupancy of the Mortgaged Property;
(el receipt of any notice from the holder of any lien or security interest in all or any part of the
Mortgaged Property; or
(f) commencement of any litigation affecting the Mortgaged Property.
9. Mortgage and Liens. Without the prior written consent of Lender, Mortgagor will not create or
permit to be created or filed against the Mortgaged Property, arty mortgage lien or other lien or
security interest superior or inferior to the lien of this Mortgage, or in any way modify or amend any
prior lien on the Mortgaged Property.
10. No Transfer. Without the prior written consent of Lender, Mortgagor will not cause nor permit
any transfer of legal or equitable title to, beneficial interest in, or any estate or interest in the
Mortgaged Property, or any part thereof, voluntarily or by operation of law, whether by sale,
exchange, lease, conveyance, merger, consolidation, the granting of any lien or security interest or
otherwise, or any agreement to do any of the foregoing.
11. Events of Default. Any one or more of the following events shall constitute an Event of Default
hereunder:
(a) Failure of Mortgagor or Obligor to make any payment of principal or interest or any other sum
promptly when due on any of the Obligations;
(b] Mortgagor's or Obligor's nonperformance of or noncompliance in any material respect with
any other agreements, conditions, covenants, provisions or stipulations contained in the Note,
the Surety Agreement, this Mortgage or any of the Loan Documents;
(c) Any signature, statement, representation or warranty made in the Note, the Surety
r.y1C611ibili, iu~., L,Ul iyayc, v. vl~~ U. .~~- -~L(, C, ..JUriiu ~iJ, Li Ili ,.I ff ii~iLliG::. St3il.iL~i.:,
certificate; application, request or other document furnished to lender by Mortgagor at any
time prior to, now or hereafter, is not true and correct in any material respect when made or
ARC5 PA SURETY OVEfl 50,000
delivered;
Id) The occurrence of any default under the Note, the Surety Agreement or any of the Loan'
Documents or under any other agreement binding upon the Mortgagor or Obligor or their
property;
(e) The commencement by or against any Mortgagor or Obligor of any proceeding under any
applicable bankruptcy, insolvency or other similar law now or hereafter in effect, the making
by any Mortgagor or Obligor of any general assignment for the benefit of creditors, the failure
of any Mortgagor or Obligor generally to pay debts as such debts become due, or the taking
of action by any Mortgagor or Obligor in furtherance.of any of the foregoing; or
(f) The transfer or sale of any part of the Mortgaged Property or any interest therein, without the
Lender's prior written consent. -; ~~
12. Remedies of Lender.
(a) Upon the occurrence of any Event of Default, the entire unpaid balance of the Obligations,
including interest as has accrued and as may thereafter accrue thereon, and all other sums
secured by this Mortgage, .shall become immediately due and payable, at the option of Lender,
without notice to or demand upon Mortgagor or any other person; and thereupon, in addition
to all other rights or remedies available under the Note, the Surety Agreement or any of the
Loan Documents, or at law or in equity, Lender may:
(i) forthwith bring an action of mortgage foreclosure hereon, and may proceed to judgment
and execution to recover the balance due on the Obligations and any other sums that may
be due thereunder, including attorneys fees, costs of suit and costs of sale to the extent,
if arty, provided in the Obligations and permitted by law;, and
(ii) enter into possession of Premises, with or without legal action, lease the same, collect all
rents and profits therefrom and, after deducting all costs of collection and administrative
expenses, apply the net rents and profits to the payment of taxes and other necessary
maintenance and operational costs (including agents' fees and attorneys' fees) or on
account of the Obligations, in such order and in such amounts as Lender in its sole
discretion may elect, and Lender shalt be liable to account only for rents and profits
actually received by Lender; and
(b) Any real estate sold hereunder or on any other judicial proceedings, may be sold in one parcel
as an entity or in such parcels and in such order and manner as Lender, in its sale discretion,
may elect.
13. Rights and Remedies Cumulative. The rights and remedies of Lender as provided in the Note, the
Surety Agreement, this Mortgage and the Loan Documents shall be cumufa;ive and concurrent, may
be pursued separately, successively or together against Mortgagor, against the Mortgaged Property, or
any other person liable hereunder or thereunder, at the sole discretion of Lender, and may be
exercised as often as occasion thereof shall arise. The failure of Lender to exercise any right or
remedy on any one or more occasions shall in no evenI be construed as a waiver or release thereof.
14. Mortgagor's Waivers. Mortgagor hereby waives and releases to the extent permitted by law:
(a) All errors, defects and imperfections in any proceeding instituted by Lender under the Note,
the Surety Agreement or this Mortgage, and/or the Loan Documents;
(b) All benefits that might accrue to Mortgagor by virtue of any present or future law exempting
the Mortgaged Property, or any part of the proceeds arising from any sale thereof, from
attachment, levy or sale on execution, or providing for any stay of execution, exemption from
civil process or extension of time for payment; and
(c) Unless specifically required herein, all notices of Mortgagor's default or of Lender's election to
exercise, or Lender's actual exercise of any option under the Note, the Surety Agreement or
this Mortgage.
15. Future Advances. Without limiting any other provisions of this Mortgage, this Mortgage shall also
secure additional loans or advances hereafter made by Lender to or on behalf of Obligor. Nothing
contained herein shall impose any obligation on the part of Lender to make any such additional Ioan(sl
16. Communications. All communications required or permitted to be given under this Mortgage, to
be effective, shall be in writing, and shall be hand delivered or sent by registered mail, postage
ABCS PA SUfifTY OVER 50,000
~~xix-
prepaid, return receipt requested, addressed to the addresses set forth above or at such other address.
as the addressee may hereafter desigriate in writing in the manner herein provided.
17. Severability. If for any reason whatsoever any part of this Agreement shall be declared void or
invalid, by operation of law or otherwise, in any jurisdiction, then;as to such jurisdiction only, such
part shall be void and the remaining provisions of this Mortgage shall remain in all other respects valid
and enforceable, and such invalidity shall not invalidate or render unenforceable such provision in any
other jurisdiction.
18. Binding Effect -Amendment. This Mortgage is binding upon and shall inure to the benefit of
Mortgagor and Lender, and their respective successors and assigns. This Mortgage may not be
changed or amended except by agreement in writing signed by the party against whom enforcement
of the change or amendment is sought. ~~
19. Applicable Law, The validity, construction, meaning and effect of the provisions of this Mortgage
shall be governed and determined by and under the laws of the Commonwealth of Pennsylvania.
ARCS PA SUPETY OVER 50,000
-rte
IN WITNESS WHEREOF, the Mortgagor has hereunto set his hand and seal the day and year first
written. This instrument is intended to constitute an instrument under seal. _
Co,~~ P~ ~c~A~t~srr,.n~[L.s.l
Connie~4 Touloumes, Individual
.¢~
T Demetrios S. Touloumes, Individual
;.: ; .
The undersigned, being authorized to do so, hereby certifies that the precise address of the within
named Mortgagee is 111 Presidential Boulevard, Suite 215, Bala Cynwyd, PA 19004
The undersigned hereby acknowledges receipt, without
instrument.
of the within
~a,.n,.~.. (~ c4u~tus---f~.S.l
Connie ~ Touloumes, Individual
g.
Demetrios S, Touloumes, Individual
A8C5 PA SURETY OVER 50,000
EXHIBIT A ?~.
Description of Premises
31 South Baltimore Street
Mt. Holly Springs, PA
ARCS PA SURETY OVEfl 50,000
~•
rzvu,,
ACKNOWLEDGMENT
STATE OF ~-~ f'l /~1.tiL-<-yL i/~ I~.CGr`
COUNTY OF l.(A f~/ L~P~( ~~ .<~
r-
On ~eb a _ ~~~ ,before me, the undersigned, personally appeared
known to me or satisfactorily proven to me 7o be the persanlsl whose name(e) is/are subscribed to the within instmment and
acknowledged:
iJ'y that he/sh t~executed the same for the purposes therein contained and desire that it 6e recorded as such;
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires: Notary Public
NOTARIAL SERI
ARtENE D• MAISCH, NOIOn' Publi:
York, Yoh Gouny, PA
My Cpnmiican E:piroc Dec. 18. 20D0
ARCS PA SUNETV OVEa 50.000
eric~i pUPLICATE OF ORI WAL
usiness
IiCC~it, TI1C.
PRO ISSORY NOTE
$155,000.00
February 20, 1998
FOR VALUE RECEIVED AND INTENDING TO 8E GALLY BOUND HEREBX, the tmdersigned (each, jointly and
severally, if more than one person or entity, hereinafter r ferred to and obligated as "Debtor") promises to pay to the order of
AMERICAN BUSINESS CREDIT, INC. (hereinafter " der") at Balapointe Office Centre, 111 Presiderjtial Boulevard, Suite
215, Bala Cynwyd, Pennsylvania 19004, or at such other location as Lender may designate from time to time, with interest as
set forth below, the principal sum of One Hundred F' ty-Five Thousand And 00/100 Dollars ($155,000.00) to be paid as
follows:
Principal payments, together with int rest calculated at a rate of 15.9900 °/a per annum,
payable in One Hundred Seventy Nin (179) equal, consecutive monthly installments of
$2,275.41 each, beginning on March 2 , 1998, and continuing on the same day of each
month thereafter, with a final, One undyed Eightieth (180), installment of $2,272.21
Together with any unpaid principal, merest, costs, fees or other sums due hereunder
accrued in connection herewith.
SECURITY INTEREST - As security for the promp! }'ment as and }
th
i
d
i
d
f
LL
N
l hen
t
amounts ow
ng un
er
is
ote,
ing any amen
due o
a
nc
u en
,
modification, reEnandng, renewal, substitution or extension [he f,
to ether with all other existing and future indebtedness, IiabiEties d
obligations of Debror to Lender, whether matured or tmmalvred a lute
or contingent direct or indirect, sole, joint or several, of any na ture
whatsoever and out of whatever transactions arisvtg including, avi out
llmita[iory any debt, liability or obligation owing [rom Debtor too ers
which Lender ma obtain by assignment or otherwise (here
collectively refeired to as the "Obli
ations°)
in addition to an
o er
er
,
y
g
security instrument, agreement or donmtent granting Lender an nigh
f D
b
f
h
f
h
b
' in
or t
e purpose o
e
s property
secunng t
e O
liga
an o
tor
Debtor herebyy ggrrants to lender a lien on and senrri interest in and t ns,
all
property of ISebror which at any time Lender shall have in its ion,
which is in transit to it includin
a
Without li
itatio or
g,
ry any
r
m
share belonging ro Debtor of any deposit, agency, trust, escrow or then
account or accounts with Lender, and an other amounts which ma be
owing from time ro time by Lender to Debtor. Said lien and 'ty
interest shall be independent of any right of setoff which larder
have. Any right of setoff in favor of Lender, if exerdsed, shall bed y
ed
to have been exerdsed at the time Lender first restricts access of Debt r to
property in Lender's possession nohvithstandfrtg that such setoff ma • be
entered upon Lender's books and records at a later time.
DISBLIRSIMEISC OF PROCEEDS -Each Debtor hereby represents and
Warrants ro bender that the proceeds of this Note avill be used solel for
business or commertdal purposes and a that any disbursement o the
proceeds of this Note, or any portion thereof, to any one or more for
shall be conclusivel deemed to constitute disbtusement of such p
M and for the benef of each and every Debtor.
PREPAYMENTS -This Note may not be repaid in part at any ~ e
without the prior written consent of Lender. This Note may not be p aid
in full at any time unless such full prepayment is accompanied y a
prepayment fce equal to the total amount of interest (calculated at the rate
of interest set forth above in this Note which would be paypable by De tar
to Larder on the prindpal amount o~ this Note over the hill term of this
Note, multiplied by a fraction, the ntrmerntor of which is equal to the
of the number of months from and including the month in which the " "riot
payment is due through and including the month in wMch the 8th
scheduled payment is due or, tt the prepayment oavrs aker the 8th
scheduled payment the month in which such pprepa}'mrrtt is ac ally
received and in either case the denominator of wFdch iseq ua1 to the um
of the numk+er of months in the hill temt of thin Nntc (co0~efively n I~h1
the "JUnr-ot-tht~~Wntiu''-Utgtts ~tutitud") 1 v dye aurount of any uu rest
paid by the. Debtor ro the Lender prior to the prepayment date comp red
pursuant ro the actuarial method. If this Note is payable in installaa tr,
any ppeermvuu~~ed partial prepayment(s) shall be applied on account of the
installmatt(s) payable hereunder N the inverse order of thew maturity t
installment due credited first) and the number of installments he der
stroll be correspondin ly reduced, but no such prepayment shall induce the
amount of the sched~ed installment(s) on each installment payment to
until the attire prindpal amount hereof, together with aII interest ue
thereon has been paid in cull. -
RIGHT TO COMPLETE NOTE -Lender vuy at any time and from time to
time, without notice ro any Obligor P'06Bgot", as used herein, shall include
Debtor and all other persons liable, either solely, jointly or severally,
absolutely or contin en y, on the Obligations, including endorsers, sureties
and ~tarantors): (l~date this Note as of the date when the loan evidenced
hereby was made; (2) complete any blank spaces according to the terms
upon which Lender has granted such loary• and (3) cause the signature of one
or more persore to be added as an additional Debtor or Obligor without in
any way affecting or limiting the liability of the existing Obligor to Lender.
LATE PAYMENTS - If any payment of prindpal and/or interest is not
received in full by Larder on or before the due date thereof, there shall be
immediately added to the Obligations a late chazge equal to six (6%) percent
of the amount past due. For each and eveerryy month that such payment of
rirxipal and/or interest tr not made, an additional late charge squat ro six
~b%) percatt of such ptindpal and/or interest past due shall be added to the
Obligations until svrSt past due amount is paid in full Interest at the rate of
interest set forth in this Note shall accrue and rs payable on each late charge
from the date any such late charge initially becomes due until such late
charge is paid in full All late charges are mrmediately due and payable
yvithout notice or demand. Any payments of prindpal and/or interest
received by Lender after 3:00 .m. on any business day, or received on any
day which is not a business day for Larder, shall be deemed to have been
rGcrrved by bender on the next besvress day. In the event that Debtor fails to
pay any late charge(s) due hereunder on or before the third monthly
annty °f the date such late charge(s) first became due, Larder may, in
its sole and absolute discretiory declare such failure to constitute an Event of
Default hereunder, and thereupon Lender may exetdse the rights available
to ft upon default
EVEMS OF DEFAULT - Fach of the following shall be an "Event of
Defatilt" hereunder. (1) the nonpayment when due of any amount payable
under this Note (except ]ate charges, to the extent herein pprovided) or of any
amount when due under or on any of the Obligations; (2) the failure of an
Obligor to observe orperform any agreement of any natum whatsoever with
Lender, (3) if any Obligor becomes insolvent m makes an assignment for the
benefit of creditors or rf any petition is filed by or against anyabBgor under
any provision of any state or federal law alleging that such Obligor is
insolvent or unable to pay debts as th mature or under any provision of
the United States ttanknrptry Code; (4~the entry of any judgment against
any Ob&gor which remains unsatisfied r fifteen (15) days or the issuance of
anv attachment, Lew, nr eamishment against anv properh• of anv Oblirnr nr
du occurrcrnce vt any substantial change in die tinartaal condition or any
Obligor which, in the sole, reasonable judgment of Ixnder, is materially
adverse; (5) the dissolution, merger, consolidation or reorganization of any
Obligor which is a corporation tnershtp or other business entity without
the prior written consent of~Lendez; (b) the death, incarceration or
adjudication of legal incompeterur of any Obligor who is a rtalural person:
(~ rf any information or signature heretofore or hereafter famished to
Lender by any Obligor in connection with any of the Obligatiorss, or in
connection with any guaranty or surety agreement applicable to any of the
At :icon Business Credit, Inc.
Bala Cynwyd, Pennsylvania 19004
LOAN ID 3654
,~ -
AaCI- Promissory Note ISum °f Montas OiOar. Over >50.000 and Under !5°.000. Sec{um° ay Narvgeeidemial goal Property
Oblrgatiore, is materially false or incorrect; or a failure of an}' ObG nor
to timely famish [o fender such furarrcia! and .•r infomtation as Ixn~er
may reawnably request or require.
LENDER'S RIGHTS UPON DEFAULT- If an Event of Default shall rxnu
hereunder, and not be cured within five (~) days following the delivery of
written Notice of Default by Lender to Debtor, the outstanding prindpal
balance, together with the prepayment fee (calculated as provided above in
this Note under the heading F'repa}•arents), and any late payments or other
sums due to Lender from any Obligor, together with interest ac«ued
thereon shall be immediately due and payable N1thOUI notice to any
Obligor and shall acexue interest aker the Event of Default at the lesser of:
(1) interest rate of mvent}•-four (2i%) rcent per annum in lieu of the
interest rate provided for above; or (2) the maximum amount permtittrsi byy
applicable law. In addition, upon an Event of Default, Linder-may: (I)
ezemu its right of setoff and a[I of the rights, benefits, privileges andd
remedies of a secured party under the Pennsylvania Urufonn Commensal
Code (or under the laws of any other 77"urisduction in which any roll¢teral
security fox the Obligations may be lomted), and all of its rights, and
remedies at law or in equity and under any security agreement, pY.edge
agreement, mortgage, power, this Note or any other note, or any bther
agreement, tnsenument or document issued ffi connection with or a;,ising
out of any of the Obligations (the "Loan Documents") all wMch rizhgc and
remedies shall be cumulative; and (Z) pursuant to the Warrant of ttGmey
contained herein, CONFESS JUDGMENT against Debtor.
APPLICATION OFFUNDS -All sums realized by Lender on accorutt of
the Obligations, from whatever source received, shall be applied fiist to
any fees, costs and expenses (including attomeys' fees) irtcrrrrud by Lender,
second to crewed and unpaid interest, next to late charges and then to
pdndpal, or in any other order that Lender may deteradne. De~btor
waives and releases any. nght to require Lender ro collect any df the
Oblgations from any collateral under anyy theory of maRt.~tt;.,p of z~uts
or otherwise, and spedhcally authorizes L.atder to apply any collate{al in
which Obligor has any rghC bde or interest against any of the ObGga'tions
in any manner that Lender may determine.
WARRANT OF ATTORNEY TO CONFESS )UDGbfFSII' - Cebtor
hereby irrevocably authorizes and empowers any atromey or any dirk of
any mart of record, with or without the ocx:rurrence of any Event of
Default, to appeaz for and CONFESS JUDGMENT against Debtor. (1) for
such sums as are due and/or may become due on the Ob(gations and/or
(2) in any action of replevin insotuted by Lender to obtavt ppoosssseessss~'~bn of
an collateral securing this Note or secvnng any of the O hb'gatiogts, in
either rase, with or without declaration with costs of suit, without s{ay of
execution and with an amount, for lien priority purposes, equal to E,'ifteen
percent (15%) of all sums payable hereunder, but not less than One
Thousand Ibllazs (51,000.00) added foe attomeeyys collection fees, tsigh the
actual amount of attomeys' fees to be govemedby the provisions set forth
below. To the extent permitted by law, Debtor. (1) waives the right of
in ursition on any reaC estate levied on voluntarily condemns the imme,
authorizes the rothonotary or clerk of any court to enter upon the N'Jrit of
Execution saidpvoluntary condemnation and agrees that said real gestate
may be sold on a Writ off Execution; (2) waives acid releases all relief horn
all appraisemm4 stay, exam Lion or appeal Paws of an state now in. force
or hereafter enacted; and (3~releases all errors in such pnceedings,, If a
copy of this Note, verified by affidavit by or on behalF of Lender shall have
been filed in such action it shall not be necessary to file the original Note
as a Warrant of Attorney. The authority and powar to appear for and
CONFESS JUDG[vfIIJ'I against Debtor shall not 6e e+charuted by the anitia]
exerdse thereof, and the same may be exerased, from time to time, as~ often
as Lender shalt deem necessary and desirnble, and this Note shall. be a
suffiaen[Warrutttherefor. Lender may confess one or morejudgmea~s fn
the same or different jurisdictions far all or any part of the Obligations,
without regazd ro whether judgment has thererofore been entered on more
than one occasion for the same Obligations. !n the event any judgmait
entered against Debtor hereunder is stricken or opened upon application
by or on Llebtor's behalf for any reason whatsoever, Lender is h~erebyy
authorized and emppoowered to again appear for and CONFESS
JUDGMENT against TJebror for alt or any part of the Obligations; subject,
however, to the limitation that such subsequent entry or entries of
judgment by Lender fo0owing any proceeding to open or strike may only
be done to cure any errors or defects in such prior proceedings and Drily to
the extent that such errors or defects are subject to cure m such Later
proceedings,
INTEREST ACCRUAL -Interest shall lx cakv7ated hereunder for the
actual number of days that the prindpal balance or any other sums due to
Lender from any Obligor is outstanding, based on a year of three hundred
sixty (360) days unless otherwise speohed. Interest shall continue to
accrue on the prindpal balance hereof and on any other sums due to
notwithstanding any demand for payment, acceleration and/or the entry
of any judgment against any Obligor, until all prindpal owing hereunder
is paid m full
ATTORNEYS' FEES AND COSTS - In the event that Lender engages an
attorney to represent it in connection with: (1) any alleged default by any
Obligor under any of the Loan Documents issued in connection wrth or
arising out of the Obligations; (2) the enforcement of any of [.audeu's rights
and remedies under an the Loan Documents; (3) any potential and/or
actual ban4uptcy or ot}. .rwlvenry praeedings commenced by or against
any Obliggor, and/or (4) any potential and/or actual litigation ansmg out of
or related to any of the foregoing, the Loan Documents or any of the
Obligations, then Debtor shall be Lable to and shalt reimburse Lender, on
demand, for all attomeys' fees, costs and expenses incurred by Lender ffi
connection with any of the foregoing. Debtor shall also be liable and shall
reimburse Lender, on demand, for all other costs and expenses (including
attomeys' fees) 'attuned by Linder. in connection with the collection,
ppreservation and/or liquidation of any collateral security for an of the
L}bligadons and/ot, in the enforcement of any Obligor's obligations
hereunder and/or under any of the [-Darr Documents.
RETURNED PAYMENT CHARGE -In the event that Debtor makes a
payment under-this Note by check, negotiable instmemnt or other means
and such payment is returned to Lender unpaid, Debror agrees ro pay
Lender anNSF charge in an amount equal to the lesser of the auzimum
amount penruelted by law or the Lender s then existing charge.
MISCELLANEOUS/ADMINISTRATIVE CHARGES -Except as may
otherwise be limited byy applicable law, Detifor agrees to pa an}'
miscellaneous and/or Adnvnistrative charges imposed by lender in
connection with: (1) Lender having to take any action that resrlts from
Debtor's failure !o hilly romply with the terms and conditions of this Note or
any of the Loan Documents; and (2) the release or satisfaction of any
mortgage, assignment of leases, fin,arudn~ statement and/or other document
apppeeanng on the public record which m any pay relates ro Debtor, any
Obligor and/or the Obligations. ,
MISCELLANEOUS -Debtor hereb waives protest, notice of protest,
presentment, dishonor, notice of dishonor and demand. To the extent
Permitted by law, Debtor hereby waives and releases all errors, defects and
vnperfections in any proceedings instituted by Lender under the temms of
this Note, The rights and privileges of Lender under this Note shall inure to
the barefit of its svooessozs and assigns. All representations, warranties and
agreements of Debtor made in connecnon with this Note shall bind Debtor's
personal representatives, heirs, suttessors and assigns. If any provision of
tfus Note shall for any reason be held to be invalid or unertforreable, such
invalidity or unenfonzability shall not affect any other povissioq hereof, but
this Note shat) be constmed as if such invalid or enforceable provision had
never 6eert contained herein The waiver of any Event of Default or the
failure of Lender to exerdse any right or remedy to which it ma be entitled
shall not be deemed to be a waiver of any subsequent Event of Default or of
Lender's right to exerdse that or any oche: right or remedy to which Lender
is entitled. `The riy}rts and remedies of Lender under this Mote and the Loan
Documents shall be in addition to any other rights and remedies available to
Lender at law or in equity all of which may be exerrised singly or
concurrently. This Note has Ixert delivered [o and acreptad by Lender in
and shall be governed by the laws of the Commonwealth of Pennsylvania.
The. parties agree to the exclusive jurisdiction of the federal ahd state courts
located in Pennsylvania in connection with an matter arisin hereunder,
including the collection and enforcement hereof, except as the Lender may
otherwise elect
OTHER-
Aap- Vromissory Nom (Sum of Mon[~s Digits, Over (50,000 anE Under 350.000, SncvraE Oy Non-ResiCenGal Heal Prapeny
IN WITNESS WHEfjEOF, t..~ Mortgagor has hereunto set his hand and seal the day and year first
written. This instrument is intended to constitute an instrument under seal.
31 S. Baltimore. Inc.
t/a The Holly Inn
~t, -.
Connie Touloumes ,President
~~~~ {f,
AttestYl~~t~
Demetrios S. TouToumeS , Sedretary
lAffix CorForate Seai Here)
AOC1- Promissory Nore ISum el MonNa Digiu. Over >50,000 ana UnOer 550,000. SecuroO Ey Non-ResiOentlat Real Progeny
VERIFICATION
The undersigned, an officer of American Business Credit, Inc. the instant Plaintiff,
or its servicing agent, being authorized t:o make this Verification on behalf of Plaintiff,
hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure
are taken from the records maintained bey persons supervised by the undersigned who
maintain the business records of the Mortgage held by Plaintiff in the ordinary course of
business and that those facts are true: and correct to the best of the knowledge,
information and belief of the undersignedl.
I UNDERSTAND THAT FALSE ST~,4TEMENTS HEREIN ARE MADE SUBJECT TO
THE PENALTIES OF 18 PA.C:S. SECTION 4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
/ ')D ~_
Dated: c~ U b~~~
.~ me : C rolee ~erasi, Esquire
"`Title ssistant Vice President
~.,ompany: American Business Credit, Inc.
,
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D, No. 53002
Kristen 3. DiPaolo, Esquire / :C.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 01-4562 Civil Term
v.
DEMETRIOS S. TOCJLOUMES and
CONNIE A. TOULOUMES
Defendants.
PRAECIPE FOR JUDGNfENT FOR FAILURE TO ANSWER
AND FOR ASSESSMENT OF DAMAGES
Kindly enter judgment for $217,046.56 in favor of Plaintiff,
American Business Credit, Inc., and against the Defendants
Demetrios S. Touloumes and Connie A. Touloumes for failure to file
an Answer to Plaintiff's Complaint in Mortgage Foreclosure within
twenty (20) days from service thereof and assess Plaintiff's
damages as follows and calculated from those set forth in the
Complaint.
Principal balance of mortgage $153,830.36
Interest due and owing at the rate of 15.99°s
calculated from January 28, 2001
through May Z2, 2D01 7,856.80
Interest due and owing at tYie rate of 24.D0°s
calculated from May 23 ,. 2001
through September 14, 2001 11,690.70
Late Charges due and owing under
the Note in accordance with
the Mortgage Instrument 5,024.17
Default Fee due and owing under
the Note in accordance with
the Mortgage Instrument 29,249.70
Escxow Advances made by Plaintiff
Mortgagee on behalf of Defendant
mortgage account
Court Costs and fees
Attorneys' fees
TOTAL IN REM JUDGMENT TO SE EN•.PERED
$1,453.31
250.00
$7,691.52
$217,046.56
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:~~ n 1 0~ D1 A
Barbara A. Fein, Esquire
AND NOW, judgment is entered ainst the Defendant Demetrios
American Business Credit Inc., and ag
S. Touloumes and Connie A. Touloumes, and damages are assessed as
above in the sum of $217,046.56. `
Pro. Prothonotary
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire ! l.D. No. 53002
Kristen J. DiPaolo, Esquire ! i.D. No. 79992
425 Commerce Drive, Suite i00
Fort Washington, PA 19034
(215) &53-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
P{aintrfi,
v.
DEMETRIOS S. TOULOUMES and
CONNIE A. TOULOUMES,
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
It{O, 07-4562 CIVIL TE'RP4S
AFFIDAVIT OF N'ON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIIA
s.s.:
COUNTY OF MONTGOMERY
THE UNDERSIGNED being duly sworn, deposes and says that the averments
herein are based upon investigations made and records maintained by us either as
Plaintiff or as servicing agent of the Plaintiff herein named and that the above named
Defendants are not in the Military or Naval Service of the United States of America or its
Allies as defined under the Soldiers and Sailors Civi! Relief Act of 1940, as amended, and
that the age and last known residence and employment of each Defendant are as follows:
Defendant Demetrios S. Touloumes
Age : Over 18
Residence 31 South Baltimore Street, Mt. Holly Springs, PA 17066
Employment : Unknown
'D ~
,: ,
~ ~ tr/,,~
•;;~
Jul ~ 8 200y ~;l:
i.'
pef~dant Connie A. Touloumes
Age Over i 8
Residence 31 South Baltimore Street, Mt. Holly Springs, PA 17066
Employment : Unknown ~,---~ ~`~
~ / ~~~, ~
N E: arolee Berasi, Esquire
Assistant Vice President
COMPANY: American Business Credit, Inc.
Swarn to and subscribed
before m this
day of
Notary Public
2001.
Notarial Seal
Kathleen Cadberg. Notary Pubec
Waver Marion twp.• Montgomery L`ountY
My Commission Expires Oct. 7, 2602
M~nber, Pennsylvania pa90Clatibn m Notaries
G~' C~~ it lei
JUl i 6 2001
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. Di Paolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
v.
DEMETRIOS S. TOULOUMES and
CONNIE A. TOULOUMES,
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
N0. 01-4562 Civil Term
CERTIFICATION OF MAILING OF NOTICE UNDER PA. RCP RULE 237.1
The undersigned hereby certifies that a written Notice of
Intention to File a Praecipe fox the Entry of Default Judgment was
mailed to the Defendant(s) and/or to their legal counsel of record,
if any, after the default occurred and at least ten (10) days prior
to the date of the filing of the Praecipe. Said Notice was sent on
the date set forth in the appended copy of the Notice, sent as
stated.
-ated: August 30, 2001
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. in, Esquire
Attorney for Plaintiff
Attorney I.D, No. 53002
gym.
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT, INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 01-4562 Civil Term
v.
DEMETRIOS S. TOULOUMES and
CONNIE A, TOULOUMES,
Defendants.
NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1
TMPORTANT NOTICE
You are in default because you have failed to take action
required of you in this case. Unless you act within ten (10) days
from the date of this notice as set forth below, a Judgment may be
entered against you without a hearing and you may lose your
property or other important rights. You should take this notice to
a lawyer at once. If you do not have a lawyer or cannot afford
one, go to or telephone the following office to find out where you
can get legal help:
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
NOTIFICACION IMPORTANTE
Usted se encuentra en estado de rebeldia por no haber tornado 1a
accion requirida de su parte en este case. Al no tomax la accion
debida dentro de un termino de diez (10) dias de 1a fecha de esta
notification, e1 tribuna podra, sin necesidad de compararecer usted
in torte o escuchar preuba alguna, dictar sentencia en su contra.
Usted puede perder bienes y otxos dexechos importantes. Debe
llevar esta notification a un abogado immediatamente. Si usted no
tiene abogado o si no tiene dinero suficiente Para tal servicio,
vaya en persona o llame por telefono a la oficina cuya direction se
encuentra escrita abajo para averiguar donde se puede conseguir
assitencia legal:
Cumberland county Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-62D0
Date of Notice: August 30, 2001
PERSONS SERVED:
Demetrios S. Touloumes
260 Oak Grove Road
New Oxford, PA 17350
Connie A. Touloumes
260 Oak Grove Road
New Oxford, PA 17350
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: ~O~t~T~O~ C.I. • .[..-
Barbara A. Fein, Es uire
Attorney for Plaintiff
Attorney I.D. No, 53002
THE LAW OFFICES OF' BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS
CREDIT INC.,
Plaintiff,
v.
DEMETRIOS S. TOULOUMES and
CONNIE A. TOULOUMES
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 01-4562 Civil Term
CERTIFICATION OF ADDRESS
I, Barbara A. Fein, Esquire, Attorney for Plaintiff American
Business Credit Inc., hereby certify that the Plaintiff's correct
address is 111 Presidential Boulevard, Bala Cynwyd, PA 19004 and
the last known address of each Defendant is as below.
Demetrios S. Touloumes
260 Oak Grove Road
New Oxford, PA 17350
Connie A. Touloumes
260 Oak Grove Road
New Oxford, PA 17350
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire
Attorney for Plaintiff
_~
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commeroe Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
AMERICAN BUSINESS CREDIT INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
DEMETRIOS S. TOULOUMES and
CONNIE A,. TOULOUMES
Defendant.
NO. 01-4562 Civil Term
CERTIFICATE OF SERVICE
I, Barbara A. Fein, Esquire, Attorney for Plaintiff American
Business Credit Inc., hereby certify that I have served a true and
corxect copy of the appended mortgage foreclosure pleadings/papers
upon the following parties at the last known address and/or upon an
attorney of record, as noted:
Demetrios S. Touloumes
260 Oak Grove Road
New Oxford, PA 17350
Connie A. Touloumes
260 Oak Grove Road
New Oxford, PA 17350
THE LAW OFFICES OF $AREARA A. FEIN, P. C.
HY : t_ .Yt 1 ~tA~ t n,.~.~ n ~~
Barbara A. Fein, Esquire
Attorney for Plaintiff
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17D13
CURTIS R. LONG, PROTHONOTARY
TO: Demetrios S. Touloumes
260 Oak Grove Road
New Oxford, PA 17350
AMERICAN BUSINESS CREDIT INC.,
Plaintiff,
v.
DEMETRIOS S. TOULOUMES and
CONNIE A. TOULOUMES
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 01-4562 Civil Term
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you
are hereby notified that a judgment has been entered against you in
the above captioned proceeding as indicated below.
LAWRENCE E. WELKER, PROTHONOTARY
[XX] Judgment by Default entered
IF YOU RAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
BARBARA A. FEIN, ESQUIRE AT (215) 653-7450,
OFFICE OF TAE PROTHONOTARY
COURT OP COMMON PLEAS
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
CURTIS R. LONG, PROTHONOTARY
TO: Connie A. Touloumes
260 Oak Grove Road
New Oxford, PA 17350
AMERICAN BUSINESS CREDIT INC.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
DEMETRIOS S. TOULOUMES and
CONNIE A. TOULOUMES
Defendant.
NO. 01-45&2 Civil Term
NOTICE
Pursuant to Rule 236 pf the Supreme Court of Pennsylvania, you
are hereby notified that a judgment has been entered against you in
the above captioned proceeding as indicated below.
e~sa. ~~,
~'E'" PROTHONOTARY
[XX] Judgment by Default entered
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
BARBARA A, FEIN, ESQUIRE AT (215) 653-7450.
~ a
~ r_
'~9
~0 -v m
8 ~,~-,
'~,
U~ 4=:
^G «:..
~J
C
o n
N -~
rn
-_~ ; ;,
•J i7
_-~
"D -•~ ~'
~'~ T
i~ ~n
W V
~-r-.
;s.x.