HomeMy WebLinkAbout99-03338FINANCIAL TRUST COMPANY,
Plaintiff
V.
JAMES J. TOULOUMES, JR., and
FROSO I. TOULOUMES,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
CIVIL ACTION -LAW
IN MORTGAGE FORECLOSURE
CIVIL TERM 1999- 3335' 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 THE COMPLAINT AND
NOTICE ARE SERVED, 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.
CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
FINANCIAL TRUST COMPANY,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION -LAW
JAMES J. TOULOUMES, JR., and IN MORTGAGE FORECLOSURE
FROSO I. TOULOUMES,
Defendants CIVIL TERM 1999- ?.33F (?u,?e ??
COMPLAINT
AND NOW, comes Financial Trust Company, through its Attorney, William A.
Duncan, Esquire, and files this Complaint in Mortgage Foreclosure, of which the following is a
statement:
1. Plaintiff is Financial Trust Company, a corporation organized and existing under
the laws of the Commonwealth of Pennsylvania with its main office and principal place of
business located at 1415 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant, JAMES J. TOULOUMES, JR., an adult individual, and Defendant,
FROSO I. TOULOUMES, an adult individual, are husband and wife, and reside at 5 W. Pire
Street, Mt. Holly Springs, Cumberland County, Pennsylvania.
3. On or about September 28, 1990, Defendants made, executed mid delivered to
Plaintiffa note and a real estate mortgage financing Four Hundred Fourteen Thousand Five
Hundred 00/100 Dollars ($414,500.00), a copy of said note and said real estate mortgage
being attached hereto as Exhibits "A" and "B", respectively, and are incorporated herein by
reference as though fully set forth.
4. Said note and said real estate mortgage have not been assigned.
5. JAMES J. TOULOUMES, JR., and FROSO 1. TOULOUMES, are the sole record
owners in fee simple of said premises subject to said mortgage, by virtue of a Deed dated
September 14, 1990, and recorded in the Cumberland County Recorder's Office in Deed Book
"T", Volume 34 Page 1039, more specifically set forth in Exhibit "C", attached hereto and
made a part hereof by reference.
6. Said note and said real estate mortgage are in default because Defendants herein
have failed to pay the payments that were due and owing for the months of April 1999 and
May 1999.
7. By reason of the aforesaid default, the entire principal balance of Three Hundred
Twenty-four Thousand Seven Hundred Forty-six and 24/100 ($324,746.24) Dollars, with
interest thereon at the rate of eleven and one half percent (11.50 %) per annum computed
from April 30, 1999, along with late charges and attorneys fees now due and payable.
8. The Defendants are liable to the Plaintiff for the following on said mortgage loan:
A. Principal amount due $306,152.58
B. Interest amount site 3,129.56
(per diem $97.:41))
C. Attorney's Collection fee 15 464.10
TOTAL: $ 324,746.24
WHEREFORE, Plaintiff prays the Court to enter judgment in favor of Plaintiff and
to order the foreclosure and sale of the mortgaged property and for the amount of Three
Hundred Twenty-four Thousand Seven Hundred Forty-six and 24/100 ($324,746.24) Dollars
together with interest thereon, costs and all other amounts advanced by Plaintiff.
L Williar A. n squir?4k
Attorney for Plaintiff
1 Irvine Row
CCL/l,,__?
Carlisle, PA 17013
(717) 249-7780
VERIFICATION
I, Jack V. Hutchison, hereby verify that I am an Assistant Vice President of Financial
Trust Company, that I make this verification being authorized to do so, and the facts set forth
in the foregoing Complaint are true and correct to the best of my knowledge. I understand
that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904
relating to unworn falsification to authorities.
c V. H tc ison
Asst. Vice President
Financial Trust Company
MORTGAGE
(Participation)
Ths merge maw and entered too this 28th day of September
19 90, by and between James J. Toulewae8, Jr. and Proso I. Toulotmes
(herea:anerrelerndton menQasor)and Pennsylvania National Hank and Trust Company
wortdatred), who mdnmM sn OMcs snd Plete of huts KU M 1002 N. Seventh Street, (heeelaaaar referred to r
Harrisburg, Pennsylvania
WI[WERWT11, that for the consideration hereinafter stateQ receipt or which is hereby aeknowkdsed, the Musser does hereby
asenieg¢, son, pony saaljn, and Convey unto the morelleg", his sacaaaore and assisna, an of the following described propM situated
and Wq.in the Cmv of Cumberland
Srmect Pennsylvania
Tract d 1
AM that certain tract or parcel of lend and promises, situate, lying and being in the Borough of Mart Holly
Springs in the Costty of Canbnrlard and f at10ooseeatth of Pennsylvania, none particularly described as fulloes:
HIMMIN 3 at a point on the Southern side of Pine Street; theny byptopetty not or famely of C4=01 J.
Toulate es, South 1I dagrosa 30 minutes Halt 170 feet to a point; thence by the same South 58 degrees 47
mittttea East 15.5 feet ( erroneously described in prior deed) to a post; theme by the tote Sarah 75 degrees
30 minutes West 113.5 fast to a point; thence along property now or formerly of Frank Totten, North 2 degcros
30 minutes West a distance of 97 feet to a nail; thence along the same South 81 degrees West a distacuY of
98.5 feet to a point an Hollinger Street; thence eleng the eastern aide of Hollinger Street North 0 degrees
31 minuses But, 123 feet to a point on the Southern side of Pine Street; tenon Sash 87 degrees 49 cdtases
But, 195 feet to the PLACE OF W MINIM.
R4,Vm thereon atacted a building knew as the United States Hotel and other out buildings.
B= the same pre does James J. Toulcumos by his dead dated August 26, 1982 and reeotded in the Office of
the Pecordar of Doods in and flor'parberlrntd putty in Deed Boot tw,, volume 29, Page 710, granted and conveyed
unto James J. Toulnumes and Ftoso I. TwIctutes, Orentors herein.
Sea Fidtibit 'W' for legal description for Tracts 02 and 3
Together with and inehdin j aLL buudi ta, an ftaturse laelu hng but not United to all plutabin j, heating, hghting, ventiWtnj, relkyerobag,
kwmr$An6 a1r edndwonuq WPUINW andekvawrs (the monjajor hereby deelsret j that it is intolded that the LLems herein enunwwel
shall be domed to have been Pftmsr ently batalled as part of the realty), and ale improvements now or he eater existing thereon; the
hsraditements std appurtenances and all other ruts themtnto belmM or in anywise appatainlog. and the reversion and revenlons,
remainder and remainders, all rights orredempuon, and the rents, istoes, and profits of the above described popem (prwAde4 however.
flat the nwrtilaw,hall beemaded to the possesswn or sold pnoptM and to collect and ratan the ew , Moms, and profits umll default
hereunder). To haft and to held the acme unto the nwrrjsjee and the Dummwrs in invest of the mnrtgave forever M he sunple, or
visit sinter e9em, If any, as is sated herein.
The MWWW Co enema that he is lawfully Wised and possessed of and has the
same Is fees tram all encumbrances except as htrebabove recited; and that he hereby Wad: eu
?tetfetsaeora in in interest to
warfare, and defend the tale aforesaid **me and "M prt thereof egoist the Glenn of all pa aeavr894ptever.
This butmme t it jiver to ucere the payment of a prombrory nste dated f-+
prindpl sum of f 414,500.00 signed by Jam J. SAM=, Jr. and n
isbehalfof T. Jimmy's Place.
a-+
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E081i ? ? PA;E 228
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? ?r''?ulocasrs.
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C O 'n
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SWA FORM Ora (1145) USE 2.78 MITION UNM COWI£T'ED A? 1-4/ 4&
EMIS
JLL.. GI.IJJD il•Ma.YI'I LVMII LVLLnICrte1L •
1`IV.4CO r. c,
.•.,,
Said'prorrdsypry note was g R a loan in which 6e Small
8uaktta Adadnftation, an
of at?rlq of the United Shoes of
139 Atneiq, C"'has101P.IML artlct this Deted In erom k'WW 101-1(d) the Rules and Regulations of the
li with instrument is to be conshved and enforced to accordance with 9alla 9utgtraa Ahlmtnhralaa
appPllnbM Federal law.
L 7be mortgagor covenants and agrees as to0owa:
.. gHewill PrOMPgyPU'theindebtednene
v4lrnced by eakl promissory nos atNe tiros and in the mannertherehh Provided,
b. He will PV• all taxes, smeurftentk water rata, and other govenroettal or munic4w charges, rd", or tmposlttons, for
which Pmvislotl has not been made hertinbefore, and will promp y debver the Metal retelpts th..refor to the said morysgee,
e He wpl Pay uc expemes
ad an and fea as rnay.be Incurred In the Protection std maintenance of slid property. Including the
tkep of it" attorney P mongayse for the collation of any or all of the indebted iaas
by mortgagee's ask, or court pmceedingr, or In wjw litigation or b ' or heated in any Other way shall be.PNd by the mottpaor, ? affecting said Pn'Pe+?, Attonpeys' hex reasuanpy
shagd. For ball semqlty of?the yaaWdebortbtesem a r scored, upon me request M the vMS*ss, Joe wtaew on or it 16 he
'be pt"mty he eb above °ro+t8+6ee eovar6 < any eddftioaa tmproretttutpa or bettaraeas
?Z?tl mote, atwuld mgrr dosallood
611 m? etoe all Pert' uautred by It after ? Ot? Call to form se the tlafactoq to nbor? ).
any ddadtln the Paymcot of a pttngegdaadbad
laftwoent mortgagor hereby agrees to per* mortgagao to core suit Is riot W* W to do zap
andsuchadvanewahallpenoanpatathemdebt¢Ataaascetaed?. ,botft2azzae tarmanatdoetdtt{ons.
e. The notts created b7 this. cota'ryma ehsA retmin N DA farce said effect during any pow or arartoo or the
time of the paRtner t of•tM lndebpethneoa evldotueed by am promhaaq note or any Part the for healed haft.
L He win eorru uoue(y maintain hazard insurance, or such type or types and in Rich sieounra as the mortgagee troy e'dm
time to Ursa require set the Ieprose,umta now OF haeatter on said Property, and wtU Pay promptly when due sty pxamhtma
tW
by ftwrtpgee and hen saaeW dwreto loss ea , All Insurance abslh be earned in compaues accept" to mortgagee and the policies and renewals tb~ dell be held
payable claims In dror of and In facia acceptable to the mo tgagee. In even of
directly
'RorW4or, and es& insurance company ?errod Is ?hereby ?r suatand mitaMortgagee d ad dhR+19eeted tM&h o m snake of of l the ast If for riot Kwh made leabcdty
a morW41ce Instead of to mortgagor and Pert thare arty oy
mortgagee a its option either to the reduction of the Indebtedness hereby aerated ed o or to the or to the restoration i ? l? re tbe md
he eP Iw
duamiled or destroyed. In even of foreclosure by
said Property re ex of
Mit lodebtednaas secured ma rigigof d this Ln ttnettft the rtbegpother tradfe of title to add pre y in of
Pant to the Purchaser or y. all right, , We dale. Mid in he o of ymr in and to all i aef PoJk&a Phew in twos elmll
mortgagee or, at the option of f the mortgagee, tray be surrendered for o a r retold,
g He will keep all buildings sad other chPran on seta properw ! prod petrentt, commit, or
shift no waste. Impakttrcm, deterioralon of propdrope any psfttht ee reran std condition; will
tr or h oven fn the a eon a fa a tiw nparPglgar toleap
Malse bWt ?Ip on said ptpntaea and rite aroCtetl on said pr pte,ntaaa, or thereon, in good ood rrpatr, ft repala as In its discretion it may deem noceasry for the proper prtacrvadoet thereof; and the hull atno of CWA
and My Mich Payment al all be innedlaky due and Payable; and shalt be secured by the lien of rich ttmrtgag&
h He will not votantatib` orate at Wm* to be crusted against the propetp, subject to this nrortgage any lien or liens Inferior
as superior to the lien "this mortsge without the written consent of the mortgagee; and Andes, dust he will Well and maintain
the same free &M the Claim Mall Persons rpPying labor or mataals for construction of any 04 all hwdinp or improve""
rim being erected or to be erected on said pres[aa.
I He will riot rem or ase p all part or the rent M said mottgtgM property or demWlely or rwoom, or atbetattttaly fier
aw building without the wrWAo consent of the mortgagee.
'¢ All awWs of darrragea In connection wtth stay condemnation for Public use of or Wury to all of the program supiedt to mortSW am hereby f under W note, sock
assiVied and ahsfl be paid to matgagae, wtw may apply ttte same to pa"nent of the Installments tut tnortilw theeof no to appeal from any suche aw.ad? ? d In t!M name of the mortgagor, to eaetvk and t41Mer slid acghtttahccs
k the mortgagee 4" have the light to Ingnax the mwVgvd ptwnfses at any reasonable time.
the 2 DWok in any or the coveralls or conditions of Nis kwOur ern or of the rate or loan si reenwat aeLlred
moftle ['s right to WMW=ton, ire, and enimmera M the n*MMm or his asdan ? it be rig speed
mid gyp', rtgagortmor shall have such r0tt aril defsuk). UPoa any much 6daat the uk, Ove n ? iartp of
iga ? it shall bacon Mee owner of ail of tla tuft
PutPOSCO( pro scauuy after ddoa as 00 for the Indebtedness secured hereby. With the rtghtt to cam upon said property for do
Collecting such rents and proilts.This msattmarttslrL opYeteu sn aeagnnwrtt orsnyeenabontoW ptoPap•totlat eaten.
SBA FORM W (I3•gt) BOOK 002 PALE 229
.,N.. LI .1" 11 11 . LV"I LVLLn I L." ? I\V."GO I'.1
• 3" 1W mmtgagor Cove w and agree that If he shall fag to pay anid HdeM&ea or WPM thereof lW due. or shall to to
perform ad Covantot or agreement of this kwument or the pub y note aecured hereby. the etdite inddstetlnaa hereby svmred
slwlf Unmeob' become doe, payable, and collectible wttieua notice, at the optioo oTlle mortgagee or saaigtp, nvadess of motored,
god the mvrts.teie or his amigns may bahrte or otter otter sell acid proptlty tAttoot me:tc (d% n. taooor hated weed aye
eta pad to the mortgagee all rights of sporabenent):
;. I09 st jad sale pursuant to the provisions of 28 US.o. 2001(a); or
(9) at the option of the mnrigWa,.nher by suction or by sotiryanoet of se" bids, for to hoe and bar bid complying
withthe te2fm of ¦ de and mama orpsynam speclfted in the tohLrsa nooft of ails: am Oving four 4setd notice ofthe tons,
Iocmw, and phoe of rteoh sale, by .aunt not Irea than once during each of Said four weeaa in a nuwaptpar pabtrbed or
dhalbuted in ttte county m which oW properly b sbated, all other node. being hereby walvad by the morVilor (end gild
mortmee, or arc Perin oa behalf of acid mortgagee, mqy bid with the unpaid Indebtedness evidenced by aald Ism). seta Oak
dell be held at or an the ptopeaty to be sold or at the Federal, mtmty. or eilY eomONIM for the cOGM in -Minh Ice propaw
b lecawd. The mee Wpe is berey withotinad to esmew for and on behalf of the mmytogar and is dWtws to do purchow at
04 axle a ethffidetd comeyaea of acid psoparty whidr conveyance ghan cotntdn recitals as to the htppen" of the 6d"
upon which the etacttion of the pow ofask htin 0 depaedr mid the son naegagor lanseby waglbt6la sad appoiah
the tnwyplpee or any apart or amorney of die m orga^ the spot and attcrtey in fox of said wortgagdr m tthil a suds racSSab
and to execute said c mvawKe and hereby Covenents and agrsa that t» redbis Do mode "be cRectual to bar on ogwty or
kola IedaemDboml honasteW, dower. anti all oiler a of ISe rmorSgt?i, al? of Mhlcb see leeeby a walstd and
i -•GpnY H,tO the morwpai or
'(,l??fne anY other appropriate action pursuant to agate or Federal statute either in sate or Federal court or otherwise for
ille x1elm t?ru of the property.
_.-.?• .. lndha,4tveC[ QT a ask as heieinbtinre provided, the murtgagrm or any persons m possession under the mangogor shop then become
"• oral be;_tetlpnl+ Folding over and shall forthwith deliver poeuession to the purchaser at such sale air be summartly dtapoaeesaed in
apaoe'QRIICe•1h7t?i the provisions of law applicable to tenants holding over. The powet and agency hereby putted are coupled with an
tntaesh acrd arc irrevocable by death or otherwise. and are granted as cumulative to the remedies for collection of said indebtedness
provided by law.
g The proceeds of any sale of said property in accordance with the preceding Paragraphs Shall be applied tiro to pay the ants and
aapemes'of said sale, the expenses incurred by the mortgagee fur the purpose of protecting or mauttaining said property, and reasonable
atomeye. Leer, secondly, to pay the indebtedness secured hereby, and thirdly, to pay any surplus or excess to the person or persons
legally entitled thereto.
ti. In the event said property Is sold st a judicial foreclaeure sale or pursuant to tie power of ale herelnabove granted, and the
prom a as not sufficient to pay the total indebtedness secured by dds inswment and evidenced by said promissory note, the mortgagee
will be entitled to a datleiency judgment for the amount of the deBcieney without regard to appralsemenc
6. in the event the mompgor fails to pay any Federal, state, or local tax avaee me tI income rat or other to lien, charge fee, or
other evettse charged aglitst the property the mortgagee is hereby authorised u his option to pry the same. Any rmw so paid by the
mortgagec shill be added to and become a part or the principal amount of the indebtedness evidenced by seat note, subject to the same
termw and cotdwona. U the mortgagor shall pay std dschage to I debtednees evidenced by said pmmiwony note: and shall pay such
sums end !hall dochup all taxes and been ale the costa, fees, and expenses of malting, enforcing, and executing this mortgage, then
tae nwrigage ahill be canceled and surrendered
7. Tlie covenants hemm contained dull bbd and the bendW aid advaMages shall Inure to the respective successors and assigns
of the parties hereto. Whenever used, the singular number shall Mode the plural, the plural the Nngoler. and the Use or any gender
lraG include all Ganders.
L No -slyer of &my covenant herem or of the obligation s2cwcd hereby shall at any time thereafter be held to be a waives of the
tarns halest or of the note secured hereby.
9. A Pd=d decree, order. err judgment holdurg any provision or portion of this instrument lnvabd or unenforceable ilwll not In sty
way impieir or prelude the enforcement of the remanung provisions or poi dos of thus 4mnumem.
10. Atywh=n noticesobe issued to the motigagorl tu?aP °nsartuNYammmentlwR be addressed tothe mortgWtu
and sty written native to be [sated lathe mmt®spt shat
be addeesaW to the mortgagee u .
SDA M&I M (I I-M BooK 892 PAGE 230
IN Wnma bawmftt as of Mr. the matMm hu aa•? mW tWs lament and the =mtg&M her orrapted daUvey of t64 tha da sad you afasoasi&
rO
J. Toulou?!, Jr.
of the [o9orltq wltesaata:
.y .......... ........................
................................................................
O2tn FALTH OF Pgt=VANfA
co u OP DOW
(Add APPmPa W AcW wkdynmt)
d. A Natuy Public in and for said castty. in Sgtd afosasaid, do hereby
certify that Jams J. TwIgmrc, Jr. end EYoso 1. Tai cums persmally Imam to me to be the canm pus=
% how a:a are subscribed ro the lategoing imstttmtaar, eppesred baftm = this day in prom and admwledged
that they sued. soled aod.dalivered the said f=trmiant m his ft m and w
posas tditmia set forth. ltaiatlr ace fac ft tees and
pat
.J
l 1990.
sMRit7.tsCt 1?
ta'i
0
b
.Q x
s ?a
lip
t.M/M. TT 0=1•/7•'L'1f
Given w&x ur hwd mod Notmial Seal, this o1g%t day of
JtA..Gf. Av= 4 l•40f ?'I Lllnl .LV LMI LfOi
I .
I ?
StATEOF, , Pennsylvanil
Dauphin
COUNIY GF
AFFIDAVIT
iwite James J Touloumea Jr. and Presto I. Touloumes _,pc(a5
• tkat d* 9fot4 dwm asd as as (ohm!
a.? 4ndly4dual of An vnarp • •
T. JnW'S PLACE
(Porrovar)
which is arss *diadwbudnasof Reatauran /bar
?!'NebOl?sOf/aL6atfltadoaPPl?t?ot+to we.w,.•..,f?LA11lL1DlAiP w?r wt.In •elfet ?arn? a,??
torabatsinaaamtnmtaatoeaoeed5 four hundred fourteen thousand five hundred and 00/100chs dollars
45 414,500.00 trop*A&rupdssoiebaadesdusivelyfor businessgurposes
9I71UMMasttisasadetoindoce oCNAKVIVAhl A NATIONA, ..vv AwOnI=Co11 MW-
to osnatmrmtls ask IML
DATEDst Harrisburg Pennsylvania -lhh 28 dysy September _,iq-•
(teN Rant
1( 9=qm.U?.• f
Ja s J. Toulo s, JcW.,
C y
Fr so I. Touloumas treea.a
STATEOF Pannsvivnnia
?Sr_
COlf Mep Dauphin
a Notary Public in and for said County, in tht Stale afomaid. do
hembymorsd at James J. Touloumes, Jr. and Froso I. Toulcumes
patotnily kaaas to me to be toe seat, pesos whom acme is subscribed to the formula in:uuwana. appewed before sae ahis day
In peraan and aekaow$odped that be slpkd, sealed and ddlsered the said instrunwitt as his tree and volusury a0.. for the um and
1 lipada art forth.
iNENundersayhand andNautalSeal.this 8 dsyof S"nrembgr 19922-
W"Public
.,..•'; `•.. PtttmbMAstabracppyaaisaVOo??GFi
Mf s9 sArpvraIwo Fspstnrny,lipt
LOAN' U r.. ursnW+.rr.w..
eOSW*119 + I,.awr
JUL.27.1998 11 c 42NM LOAN COLLATERAL NOO.4 f°1[ k?`S( n
. pain" ow 11.W.WW
" U.S. Smell Business AdminlstratV " am LOAN Wwam
NOTE I GP 9 297 1001 HB0
HaWsburg Pennsylvania
(Cleo ear DAN
g 414.$00.00 (Otte) September 28 1990
ft vyw eeaivea, than undece4P pxomisths to pay to tM order of
PERNMUNIA NATIONAL BANK b TRUST COMPANY
f &MO
ad its of m laft qty of Harrisburg . StaS d Pennsylvania
W at taider'a sprier, at a gh ethel place m may bs d#ftw ed from plow, to thm by ft hddsr $414,500.00
four hundred fourteen thousand five hundred and 00/I00ths ---------------------------
dollars.
an MOM
wish kftmvt an unpad fshoipel &wpAsd ham the dye of each adranta to the urderaosd at the ra?sr al I 1 1/2
- taetoent Per
amnion, RMW to be metre In Iletyenante U Mom Note payable twenty (20) Yeats fr= date of Note with monthly
palvents of principal and interest in the aanocnt of $4420.35 beginning on the first day of the second ninth following
the data of the Note with interest at the initial rate of eleven and ahei elf percent (11 112%) per =&vq with the
farther provisions that each pquent shall. be applied first to the interest accrued to the date of receipt of said
pwycuact, asd the balance, if nay, to the principal. Borrower -is responsible for interest due from date of Note to
first•poycent and the payment of said interest shall be included in the first payomt.
Interest an the SBA guaranteed portion of the loan at the fixed rate of eleven and ace-half percent (I1 1/2x) per
?a on eighty-five (85x) of the loan atd the variable rate on the portion of the loan nor guaranteed by the
SBA per the following an fifteen percent (15x) of the loan.
The monthly payment of principal aid interest applicable to the guaranteed portion shall be $3,557.30 and the initial
monthly psymmt of principal and interest applicable to the r"rVaramteel portion shall be SW.05.
The initial interest rate on the narVarantoad portion of this loan shall be eleven and one-half percent (11 I/2%)
par anmm. Rhe "ir¢arast rate spread' shall be ore and one-half Percent (1 1/20 per anus. 'Ilse first business
day of each moth shall constitute a "duW date". "Prise Rate" shall be the low New Yodc prime lending rate as
published in a daily natiaal finaieial newspaper.
On each sucoessive dm o date, cunusncirg with the change date occurring not less than the first business day of the
month following first disbursecent of the loom, the interest rate shall increase or decrease to a percentage per
" equal to the sua of the interest rate spread and the prime rate in effect on such clan date.
Holder should giveemttttn notice to the thdarsigmd of each increase or decreaa in the interest race within
thirty (30) days after the effective date of each rate adjusteent; boaever, the fluctuation of the interest rate is
not ceatirqmt on thither the mice is given.
If the ciirdsrsiwad shall be in default in paymnt due on the indebtedness herein and the Siwll Business Administration
(SBA) purchases its puacanteed portion of said indebtedness, the rate of interest an both the gwraetead and
ua>gaara+teed portion herein shall be fixed at the ran of eLem and one-half percent (11 1/2L) per aaooa. If the
undersigned shall not be in default in pay®nt then SBA purdhaces its guaranteed portion, the rate of interest on
bo& the ghunranceed and a atranreed portion herein, shall be fixed at the ran of eleven and one-half perrenc
0[ 112%) per aris;
It ihh iwofe CWU to a Nuctuaft kboraK rata, the r Me pnavlMm Is not a praomhdW for fkrbutlon (which shall trite plan
rapetdless'of nwftQ Peymmt of wW faWA*n rat of ptkglpal or Muss 9*g on i* We male be made pfior to the nnhsay dye
do wftaaa ponoy. Iron om yet p node lendx with wnbtm [sorbs d axons to pnpey pat or at of ode Ines at lent tires (3)
wnab prior b tIr a paled peapeymetx day. A p ""mo?t h any paymrrt wads ahead of agaedede OW emooeds twenty (20) per•
cant of apt am WWmndhhp "MW balstee. N bonosar mwm a peepeyaietx are hb to on at WW [twee we" advance nlow -
Of Yeett to prepay, ten nataNIte ONA awry odor ptovlaim to an w w" in at nose or now & =moot boerowor ahae be required
roper,/ Imoft [lone weeks WwW on the unpaid prtngpal as of the dye peaoedkg7 such pnetxyna m
WA ran 141' [earl Awae emu ahmim
r EXHIBIT
Zl
?? naa •......il a..wr? ?y.?n.^?.±LrNan the 111d11atadnM6 evideneerr this hlNv. Qlrej 11.y ducting sxPartsw, whether omtingW, nos: v or hereafter to bmzme due end whether so principal. interest and
after cmftwm. The tam -dofat(a sv used in this Nola chef mean ere or conromporanusy herewith or hare.
"0111110 whetanowr or tie PrOesedi mersW which may haw been, are. Mrplter'? 'ilea, Of other property or ngft therein of any
May or arms, in coltractlon wfth, or se security for, the Inogbe0ofteem or any May Dart be. e thereof. ofe The Coe C IM&W, and each y by lee
thereof, 9W mmas the lndWOd)eaa and each Part thereof, The cOvenwft se n so forth or act t d each pen
stru mi of hypothecation conskuting the Collmonel we hereby Incorporated in this Now cownams and condil sera of the under-
MWW with the same for" and MW as though ouch mmmante and cmkbons wore "pt forth herein.
11fvindebtednaae shall immedtetaly become Ow and Dayabia. without rfotin or demand, upon the eppomorwt of a naiwr or
ithe w ??? u tie or involuntary, for the undersigned or for any of b property, of upon the MM of a Petition by or against
ProrNldne of any Stan ineolwncy law or under the Provisions of IN Bankruptcy Reform Act of 197a, an
wma xiget or upon ttte ngking by the undersigned of an assignment for the banem of its alckl re, Holder Is authonxed to decteM at
or arty Pot Of the kWebtedrIM IMMM41411ety due and psyAde rPOn the hWpwgng Of any of the fdilowing wants: (1) Failure to pay any
Pert or the MOabtedraaa when der: (2) nonlxr MW#co by the undsrsignod of any agreement with. or any condition imposed by,
1 WM or Sated Bush ess Admniafradon (hereinafter called "SBA"). wtih raepe6Y to the Inbs6radnesai (3) HO W$ diecovery of underaignsd's laikua In arry? aaaon the undamped to Holder at SBA to d*Jm any fact daermd by Holder to tend or
o
f to "WW" fferein or In agrsementa, or M my aMclarit or other docunwm submitted in eonnealm with esid Not.
COW
(Ww Nor enfaa 11109bloOnses, of M• mistwo wmtan by, on behalf or, or for the DemM of the undersom: (q the rootganixg0y
tizati pursuant toto any a ? s PwA*" of the SwAruptay Reform Act of 1074, as am"d@M or merger or Corp
soWoon of ere u7e NO (of p any agreambnt therefor wWrortt tre prior WWW's h4we duty to mco m, to Hot s satisfaction. W such rime times as M*RW may ?? cars, foor any of th (S1 the under
baede thereof. con" Into fro cWjW of tIe rpuire for dry of the CoD doomed b of Duo-
rafdred: or (? Its inatlfrtiorf of any sit "weft the undssgned doomed by Holder
to car aQvrrssy in Inowe>t fareuraer in the CoNateollaleral err ofanrlae. Holder s fafure to "weft its rights under trio Paragraph ahaa
eat eontftts a waiver ferebf.
Upon to mfrpeynmt of the Indsbtedmu, or any part faHgt, when due, whether by acceleration of Otherwise, Holder is am.
Powered to soli. assign, and dahwr fu whole of any Part of the Collateral at mice at Me fans w place of We or of any adjourn~ thereof, which ere or*W c reselywWale- wd. without After hout dtlaructin ail eA meet or
rs.
sidereal to or erWng from sash &We or Wes. Holder rmy eppfy the residue ey a Un to the m"t of g the rode e .
ran, as If shag deem proper, returning are axoma, if any, to the undersigned. The ned ho v all t o recIm ti
or appralsemsm whether before or alter aids eroby waive all right of ndempbn
Holler is hather s lpowsred to "pact Or Gaup to ba collected or d WMN to as r omerted Into Monty erg or ary Dart of the
Collateral, by suft or otherwise, and to surrender, compromise, release, romw, extend, esehangs, or submituls any hem of the COl•
Wand In transaction *M the undersigned of any third party, Irreepsewe of any aeWgnmant ffereof by the underalgnsc, and without
Prior notice to or Conant of tin undersigned or any psipep. Whenswr any item of the OWWWW shelf not be paid when der, or
oftnvi a Men to In doh "^ whether or not 11e Indebtednasa. or any port thereof. has become der, Holder shWi Iuw ft same rights
W powere
part tferswith when dt o Nsuch ave e tiger the calawd as are granted In this P mWVh M tip of nmpaymmt of the IrW.aeQmu, or ftes, duMm, bqt each of them Ma be cumulative w wriedles. and I WddMm to or powers of Haider aprsaair provided to herein ahaa be .s• Mw 6W. rekoody.
axleft In favor of Holder, whether M We or equity, by statah Of Otlerw?loo pavaspa, and power now or hereafter
of r ?: a shap all necessary " a m m admlit W, supwAss. Preserve, and protect ft CdWwW: and regardless
name, w M takan
Inelarao M or out of 6r upon Holder in this reapla. The undonbnsd sing pay all a Wtm of any
noses
ftkxNrq but forked ? Mrcurad belare or after ft Note Ma ttecome due at Its maturity date or
k+dsbbdnap or pre edrtf i has and ooete, wldolt Holds may down necessary or proper in commakon
Win d to, the
mWnift" of ado"M Insurance) or the feWW don . pr. healer W to ers nd,tf rO aotlw, pof Oncluding. ay at any W but and not nn W t t1s
time sty at of of such apervelis, add orlted to Pay s any tine end ham tons to
ON rah set ft W^ W such pWwg
smo o rmorn th Of Of fitm the anwunt o of the Mdsbrsdnaea, and elerps Inter" tMrobn at
ePltWiad herein with pfrsdpW fN HOte.
The smanity rights of Holder and ks as 'arr hwnmdsr stall rot be kromed by Holdwa aura,
of carry now of to wWxMWW or any bm of fed Collateral, or by any Indulgence, Irtckglg W not hypollfwattlM WnM to or ^?Da 1, exteon
elan, or mcdlrtaetldrt which Holder cosy grant vdit ma<ect to the MWablsdnese or (n' any renewal, sxtm
(army er. c9mprarntse,
nslepe, ranawat, mental % srclleW or wbeftidn whbh Holder may ss In sanYraec part of tee t~. or (a) , o myd
granted In rsdpsdt Of any ebdonter, gitarantor, or ?. The Paretisswar, uspnw, r trentafarss, or pledgme or (c1 any Indygmpe
WeranfY• r? cry Other dtltwrtem er
vo fed wlfl and ardflee to warafee tlqna ery a M sold aosgnae hsrrdsfad, peeped or plladgiC eh?ia fh bat?x
S4A as f sal PWled er, Pom and e4ree?" by rifle Hate andadl applkatiom 01 00 urawelpned ho Holder or
S& as If S ssslgnp. Dangler", or pedgm wars originally named se f•M In ter Hoe are In Good Appllosdm or
S
rpxklL
MSA rivm 147 04n
Pap t
JLL..cY.1`V.4d iuaawt t_Uwv t,tru_HI uaa_ "' ..._?_ M:4dd '1 .a ..rcv.
This OMMISOory rata Is ", "• -ecurs a temp which SBA is nukhp or In whIO pis p&t*etft and. pum ant to Pan 101 at
I the Rulsa std Aepu4ft" of ON ; ?.F.f;.101.1(d)). this krotrunant b b be cont?d end (when SBA Is the ""for a party In
intareeU siden d In accordance with appikable Faderat tow.
?ON]?B1sION OF JUDGMENT CLAUS&-Tha Undersigned hereby autboriros and empowers any attorney
or clerk of any Court o2 record in the United states or elsewhere to appear for and, with
I or without declaration filed, coatess judgment against the Undersigned in favor of the
holder, {ssigase or successor of holder of the Note, at any time, for the full or total
amount of this Nots, together with all indebtedness provided for therein, with costs of
suit and-attorney's commission of tee (10) parcout for collection; and the Undersigned
expressly releases all errors, waives'all stay o2 execution, rights of inquisition and
extension upon any levy upon real estate and .ell exemption of property from levy and sale
upon any execution hereon; and the Usdersigood expressly agrees to coodemnetion and
expressly relinquishes all rights to benefits or exemptions under any and all exemption
laws now.in force or which may hereafter be enacted.
a&2? 4 ?r? dam, Qr, _
Ja a J. Toulo a, Jr.
Pioso I. Touloumes
"The Suaranteed portion of the outstanding principal a ante of . ?ote has been
transferred to a Re istered Holder for value." / ,
DATE/ jS ?!
BY
HANK
mor.-eaeporeo? epphMis must anew wag. In oxPoram MLM oy 0* . ra eer mw to smwd area ou+r eaama: Pwr
.081 P aPP? must "Kute Note in era narw. ""am WOO nlprwrt M a a 9MW peroter.
ate Rom t2r Iba? Vo wrwn
11:49RM
•r
Ty,P
BEGINNING at a stake in line of land now or late of Kra. Emma
Trine, Tract No. 3 herein; thence along name, South 75 degrees 30 described
llood. and Holl1mgger Streets thence along the easteside of Hollinger
Street, North 2 degrees 30 minutes West 107 fact to a stake; thence
along land of the United States Hotel property, Tract No. 1 herein,
to j a thonce salong then place of
30 e minutes 98.5 feet 7 to
ynorth green degrees
BEGINNING.
I!PROVED With a frame stable and garage.
jWT No. 3
BEGINNING at a point in the center line of a 16 foot wide private
alley, which point is at the intersection of Hollinger street and
52 alley; feet to a along point 1 hence along
the said 16 North 0 degrees t31 wide minutes private East 0
lands now or formerly of Spero J. Touloumes and James J. Toulcumes,
Tracts Nos. 2 and I herein, North 75 degrees 30 minutes East 165.31
feet to a stake; thence along land designated as Lot No. 2 on the
hereinafter referred to Plan, South 14 degrees 11 minutes East
55.28 feet to an iron pin; thence along the center line of the said
16 foot wide private alley South 75 degrees 49 minutes West 175
feet to a point, the place of BEGINNING.
BEING that certain lot of ground described according to the final
plan of minor subdivision for Bessie D. Touloumes Estate dated May
25, 1978 and recorded in the Office of the Recorder of Deeds of
Cumberland County at Plan Book 35, Page 131.
TWTS 2 and 3 herein having been conveyed to James J. Touloumes
and Froso I. Touloumes, his wife, by deed dated September 14,
and recorded in the aforesaid office in Deed Book "T", Volume ,
Page 1039.
Bo% 992 eAE 232
EXHIBIT
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A
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03338 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FINANCIAL TRUST COMPANY
VS.
TOULOUMES JAMES J JR ET AL
KATHY J. CLAR.KE
Sheriff
CUMBERLAND County, Pennsylvania, who being duly
t
or Deputy Sheriff of
o law, says, the within COMPLAINT sworn according
- MORT FORE was served
upon TOULOUMES FROSCO I
defendant, at 1653:00 HOURS, on the 14th day of. June the
1999 at 5 WEST PINE STREET
MT
17
County, Pennsylvania, CUMBERLAND
by handing to JAMES TOULOUMES, HUSBAND
a true and attested copy of the COMPLAINT - MORT FORE
and at the same time directing His attention to the contents thereof.
Sher Csts: 18.00 ? ,s
Docketing So answ f<• a,
Service F
Affidavit 4 00 Ile "F
Surcharge 8.00
R-7-1 omas i e, e i
$3V--3=1TCAI?T & OTTO
06/15/1999
by
e i
Sworn and subscribe to before me
this j5" _ day ofC
19-'79 A.D.
An1L'aY -c ° -
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03338 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FINANCIAL TRUST COMPANY
VS.
TOULOUMES JAMES J JR ET AL
KATHY J. CLARKE Sheriff
CUMBERLAND County, Pennsylvania, who being duly
to law, says, the within COMPLAINT - MORT FORE
or Deputy Sheriff of
sworn according
was served
upon TOULOUMES JAMES J the
defendant, at 1653:00 HOURS, on the 14th day of June
1999 at 2 WEST PINE STREET
MT HOLLY SPRINGS, PA 17065 ,CUMBERLAND
County, Pennsylvania, by handing to JAMES TOULOUMES
a true and attested copy of the COMPLAINT - MORT FORE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers-
Docketing 6.00 -'? " a H"
?sK..:r =»w:. ,a ?z?•..-
Service .00
Affidavit .00
Surcharge 8.00 omas Kline, eri
.0006/15/1999TTU p
by ??ti`1 C ?c ?1i ?-
e 5 it eri
Sworn and subscribed to before me
this ? 9?rl day of
19-9,? A.D.
FINANCIAL TRUST COMPANY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. S j f?i ?lV / cr
l
JAMES J. TOULOUMES, JR. and CIVIL ACTION - LAW
FROSO 1. TOULOUMES,
Defendants
NOTICE TO PLEAD
To: Financial Trust Company
c/o William Duncan, Esquire
1 Irvine Row
Carlisle, PA 17013
You are hereby notified to plead to the enclosed New Matter within twenty
(20) days from service hereof or a default judgment may be entered against you.
NICHOLAS & FOREMAN
By
BRUCE D. FOREMAN, ESQUIRE
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
Attorney ID #21193
Attorney for Defendant
FINANCIAL TRUST COMPANY,
Plaintiff
V.
JAMES J. TOULOUMES, JR. and
FROSO 1. TOULOUMES,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
DEFENDANT'S ANSWER TO COMPLAINT
AND NEW MATTER
AND NOW COME, the Defendants in the above-captioned matter, James J.
Touloumes, Jr. and Froso 1. Touloumes, husband and wife, by their attorneys, Nicholas &
Foreman, and respond to Plaintiffs Complaint as follows:
After reasonable investigation Defendants are unable to determine the
truth or falsity of the averments of paragraph 1 of Plaintiffs Complaint and, if relevant,
strict proof thereof is demanded at trial.
2. Admitted.
3. Admitted.
4. After reasonable investigation Defendants are unable to determine the
truth or falsity of the averments of paragraph 4 of Plaintiffs Complaint and, if relevant,
strict proof thereof is demanded at trial
Admitted.
6. Denied as stated; to the contrary, Defendants have indicated that they are
willing to make payment on the aforesaid amount set forth in paragraph 6 of Plaintiffs
Complaint and remain willing to do so.
7. To the extent that paragraph 7 of Plaintiffs Complaint is not a legal
conclusion and requires response, the same is denied, and if relevant, strict proof thereof
is demanded at trial.
8. To the extent that paragraph 8 of Plaintiff's Complaint is not a legal
conclusion and requires response, the same is denied, and if relevant, strict proof thereof
is demanded at trial.
WHEREFORE. Defendants request the Court to dismiss Plaintiffs Complaint
together with costs against Plaintiff.
NEW MATTER
9. Defendants' responses to Plaintiff's Complaint, paragraphs 1 through 8,
inclusive, are incorporated herein as fully as if set forth.
10. Plaintiff's Complaint does not indicate the purpose for the mortgage and
note allegedly in default.
11. Defendants did not receive any emergency or Act 6 notices on the alleged
default by them and believe that no such notices were sent.
12. Defendants believe and therefore aver that they were not properly notified
of default and all of their rights in the event of default.
13. Defendants have not had explained to them, and after reasonable
investigation are not sure of the amounts due and the calculation of same plus the amount
of interest due and the calculation of the same.
Respectfully submitted,
NICHOLAS & FOREMAN
By. AA
Bruce D. Foreman, squire
Supreme Court ID No. 21193
4409 North Front Street
Harrisburg, PA 17110
717-236-9391
Dated: February T7 , 2000
VERIFICATION
1, JAMES J. TOULOUMES, JR., verify that the statements made in the
foregoing Answer to Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are made subject
to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
`.1_ L V1_st,(n. ?1 (? ! !lam-?tU't?torr/+- /?.?1 ,
V /JAMES J. TOULOUMES, JR.
Dated: February 16, 2000
VERIFICATION
I, FROSO I. TOULOUMES, verify that the statements made in the foregoing
Answer to Complaint are true and correct to the best of my knowledge, information and
belief. I understand that false statements made herein are made subject to the penalties of
18 Pa. C.S. §4904, relating to unworn falsification to authorities.
-
FOS?.
OI. TOULOUMES
Dated: February 16, 2000
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