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Home My WebLink About08-0318KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. Q$ - 318 CI\j t Term DAUPHIN OIL COMPANY, INC. MORTGAGE FORECLOSURE Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 Date: January 11, 2008 KEEFER, WOOD, ALLEN & RAHAL By: _ ??7JZ L 0 Eugene E. epinsk , Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. DAUPHIN OIL COMPANY, INC. MORTGAGE FORECLOSURE Defendant NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar Una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a [as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar Una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAIL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 Date: January 11, 2008 KEEFER, WOOD, ALLEN & RAHAL By: Eugene . epinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DAUPHIN OIL COMPANY, INC. CIVIL ACTION - LAW NO. Of-34 Ccu:! Tom...., MORTGAGE FORECLOSURE Defendant COMPLAINT 1. Plaintiff Manufacturers and Traders Trust Company is a New York banking corporation, with an address at 213 Market Street, Harrisburg, Pennsylvania 17101. 2. Defendant Dauphin Oil Company, Inc., whose last known address is P. O. Box 600, Carlisle, Pennsylvania 17013. 3. Defendant is the owner(s) of a tract(s) or parcel(s) of land with buildings and other improvements thereon located at 202 East High Street, Carlisle, Pennsylvania 17013 (the "Premises"). The Premises are more fully described hereinafter. 4. On or about April 27, 2004, Defendants executed an Open-End Mortgage in favor of Plaintiff (the "Mortgage"), which Mortgage was duly recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Book 1863, page 0007. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit A. 5. The failure of the Defendant, among other things, to pay when due and payable the payments under the Note constitutes a "default" as defined under the terms of the Mortgage. 6. The Defendant has failed and refused, among other things, to make payments due and payable under the Note. 7. The terms of the Mortgage provide that upon the occurrence of a default by the Defendant, the Plaintiff may accelerate and demand immediate payment of all sums due under the Mortgage. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 8. The sum presently due and payable to Plaintiff by Defendants which is secured by the Mortgage is computed as follows: a. Unpaid Principal $ 325,000.00 b. Accrued Interest through 12/06/07 $ 23,056.77 C. Late charges through 12/06/07 $ 17,443.84 d. Attorney's Fees $ 18,275.03 TOTAL $ 383,775.64 9. Notice of the availability of mortgage assistance under the Homeowners Emergency Mortgage Disclosure Act of 1993 ("Act 91 ") was not required. 10. Notice of Intention to Foreclose pursuant to Section 403 of Act 6 was not required. WHEREFORE, Plaintiff demands judgment in the sum of $383,775.64, togetherwith interest as may accrue from and after December 7, 2007, and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Premises. KEEFER, WOOD, ALLEN & RAHAL Date: January 11, 2008 By: Eugene E. 06pinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff 01-11-08 02:01PM FROM-Keefer Wood Allen & Rahal 7172558050 T-864 P.006/006 F-795 KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 VERIFICATION The undersigned Walter Leader, hereby verifies and states that: 1. He is Banking Officer of Manufacturers and Traders Trust Company, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. - The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Walter Leader Dated: January // , 2008 Q M& B,k p. ZIEGLER rsrCDRUCR Or DEEDS FF] 2 37 MORTGAGE Pennsylvania I hereby certify that the address of the Mortgagee Is: Manufacturers and Traders Trust Company One M b T Plaza Suffeto, Now York 14240 AManal Counsel's 01806 On behalf of M e Record and Ratum to: MST BANK Collateral and Documentation Department P.O. Box 1388 Buffalo, NY 14240 THIS IS AN OPEN-END MORTGAGE SECURING FUTURE ADVANCES UP TO A MAXIMUM PRINCIPAL AMOUNT OF SS00,000.00 PLUS ACCRUED INTEREST AND OTHER INDEBTEONR'SS AS DeSCRIBED IN 42.PA. C.SA §0143 THIS MORTGAGE, ASSIGNMENT OF LEASES, and SECURITY AGREEMENT (this "Mortgage") dated April 274' 20D4, is made by Dauphin Oil Company, Inc, whose address is 429 South Hanover Street, Carlisle, Pennsylvania 17013 (the "Mortgagor") In favor of MANUFACTURERS AND TRADERS TRUST COMPANY (the 'Bank"), a Now York banking corporation with banking offices at One M lib T Plaza, Buffalo, New York 14240 Attention: Office of General Counsel A, gajlpstlang Smili ft This Mortgage is executed, acknowledged and delivered by the Mortgagor to secure and eriforoe the following obligations and liablittes: 1. Present and Future Obligalons. ANY AND ALL PRESENT AND FUTfJRE OBLIGATIONS AND INDEBTEDNESS OF EERY KIND AND DESCRIPTION OF THE MORTGAGOR TO THE BANK OR ANY AFFILIATE (a4 herein defined), Including 0) all sums due under the Loan Documents (as herein defined) In connection with financial accommodations In the principal amount of up to Five Hundred Thousand Dollars (S500,000.00); and (11) any other Indebtedness and obligations for the payment of money nowexMing or arising In the fu4tre, direct or Indirect, absolute, absolute or contingent (Including those arising by operation of law), due or to become due, contractual or lortious, liquidated or unllgtridated, now or hereafter owing by the Mortgagor or any Obligor to the Bank, or its successors or assigns, or Its Affiliates, whether or not allowed as a claim against the Mortgagor in bankruptcy, all extensions, renewals, reflnencings, modifications and replacements and all interest and related charges, and reinstated Obligations, foss, late fees, wWarhses, attorneys' fees and costs or allocated fees and costs of the Bank's In-house legal counsel, that have been or may hereafter be contracted or Incurred (collecilvely, the "Obilgatlons"); and 2. Performance; Loan Documents. The performance of all of the terns, covenants, conditions, agreements, obligations and liabilities of the Mortgagor or any Obligor under this Mortgage or any and all credit accommodations, loan agreements, notes, gustan6es and any other agreements and documents, GUI-174-PA tdm, . ,9K 18 6 3 Fu Q 0 0 7 •Menumew nNo rewire.1nvmcw .,q. row now or hereafter existing, creating, evidGMAng guerantYfng, securing or relating to any or all of the Obligations, together wllh all amendments, modMlations, substitutions, renewals or extensions theraogall of pie foregoing collectiveiy referred to as the "lean Documents"). The Obggepons secured by this Mortgage were obtained solely for the purpose of carrying on or acquldng a business or commercial Investment and cwt for residentiab consumer or househoJld purposes. If the Obligations are residential, Mortgage consumer os? hold In nature, then the Confession of udgment in Paragraph 4,(3) Is not applicable. This payment of any and all of the Obligations, but the maximum InclP amount of the ? secured, or which by any contingency may be secured hereby, Is the armaxarn t first amoustMW nt above secured, all and If amount of the Obligations outstanding at any time exceeds said not secured oust payments in reduction of the Obligations shall be applied first to such excess oulatan t hereby and Me lien of this Mortgage shag continue until ell Obligations seoured hereby. Including g contingent liabilities, If any, are finally and Irrevocably paid In full. S. As used Nwvln, the following terms shall have the following meanings: 1- Affiliate. The term "Affiliate" means MAT Bank Corporation and any of Its direct and indirect affillales and subsidiaries, 2. Obligor. The term "Obligor" means the Mortgagor and each and every other maker, endorser, guarantor or suns of or for the Obligations, and any otter patty granting a security Interest or other lien or encumbrance on any of Its property to secure the Obligations. If the name of the person(s) or entity(les) inserted In the space at the end of this paragraph Is different from the name of Mortgagor Identified on page one of this Mortgage, then this Mortgage has been granted to the Bank to secure, In part, one or mom guaranties of the following person(s) or entity(les) or the Mortgagor has granted the Mortgage to thelbank to score, In Part. the following parson's or entity's obligations to the Bank without a guaranty, and the km "Oblifice shall also Include the following person(s) or en tfty(lea)_ 3. Uniform Commercial Coda The tern "Uniform Commercial code" means the Unifonn Commercial Code as the same may be In effect In the Commonwealth of Pennsylvania, as amended from time to time, C. -M0L41.NgLSg" To secure the payment and erf mortgages, grants, conveys and assigns to the Bank, and grants to the Dern all k a pen a lien on and a the security Mortgagor inter r eroby all of the lend, buildings, Improvements fixtures, p acs, le est t, contract rights and all of the folkdwln equipment, °A7?enb' right. appurtenances. leases, rents, future time (collective) , the "Mortgaged property, whether Presently In existence or to come Into existence at some y, P?epstiy' ), 1. Rea) Pr»perf,Y, street Address: 202 East High street Munidpagty/County/State: Carlisle Borough, Cumberland County, Pennsylvania Tax Lot and Biook/Narcel ID No.: 03,21-oaf a-w Deed Book Volume 11 S" Bags 3g as more fully described in the apeohed 8chedWe A, together wish all buildings, structures and imProve'ments of every kind erected thereon (pie "Roll Property"); Fixtures; LAsses7 Estates, etc, Ail fixtures, machinery. equipment and other articles of real, personal or mixed property attached to, situate or holeged In or upon, or used In the operation or maintenanoe or, the Real Property or any plant or business situated thereon, whether or not such rear, personal or mixed Property Is or shall be afibtedlo by Reed Property, and all replacements, substitutions, aoareuons and. Proceeds of agreements tote ease all f or (dry' "Pift res ), All leases, licenses, occupancy agreements or any part of the RaW Property and all extensions, renewals. amendments, and ?`" ,r• "" te'a0, OX 1 8 6 3 FG G O 0 8 2. • 14r,A,cp"h stl 7nMf? T,W Cp,pypy. aW ALL TIiAT CERTAJN hum of land situate in the Borough of Carlisle, County of Cumborland and State of Pennsylvania, bounded and described as follows, to wit: BVA3ugNING at the southeast comer of High and Bast Sheets; thence eastward along High Street one hundtrod twenty-one and a half (121 'Ya) feet to the corner of lot now or late of the Bstatc of John R-- Gardner. •doceased; theme southward along the line of said lot one hundred twenty (120) feet more or less, to its southwest corner; thence eastward along said lot thirteen (13) feat to the comer of a lot now or late of John Park, Jr.; thence along said lot southward sixty-one (61) feet to a point; thetace along lot now or late of Mts. Bessie Dtunin westward one hundred thirty-three (133) feet to Past Street; thence northward along East Street one hundred thirty-threc () 33) feet to East Street; thence northward along Bast Street one hundred eighty-one (18 1) feet to the Place ofBEG114NtNG. BENG the same property which Daisy V. Bair, widow, by her Deed dated March 13, 1937, and recorded in Cmbcrlmd County, Pennsylvania Deed Book "S", Volume 11, page 39, granted and conveyed unto Dauphin Oil Company, Ito. T Certify this In Cumberland. r1 ?? 8H 1863PG0023 # OD 00 (J} .?G O v D c~ C(P r . LTI -TI c t SHERIFF'S RETURN - REGULAR CASE NO: 2008-00318 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS DAUPHIN OIL COMPANY INC BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the DAUPHIN OIL COMPANY INC was served upon DEFENDANT , at 1208:00 HOURS, on the 16th day of January , 2008 at CUMBERLAND CO SHERIFF'S OFFICR nNR CnTTPTTTnTT?R gnTTAPP CARLISLE, PA 17013 JW RUTLEDGE, PRESIDENT by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 j2'4 lb V 00 V32.-80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/17/2008 KEEFER WOOD ALLEN RAHAL B Deputy Sheriff A. D. MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff V. DAUPHIN OIL COMPANY, INC. Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-318 Civil Term MORTGAGE FORECLOSURE PRAECIPE Please mark this action settled and discontinued. Date: November 25, 2008 KEEFER, WOOD, ALLEN & RAHAL By: f?? - Eugene E. epinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff C4 { P On '? . rtv,