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HomeMy WebLinkAbout03-3265 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. D3- ~&S/ ~ v. ROSEMARY E, GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal $20,065.23 , Other authorized items: Interest to July 2, 2003 $ 2,388,11 Late charges $ 452.95 Attorney's Commission $ 2,245.33 TOTAL $25,151.62 plus additional interest, and costs from the date of the Complaint. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: July 2, 2003 By: $23,737.30 Guaranty ~ t: ....J P f (') c-, () ~.. c C."; ";: ~ ~' c;t -Or":-. rnr;-, -J ~~., -- ~ #~'- : C' (f? 0-' ~\ --"-' ~ C' ~-.:'- 'T' ............ ~::, ..-""" C>"\ ~ ~:~> - --...J 0- .. . \ ;:--:., 1-'-' 0' r:- ''::~~:l. V '-e ~ \0 ~ ~- -.l \ ....... C', \ c::,. t).J MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff / : NO. [/r ~J..V:) ~ v. ROSEMARY E. GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 I. The name and address of the Plaintiff is Manufacturers and Traders Trust Company, Successor by Merger to Keystone Financial Bank, N.A., 1331 Twelfth Avenue, Altoona, Pennsylvania 16601. 2. The name and last known address of the Defendant is Rosemary E. Grant, 342 Walton Street, Lemoyne, Pennsylvania 17043. 3, Defendant, Rosemary E. Grant ("Defendant") executed and delivered to Plaintiff a Commercial Guaranty (the "Guaranty"), a true and correct photostatic reproduction of the original showing the Defendant's signature is attached hereto as Exhibit "A" and made part hereof. 4. Defendant under the Guaranty, guaranteed to Plaintiff the payment of all amounts due to Plaintiff by R. E. Grant Company, Inc. ("Debtor") under a Promissory Note dated May 26, 2000, in the original principal amount of Twenty-Three Thousand Seven Hundred Thirty-Seven and 30/1 00 Dollars ($23,737.30) (the "Note"). A true and correct photostatic copy of the Note is attached hereto as Exhibit "B". 5. Debtor is in default of Debtor's obligations to make payment to Plaintiff as required in the Note and Defendant is in default of Defendant's obligations to make payment to Plaintiff $23,737.30 Guaranty 1 under the Guaranty, 6, Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note and the Guaranty, A copy ofPlaintitI's demand is attached hereto as Exhibit "C" and made a part hereof. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. There has not been any assignment of the Guaranty. 9, Judgment has not been entered on the Guaranty in any jurisdiction. 10. An itemized computation of the amount due to Plaintiff by Defendant as a result of Defendant's default under the Guaranty is as follows: a. Principal $20,065.23 b. Interest to July 2, 2003 $ 2,388.11 c. Late charges $ 452,95 d. Attorneys' commission $ 2,245.33 e, Total due to Plaintiff as of July 2, 2003 $25,151.62 11. Interest continues to accrue at the rate of Five and 30/100 Dollars ($5.30) per day as provided in the Note. WHEREFORE, Plaintiff, Manufacturers and Traders Trust Company, Successor by Merger to Keystone Financial Bank, N.A., demands judgment against Rosemary E. Grant, Defendant, in the amount of Twenty-Five Thousand One Hundred Fifty-One and 62/100 Dollars ($25,151.62), plus interest at the rate of Five and 301100 Dollars ($5.30) per day, through the date of payment, $23,737.30 Guaranty 2 including on and after the date of entry of judgment on this Complaint, and costs. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: July 2, 2003 By: /' "/~///d /' 'L// --Ge ey S, uff, Esquire upreme C<lurt In #24848 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff $23,737.30 Guaranty 3 COMMERCIAL GUARANTY Principal Loan No I Call ,'COllaleral I Account I Officer I COMM SEC 198979 CR-aso References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. , Any item above containing ""'" has been omiUed due to text length limitations. ! Loan Date i Maturity Inltlira Borrower: R, E. Grant Company, Inc. 342 Walton Street Lemoyne, PA 17043 Lender: Keystone FInancial Bank, N.A. Camp Hili RBC 4231 Trtndle Road Camp Hili, PA 17011 Guarantor: Rosemary E. Grant 342 Walton Street Lemoyne, PA 17043 AMOUNT OF GUARANTY. The amount of this Guaranty Is Unlimited. CONTINUING UNLIMITED GUARANTY, For good and valuable consideration, Rosemary E. Grant ("Guarantor") ebsolutely end unconditionally guerll1tees end promises to pay to Keystone Flnenclel Benk, N.A. ("Lender") or Its order, In legeltender of the United Stetes of Amerlce, the Indebtedness (as thetterm Is deflned below) of R. e. Grent Company, Inc. ("Borrower") to Lender on the terms end condlllons set forth In this Guaranty. Under this Guarenty, the liability of Guarentor Is unlimited end the obUgatlons of Guerantor ere conllnulng. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty inciudes any and all of Borrower indebtedness to Lender and Is used in the most comprehensive sense and means and incli.ides any and all of Borrower's liabilities, obligations and debts to Lender-, now existing or hereinafter incurred or created, including, without limitation, all loans. advances, interest, costs. debts, overdraft indebtedness, credit card Indebtedness, lease obflgatfons, other obligations, and f1abilltles of Borrower, or any of them, and any present or future judgments aaAthst Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or nOI due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable Individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidabie on account of infancy, insanity, ultra vires, or otherwise. DURATION OF GUARANTY, This Gueranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until ail Indebtedness Incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed In full. If Guarantor elects to revoke this Guaranty, Guarantor may oniy do so in writing. Guarantor's written notice ot revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate In writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty will continue to bind Guarantor for all Indebtedness Incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modificatIons of the Indebtedness. All renewals, extensIons, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, speclfioally will not be considered to be new Indebtedness. This Guaranty shall bind Guarantor's estate as to Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from anyone or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty, It la anticipated thet fluctuetlons may occur in the aggregate amount of Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees thet reductions In the amount of Indebtedness, even to zero dollars ($0.00), prior to Guerantor's wrlnen revocation of this Gueranty shall not conslllute a termination of this Guaranly. This Gueranty Is binding upon Guarantor and Guerantor's heirs, successors snd assigns so long 8S any of the guaranteed Indebtedness remains unpaid and even though the Indebtedneas guaranteed may from time to time be zero dOllers ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without nollce or demend and without lessening Guarantor's lIeblllly under this Guaranty, Irom time to time: (A) prior 10 revocation as set forth above, to meke one or more additional secured or unsecured loans to Borrower, to tease equipment or other goods to Borrower, or otherwise to extend addiftonal credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the tlme for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of Interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (0) to release, substitute, agree not to sue, or deal wIth anyone or more of Borrower's surelies, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness (F) to apply such security and direct the order or manner of sale thereof, including without Ilmita~on, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations In all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or Qualify in any way the terms of this Guaranty; (B) this Guaranty Is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result In a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and wlll not, without the prior written consent of Lender, sell, lease, asSign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any Interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit Information in form acceptable to lender, and all such financial information which currently has been, and all future flnanciallnformation which will be provided to Lender is and will be true and correct In all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date Of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investlgatlon, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor Is pending or threatened; (I) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis Information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by lender in the course of its relationship with Borrower. LXhlD,t (~\I ~Ji (jJfI~ COMMERCIAL GUARANTY (Continued) Page 2 GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notico of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or ncnaction on the part of Borrower, Lender, any surety, endorser. or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (e) to resort for payment or to proceed directly or at once against any person, Including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and plaes of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power, or (G) to commit any act or omission of any kind, or at any time. with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses arising by reason of (A) any "one action" or "antI-deficiency" law or any other law whIch may prevent Lender from bringing any action, Including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guaranto~s subrogation rights or Gueranto~s rights to proceed against Borrower for reimbursement, including wlthoullimltatlon, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (e) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessatlon of Borrower's liability from any cause whatsoever, other than payment in full In legal tender, of the Indebtedness; (0) any right to claim discharge of Ihelndebtedness on the basis of unjustified Impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender ageinst Guerantor is commenced there Is outstanding Indebtedness of Borrower to Lender which Is not barred by any applicable statute of limitations; or (F) any defenses given to guerantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the reUef of debtors. the Indebtedness shall be consl~ered unpaid for the purpose of the enforcement of this Guaranty. - Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claIm of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS, Guarentor warrents and agrees that each of the waivers set forth above is made with Guarantor's tull knowledge of Its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a rlght of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and aU accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, 10 the extent permitted by applicable law, to hold these funds If there is a defauli, end Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph, SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR, Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes Insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by VOluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender Bnd shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee In bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or heresfter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this GuaranlY. CONFESSION OF JUDGMENT. Guarantor hereby irrevocably authorizes and empowers any attorney--at-Iaw to appear in any court of record and to confess judgment against Guarantor for the unpaid amount of this Guaranty as evidenced by an affidavit signed by an officer of Lender setting forth the amount then due, attorneys' fees plus costs of suit, and to release all errors, and waive all rights of appeal. If a copy of this Guaranty, verified by an affidavit, shall have been flied in the proceeding, it will not be necessary to file the original as a warrant of attorney. Guarantor waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Guaranty have been paid in full. MISCElLANEOUS PROVISIONS, The following miscellaneous provisions are a part of this Guaranty; Amendments. ThJs Guaranty, together with any Related Documents, constitutes the entire understandIng and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Feesj ExpehseS. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any antiCipated post-judgment collectIon services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to Interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by, constrUed and enforced In lICCOrdance with federal law and the lawe of the Commonwealth of pennsylvania. ThiS Guaranty haa Deen accepted IIy Lender In the Commonwealth of Pennsylvania. Chok:e 01 Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. COMMERCIAL GUARANTY (Continued) Page 3 tntegratlon. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's ettorney with respect 10 this Guaranty; the Guaranty fully reflects Guarantor's Intentions and parol evidence is not reQuired to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, ciaims, damages, and costs (Including Lender's attorneys' fees) suffered or Incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of thIs paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used In the plural where the context and construction so require; and where there Is more than onB Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and anyone or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. If a court finds that eny provision of this Guaranty Is not valid or should not be enforced. that fact by Ilself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even If a provision of this Guaranty may be found to be invalid or unenforceable. If anyone or more of Borrower or Guarantor are corporattons, partnerships, limited Itability companies, or similar entities, It Is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any Loan indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacslmile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class. certified or regIstered mall postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revoca~on notices by Guarantor shall be In writing and shell be effective UPQO delivery to Lender as provided In the section of this Guaranty entitled "DURATION OF GUARANTY," Any perty may change its address for notices under this Guaranty by giving formal written notice 10 the other l1.artles, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agraes to keep Lender Inlorme<f at all Umes of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any no~ce givenoy Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waIver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prIor waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretIon of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and Lender's successors and assigns. Waive Jury. Lender and Guarantor herebY waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used In this Guaranty, Unless specifically stated 10 the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shaH include the singular, as the context may require. Words and terms not otherwIse defined in this Guaranty shall have the meanings atlributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means R. E. Grant Company, Inc., and all other persons and entities signing the Note In whatever capacity. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation Rosemary E. Grant. GuarantY. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "lender" means Keystone Financial Bank, N.A., its successors and assigns. Related Documents. The words "Related Documents.. mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, coilateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter existing, executed in connection wIth the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE iNDEBTEDNESS, TOGETHER WITH COSTS OF SUiT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRiNCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTiON, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COpy OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THiS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING iN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. COMMERCIAL GUARANTY (Continued) Page 4 GUARANTOR ACKNOWLEDGES HAVING READ, ALL THE PROVISIONS OF THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO ITS TERMS. THIS COMMERCIAL GUARANTY IS DATED MAY 26, 2000. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. /' .. ..JS..I) !LASIIl PliO l_tnl, R... u.s. Pal.' T,M. OFF.. y.~. 5.11.00.07 (tl Cone..."')! 1H7, 2000. "'111I.19lI'. It.._ _ PA I:lCflWlfUICfI\LPLll!!IOPC TIl.Dn PIl-21 DISCLOSURE FOR CONFESSION OF JUDGMENT Principal ., Loan Date I Maturity I Loan No ! Call I Collateral I Account I OffIcer IInltlBl8 523.737.30 05-26-2000 108-26-2008 30020 I COMM SEe 198979 ICR-850 "" References in Ihe shaded area are for Lender's use only and do not limit the applicability of Ihis document 10 any particular loan or Item. Any item above containing ........ has been omitted due to text length limitations. Borrower: R. E. Grant Company, Inc, 342 Walton Street Lemoyne, PA 17043 Lender: Keystone Financial Bank, N.A. Camp Hili RBC 4231 Trlndle Road Camp Hili, PA 17011 Affiant: Rosemllty E. Grant 342 Walton Street Lemoyne, PA 17043 DISCLOSURE FOR CONFESSION OF JUDGMENT i1 I-/f... I AM EXECUTING, THiS J--b DAY OF (fJ AY ,20 00 ,A GUARANTY FOR AN UNLIMTED AMOUNT, A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAUL TON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WII!!9UT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FIJlLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMSTHAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY I AM KNOWINGLY, INTElLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B, I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WiTHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESStON OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT, IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELliGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPliCABLE STATE AND FEDERAL LAW, WITHOUT GIVING LENDER ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPliES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. I/T/ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ILlf TO MY ATTENTION, D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000: THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. AFFIANT: ~f,Lf. : ,'(Seal) -- -- ,------ I~AS!II PAO L,ltdjno. FlI'll. U.'o Pu" T.M. OFF., \I". S. lU10.07 (e) Conun,..x '017, 2000. ^111I!O~I' Fl..........ot. ~ PA S:\CF1Wlrl2\CFlILPL'DJo,I'C TIl~U211 PII-21 PROMISSORY NOTE '? 61J 1'1 ' P~incipsl ! Losn Date I Maturity I Loan No I Call I Collateral I Account lotrIcer I Initiata $23.137.30 I 05-2&-2000 08-2&-2008 .~ i COMM see ~!ll~ - CR-B50 I. Aeferences In the shaded area ara for Lender's use only and do not limit the applicability of this document to any particUlar loan cr Item. Any itam above containing "..,,, has been cmitted duetc text length limitations. 31&~?L Borrower: R, E. Giant Company, Inc. 342 Walton Street Lemoyne, PA 17043 Lender: Keystone Financial Bank, N.A. Camp Hili RBC 4231 Trlndle Road Camp Hili. PA 17011 Principal Amount: $23,737.30 Date of Note: May 26,2000 PROMISE TO PAY. R. E. Grant Company, Inc. ("Borrower") promises to pay to Keystone Financial Bank, N.A. ("Lender"), or order, In lawfUl money 01 the United States 01 America, the pr1nclpal amount 01 Twenty Three Thousand Seven HUndred Thirty Seven & 301100 Dollars ($23,737,30), together with interest at the rate of 9.500% per annum on the.unpald pr1nclpal balance from May 2&, 2000, unlll paid In fUll. PAYMENT. Borrower will pay thIs loan In accordance wIth Ihe following payment schedula: 98 monthly consecutive paymants 01 $348.55 each, beginning June 26, 2000, with Interest ClI'culated on the unpaid principal balances at an Interest rate of 9.500% P4'r annUMj and one payment 01 $349.&& on August 2&, 2008, with Interast calculated on the unpaId principal balances at an Interest rate 01 9.500% per annum. ThIs estlmated IInal payment Is based on the assumption that all paymants will be mede exactly as scheduled: the actual flnal payment will be for all pr1nclpal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. Unless olherwlse agreed or required by applicable law, payments will be applied IIrst to accrued unpaid Interest, then to principal, and any remaining amount to lII1Y unpaid collectlon costs and late charges. The annual interest rate for Ihls Note Is computed on a 3651380 basis: that IS, by applying-the rallo 01 the ahnual Interest rate over a year 01 3&0 days, multlplled by the outstanding pr1nclpal balance, multiplied by the actual number 01 days the principal batance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. PREPAYMENT PENAL TV. Upon prepayment 01 this Note, Lender Is entllled to Ihe following prepayment penally: II, on the Prepayment Dale, the Index Is less than the note rate, a prepayment penalty, equal to the producl or the pr1nclpal amount prepaid, the Rale Differential and the number 01 years (12 month per1ods) remainIng the Loan Term, slIall be due and payable from the Borrower_ II, on the Prepayment Date the index Is more than the note rale, there shall be no prepayment panalty charged. Prepayment Date. Anytime dur1ng the term when the Borrower repays outstanding principal, In Whole or In pari, other than reguterly scheduled princlpBl payments as provided within any promissory no~e and related documentation evidencing this loan. Index. The average per annum yield to maturIty, expressed as 8 percent, of actively traded Issues of United States Treasury Securities, ac:I(usted to constant maturities which Instruments shall have a term most closely approximating the remaining term of the loan on each and any prepayment Date. The applicable yield will be the quoted average rale lor the month Immediately preceding the month In which Ihe Prepayment dale occurs; and derived Irom the Federal Reserve Statlatlcal Release on Selected Inlerest Rates (the "Release") as and when pUblished by the U.S. Treasury Department. II more than one U.S. Treasury Secur1ty would comply with the requirement 01 the provisions herein, the Security having the lowest average per annum yield slIall apply. lithe Release Is not in pUblication at any Prepayment Date, any comparable publication or release 01 the U.S. Treesury Department or any othe United Stales governmental department covering the applicable period for this computation shall be used. II no comparable release or publication Is published, the Index sMII not apply. Rate Differential. A Aste Dltterentlal shall exIst where the Index on any Prepaymenl Date Is less than the loan Interest rate. Except for the foregoing, Borrower may pay all or a portion of the amount owed eartier than it is dUe. Early payments will not, unless agreed to by Lender In writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", ''without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Keystone Financial Bank, N.A.; Camp Hill RBC; 4231 Tondle Aaad; Camp Hill, PA 17011, I.ATE CHARGE, If a payment is 15 days or morelale, Borrower will be charged 5.000% or the regular1y scheduled payment. INTEREST AFTER DEFAULT, Upon default, including failure 10 pay upon final maturily, Lender, at its option, may, if permitted under applicable law, increase the interest rate on this Note 5.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection witH this Note, interest will continue to accrue an this Note after judgment at the existing interest rate provided far In this Note. DEFAULT. Each of the following shall constllute an event cl defaull ("Event of Default") under this Note: Payment DefaUlt. Borrower fails to make any payment when due under this Note. Other DefaUlts. Borrower falls to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any ather agreement between Lender and Borrower. Default In Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any olher creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf' under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furniShed or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout. or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self..41e1p. repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts. including deposit accounts, with Lender. However, this Event of Default shall not apply If there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding l'f-htb,-I'i'B" PROMISSORY NOTE (Continued) Page 2 and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bend for the creditor or forfeiture proceeding, in an amount determined by Lender, In its sole discretion, as being an adequate reserve or bond for the dispute. Events AffecUng Guarsntor_ Any of the preceding events occurs with respect to any Guarantor of any of the Indebledness or any Guarantor dies or becomes Incompetent, or revokes or disputes the validity of, or liability under. any gl,l8ranty at the indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Change In OWnerahlp. Any change in ownership of twenty-five percent (25%) or more of the commor stock of Borrower.' Adverse Change. A material adverse ct'1ange occurs In Borrower's financial condition. or Lender believes the prospect of payment or performance of this Note is Impaired. Insecurity. Lender In good faith bslleves Itself Insecur.. .. Cure Provisions. If any default, other than a default In payment, is curable and if Borrower has not been giVen a notice bf a breach of the same provision of this Note within the preceding twelve (12) months, It may be cured (and no event of default will have occurred) it B~rrowsr, after receiving written notice from Lender demanding cure of such default: (1) cures the default wIthin fifteen (15) days; or (2) If the cure reqUires more than IIftean (15) deys, immedialely InlUatas steps which Lender deems In Lender's sols discretion to be sufllcient to cure lhe default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, aftar giving such notices as required by eppllcable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immedIately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect tha loan if Borrower does not pay. BOrrOW"': will pay Lender that amount. This includes. subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there IS a lawsuit, IncludIng attorneys' fees, expenses for bankruptcy proceedings (Including efforts to modify or vacate a.ny automatic stay or injunction), and appeals, If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waIve the right to any jury trial in any actIon, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be govsmed by, construed snd enforced In sccordsnce Wllh federallsw end the II1WS 01 the Commonwealth of Pennsylvania. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If ther. is a lawsuit, Borrower agrees upon Lender's request to submit to the JUriSdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF, To Ihe extent permllled by appllcabie law, Lendar reserves a right of setoff in all Borrower's accounls with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by a Mortgage dated May 26, 2000, to Lender on real property described as "Real Property localed at 342 Walton Slreet, Lemoyne, PA 17043" and located in Cumberiand County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note; a Mortgage dated May 26, 2000, to Lender on real property described as "Real Property located at 338 Walton Street, Lemoyne, PA 17043" and located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Notej and an Assignment of All Rents to Lender on real property described as ''Real Property located at 338 Walton Street, Lemoyne, PA 17043" and located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and Lender's successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs thIs Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender! may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or Impair, fail to realize upon or perlect Lender's security interest In the collateral; and take any other action deemed necessary by Lender without the consent at or notice to anyone. All such parties also agree that Lender may modify this loan without the consant of or notice to anyone other than the party with whom the modlllcation is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability Of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THiS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO Am COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THtS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME ANO AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EiTHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALl THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWlEDGES RECEIPT OF A COMPlETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL ANO IT IS INTENDED THAT THIS NOTE IS AND SHALl CONSTITUTE ANO HAVE THE EFFECT OF A SEALED INSTR4MENT ACCORDING TO LAW. BORROWER: R' E. G~ ylM,P By: -1J.1.~ R"""m.ry E. c1empany, In "NCL.'A . ~ ..__.(Seall , P ., ~ Gr.nt ILA.1l1l PRO LeMing. PI..,. U.S. P&I..l T,M. OR., v.r. '-11.00.07 tel 00110_..,,'.>1 '"1. 2000. "1'1110'''. A.......d. - PA S:\c:tIWIfll2\CFlILI'1I020.FC 111-021 PII-:&I- Jun. I I, lUUJ IU:U4AM M& I tiANK \'J,d:J~ LJ, L > . Manufacturers and T rader9 Trust Company 133112th Avenue, Altocna. PA 16601 (814) 947-1924 Fax: (814) 947-1922 October 9, 2002 SpeCial Assets Department ""IMPORTANT NOTICE** VIA CERTIFIED MAIL Ms_ Rosemary E- Grant RE Grant Co_ Inc. 342 Walton Street Lemoyne, PA 17043-2026 Re: Account NUIllber:- Amount Due: 3966323017 $20,065.23 Account Nwnber: Amount Due: 198979-JOOI.2 S49,203.2~ Account Number: Amount Due: 198979-30004 $49,293.06 Dear Ms. Grant: THE ABOVE ACCOUNTS ARE IN DEFAULT due to payment delinquency and the cessation of business and/or insolvency of RF. Grant Co.. Inc. These are evt-"Ilts of defuult under the loan documents entitling the Bank to accelerate the indebtedness. Accordingly, Manufacturers and Traders Trust Company (M&T Bank) demands immediate and full payment of the above accounts. The am01mts shown above must be fully paid in order to avoid M&T Bank commem.ing legal actions against you, RE Grant Co., Inc., and/or all guarantors to recover the unpaid principal amounL~, plus all unpaid interest, costs and fees. In accordance with local Court rules, once any judgmt,'llt is on record tiJr thirty (30) days, M&T Bank can request that the Sheriff levy on your property, or any other items of collateral, and thereafter conduct a public sale. Obviously, any legal action by the Bank would place your continuing ownership of real estate and/or other personal assets in significant jeopardy. Please telephone me if you have any questions aI,out M&T Rank's position in this matter, Keith P. Mangan, Assistant Vice President Ikpm E1-h,6,t ''C ii MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. v. ROSEMARY E. GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT VERIFICATION I, Keith P. Mangan, Assistant Vice President, for Manufacturers and Traders Trust Company, successor by merger to Keystone Financial Bank, N.A., being authorized to do so on behalf of Manufacturers and Traders Trust Company, successor by merger to Keystone Financial Bank, N.A., hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A. Date: J{.L\~ d, doD-3 By: ei angan Assistant Vice President $23,737.30 Guaranty MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO, b)- J~~~ ~~/ Plaintiff v. ROSEMARY E, GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Manufacturers and Traders Trust Company, Successor by Merger to Keystone Financial Bank, N,A., Plaintiff in the above captioned matter. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY DateJ~J\.( .j, ~o3 By: $23,737.30 Guaranty Ci (..) (') C c <1:),' rn\ ~.. <C;:"" - , ~!~.' (':.' ~-~; _, -t1 h , j:;~~:.. ::2 ,.-, - <=" ,0 :;.., ,~ -"- ~ACTURERSANDTRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. / O?- ?:>l.~~ ~ Plaintiff v. ROSEMARY E. GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, Manufacturers and Traders Trust Company, Successor by Merger to Keystone Financial Bank, N.A., is 1331 Twelfth Avenue, Altoona, Pennsylvania 16601; and that the last known address of the Defendant, Rosemary E, Grant, is 342 Walton Street, Lemoyne, Pennsylvania 17043, Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: j u1~ d I dcD3 By: uf , Esquire Su e ourt ill #24848 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff $23,737.30 Guaranty o c < 'TJ l~;' rn,', Z.-T (/5 -' ~l_. <;;, 2: ;'-0> c:::: c..:' (,< r- (=-, '" '0 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : NO. 65- 'j)k :) ~ v. ROSEMARY E. GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant, Rosemary E. Grant, in the above-captioned action is not presently on active or nonactive military status, Respectfully submitted, Date: Jl..L \'{ {), dOO'S By: SAIDlS, SHUFF, FLOWER & LINDSAY ,<:r'? 'f/:/ U;l<:squire S r ourt ill #24848 2109 Market Street Camp Hill, P A 17011 (717)737-3405 Attomey for Plaintiff / $23,737.30 Guaranty (') Co C) C W ,1 ~ .-,"' ~co-.. t'; ,-"~ n'"i U -,-- ?;. .. .- C) l.) 2~, :g ~.. ~~ .~ ).,> , , ;:- ," ," ,0 .:.<. MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : NO. (jJ- 3 J.(; <( ~ v, ROSEMARY E, GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT NOTICE TO: Rosemary E. Grant Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: GEOFFREY S. SHUFF, ESQUIRE TELEPHONE NUMBER: (717) 737-3405 ~jl rI J 6~ $23,737.30 Guaranty (') 0 (":) C~ (....; "Tl 'S... ,- .-:-' r+1 " .....- -'l I ~_._- I u;. C' -,-,: , ; C' I --n '-'--- -'7'; ~; -,- (') IT: > . .,- '.'" ~O , P -< MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-3265 CIVIL ROSEMARY E. GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT - 2951(b) PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter. (I) directed to the sheriff of Cumberland County; (2) against Rosemary E. Grant, 342 Walton Street, Lemoyne, Pennsylvania 17043, Defendant; and (3) against N/A Garnishee; (4) and index this writ (a) against N/A, defendant, and (b) against N/ A, Garnishee, as a lis pendens against real property of the defendant in the narne of garnishee as follows: N/A (5) Principal Amount Due Interest from July 3, 2003 at $5.30 per diem Costs $25,151.62 $ $ (to be added) (to be added) CERTIFICATION I certify that (a) (b) This praecipe is based upon a judgment entered by confession; and Notice will be served with the Writ of Execution Pursuant to Rule 2958.3. Date: March 4, 2004 Res'Jectful\y submitted, , , SArrIS, SO] <'F, FLOWER & LINDSAY By \\~~ ~~ Matthew J,\E~helman, Esquire ill #72655 2109 Marke)JStreet, Camp HilI, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for PlaintiffM & T Bank 1'J Q;cJ~ tt:- l ~ ~ ~ ll.r ....... 0 ;t-- ~ ~ (" t3 ~ ~ -I- ~ ~ .eq~ , -:- '1 0 C () ~~ r C .....-i<t ~ ~...o "- . '. .V) () ~ ~ 0 o () 0 c, , ~ p nV ~ .!:l- r--. ::) ; ~ "0 ~~ g s:;~~ =--.-:-:1 -',. i-', 1 ~"'-' - Ci WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3265 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, Interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff (s) From ROSEMARY E. GRANT (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $25,151.62 Interest FROM 7/3/03 AT $5.30 PER DIEM L.L. $.50 Atty's Comm % Atty Paid $37.00 Plaintiff Paid Date: MARCH 10, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonot~ p '-m ~: L.tA.(J~.1 - ., '{~'Fc.r Deputy REQUESTING PARTY: Name MATTHEW J. ESHELMAN, ESQUIRE Address: 2109 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court lD No, 72655 MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3265 CIVIL v. ROSEMARY E. GRANT, Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON TO: Rosemary E. Grant A judgment in the amount of $25,151.62 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a Writ of Execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the Writ of Execution and deliver it to the Sheriff of Cumberland County at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, 6/Y ,~i SAIDIS, '~i LOWER & LINDSAY By: vJ~, Matthew J. Eshelman, Esquire ill #72655 2109 Market Street, Camp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, M & T Bank Date: (J ~-, c:;;) c-;:;, C) ~.-- C" -n ~J~~; !'n,c;o" [''-1 C? ',', r- C') MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3265 CIVIL v, ROSEMARY E. GRANT, Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C.S.A. ~ 2737.1 (Act 105 of 2000) To: ROSEMARY E. GRANT Pursuant to 42 Pa, C.S. ~ 2737.1. please take notice that the Plaintiff in this matter has entered a judgment by confession against you in the amount of$25,151.62, You are entitled to file a petition to "strike" or "open" the judgment. In order to do so, you must promptly file a petition with the Court of Common Pleas of Cumberland County, Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. You will file a petition by leaving it with the courts or Prothonotary at the courthouse in Carlisle, Cumberland County, Pennsylvania. A petition is a formal statement of your reasons for challenging the judgment. You must include the names of the parties at the top of the first page and the case number, which is shown above, The petition must state your reasons for challenging the judgment is a separate numbered paragraphs, You have to sign the petition and include a sworn statement at the end of the document verifying that the facts you state in the petition are true and accurate. You will waive any defenses and objections not included in your petition to strike or open. You must therefore make every effort to raise all possible issues and defenses in your petition to strike or open in order to avoid waiving any claims. If you elect to file a petition, it must meet the requirements of Rule 2959 of the Rules of Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to comply with local rules of procedure in effect in the county where the judgment was entered. If you do not file a petition challenging the judgment, the Plaintiff may take steps to collect on the judgment by asking the Sheriff to seize your assets, You may have other rights available to you other than as set forth in this notice. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Corporations may be unable to represent themselves in court. If the defendants include a corporation, the corporation must appear through an attorney if it intends to challenge the judgment. You may receive other papers and notices regarding the judgment. Those other papers do not negate or override this Notice. Likewise, this Notice is not intended to and does not negate any of the notices or information obtained in other papers that may be served upon you, We reiterate that you are required to act promptly if you wish to seek relief from the judgment. Under certain circumstances, you have only 30 days in which to file a petition after papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order to protect your interests. Failing to act in a timely manner will render you unable to challenge the judgment at a later time. Pursuant to 40 Pa. C.S.A, Section 2737,], if you have been incorrectly identified and had a confession or judgment entered against you, you are entitled to costs and reasonable attorney fees as determined by the court. 3[4 ~~ Res~ectfullY 1U.9m tted, SAID~ :~~ 'F, FLOWER & LINDSAY By: J ij8 . - Matthew J, :Sshelman, Esquire ID #72655 2109 MarkeY Street, Camp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, M & T Bank Date: Pennsvlvania Rule of Civil Procedure 2959 . Strikinl! off Judl!ment (a)(I) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956,1 (c )(2) or Rule 2973.1 (c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings, After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule, The return day of the rule shall be fixed by the court by local rule or special order, (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. ( e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-3265 CIVIL ROSEMARY E. GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT - 2951(b) AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers and Traders Trust Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting on that tract of land together with the buildings and improvements erected thereon located in Lemoyne Borough, Cumberland County, Pennsylvania, known and numbered as 338 Walton Street, Lemoyne, Pennsylvania 17043. 1. Name and address of owners or reputed owners: Rosemary E. Grant 342 Walton Street Lemoyne, P A 17043 2. Name and address of defendants in the judgment: Rosemary E. Grant 342 Walton Street Lemoyne, P A 17043 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Discover Bank c/o Ed Stock, Esq, 1608 Walnut Street, 18th Floor Philadelphia, PA 19103 Frank Piscioneri tJdIb/a/ Presence 3580 Gettysburg Road Camp Hill, PA 17011 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Farmers Trust Company One West High Street Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 I, Matthew J. Eshelman, Esquire, attorney for the Plaintiff, Manufacturer and Traders Trust Company, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. RespectfuJy sLbljded, , ~ q/6~ ~~:d:T', ~R & LLWSAY Matthew J. Eshelman, Esquire ill #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, M & T Bank Date: -,"- ,-, e_? :.~ \....-' -'1 -..,..,- ~':: --~ C) r';. {,.:- MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3265 CIVIL v, ROSEMARY E. GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2 TO: All owners, defendants in the judgment, lienholders of record, and any other interested parties Rosemary E. Grant 342 Walton Street Lemoyne, P A 17043 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Farmers Trust Company One West High Street Carlisle, PA 17013 Discover Bank, c/o Ed Stock, Esq, th 1608 Walnut Street, 18 Floor Philadelphia, PA 19103 Frank Piscioneri tld/b/a! Presence 3580 Gettysburg Road Camp Hill, PA 17011 Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, P A 17013 M & T Bank, successor by merger to Keystone Financial Bank, N.A., successor in interest to Farmers Trust Co. 1331 lih Avenue, Altoona, PA 16601 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: June 9, 2004 TIME: 10:00 a.m., prevailing time LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land, See attached description. THE LOCATION of your property to be sold is: the following tract of land together with the buildings and improvements erected thereon located in the Borough of Lemoyne, Cumberland County, Pennsylvania commonly known and numbered known as 338 Walton Street. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Manufacturers and Traders Trust Company, successor by merger to Keystone Financial Bank, N,A., vs. Rosemary E. Grant, No. 03 - 3265 in the amount of Twenty-five Thousand One Hundred Fifty-one and 62/100 Dollars ($25,151.62), plus interest from July 3, 2003, at Five and 30/100 Dollars ($5.30) per diem, and costs until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Rosemary E. Grant. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THF, TIME AND PLACE OF THE SALE OF VOTJR PROPERTY. IT HAS RF,EN ISSTJED RECATTSE THERE IS A .nrDGMENT AGAINST YOTJ. IT MAY CATJSE VOTJR PROPERTV TO RE HELD, TO RE SOLO OR TAKEN TO PAY THE .nrDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition, If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court, A copy ofthe Writ of Execution is attached hereto. Respectfull~ siu~tpike , D,,,, S A~~ :~~:zM ~00WER & LINDSAY Matthew flEshelman, Esquire ill #72655 2109 MarMt Street, Camp Hill, P A 170 II (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, M & T Bank LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly described in the Deed recorded in the office for recording of deeds in Deed Book Q33, Page 157, and otherwise known as 338 Walton Street, Lemoyne, PA 17043, bounded and described as follows, to wit: BEGINNING at a point on the southern side of Walton Street three hundred thirty-seven and eight tenths (337,8) feet measured in a westerly direction from Rossmoyne Street (Third Street); thence southwardly along a line parallel with Rossmoyne Street two hundred (200) feet to an iron pin; thence westwardly along land now or formerly of Guy L. Strayer parallel with Walton Street sixty (60) feet to an iron pin; thence northwardly along said Guy L. Strayer's land two hundred (200) feet to an iron pin on the southern side of Walton Street; thence eastwardly along the southern line of Walton Street sixty (60) feet to a point the Place of Beginning. HAVING thereon erected a dwelling known and numbered as 338 Walton Street, Lemoyne, Pennsylvania. BEING THE SAME premises which Esther E, Saylor, widow by Deed dated March 21, 1979, and recorded in Cumberland County Record Book I 28, Page 692, granted and conveyed to Philip F. McCracken and Ruth H. McCracken, his wife. And the said Philip F. McCracken died the _ day of , 19_, leaving to survive him his wife Ruth H. McCracken in whom title vested by virtue of her right of survivorship under operation oflaw. o r<) <:,:c:, (::'::, C,; -'I ::< :: '.J c...--:,1 c-, LQ MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK., N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3265 CfVIL v. ROSEMARY E. GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT RETURN OF SERVICE PURSUANT TO PA. RC.P. 3129.2(c)(2) AND NOW, this 29lh day of April, 2004, I, Matthew J. Eshelman, Esquire, of the firm of SAIDIS, SHUFF, FLOWER & LINDSAY, attorneys for Manufacturers and Traders Trust Company, successor by merger to Keystone Financial Bank, N.A., hereby certify that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129,1 with the Notice to Lienholders Pursuant to Pa. R.C.P, 3129.2 and legal description in the United States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my return address, Copies of these certificates of mailing are attached hereto and marked as Exhibit "A". Rosemary E. Grant 342 Walton Street Lemoyne P A 17043 Farmers Trust Company One West High Street Carlisle, P A 17013 Discover Bank, c/o Ed Stock, Esq. 1608 Walnut Street, 18th Floor Philadelphia, PA 19103 Frank Piscioneri Vd/b/a Presence 3580 Gettysburg Road Camp Hill, PA 17011 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 Manufacturers and Traders Trust Company 1331 12th Avenue Altoona, PA 16601 SA! OWER & LINDSAY By: Matthe J, Eshelman, Esquire, ID No. 72655 2109 Mark,et Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff, M&T Bank u.s, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Saidis, Shuff, Flower & Lindsay II u9 MarKet Street Camp flill, PA 1701-1 PS Form 3817, Mar. 1989 u.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From: Saidis, Shuff, Flower & Lindsay 2109 Market Street u.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Saidis, Shuff, Flower & LindSa~,a.- 21w-Millkt:l Slrt:t:l A . ,~ PS Form 3817, Mar, 1989 Exhibit "A" Affix fee here in stamps /;~rl' ,~ ~ 1;) I v ;::; -0 '\ ~ '~I ' _" , I , '-----~-;;i\\' co, "1.\0"';\.""".... ..\O.t:.,f,;..~!l,~.~'t:li1.< '.If' ~ l,:'..~~~'t~.'i,'fl ~.J ':~;r...:~~<";'!i.._~ 'Ij, l'm i:~ ;:1 ~~"i':l:;;.'li.~l ~....:, CD :1'.1 ~,or!'e:~~,~".:i h ~n ~ I'...~'l,~ ~ 0 l{~ ~ ~ 11111 ~ '1I1JlU Jtlt.......*ltlt........ " ,/- ;:t",r~ ~ ~,~~~~' ""~I'~~"'~I t; r ,.:....~~ o.~::, ~~- 1"1I N:':'" '11: f_~' ~~ ~B:il"1 !\ ~ \I\~ (.) l m 111 I .*It****"*arwi~ Affix fee here in stamps or meter postaae and /"::i;"rn /'0 ~ t:;~ \1> "' -! '\ C';, ')/, 'I' , '~~i' !<. ~..~~ i~'tl I ~ l~ .It................... U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMEsnc AND INTERNATIONAL MAil, DOES NOT pROVIDE FOR INSURANCE POSTMASTER Rece'veS'ifidis, Shuff, Flower & Lindsay 2109 Market Street tvd"~ u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT pROVIDE FOR INSURANCE-POSTMASTER RecelvedsaTdis, Shuff, Flower & Lindsay 2109 Market Street if Cam~ 1701-1 ,ltJ:;! PS Form 3817, Mar. 1989 u.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE useD FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER OlIn? & PS Form 3817, Mar. 1989 "- /'-'C-1'~rlil ~ .". -1 \ U 1 -", -,?I :'0 ~ "OJ 'P::'':; i \:> " .,.! \ w_ ~'~I ~ '..... ,. ,,\ I ___"'",1~,1 :;r.":"1 f~;;"''''t'!>''i(.,:i;,;~~~~rq l">(~' ...,'if"" I,,, ... !:';~ ?~b',......'\~t:\'I.,)f ['<<'" ~ ~m~{~~:;~:~, ~~.. . C;::,~: I./'\""":"".~:'~i;!<., ~ \'" "'<', "".."~--'"'' . . gr"~;~"'lf i i I ~ lffi ...........***...".*... Affix fee here in stamps or meter postage and post mark. Inquire of P7ast~r ~Q! 11lent ~.\' 5~ ;;i"~~~'Ii>"'f~1 r..) -.:: ....~' I'U COr,~ "alii r'0~, fa:\.f( fir; o *******tt*...*..... Affiy f",,,, h.....'" in ..t..mn.. r-'~~~nl '"0 ~ ~I ~J~~ OO,"!~~," . . '" ~ "".....,...~.JI;lIl~~ "';f.:'M"';~~1l.i. ~' ~,,,~~.,,,,. ~ ,..,-, -j). ,!!'Q.....~~ ... '" ~1''-' ,...~, ~ ';""'~;"':}~""..,~ f".~....H..~'>,>>rr ~.: '1-ii/--1iti ...10 \Q ~\ ~ l~ ~\ III i.l -~ .......**.:t***.*"* U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received from: Saidis, Shuff, Flower & Lindsay 2~arket Street 't~ o/Jt;:f;~i;;;'d;;; '1id*> ~I (;. ~:~J:~ Ird1dol PS Form 3817. Mar, 1989 Affix fee herE! in ~tamn!;; /- ': ^...."Il I > "i,;\\ ~(1J i3 "'~')' ? :;; .,~: w '.'1 >~~1 "'"'\~'''~'4\.~'''1t. ""'i:"'''i''~' c b5~~:"~~~fL N-\ ,"\,4 _ t;;!ii~;~.~ E\ ~ ~'Q i~m lt1t1t"'**.*~.**** (') C <... [f~ rf~ ~,.:.. "_.L Zr ~);;~c r::: i~j ~r.l J>,,-'::'" '- ~ "" = = ~ :x >- -< , W " :JI: ~ ff; -l :r: m:!J r- "Om ~~ 0:0 ZO am ~ ~ o MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3265 CIVIL v. ROSEMARY E, GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT MOTION TO CONTINUE SHERIFF'S SALE AND DISPENSE WITH NEW NOTICE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129,3(a) Now comes, Manufacturers and Traders Trust Company, Successor by Merger to Keystone Financial Bank, N,A, (M&T Bank), by its counsel, Saidis, Shuff, Flower & Lindsay, P.C" in the person of Matthew J. Eshelman, Esquire, and files this Motion to Continue Sheriff's Sale and Dispense With New Notice Pursuant to Pa, R.C.P. No. 3129.3(a) as follows: 1, On or about July 10, 2003, M& T Bank ("Plaintiff") confessed judgment against Rosemary E. Grant ("Defendant") in the Court of Common Pleas of Cumberland County at the above captioned number and term, 2. On or about March 10,2004, Plaintiff caused a Writ of Execution to be issued in the action and scheduled the real property of the Defendant known and numbered as 338 Walton Street, Lemoyne, for a Sheriff's Sale on June 9, 2004. 3. At the request of Plaintiff, the Sheriff of Cumberland County continued the sale of the real property from June 9, 2004, to September 8, 2004, to allow the Plaintiff and Defendant to negotiate a forbearance agreement. 4. On June 9, 2004, the Sheriff's Office made a public announcement of the continuance at the regularly scheduled Sheriff's Sale date, pursuant to Pa, R,C.P. No. 3129.3(b), 5, Plaintiff has entered into a forbearance Agreement with the Defendant, providing Defendant an opportunity to address the judgment of Plaintiff in the above-captioned matter without necessarily liquidating all of Defendant's real property. 6. In the event Defendant fails to comply with the terms of the Forbearance Agreement, Plaintiff is permitted to exercise its rights and execute upon the real property. 7. Pursuant to Pa, R.C,P, No. 3129,3(a), new notice is required to be given by the Sheriff and by publication as provided in Rule 3129.2, if a sale of real property is stayed, continued, postponed, or adjourned; however, Rule 3129,3(a) gives the court discretion to allow postponement of the sale without new notice in appropriate cases, 8. If the Sheriff's Sale is continued by special order of court, Plaintiff will be required to give new notice of the execution, and incur attorney's fees and advertising costs Irelating to the re-scheduling of the Sheriff's Sale, which will be ultimately borne by Defendant. 9. Plaintiff requests the right to be able to continue the sale up to three (3) additional times without further court order or public notice; provided that the sale not be continued beyond the March 2, 2005, regularly scheduled sheriff sale in Cumberland County without seeking 'further order of court or otherwise providing new notice. 10. Defendant, having had the opportunity to consult with independent legal counsel in the person of William E. Miller, Jr" Esquire, has consented to this Motion as being in her best interest. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff the ability to continue the sheriff sale currently scheduled for September 8, 2004, for up to three (3) additional times, at Plaintiff's discretion, without further order of court, provided that the sale not be continued beyond the March 2, 2005, regularly scheduled sheriff sale day in Cumberland County; that any such continuances be without the need to send new notices to Defendant or any of the Lienholders, provided that the Sheriff's Office of Cumberland County make a public announcement of each continuation, including the new sale date, to all bidders assembled at the sale scheduled for September 8, 2004, and on the date of any subsequently continued sale date, o..#r Respectfully submitted, :Ov;Jbt~y Matthew J, Esheiman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, M& T Bank MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3265 CIVIL v, ROSEMARY E. GRANT, Defendant : CIVIL ACTION - LAW : CONFESSiON OF JUDGMENT ~E1FICATE OF SERVICE AND NOW, thi~day of 2004, i, Matthew J. Eshelman, Esquire, of the firm of Saidis, Shuff, Flower & Lindsay, P.C" hereby certify that I this day serv,ed a true and correct copy of M& T Bank's Motion to Continue Sheriff's Sale and Dispense with New NotiCll upon the parties listed below via United States Mail, postage prepaid, addressed as follows: Rosemary E, Grant, Defendant 342 Walton Street Lemoyne, PA 17043 William E. Milier, Jr., Esquire 1822 Market Street Camp Hill, PA 17011 Respectfully submitted, SAlOl" HUF.' O~ER & LINDSAY U L_ By: Matthew J. Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737'-3407 Attorneys for Members 1" F,C.U, -U(':' ~i:\~:' ;:.,n Q ( ~ ':i? ~n 1"'" '-c \ o "f2C -~i.\") ~p (~~. :?, -j ~- q, -' :I;,-:1J r. (-- -(1<<' -,,\:( 7:3,cJ ~~~~i5~ ;:,)' \ ':.-\ .'t.. "-':1 '.~ "" :$' 0:> ., (,J r-J SEP 0 8 2004 \l ~v MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 03-3265 CIVIL ROSEMARY E, GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT ORDER AND NOW, this r day of J;.t....tv 2004, upon consideration of the Motion of M& T up to three (3) additional times, at Plaintiff's discretion, without further order of court; but under no ordered that that the Plaintiff may continue the sheriff sale currently sch,~duled for September 8, 2004, for Bank to Continue Sheriff's Sale and Dispense with Notice filed in the above-captioned matter, it is hereby 8, 2004, and on the date of any subsequently continued sale date, continuation, including the new saie date, to ail bidders assembled at the saie scheduled for September provided that the Sheriff's Office of Cumberland County make a pUblic announcement of each Order shail be done without the need to send new notices to Defendants or any of the lienholders in Cumberland County. It Is further hereby ordered that any such continuance in accordance with this circumstances may the sale be continued beyond the March 2, 2005, regularly scheduled sheriff sale day By the Court: Distribution: Sheriff's Office William E. Miller, Jr. Matthew J, Eshelman /14 J. I~~--R~ I:.. 4~-J' U~/ 11. , 4~ -4 UtJ.O...... €. 1/q 0 'i '7Y)~ Jr). ~. ~ "... (') f; Wit ro ~:: ';,. t". ~);~..'.~: '-- .:c.: -~ -< . . 'fi' w 1.0 ..... = = ...,.. (0 n, -" I co o -.., ....., ::r::_ in....!.J r-- -oNl CG? Q(..J :r: :ri C" ..!J ;:..,2(") c5rq ::.--; .,"~.... :\.J' -< ;:r.:"" -~I" -'0. Manufacturers and Traders Trust Co. VS Rosemary E, Grant In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3265 Civil Term Kenneth E, Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 16,2004 at 7:40 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Rosemary E, Grant, by making known unto Rosemary E, Gra , personally, at 342 Walnut St., Lemoyne, Cumberland County, Pennsylvania, its content and at the same time handing to her personally the said true and correct copy of the sam . Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, state that on April 19, 2004 at 7:53 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Rosemary E, Grant located at 338 Walton Street, Lemoyne, Pennsylvania, according to law, R, Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Rosemary E, Grant, by regular mail to her last known address of 342 Walton St., Lemoyne, P A 17043, This letter was mailed under the date of April 14, 200 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this wri is returned STAYED per instructions from Attorney Matthew Eshelman. Sheriffs Costs: Docketing 30.00 Poundage 14,10 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 20,00 Law Journal Patriot News Share of Bills Postpone Sale 284,00 213.28 29.26 60.00 $719.22 Sworn and subscribed to before me This L day of ~ 2ooS, AD'e# ~ 1YhJ.o7', Pr onotary ~ s~?5'~ C~.~- :,,< ~-R It1"homas Kline, shlrirr BY \j C C{l" [1 Real Estate , .. MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VA vs. : NO, 03-3265 CIVIL ROSEMARY E, GRANT, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT - 2951(b) AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers and Traders Trust Company, Plaintiff in the above action, sets forth as f the date the Praecipe for the Writ of Execution was filed the following information concerning t e real property consisting on that tract of land together with the buildings and improvements ected thereon located in Lemoyne Borough, Cumberland County, Pennsylvania, known and numb ed as 338 Walton Street, Lemoyne, Pennsylvania 17043. I. Name and address of owners or reputed owners: Rosemary E. Grant 342 Walton Street Lemoyne, P A 17043 2, Name and address of defendants in the judgment: Rosemary E, Grant 342 Walton Street Lemoyne, P A 17043 3, Name and address of every judgment creditor (other than the Plaintiff herein) whose jud ent is a record lien on the real property to be sold: Discover Bank c/o Ed Stock, Esq, 1608 Walnut Street, 18th Floor Philadelphia, PA 19103 Frank Piscioneri t/dlb/a/ Presence 3580 Gettysburg Road CampHill,PA 17011 4, Name and address of the last recorded holder (other than the Plaintiff herein) of every ortgage of record: Farmers Trust Company One West High Street Carlisle, P A 17013 5, Name and address of every other person who has any record lien on the property: None 6, Name and address of every other person who has any record interest in the property and w se interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has y interest in the property which may be affected by the sale: Date: LOWER & LINDSAY ~ Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 I, Matthew J, Eshelman, Esquire, attorney for the Plaintiff, Manufacturer and Traders T st Company, verify that the statements made in this affidavit are true and correct to the best of y personal knowledge, information and belief. I understand that false statements herein are ma e subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. ~46~ Respectfu Iy s b SAIDIt ~.~F By: '~ i ted, Matthew J, Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, M & T Bank MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV : NO. 03-3265 CIVIL v, ROSEMARY E, GRANT, Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON TO: Rosemary E. Grant A judgment in the amount of $25,151.62 has been entered against you and in favor 0 the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a Writ of Exec tion which directs the sheriff to take your money or other property owned by you to pay the judgme . If your money or property has been taken, you have the right to get the money or pro erty back if you did not voluntarily, intelligently and knowingly give up your constitutional ri t to notice and hearing prior to the entry of judgment or if you have defenses or other valid objectio s to the judgment. You have a right to a prompt court hearing if you claim that you did not volunt intelligently and knowingly give up your rights to notice and hearing prior to the entry 0 judgment. If you wish to exercise this right, you must immediately fill out and sign the petiti strike the judgment which accompanies the Writ of Execution and deliver it to the Sheri of Cumberland County at Cumberland County Courthouse, One Courthouse Square, Carl sle, Pennsylvania 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS B EN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WH CH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO( DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BEUW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYEI . IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLJ TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE AL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717) 249-3166 or 1-800-990-9108 D~.ft Respectfully si,bmitted, SA1D~, !' "I' rOWER & LINDSAY ~ \ ~ I \J By: : Matthew], Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, M & T Bank MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV NO. 03-3265 CIVIL v, ROSEMARY E, GRANT, Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C.S.A. ~ 2737.1 (Act 105 of2000) To: ROSEMARY E, GRANT Pursuant to 42 Pa. C.S, ~ 2737.1. please take notice that the Plaintiff in this matte has entered a judgment by confession against you in the amount of $25, 151.62. You are entitled to file a petition to "strike" or "open" -the judgment. In order to d so, you must promptly file a petition with the Court of Common Pleas of Cumberland Co nty, Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. Yo will file a petition by leaving it with the courts or Prothonotary at the courthouse in Car isle, Cumberland County, Pennsylvania. A petition is a formal statement of your reasons for challenging the judgment. You ust include the names of the parties at the top of the first page and the case number, which is sown above. The petition must state your reasons for challenging the judgment is a separate num ered paragraphs, You have to sign the petition and include a sworn statement at the end 0 the document verifying that the facts you state in the petition are true and accurate, You will aive any defenses and objections not included in your petition to strike or open. You must ther fore make every effort to raise all possible issues and defenses in your petition to strike or op n in order to avoid waiving any claims, If you elect to file a petition, it must meet the requirements of Rule 2959 of the Rul s of Civil Procedure. A full copy of Rule 2959 is attached to this Notice, You may also ha e to comply with local rules of procedure in effect in the county where the judgment was entered. If you do not file a petition challenging the judgment, the Plaintiff may take ste s to collect on the judgment by asking the Sheriff to seize your assets. You may have other r ghts available to you other than as set forth in this notice. You should take this paper to our lawyer at once. If you do not have a lawyer, go to or telephone the office set forth blow. This office can provide you with information about hiring a lawyeL If you cannot afford to hire a lawyer, this office may be able to provide you vith information about agencies that may offer legal services to eligible persons at a reduce fee or no fee. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Corporations may be unable to represel'lt themselves in court. If the defendants incl de a corporation, the corporation must appear through an attorney if it intends to challeng the judgment. You may receive other papers and notices regarding the judgment. Those other pap rs do not negate or override this Notice, Likewise, this Notice is not intended to and does not any of the notices or information obtained in other papers that may be served upon you, We reiterate that you are required to act promptly if you wish to seek relief fro the judgment. Under certain circumstances, you have only 30 days in which to file a petitio after papers are served on you, Even ifthe 30 day rule does not apply, you must act promptly in rder to protect your interests. Failing to act in a timely manner will render you unable to cha enge the judgment at a later time. Pursuant to 40 Pa. C.S.A. Section 2737.1, if you have been incorrectly identified an had a confession or judgment entered against you, you are entitled to costs and reasonable at rney fees as determined by the court. Date: 3 4 ~~ Respe tfull SAt' , By: Matthew J, shelman, Esquire ill #72655 2109 Marke Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, M & T Bank E FLOWER & LINDSAY Pennsvlvania Rule of Civil Procedure 2959 - Strikinl! off Judl!ment (a)(1) Relief from a judgment by confession shall be sought by petition, Exce t as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to pen it must be asserted in a single petition, The petition may be filed in the county in whic the judgment was originally entered, in any county to which the judgment has been transferred r in any other county in which the sheriff has received a writ of execution directed to the she' f to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing wa not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court ha not stayed execution despite the timely filing of a petition for relief from the judgmen and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule ofCivi] Procedure 2958.3 or Rule 297 .3, (3) If written notice is served upon the petitioner pursuant to Rule 2956,1 (c )(2) or ule 2973,I(c), the petition shall be filed within thirty days after such service. Unless the defe dant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied, (b) If the petition states prima facie grounds for relief the court shall issue a rule to how cause and may grant a stay of proceedings, After being served with a copy of the petiti the plaintiff shall file an answer on or before the return day of the rule, The return day of th rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the p or answer. (d) The petition and the rule to show cause and the answer shall be serv d as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testi ony, depositions, admissions and other evidence, The court for cause shown may stay proceedi s on the petition insofar as it seeks to open the judgment pending disposition of the applicat' n to strike off the judgment. If evidence is produced which in a jury trial would require the iss es to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved who e the proceedings to strike off or open the judgment are pending. MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V A : NO, 03-3265 CIVIL v. ROSEMARY E. GRANT, Defendant CIVIL ACTION - LAW : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL EST ATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2 TO: All owners, defendants in the judgment, lienholders of record, and any other interested p JeS Rosemary E. Grant 342 Walton Street Lemoyne, PA 17043 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Farmers Trust Company One West High Street Carlisle, P A 17013 Discover Bank, clo Ed Stock, Esq, th 1608 Walnut Street, 18 Floor Philadelphia, PA 19103 Frank Piscioneri t/dlblal Presence 3580 Gettysburg Road Camp Hill, PA 17011 Cumberland County Domestic Relations om e 13 North Hanover Street Carlisle, PA 17013 M & T Bank, successor by merger to Keystone Financial Bank, N.A., successor in interest to Fanners Trust Co, th 1331 12 Avenue, Altoona, PA 16601 TAKE NOTICE: That the Sheriffs Sale of Real Property Creal estate) will be held: DATE: June 9, 2004 TIME: 10:00 a,m., prevailing time LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement ofthe measured boundaries ofthe property, together with a brief me ion ofthe buildings and any other major improvements erected on the land. See attached descripti n, THE LOCATION of your property to be sold is: the following tract ofland togethe with the buildings and improvements erected thereon located in the Borough of Lemoyne, Cumb rland County, Pennsylvania commonly known and numbered known as 338 Walton Street. THE JUDGMENT under or pursuant to which your property is being sold is dock ed in the within Commonwealth and County to: Manufacturers and Traders Trust Company, succes or by merger to Keystone Financial Bank, N.A., vs. Rosemary E. Grant, No, 03 - 3265 in the am nt of Twenty-five Thousand One Hundred Fifty-one and 62/100 Dollars ($25,151.62), plus interes from July 3,2003, at Five and 30/100 Dollars ($5,30) per diem, and costs until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this prope are: Rosemary E. Grant. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govemme tal or corporate entities or agencies being entitled to receive part of the proceeds of the sale receiv d and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities at are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and dist ution of the proceeds of sale in accordance with this schedule will, in fact, be made unless so eone objects by filing exceptions to it within ten (10) days of the date it is filed, Information about the Schedule of Distribution may be obtained from the Sherif of the Court of Common Pleas of the within County at the Courthouse address specified herein, YOUR PROPRRTV. PAY THF .mOC:MFNT. You may have legal rights to prevent your property from being taken away. A la advise you more specifically of these rights, If you wish to exercise your rights, YOU MUS PROMPTLY. OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YO GET FREE LEGAL ADVICE. OOR CAN Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Conunon Pleas of the within COll ty to open the judgment if you have a meritorious defense against the person or company that has e ered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2, After the Sheriffs Sale, you may tile a petition with the Court of Conunon PI as of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3, A petition or petitions raising the legal issues or rights mentioned in the pre ding paragraphs must be presented to the Court of Common Pleas of the within County. The p tition must be served on the attorney for the creditor or on the creditor before presentation to the ourt and a proposed order or rule must be.attached to the petition, If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presenta on to the Court, A copy of the Writ of Execution is attached hereto. SA! S OWER & LINDSAY Res e t II Date: S G\ ~~( By: Matthew ,Eshelman, Esquire ill #72655 2109 Mar t Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, M & T Bank ~ LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly describe in the Deed recorded in the office for recording of deeds in Deed Book Q33, Page 157, and otherwise known as 338 Walton Street, Lemoyne, P A 17043, bounded and describe as follows, to wit: BEGINNING at a point on the southern side of Walton Street three hundred thirty-seven and eight tenths (337.8) feet measured in a westerly direction from Rossmoyne Street (Third Street); thence southwardly along a line parallel with Rossmoyne Street two hundred (200) feet to an iron pin; thence westwardly along land now or formerly of Guy L. Strayer parallel with Walton Street sixty (60) feet to an iron pin; thence northwardly along said Guy L. Strayer's land two hundred (200) feet to an iron pin on the southern side of Walton Street; thence eastwardly along the southern lin of Walton Street sixty (60) feet to a point the Place of Beginning. HAVING thereon erected a dwelling known and numbered as 338 Walton Street Lemoyne, Pennsylvania, BEING THE SAME premises which Esther E. Saylor, widow by Deed dated March 21,1979, and recorded in Cumberland County Record Book I 28, Page 692, granted and conveyed to Philip F. McCracken and Ruth H. McCracken, his wife. And the said Philip F, McCracken died the _ day of , 19_, leaving to survive hi his wife Ruth H. McCracken in whom title vested by virtue of her right of survivorship under operation of law, MANLWACTURERSANDTRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V : NO, 03-3265 CIVIL v, ROSEMARY E. GRANT, Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT WRIT OF EXECUTION NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment a ainst you, It may cause your property to be held or taken to pay the judgment. You may hav legal rights to prevent your property from being taken. A lawyer can advise you more specific lIy of these rights. If you wish to exercise your rights, you must act promptly, The law provides that certain property cannot be taken, Such property is said to be exempt. There is a debtor's exemption of $300, There are other exemptions which ay be applicable to you. Attached is a summary of some of the major exemptions, You ma have other exemptions or other rights, If you have an exemption, you should do the following promptly: (1) Fill 0 t the attached claim form and demand for a prompt hearing, (2) Deliver the form or mail it 0 the Sheriff s Office at the address noted. You should come to court ready to explain your exemption, If you do not come t court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF Y NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH B THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAW IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N,A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V : NO. 03-3265 CIVIL v, ROSEMARY E, GRANT, Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT WRIT OF EXECUTION Commonwealth of Pennsylvania County of Cumberland To the Sheriff of Cumberland County: To satisfy the judgment, interest and costs against ROSEMARY E. GRANT, Defend (I) You are directed to levy upon the property of the Defendant and to se I her interest therein, with specific reference to the real estate at 338 Walton treet, Lemoyne, Cumberland County, Pennsylvania; (2) You are also directed to attach the property of the Defendant not levied u on in the possession of nla , as Garnishees, S eci call describe propertv) and to notify the garnishee that: (a) an attachment has been issued; (b) the Garnishee is enjoined from paying any debt to or for the account f the Defendant and from delivering any property of the Defendant or oth rwise disposing thereof; (3) If property of the Defendant not levied upon and subject to attachment is fo nd in the possession of anyone other than a named Garnishee, you are directed to notify him t at he has been added as a Garnishee and is enjoined as above stated. Amount Due: Interest from July 3,2003, at $5.30 per day: Costs: $25,152.62 (to be added) (to be added) Seal of the Court: Prothonotary LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly describe in the Deed recorded in the office for recording of deeds in Deed Book Q33, Page 157, and otherwise known as 338 Walton Street, Lemoyne, PA 17043, bounded and describe as follows, to wit: BEGINNING at a point on the southem side of Walton Street three hundred thirty-seven and eight tenths (337.8) feet measured in a westerly direction from Rossmoyne Street (Third Street); thence southwardly along a line parallel with Rossmoyne Street two hundred (200) feet to an iron pin; thence westwardly along land now or formerly of Guy 1. Strayer parallel with Walton Street sixty (60) feet to an iron pin; thence northwardly along said Guy 1. Strayer's land two hundred (200) feet to an iron pin on the southern side of Walton Street; thence eastwardly along the southem Iin of Walton Street sixty (60) feet to a point the Place of Beginning. HAVING thereon erected a dwelling known and numbered as 338 Walton Stree , Lemoyne, Pennsylvania. BEING THE SAME premises which Esther E. Saylor, widow by Deed dated March 21, 1979, and recorded in Cumberland County Record Book 128, Page 692, granted and conveyed to Philip F. McCracken and Ruth H. McCracken, his wife. And the said Philip F. McCracken died the _ day of , 19_, leaving to survive h m his wife Ruth H. McCracken in whom title vested by virtue of her right of survivorship under operation oflaw. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption. 2. Bibles, school books, sewing machines, uniforms and equipment. 3. Most wages and unemployment compensation. 4. Social Security benefits. 5. Certain retirement funds and accounts. 6. Certain veteran and armed forces benefits. 7. Certain insurance proceeds. 8. Such other exemptions as may be provided by law. MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to KEYSTONE FINANCIAL BANK, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANrA vs. : NO. 03-3265 CNIL ROSEMARY E. GRANT, Defendant CNIL ACTION - LAW CONFESSION OF JUDGMENT CLAIM FOR EXEMPTION To the Sheriff: I, the above-named Defendant, claim exemption of property from levy or attachment: (I) From my personal property in my possession which has been levied upon, (a) I desire that my $300 statutory exemption be: (i) set aside in kind (specify property to be set aside in kind): (ii) paid in cash following the sale ofthe property levied upon; or (b) I claim the following exemption (specify property and basis of exemption): (2) From my property which is m the possession of a third party, I cia m the following exemptions: (a) my $300 statutory exemption: _ in cash; _ in kind (specify property t be set aside in kind): (b) Social Security benefits on deposit in the amount of $ (c) Other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the eaTIng should be given to me at: (Address) (Telephone Nulnber) 1 verify that the statements made in this Claim for Exemption are true and co ~ect. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S 94904 relating to unsworn falsification to authorities. Date: , Defen .ant THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: ONE COURTHOUSE SQUARE, CARLISLE, PA 17013 r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3265 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff (s) From ROSEMARY E. GRANT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fr paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt (5) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added a a garnishee and is enjoined as above stated. Amount Due $25, 151.62 Interest FROM 7/3/03 AT $5.30 PER DIEM L.L. $.50 Atty's Comm % Atty Paid $37.00 Plaintiff Paid Date: MARCH 10, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name MATTHEW J. ESHELMAN, ESQUIRE Address: 2109 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court 1D No. 72655 Real Estate Sale #83 On March 11, 2004 the sherifflevied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, P A Known and numbered as 338 Walton Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 11,2004 By: lit d~'-:I Jl/vv.1!l Real Estate Deputy [' '~.' l '" ~' J'- ' ~ c::::7\1 ~~:,', ',1 CO',:' r;" ;;~;) ~ ... REAL ESTATE SALE No. 83 Writ No. 2003-3265 , Civil Term Manufacturers and Trade... Trust Co.~ successor by merger to Keystone Financial Bank, N.A. Vs, RIl88mary E. Grant Atty: M~.Eshelman /' DESCRIPTION ~i~ \~.. ALL 1lIAT ~TAINpiece or parcel of land situateiit the Borough of Lemoyne, Counl)' of CUmber18l\dm,d StJlteof i'enn.yll'anm,'more particulady described in the Deell recordOd in the office for recOrding of deeds in Deed Book Q33, Page 157, and otherwise known 338 Walton Street, Lemoyne,PA 17043, bounded and described as fullows, to wit: ' BEGINNING ,at a point on ,the southern side of Walton, ~i!l'el th~ hundle<\ thirty,seven and eight-tenths (337.8) feet measured in a westerly , , direction from Rossmoyne Slreet (Third Street); thence' southwardly along a line parallel with Rossmoyne Street two hundred (200) feet to an iron pin; thence Westwanl1y along land now or formerly of Guy L. Strayer parallel with Walton Street sixl)' (60) feet to an iron pin; thence no;thwanl1y along said G~y L. Strayerfsland two hUndred (200) feet in an'iron pinon ~,sputhern side 'Of Walton Street; thence eastwanj1yiilQng the southern line of Wa\tOIl'Sl!"eets1xty (60) feet to a point the Place of BEGINNING. - HAVlNGi~ ,a dwe11ing known '>!l..... ..: ',. ',:, ...~, and nom ,Jltreet, Lc:moyne, Pennsyl ",- BEING .<;:(:,;';' "' , Saylor, widoW, ~.March 21, 1979, andre<:ordeiJ in ~CoUnty,ReconI Book US; Page 692, granted and conveyed to Philip F. McCracken and Roth R McCracken, his wife. And the ',aid Philip F. McCracken died the __ dayof _, 19_, leaving to sorvive him his wife, Ruth H. McCracken, in whom title vesled by virtue of her right of survivorship under operation oflaw. . REAL ESTATE SALE NO. 83 Wrtt No. 2003-3265 Civil Manufacturers and Traders Trust Co. Successor By Merger To Keystone Financial Bank, N.A. vs. Rosemary E. Grant Atty.: Matthew Eshelman LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Lemoyne. Coun1;Y of Cumberland and State of Pennsylvania, more particu~ larly described in the Deed recorded in the office for recording of deeds in Deed Book \;t,!3. Page 157, and otherwise known as 338 Walton Street. Lemoyne. PA 17043. bound- ed and described as follows, to wit BEGINNING at a pOint on the southern side of Walton Street three hundred thIrty-seven and eight tenths (337.8) feet measured in a westerly direction from Rassmoyne Street (Third Street); thence sout.h~ wardly along a line parallel with Rossmoyne Street two hundred (200) feet to an iron pin; thence west- wardly along land now or formerly of Guy L. Strayer parallel with Walton Street sixty (60l feet to an iron pin: thence northwardly along said Guy L. Strayer's land two hun~ dred (200) feet to an iron pin on the southern side of Walton Street: thence eastwardly along the south~ ern line of Walton Street siXty (60) feet to a point the Place of Begin- ning. HAVING thereon erected a dwell- jng known and numbered as 338 Walton Street, Lemoyne, Pennsyl- vania, BEING THE SAME premises which Esther E. Saylor, widow by Deed dated Marcb 21. 1979. and recorded in Cumberland County Record Book I 28. Page 692. grant- ed and conveyed to Philip F. Mc- Cracken and Ruth H. McCracken. his wife. And the said Philip F. Mc- Crac1cen died L'1= _ day of _' 19_, leaving to survive him his wife Ruth H. McCracken in whom title vested by virtue of her right of survivorship under operation of law. ,