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HomeMy WebLinkAbout07-2202KAPLIN STEWART MELOFF REITER & STEIN, P.C. By: William J. Levant, Esquire Attorney for Plaintiff I.D. No. 54286 910 Harvest Drive Post Office Box 3037 Blue Bell, PA 19422 (610) 260-6000 Telecopier (610) 684-2020 PRAMCO III, LLC 230 Crosskeys Office Park Fairport, NY 14450 VS. Plaintiff EUGENE J. and LINDI GRIFFITHS 375 Hollowbrook Drive Carlisle, PA 17013 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 01 Z'262,- V, t in MORTGAGE FORECLOSURE by : fe!!! Wi ? vant, RAP STEW?T MELOFF REITER & STEIN, P.C. 10 Harvest Dri Post Office Box 3037 Blue Bell, PA 19422 (610)260-6000 (610)684-2020 - Telecopier Counsel for Plaintiff, Pramco III, LLC KAPLIN STEWART MELOFF REITER & S` MN, P.C. By: William J. Levant, Esquire I.D. No. 54286 910 Harvest Drive Post Office Box 3037 Blue Bell, PA 19422 (610) 260-6000 Telecopier (610) 684-2020 PRAMCO III, LLC 230 Crosskeys Office Park Fairport, NY 14450 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff vs. EUGENE J. and LINDI GRIFFITHS 375 Hollowbrook Drive Carlisle, PA 17013 No. D7 -- o?e?D? ?j Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. Lawyer Referral Service - Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 KAPLIN STEWART MELOFF REITER & STEIN, P.C. By: William J. Levant, Esquire Attorney for Plaintiff I.D. No. 54286 910 Harvest Drive Post Office Box 3037 Blue Bell, PA 19422 (610) 260-6000 Telecopier (610) 684-2020 PRAMCO III, LLC 230 Crosskeys Office Park Fairport, NY 14450 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. No. EUGENE J. and LINDI GRIFFITHS : 375 Hollowbrook Drive Carlisle, PA 17013 Defendants. : COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Pramco III, LLC (the "Plaintiff"), is a Delaware limited liability company, in good standing, with its principal place of business as stated above. 2. The Defendants are adult individuals with last known addresses as stated above. 3. On or about December 30, 1994, Farmers Trust Company; hereinafter, the "Lender") loaned the sum of $50,000.00 (the "Loan"), to Eugene J. Griffiths and Lindi R. Griffiths, personally (the "Borrowers"), who made, executed and delivered to the Lender their Note of even date and in like amount (the "Note"). 4. A true and correct copy of the Note is attached hereto as Exhibit "A". 5. As partial security for repayment of the Loan, as a partial inducement to the Lender to extend it, and in partial consideration of the Lender's decision to do so, the Borrowers contemporaneously made, executed and delivered to the Lender that certain Mortgage (the "Mortgage"), by which the Lender acquired a mortgage lien upon certain real property located at 375 Hollowbrook Drive, Carlisle, PA 17013 in Middlesex Township, Cumberland County, Pennsylvania, owned by the Borrowers, as more fully described therein(the"Premises"). 6. The Mortgage was recorded with the Cumberland County Recorder of Deeds on December 30, 1994, in Mortgage book 1247, page 242. 7. A true and correct copy of the Mortgage is attached hereto as Exhibit "B". 8. A true and correct copy of the legal description of the Premises is attached hereto as Exhibit "C". 9. On December 31, 1998, the Lender, by then known as Financial Trust Company, merged with and into and subsequently operated as part of Keystone Financial Bank, National Association. 10. On October 7, 2000, Keystone Financial Bank, National Association merged with, and into, Manufacturers and Traders Trust Company ("M&T") 11. On October 27, 2005, M&T sold and conveyed the Loan to the Plaintiff. 12. A true and correct copy of a Lost Note Affidavit assigning the Note (at Paragraph 5) to the Plaintiff is attached hereto as Exhibit "D" and incorporated herein by reference. 13. An Assignment of the Mortgage (the "Assignment") was recorded in the aforementioned Recorder's Office on March 3, 2006, in Cumberland County Deed Book 725, page 1023. 14. A true and correct copy of the Assignment is attached hereto as Exhibit "E" and incorporated herein by reference. 15. The Loan has not been further assigned, and the Plaintiff is the current holder thereof. 16. Defendants are(and at all times relevant hereto have been) the real owners of the Premises. 17. By its terms, the Loan is due on demand. 18. By letter dated April 5, 2007, the Plaintiff demanded full payment of the Loan. 19. A true and correct copy of the Plaintiff's demand letter is attached hereto as Exhibit "F" 20. The Defendants failed and/or refused to pay the entire outstanding balance of the Loan upon demand. 21. Act 6 of 1974 (41 P.S. §403, et seq.) does not apply to this matter, and no notice thereunder is required, because the Loan is due upon demand; it has not been accelerated. 22. The Defendants are thus indebted to the Plaintiff under the terms of the Note and Mortgage as follows: Principal Balance $ 16,971.48 Interest through 4/4/2007 3,151.48 Attorneys' Fees (15 % of Principal, per Note) 2.545.72 TOTAL $22,668.68 (Interest will continue to accrue at a per diem rate of $6.72). 23. The Defendants have failed and/or refused to pay the sums set forth in the previous paragraph hereof. 24. All conditions precedent to the commencement of this action, and to the entry of judgment herein have occurred, have been performed, or have been waived. 25. Notice pursuant to Act 91 of 1983 (35 P.S. §1680.401c, et seq.) is not required in this matter, because the loan is due upon demand, and has not been accelerated by reason of any default. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendants, in mortgage foreclosure, in the amount of $22,668.68, plus additional interest, attorneys' fees and costs (including amounts that may be incurred post judgment, upon appropriate application), for the foreclosure and sale of the Premises. REITER & STEIN, P.C. William Counsel EXHIBIT "A" I SEP-25-2001 08:5SAI1 FROM-MAT CCM LOAN 350,000.00 PROMISSORY NOTF_ Debtor c,ugene J. Grifflias 800-260-2443 ..100b 1--1 1 -030 T-581 P.004/005 F-02r Dow Lecemoer bus ly?l It 375 aolloworood: Drive, Carlisle, ra w Debtor T.indl _t. :?rif?: i ?as a 375 z1olloworooac Drive, ?;arllsle , _•s FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND HEREBY, the parson or persons who sign as debtor below (each jointly and severally liable if more than one person and hereinafter referred to as "Debtor, promises to pay to the order of FARMERS TRUST COMPANY, 1 West High Street. P. 0. Box 220, Carlisle, Pa. 17023 ("Lender") at any of Lender's branch offices, the Principal sum of Fj-f'.y z;: ouaond and no c efttae Dollars in lawful money of the United States, to be paid as follows: Gr_ 4je aid, PoeceL.:er bole-., accrued In:el?ri. Lair. zu_?Landlr-,, Inter! from the date of this Nye shall acc//st?,(e o4 thet1npaid PrinCC1D a! ?7n a hgrpo( atttu rat$q} cp Per annula aoove Lace r= -recce rate e3l6rla c 0 -mr- LBT Z IQ, a 3'a gal c:a a and shall be payable mote ,u y as bided. SECURITY INTEREST: A, s•c.M Ia me pmrnpm paymem as e110 when out or all amputees due under and Note, ,nctudng am renewalL eeunpom and/dt mromuwofte n*rtck fogtmer anm JA Oefaer ex.crng and lu(un I,ab illaa and oDb(abe1N bt Debtor. Or arty at fhtrr, to Ithert wheeler absolute or cpn4ni en , of an, name * nattoever and outer whatever DallUCAOM Maine( fluerf5naffer ealeeo.elo referred to u tla'La Waus'1. n axrwn to anyomer secwoy apwaerNa document acre ntteead.r any rat.it.e?r'n'' ?auy or Obbgert f-Da,gbr . 4% "" n.ren, mad daclwCe Debtor and all prier Persians WOr, timer ansolusNy er commatemy. dr, Ing WDAIAM including MOorsers, su m,cs and sarmlorst Properly for me purpose of secYnng dea U40a41.9 OCIAW ecsnoaMa=ps Landers Apr al small arm tunnor ntrepy grants to Lender a ion and aaeu-y ,nferrStan a nd b as properly at Obegor. d My at mom. aomn at any time Lander steels have in in possession, or enlcn Is In tray's 16 It .acN91n111 without IIrArOton any 0e11ACe Of share DM ORIlle W Obtigof, per any Of MOM. 01 ahl depolat aetnCla.1rut4 tferaw a MAK areaorll a aCCWn6 .4n LIn0I/ lAd am Oriel laroJhQ ands may Dt ow.nt neon lima by bone 0, ltpaw to Ooara- of afy of them, Said Len and Secunry Merest snail be m6apendMal M llydb't -VA a set-am, ,teen. ,I raerGSeV lhaN be deemed to occur ar the amt LaMalf ham: it'IV" aeeass of 006W r properly in loh91ars possessor, ahrw..gn stach le, 0 may o- rrve-oo ..pan Ltr4li' #4 asp rWOMS At a later tna_ ?F rt oaa uacac D It cheebe0. Debtor span met this Nose .s a renewal al it* Paypim, q ham OateV tg_. Ana mat wMtner of All 8154,60"1 funds its ade.Anred hena,IR mil Mattis reel mlended to trialt a used, new Oela It Lender was O.M a purchase maws per aner aec.rih antenna try connection with the one, Prboensmy Nate. mat tocurary mnaroae an.a be rttaiMd by team., . rommctum win blue Nod UNCONDITIONAL LtARILITY:Obra/oi s l,aahy shall be unconditional and without legal* to the I.Ab,htl of any arumObl,cot, and Snail not be alf.cttd M an, ,n4ustanee, a awnson of nma, rone.4l +tj~ a madi inban d Mil Nat or thr reLnee. yuOSbfuram end/. POO.bon eI Collateral setur" tot Iles Note. Obbear Consents yes any .no AY utenYon/ al Glee, IonewatL ra,a.en a m id.f.CAnOnt al .011 41110 the rsesak. SYDSbtullr a bau'bae of Obpgaa and/. C011.419" serufoy..,mout Mice to Owggr and wrtnout anecieng 00,gare liability AerwfDot a .nap one L.bteaeS rho mow I. &nMt0 10 the benel b 01 dry roan alr11em"rt3} u.rnty AVOt guerany agJKmM1131. teruhr, AlfetmenUf)a rt'alipite Lll. alluerfmtnnll. AAd/a Other Such IMA dOCUmel,lt (retened to AS 1nt -1.0114 Documents") asu.a in connection wave the W p.fablL wMfner eaaee uled Drtvaeu11ur fa or CaneYfrnrlby ..in. W to be ear"Utad autarad..ant to. that Nod, and an,crl may a arlwnd.d, nadm;.d. ra,__-d or Ssca16utsd wrtheVt anectng all any way Olt -A161y or antaculabp of this NOW EVENTS OF DEFAULT: Earn at she n*ow.ne malt to An 'Event at Detadfr nomunder.. (1) Ole naa0tymrrt Then due. Of If 1114, 11 a demand oahptan, upon demand, of any amount payable no& Ines Note Or of ant aeaoum when due under per on any of me L. allots, or the Ia.lure of An, ObACor to oosen•e or perlonn any i"Mem of Any nature sA800eVer -,In under, inCluOng, out not Irmntd m, Dolt COA01elea m ON L044 DocurMma. TS) .r arty Oor./a beeemel .nsolram or males An uugnment la it* )rnelat of Creeafnn, of if M) Pebbon u Mee Dv or atunst boy Obligor unan An, PlOV44101 Any 31401 a ICON AI law OF statute At"neiteal surla Obligor IS .nSplvene or unable f0 pal de Des 4 mew mMure a under any ofovas,ot O) me Federal 9a"r"ploy Cada-131 tea- wafry at an, fudphane araan9 any OthOar ar any or O"Coes property -rnen romara: . r4&b,ratd faf hnerA 1151 dart- 141 the,aunt of .n, aRacndcnt levy o, g.-awwen, •PJala any Daoperrv Ot araP ODI' let. (SI Ire OQYRN,[f of any suooLna41 mange n the rananeial epno.IAra d MP Obhga wn.en, ,n lrae %OW 8--%"'f-may 10-0 14411 1069 ,Ml ell L-0014 11141-Mlly ad+er fK (6) ma, liar a eta or Su bsaanua ly me at to. alley, Of Change m OwnefsN0. er the d,SSOlubon, h0u1d4totL (Miser. comstaboatcan or rtort3nKApaA Of any Oblalof wn,cn." a Ccabombon a pennenhtp, w,IbOul Inc MPrCS1 Drip wntlen COnat'hl Of Lrnoe,: (n Me death, anearemum of alyludeanen d NtAI MaCOMPnanrb of any Oblgor *no IS A nature! person: fB) per dry ,nfamat"I of LsmalVfe tulye sp.4 b Lenaer by ant Oeellar at any blue at cannacbon .,In Sly of Cho Lrao'MaL a 0 C0MKb0at wen any tu"T, d suety adaaAmMl 4pplac2bre to any of the L,abJ442. a nlsa a Incorrect; or (S) she ta,Alrt Of JAY Obragnr to lithely harnnh to Lender L,ch financial And atho, nlmmaoon as Lander may Stasanaoy rectum or froudL LFROER'S RIGHTS UPON DEFAULT: Notwtmstandng anything to the conlrary connnta Alan or dse.hete, a Dairies IAaI Debbie may Tae requ_-Ied to mate Prane,pal ano/a nwast payments from I.me to IoM. al th.t Nato a parade ,epdn demaA4 Lender may demand payment of an outstancial Pnlecipal she accrued thteffm n any games, -aeuw or net an Event of Delaun toad nave tic ciuned in any MIN, upon Ua rm,rrsnet a ans. bfent of Ddeult teewe may oe any or all of plea Ioaow nA 11I aKlorale We reladnll of Intl Note and coolants Imlr,ed5a01 P407an of ad OuesOndna Prrrulwl and m er.ee merest Decor .peel to pay nuratr at me rate b,"yet" n ma Note on as such sums arntundM "I acuelb rece.ved Pelrnelrl w fuel tha'eol, non it Lenae. hat o0uaw lu15ement arcing oepW thefelae. {:) p.Iswnl to 1714 W41ranl OI Ananel conturtind Mrmn, cOnless )uagment a/a.nst OeCSbr, ar any a Inerh tat taercese Lanaert ragm of Act- Ott and w of the gents. wr••Ieges and reamed." of a secured pan, wear true P•rnnsyr.ame Uafam Commerrw Coat and ad of ,o limbs and remed.ts under any xcumy, agreement P east apAteMnl Als,lyemetat mwtPla. ppwea. tae Noy O• any othaw rail a othw agreement, amsoomaint or a.CUmera 4Xwea n coranocTaan w,th or ar,Sner air or any of the L.abaluet M of ebCte mmedKS >ZNII be cNMvaw- are not etema0va The Act OfIX4002 or any copaterd need q Lwow as Security, la AAV at the UatNaeatS SAAR be ?eplesly test m fM t-POMCS o Under in preparing the c0141tn1 for sale. %Mlaet and Cut f?a tnelud,AL verbosely kfttaWR reanpnabo 1ndr"T'S ?am ano a.peames nevned by Lender finnawf tog Iers And e-tpeMes of any IAgefan incident to any of the foregone]. only second. aft auto older, n Lendef may, h al Stitt is screbort eleeL t. Me complete muatacLain of all of the Uat.huea log~ woM 42 antrotl ther-aet Dorsal wA,yta ono releases any f;Vt at requale Lender u coney any of Me WbapK to tender nom way aMf 4dtorral under Any mo0fy of mannalline of 3e m or nmerwaar, area epaofcany autharafet sane N apply A„y e011e[l1Ai n when Odlga Fuson, f.lmt t•1! Of nleresl rga,Mt My d tree Otllgdr's tdCNlaes b Lttedet A Lt, man Mr coat LM91er mwy determine. (1) Upon I-(S) 914,11 .-den notice to Debtor. b-On Accruing.nteral an addition ante .nteteit provided for wave, 4 any, at a ram ham exceed lour percent 141x1 per nnnum an me unpaid Principal trines, provaaeG. n ...joy. that Martin an A"n acre see nn aundtr we • pew a tray ma,.mum arnpvm a ,h9-1 then .4a..d fy few. DeemOr 4-, __ - b par Lin accrued alitereM JW oematad_ WARRANT Or ATTORNEY: Doter. and eacn or mom at mate Ulan ant, hemp, Irrevocably I.truenu, ono a n any AROrncy or any berA of any coon of record p, norm, . pan or after boa occvrronc, of any EventM D. as ugly. a5 lbecdMd above. to appear lot and CONFESS aUDCMENI ala.mi Oeodr. or any at Inem fa(Ne auen Stems aS are out and/ear may btCOme Ube on the t.aDU.6.,, 411014at lot •n soy 6CO04 of replevin 1490WCCG by L,nOef 05 ODtLn P6"eS%,Oft Clary COnatenl tecurang thaS Nile of tecuAnt SAY of pet Liabilities. in tact Case w to 0/ wrtMYl dKWa4011, caps cdm at "we. w,bous,Ay as uaecutart %Ad with an amount Feel to tatted Imam ;Aacent L)SIAI Of the unpaA principal amount of suen Iwite merR but tea !eu dean one Teo.aacI Dater, It 1.000,001. Weed ter 40Of0o j I coaacuon lent Orbar' 11) w8avtt the oting of Inquv&OOle to ant Ter -tat. lov,Ad on, vaungre, condemns the same, AVCCof4es Ine Prothonealwy a bete, to toter upon fan well of E Inc.400 Said volemuty conceemnuron and allots mat sofa real "tat¦ may Do told on a lent of Execution. G) to the aunt perrr,Aume by law, .atae11 anti releases as let wt troth pew app. AnemehL slay, earfnpncn or aalpeal laws of any seats now ,n ?pace at hereafter e"creo: And (3) Itfeasel as marsn such brbcadenga it a c.tier of this rote. vtr,hed by affidavit by or On Dente of Lander snail Rabe own bid n such act.de. 4 tnan not D a necesulA to IJe pee piooa) Note 4 a warrant at AnorM a. The 3umh6raly and Do o, to 3PpsA, to and enter 1, atriums aegaIrr,t Debtor snail feel tie exhausted by Me.Mba. er tret"e thereat, and am 344ne may be uarcAm. If am bare to same, at ofette ad Lender shall deem neemsary Ana amraDae, and fr,s Note ana4 oa a s,lt.ueni N arum inereldre. Lender MeI enter ism or more ludgmanls'n Me,ame at donerent countae11 for a4 or pans amt Wbd.bes. wlthaut rte4[d to wneagner juagrMrt nM bca.n ente,ece On more tan ant occasion for Inc UAW USb,ft.K th 1M e.et,t shy rudiment on14reo agT.ASI Oebal ntfeunOcl is itl.chen or opened upon aepl.cilan or be on Dtpta'c beanan for any reason w118150tvH. Ltnotr as AereCy authorized and entgo-aid 9 ags.n a )Pear tar and Confess ivov amt against Debtor or any at :hem. supfem M+e.er. b the limitation that &UM sleDe4g6em entry a eAmes of judgment by Lancer may an:, be cane to cute .toy, tnors n price dfotttantIL 0 ply and to the etlerat mat such errors are wtejarl M cuts an Ole later proceedings. THE PROVISIONS ON THE REVERSE '-IDE ARE PART OF THIS NOTE. Debtor has duly executed j ore the day and year first above written and nas hereunto set Debtor's hand and seal. gteDtvlDU•l DEBrORM SIGN BELOW7 (CORPORATION OR PARTNEAShtP DEBTORM SIGN BELOW) e (SEX) cue,ena J. vri.f=Stns - -z;o=cyailes me o con a rmenhip ISEW (BEAU acageLe J, arifzlLfts, owner -"? me aria ter (SEW IsEW •cttt rCbRPORATE SEAU Na 4t and 8 \NCON Su MCR FORM PA 170C 11163e s 1 9ALS OANCONSUMEN SERVICL INC 5EP-25-2001 08:51'AM FROM-MAT COM LOAN ?tEPAVUENTS:unlessa Ww.sebeltedla,nw.rmneorDeotar,mrsNettme,beprepwo.n.noror.np)rr. At an, I'm a.thaut Penalty. HA-a.ef. J Out Pr-pal of me ,ore 4 lopayaDN in inatanments. an) loon Plepaymainit aaa at aCtr•ite lust oaKfueO .ntetltl Ia IM data or prepaymMl ana tnen an ocr"m at me last lemain.ne unpaso ?f.ncipal payment W accomet out. and tna number of inltionNms out neraYn0cf 1na4 be crurnponomy, rcOucefl he 3 iCn prepgmeMS knoll It/0uca tit amounts at (na tcheduted rrstanmenu not rmcve Dexter nom panne a zheouleo a staamem On eocn ene#meekI payment dale ..nit all PratC.Pal due I0e4lhal ..m OCC Uefl ~agn: thef4M MS been pad n lull. IS ISOUISSINENT Of PROCEEDS: Each Ceol& -error reptncnri ones walrants to Lanorr rrlat tic PlincipM a lefts NOW w,a W Ysee =WN fa business tar camme(C.41 pWDOWS and agietS that any Q.sollrselnenP at ma PrIROPM Of tykes hM. a Sake Paben tnaf4o4. to any one or mere 36tuoll. shall canel.U.al, rota df*melt to CaiIDWle tltaOYrsfAiete w sate PnAetpal :J 4" to, me peneA of an Otoors RIGRT 10 COn?L[TE ROM' 1Fiflef nay at any rime into ream time to Uma. a,maut n01iCe to any ODtitbt III data tn.s NOW 43 of ink Care when flat laafl htOenCOO ntrtby .as made. U1 c8m0lthe and C"AL ,p.cai arcaa't to tn. wn'h upon .i.ch Ltftdtl nos emitted such matt. ana III couta dta it/iarura .f one a mad P0261111 90 be .*tied .1 aOal,ertal Dealers .4noul.n an, +ay rn.ctNy or l.m.one tr.a'."ty or IM fanany DDattrs to Lander MISCELLANEOUS: Oebw lured, waives Drotest. nobca of ptormL presentment. o.mOne, notice of e„nonor .no Oemom) Deolor f Idly wm,os and raJoasas aft errors detects ana .moerlte'bans n any ptoceeaint 800-260-2443 T-581 P-005/005 F-027 '"'muted p) under times in* teems ot Pill MOIL 0,1,01 4p4ts to it,mbakV LenOe, 10, Nl Casts. Yeclud'Re cook ants ).tot /aalanabW alfltTey"s Ito of 15% (but m M e.Ynt ILO dun $1.000) a me IoM scau.ml o,.e be"CWdtr- .-curled by Lamest et CoamCt On wAh me collection :10) cllfareanlanl Mrodl 11 tn., hole beers interest at a rkete oafco on me relerence late flesitnated by tenor' or moon nom time to time aI me Prime Roe. Base Rate. at Mhef Mtt, at the D,tcautu Raw .a alfttl Uom hme lotion as tit 41 ma Fooalal R".e Bank .d .hou O.lmet the URO& a I0e4fed. Caane?s,a !M rake a ki-IMS1 hClean s11eR Deanne atlachW on atedak, on+n.c" sue- rtlertncs late cnantel ar 1441 ftc Graf RoS4fe4 Bank announces rhantct tke ib D,lcoum pair, ae apal.came 1114 ''eons and Perv.14e611 of canoe, .roe, min how ,Rill 41.1a to the Delimit M.ri luccucaa, •IW w ,ant. Ake iniesentalim, w3rranbes and atreeftwis or Dbl,tar made.- eaMacual .dn this vote snap O,no 00wt W%ortat rlpHennl-pet. tiers. tuccbcran and awgl 0 ant Pro+.non 01 ma Note th6h w am ,run D. natd to Da inwl.d of ww1orceaole. ,..cn ev booty Of unenlaet4bddy URN not data lay aln.f pr-Aan netroi 044 m:, has snake De coottruea at.f such n a,d of untnldfca,ala ploe.sioh halt new# been m ua.r.ed Dtre.n Tne.r.er al dry E•cntof DNa,rt of Pte iMWlt N leRflel toutKM M, tielke of ftmgy 0 ait may a enburd tram Rol be oeemea a va.wr or any sYoudYent E,en, a W-un or of Lancers rtnt m es1014 Mat Of any our' WI a 1`411-!01 to w1Kn Leaflet .a antiaed The NSW not been aea.tleo W and ac.:epw Ih tenoet.n alto inin Do eevolnap D, the n_t of the Cum.tWn+.Mth of PMrtsylyanta. YRint Feac"i la,. omere.Pa abplA The Perim: +tr+a to tn. into ctown of the teotret and hale Ce,.fts IaCW4 M Pe ,ns,iwn.e in eanoutema .C0) any inane a,vne ntieanotr- mch,amt the COIICCUon and enlouemenc ne dot "You are &ivine earmers Trust company a security inzerest in your neme at: 373 dollowbrooic Drive, Carlisle, 2a 17015 14iddlesex Xw-p. Cumoerland Counzy Deed recorded in Deed 3ook I-31 page 1041 Eugene J. urjeflths iindl A. L;riffizhs December jJ, 1j94 OAPIC0049UMER MOM PA 170 (Rev- 121a5) EXHIBIT "B" REAL ESTATE MORTGAGE INDENTURE, made this 30th day opecelloer 1994d between , by Lu6eoe J. :,riffitus and Lindi A. ar!. fiths (nu30and do wife} (MORTGAGORS) and FARMERS TRUST COMPANY, a Pennsylvania Corporation (MORTGAGEE) noz 220, 1 AeSL cii.n Street, Oarlisle, to ,Pennsylvania MORTGAGORS, on this date, have executed a note by the terms of which MORTGAGORS have become indebted to MORTGAGEE in the sum of $ 50, 000.00 Dollars to be paid, including interest as specHied therein, until the entire sum is paid in full. This mortgage and the lien thereof shall be security for this debt and for any and all bans that may be made by MORTGAGEE to MORTGAGORS at any future time; provided. however, that ai no time shall the sum of the unpaid balances of the present debt and all subsequent loans exceed in the aggregate an unpaid face amount of $ 53, 000. JO MORTGAGORS covenant and warrant that MORTGAGORS have full lee simple title to the mortgaged premises hereinafter described, that MORTGAGORS will pay the above mentioned debt as required by the said note, and any future bans as required: that the buildings on the premises shall be kept Insured against loss by fire for the benefit of MORTGAGEE, In companies and amounts satisfactory to the MORTGAGEE, with a standard mortgagee clause; and MORTGAGORS will pay any tax, assessment or other governmental charge, including water and sewer rents, assessed against or imposed upon the said premises, and will deliver to MORTGAGEE, receipts therefore Immediately upon demand. Upon nonpayment by MORTGAGORS, the entire balance of the aforesaid debt shall become due and payable, at the option of MORTGAGEE, as provided in the note. In the event that MORTGAGEE retains an attorney to institute an action on the said note or to foreclose on this Mortgage, then MORTGAGORS shall pay, in addition to the balance due on the said note, including interest, it any, an attorney's collection fee of 15 percent of the full amount then due and costs of suit; and in the event that MORTGAGEE obtains a judgment against MORTGAGORS in the suit on the said note or on this Mortgage, and thereafter issues a writ of execution or other appropriate writ on said judgment, then MORTGAGORS hereby waive all rights and benefits under any and all taws or rules of court now or hereafter in effect granling or permitting any exemption or stay of execution against the mortgaged premises or any other property whatsoever, and any such judgement shall bear interest a1 the applicable rate until the full amount due MORTGAGEE is actually paid, by the Sheriff or otherwise. NOW THEREFORE, MORTGAGORS, in consideration of the said debt, and to secure payment thereof, hereby grant, bargain and sell to MORTGAGEE ALL THAT CERTAIN tract or parcel of land situate in the County of Quill D9 r1arid Commonwealth of Pennsylvania, more particularly described in the Deed recorded in the office for recording of deeds in Deed Book No. 2-31 Page 1041 C0 c? "and otherwise known as 375 iiollowbrooic Drive, Carlisle Pa 17313 c? Middlesex Twp. n s ? r• TOGETHER with the buildings, improvements. rights privileges, hereditaments and appurlena arthe relver- o stns, remainders, rents, issues and profits thereof. o ; TO HAVE AND TO HOLD the said premises unto MORTGAGEE forever. 10 c, PROVIDED, nevertheless. that if MORTGAGORS shall pay to MORTGAGEE the entire debt as herd nbefpiei forth, then the estate hereby granted shall cease, determine and become void. u+ T IN WITNESS WHEREOF the said MORTGAGORS have hereunto set hands and seals the day and year first above written. Signed sealed and delivered in the presence of: c- (SEAL) r fi n (SEAL) i..ndl x, vrl iitn COMMONWEALTH OF PENNSYLVANIA - - vLLmoerland __SS COUNTY OF On the 30th day of December • 1994 before me, personally appeared on the 3ugene J. Sri fiths Lindi R. 3rif£itins above named and and in due form of law acknowledged the above INDENTURE OF MORTGAGE to be their o"? free and voluntary 1 and deed;-and.desired that it be recorded as such. WITNESS my hand and seal the day and year aforesaid Y r.? The address of the within-named Mortgagee is ?- °-x•r ; a_ Farmers Trust Company d?l sebf 1 West High Street Nola Penny L Crawhrd, NolarjPubllc P.O. Box 220 IPA 7 Nonh Middleton . Cumberland county 99e Carlisle, PA 17013 600K 1?A ! PAS( 242 MY Commission Ex as March r6, 1 on behalf of MORTGAGEE Mer bw P>rmsN,a*Assodalia,orN.W. VFnnsylvani' 1 Cumberland SS ir, the office for the recording of Deee d jgfborland County, $oc Vol- Page his Lm of office ?,1'? day of ? r r EXHIBIT "C" AIL x'HAT CERtAM piece or parcel of land situate in Addlesex Township, tterlmd Chmty, Penmsylvm-dA, bounded and described as follow, to wit- BEGMING at an iron pin on the northern dedicated right--of-way line of Hollow Brook Drive, said point being on the dividing line between Lots Nos. 3 and 4 on the herein- after mentioned Plan of Lots; thence along said dividing line North fro degrees 37 minutes 34 seconds 41est, one thousand foux hundred forty-eight and forty tw ndredths (1,448.40) feet to an iron pin; thence North 21 degrees 47 mini.ntes 30 seconds West, four htax}red suite and ninety-nine hundredths (409.99) feet to an iron pin on the dividing line betwml Lots Nos, 3 and 2 on,the hereinafter mentioned Platt of mots; thence aloe; said dividing line South 64 degrees 15 rdnates 28 seconds East, one thousand seven hluuired forty- nine and thirteen hundredths (1,749.13) feet to an iron pin an the northern dedicated right-of--why line of Hollow Brook Drive; thence almg the nort.h7= dedicated right-of- way line of Hollow Brook (hive South 25 dea?7 22 minutes 26 seconds West, two lnmdred sixty-seven and fifty hundredths (267.50)1 to K iron pin on the dividing line between _ Lots Nos. 3 and 4 on the hereinafter nc:titioned Plan of lAts, the place of ?GINi,VI,N,G• corder of Deeds Office in Plan Book 45, Page 8. BETW part of the same premises which Smaiel M. Zeigler by deed dated Anril 23, 1980 and recorded in the Cumberland County fl2corder of. needs Office in Deed book Volta' 28, Page 925, granted and ccxnveyed unto John M, Ynaub and Janet D. Knaub, his wife, the Gtantcns herein. EXHIBIT "D" LOST NOTE AFFIDAVIT STATE OF NEW YORK COUNTY OF MONROE The undersigned, a duly authorized agent of MANUFACTURERS AND TRADERS TRUST COMPANY ("Bank"). having been duly sworn, deposes and says: That Bank is the lawful owner and holder of that certain Promissory Note executed by Eugene J. Griffiths and Lindi R. Griffiths on December 30, 1994. in the original principal sum of $50,000.00, payable to the order of Farmers Trust Company ("Note"). 2. That a copy of the Note attached as Exhibit "A" shall be used in lieu of execution and issuance of a new or duplicate promissory note. 3. That Bank has been unable to locate the Note after a diligent search and believes that the note has been lost, mislaid, inadvertently destroyed or stolen. 4. That this Affidavit is made for the purpose of inducing PRAMCO III, LLC ("Purchaser") to purchase Bank's right, title and interest to the Note and become holder thereof, the Bank hereby agreeing immediately to surrender the Note to Purchaser at any time hereafter should it come into the possession or control of Bank. 5. The Note, together with all renewals, extension and modifications, if any, is transferred as is, where is, with all faults and without recourse and without any representations or warranties of any kind, whether express or implied, oral or written, except as provided in that certain Asset Sale Agreement dated October 19, 2005. Executed as of the 27`h day of October, 2005. MANUFACTURERS AND TRADERS TRUST COMPANY, as successor in interest to Farmers Tnist Company By: L-- Timothy P. Sheehan Authorized Agent On the I Le day of January. 2006- before me, the undersigned, personally appeared Timothy P. Sheehan, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual. or the person upon behalf of which the individual acted, executed the instrument. / Notary Public ALISON LEE H TCHINGS SA\LOANS'.Company 5 41 54 2 500 1 6\Lost Noce Affidavit and Assign ment.doc Notary Public, State Of New York Monroe County commission Expires February 20, 20 rl) EXHIBIT "E" (,oil I " I This instrument prepared by and aRer recording, return to: Pramco 1111, LLC 6894 Pittsford-Palmyra Rd. 200 CrossKeys Office Park, Suite 230 Fairport, New York 14450 Parcel Identification No.: 21-05-0431-033 :71. Z Gi.E ER O? p. ?OQ6 ?iAfl 3 A? 1 i 08 ASSIGNMENT OF NOTE. MORTGAGE AND OTHER RECORDED DOCUMENTS Assignor: Ivlanufacturers and Traders Trust Company One Fountain Plaza, Buffalo, NY 14203 Assignee: Pramco III, LLC 6894 Pittsford-Palmyra Rd., 200 CrossKeys Office Park, Ste, 230, Fairport, NY 14450 Property Address: 375 flollowbrook Drive, Carlisle, PA 17013, Middlesex Township, Cumberland County, PA 5Jox 7/`_ AGE I.O ? This instrument prepared by and after recording, return to: Pramco III, LLC 6894 Pittsford-Palmyra Road 200 CrossKeys Office Park, Suite 230 Fairport, NY 14450 ASSIGNMENT OF NOTE, MORTGAGE AND OTHER LOAN DOCUMENTS THIS ASSIGNMENT OF NOTE, MORTGAGE AND OTHER LOAN DOCUMENTS (this "Assignment") is made by MANUFACTURE RS AND TRADERS TRUST COibIPANY, for itself and its predecessors in interest, whose address is One Fountain Plaza, Buffalo. New York 14203-1495 ("Assignor"), to PRAMCO 111, LLC, whose address is 6894 Pittsford-Palmyra Road. 200 CrossKeys Office Park, Suite 230, Fairport, New York 14450 ("Assignee"), pursuant to the terms of that certain Asset Sale Agreement dated October 19, 2005 (the "Sale Agreement") between Assignor and Assignee. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Sale Agreement. THIS ASSIGNMENT WITNESSES THAT, in consideration of Ten Dollars ($10.00) and other good and valuable consideration paid by Assignee, Assignor hereby assigns, transfers, sets over and conveys, effective as of October 27, 2005, to Assignee and its successors and assigns, without recourse and without representation or warranty, whether express, implied or created by operation of law, except as expressly set forth in the Sale Agreement, the following: That certain Real Estate Mortgage dated December 30, 1994, by Eugene J. Griffiths and Lindi R. Griffiths, to and for the benefit of Farmers Trust Company, recorded December 30, 1994 in Book 1247, Page 242, of the public records of Cumberland County, Pennsylvania (the "Mortgage"), which Nfortgage secures that certain Promissory Note, dated December 30, 1994, naming Eugene J. Griffiths and Lindi R. Griffiths, as Obligors, together with any and all assignments thereto and modifications thereof (the 'Note"), together with such other documents, agreements, instruments and other collateral that evidence, secure or otherwise relate to Assignor's right, title or interest in and to the Mortgage and/or the Note, including without limitation the title insurance policies and hazard insurance policies that might presently be in effect. The Real Property or its address is commonly known as 375 Hollowbrook Drive, Carlisle, PA 17013, Middlesex Township. Cumberland County, and has a Parcel Identification Number of 21-05-0431-033. SALOANSICompany 54?54250016\Assignrnent of Note, Mongage and Other Loan Documents.doc no'- 72.5 pn[ 1()?2)4 THIS ASSIGNMENT FURTHER WITNESSES THAT Assignor hereby conveys and quitclaims to Assignee any and all right and interest it might have in the Mortgage, Note and other loan documents referenced above, and in the underlying loan and hereby joins in the conveyance of the Mortgage, Note, loan documents and loan to Assignee, without recourse and without representation or warranty, whether express, implied or created by operation of law, except as expressly set forth in the Sale Agreement. fi 1 WITNESS WHEREOF, Assignor has caused this Assignment to be executed and delivered by its duly authorized agent as of the 27th day of October, 2005. iMANUFACTURERS AND TRADERS TRUST "I?&- i COMPANY, as successor to Farmers Trust Company, as Assignor By: ?.- Timothy P. Sheehan Its Authorized Agent ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF MONROE )SS.: 14 On the al day of February, 2006, before me, the undersigned, personally appeared Timothy P. Sheehan. personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity. and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 1.Q/ia0. -A . 0 /ten a, Notary Public LAURA A. SEIDMAN Certificate of Residence Notary Public, State of New York Qualified in Monroe Cpunty Commission Expires: WO (o 1 hereby certify, that the precise address of the Assignee, Pramco 111. LLC, herein is as follows: 6894 Pittsford-Palmyra Road, 200 CrossKeys Office Park, Suite 230, F ' on. New York 14450. By: - othy P. Sheehan ' :1 + t P L Its Authorized Re r rl- Prarttat[tl l'? l, . ,' S:\LOANS'.Company 54\542500I6\Assignmcnt of Note, Mortgage and Other Loan Documents doc ?oox '22-5 P- c EXHIBIT "F" Kaplin Stewart Attorneys at Law William J. Levant Direct Dial: (610) 941-2474 Direct Fax: (610) 684-2020 Email: wlevant@kaplaw.com www.kaplaw.com April 5, 2007 Eugene J. Griffiths 375 Hollowbrook Drive Carlisle, PA 17013 Lindi R. Griffiths 375 Hollowbrook Drive Carlisle, PA 17013 RE: Prameo III, LLC v. Eugene & Lindi Griffiths Loan No. 54250016 DEMAND for PAYMENT in FULL Dear Obligors: We represent Pramco III, LLC, which is now the holder of the above-referenced obligation (the "Loan"). By its terms, the obligation is due upon demand. PRAMCO III, LLC HEREBY DEMANDS IMMEDIATE PAYMENT OF THE LOAN IN FULL, AS FOLLOWS: Principal balance $ 16,971.48 Accrued Interest to April 4, 2007 3,151.48 Attorneys fees (15% of Principal, per Note) 2,545.72 TOTAL $ 22,668.68 (Interest continues to accrue at the current per diem rate of $6.72). Your payment should be directed to the attention of Lisa Eilertsen, Account Representative, at the following address: PRAMCO III, LLC (54250016) 230 Crosskeys Office Park Fairport, NY 14450 If this obligation remains unpaid ten days from the date of this letter, 1 expect that my client will instruct me to begin suit against you to collect the outstanding balance due, together with all attorneys' fees and costs incurred in so doing, to the maximum extent allowed by law. I would therefore suggest that you give this matter your immediate and undivided attention. Kaplin Stewart Meloff Reiter & Stein, PC Officer uc Union \4eetin, Corporate Center PennsyK'ania 910 Han-est Drive, P.O. Box 3037 New lersev Blue [cell. PA 19412-0765 Ud Ul '60-6000 tel KMC/6611/94!984906_104/05/200712: 26 PM Eugene J. Griffiths Lindi R. Griffiths April 5, 2007 Page 2 You may reach Ms. Eilertsen at (585)377-2810, extension 316 if you wish to propose payment arrangements, or to otherwise discuss the matter. Sincerely, EITER & STEIN, P.C. WJL:kmc KMC/6611/94/984906 1 04/05/2007 12 26 PM U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps or meter postage and post mark. MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, Inquire of Postmaster for DOES NOT PROVIDE FOR INSURANCE-POSTMASTER current fee. Received From: William J. Levant, Esquire Kaplin Stewart Meloff Reiter & Stein, P.C. Union Meeting Corporate Center 910 Harvest Drive P.O. Box 3037 Blue Bell, PA 19422-0765 One piece of ordinary mail addressed to: + 1? HaAlrer s o /1 Eugene J. Griffiths Q1\1 r ' l??lT C 375 Hollowbrook Driv6 v Carlisle, PA 17013 Oa Y7.i3r. j 3 N N D?C N 31 C C . r a a M 1 6611-94(kmc) PS Form 3817, Mar. 1989 * U.S. GPO: 1989-242-531/05281 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps or k . meter postage and postmar MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, Inquire of Postmaster for DOES NOT PROVIDE FOR INSURANCE-POSTMASTER current fee. Received From: ` -° - William J. Levant, Esquire Kaplin Stewart Meloff Reiter & Stein, P.C. Union Meeting Corporate Center 910 Harvest Drive L P.O. Box 3037 Blue Bell, PA 19422-0765 One piece of ordinary mail addressed to: h Lindi R. Griffiths ; d S HaAler ? 375 Hollowbrook Drive Carlisle, PA 17013 ni 4T C d o c? '0 .n A N 0 3 uQi ?°C3'I = a m N 6611-94(kmc) PS Form 3817, Mar. 1989 U.S. GPO: 1989-242-531/05281 VERIFICATION TIMOTHY P. SHEEHAN, under penalties of 18 Pa. C.S. §4904, pertaining to unworn falsification to authorities, states : • I am an Authorized Representative of the Plaintiff; • as such I am authorized to give this verification on the Plaintiff's behalf, • I have responsibility for collection of the mortgage account herein at issue; and • the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, based in part upon a review of the Plaintiff's regularly-maintained business records. PRAMCO III, LLC By TIMOTHY P. SHEEHAN, Authorized Representative `c d 1? OV) SHERIFF'S RETURN - REGULAR A 1 CASE NO: 2007-62202 P COMMONWEALTH O PENNSYLVANIA: COUNTY OF CUMBERLAND PRAMCO III LLC GRIFFITHS EUGENE J ET AL SHANNON SHERTZE , Sheriff or Deputy Sheriff of Cumberland Coun y,Pennsylvania, who being duly sworn according to law, says, the withi COMPLAINT - MORT FORE was served upon GRIFFITHS EUGEN J the DEFENDANT at CUMBERLAND at 0914:00 HOURS, on the 2nd day of May 2007 SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 g1vI X8.00 Sworn and Subscib d to before me this of GREG KATSHIR, ATTORNEY FOR DEFENDANT a true and attes ed copy of COMPLAINT - MORT FORE day So Answers: !F, R. Thomas Kline 05/03/2007 KAPLIN STEWART MELOFF REITER By: qL ? Deputy S-A r i f f A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02202 P COMMONWEALTH O PENNSYLVANIA: COUNTY OF CUMBERLAND PRAMCO III LLC GRIFFITHS EUGENE J ET AL SHANNON SHERTZE , Sheriff or Deputy Sheriff of Cumberland Coun y,Pennsylvania, who being duly sworn according to law, says, the withi COMPLAINT - MORT FORE was served upon GRIFFITHS LINDI the DEFENDANT at CUMBERLAND CC at 0914:00 HOURS, on the 2nd day of May 2007 SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to GREG KATSHIR, AT ORNEY FOR DEFENDANT a true and attes ed copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge S/Zq10 I Sworn and Subsci before me this of So Answers: 6.00 ? J ' .00 .00 10.00 R. Thomas Kline { .00 16.00 05/03/2007 KAPLIN STEWART MELOFF REIT d' to By: 4"', 1 , day Deputy Sh iff A. D. KAPLIN STEWART MELOFF REITER & STEIN, P.C. By: William J. Levant, Esquire Attorneys for Plaintiff Parker V. Sherry, Esquire I.D. Nos. 54286, 203572 910 Harvest Drive Post Office Box 3037 Blue Bell, PA 19422 (610) 260-6000 Telecopier (610) 684-2020 PRAMCO III, LLC COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA vs. EUGENE J. and LINDI GRIFFITHS Defendants. Civil Action No. 07-2202 PRAECIPE to MARK CASE "SETTLED, DISCONTINUED and ENDED" Kindly mark the within case "Settled, Discontinued and Ended". STEWAW MELOFF REITER & STEIN, P.C. By Date: November ?, 2007 William J. Counsel for Plaintiff PVS/6611/94/1125208 1 11/08/2007 02:08 PM ? ? m? ? ? ??° ? ? . .. . _ hr '?" ? ? ? * W ??'?