HomeMy WebLinkAbout08-2196KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By: William J. Levant, Esquire (ID No. 54286)
910 Harvest Drive
Post Office Box 3037 Attorneys for Plaintiff
Blue Bell, PA 19422
(610) 260-6000 / Telecopier (610)684-2020
PRAMCO III, LLC
230 Crosskeys Office Park
Fairport, NY 14450
Plaintiff
VS.
SAMUEL A. CALAMAN
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 08- a(gtp 3"a lern
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
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
I.D. No. 54286
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422
610/260-6000 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC ;
230 Crosskeys Office Park :
Fairport, NY 14450
Plaintiff
VS.
SAMUEL A. CALAMAN
individually and trading as ;
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
COMPLAINT in MORTGAGE FORECLOSURE
1. Plaintiff is a Delaware limited liability company, in good standing, with a place of
business as stated above.
2. Defendants are adult individuals, believed to be husband and wife, with a last-
known address as stated above.
3. On or about May 1, 2001, Allfirst Bank (at the time, a Maryland-chartered banking
corporation; hereinafter, the "Lender") granted Defendant Samuel Calaman (the "Borrower")
a business line of credit, in the maximum principal amount of $25,000.00 (the "Loan").
4. To evidence the indebtedness represented by the Loan, the Borrower
contemporaneously made, executed and delivered to the Lender his Business Home Equity Line
Note of even date and in like amount (the "Note").
5. A true and correct copy of the Note is attached hereto as Exhibit "A".
6. As partial security for repayment of the Loan, as partial consideration for the
Lender's decision to extend it, and as a partial inducement for the Lender to do so, the Defendants
made, executed and delivered a Mortgage (the "Mortgage"), upon certain real property owned
by them, located in West Pennsboro Township, and known as 456 Mount Rock Road, as more
particularly described therein (the "Premises").
7. A true and correct copy of the Mortgage is attached hereto as Exhibit "B".
8. The Mortgage was recorded with the Cumberland County Recorder of Deeds on
May 22, 2001, in Book 1708, page 311.
9. A legal description of the Premises is attached hereto as Exhibit "C".
10. Thereafter, the Loan fell into default.
11. On July 15, 2002, the Defendants and the Lender entered into a Forbearance and
Modification Agreement (the "Forbearance Agreement"), by which certain terms of the Loan
were modified as more particularly set forth therein.
12. A true and correct copy of the Forbearance Agreement is attached hereto as Exhibit
«D»
13. As set forth in Paragraph 3(a)(i) of the Forbearance Agreement, the entire then-
outstanding balance of the Loan became due and payable in full on June 15, 2005.
14. The Defendants failed to pay the entire outstanding balance of the Loan on June 15,
2005, and are thus in default under the terms of the Forbearance Agreement and the Note.
15. On April 1, 2003, the Lender merged with and into Manufacturers' and Traders'
Trust Company (11M&T").
16. On October 27, 2005, M&T sold and assigned the Loan to the Plaintiff.
17. A true and correct copy of a Lost Note Affidavit assigning the Note to the Plaintiff,
so dated, is attached hereto as Exhibit "E".
18. An Assignment of the Mortgage to the Plaintiff (the "Mortgage Assignment") was
recorded in Cumberland County on December 7, 2007, as instrument number 200745541.
19. A true and correct copy of the Mortgage Assignment is attached hereto as Exhibit
«F»
20. Notice pursuant to Act 6 of 1974 is not required in this matter, because the Loan
has matured by its terms; it has not been accelerated.
21. The Defendants are thus indebted to the Plaintiff under the terms of the Note and
Mortgage as follows:
Principal Balance $16,322.35
Interest to February 8, 2008 4,719.53
Late Charges 816.12
Attorneys' Fees (15% of Principal and
Interest, per Forbearance Agreement) 3.156.28
TOTAL $25,014.28
(Interest will continue to accrue at a per diem default rate of $4.76).
22. The Defendants have failed to pay the sums set forth in the previous paragraph
hereof.
23. Notice pursuant to Act 91 of 1983 (35 P.S. §1680.401c, et seq.) is not required in
this matter because the Loan has matured by its terms; it has not been accelerated, and because
the Premises are subject to more than two mortgages.
24. All conditions precedent to the commencement of this suit, and the entry of
judgment in it have occurred, have been performed, or have been waived.
WHEREFORE, Plaintiff demands an in rem judgment in its favor and against Defendants
in the amount of Twenty-Five Thousand Fourteen Dollars and 28 cents, plus additional interest,
expenses incurred post judgment in to preserve the Premises (upon application), other allowable
charges, and costs, for the foreclosure and sale of the Premises.
STEW OFF REI R & STEIN, P.C.
Date : April 4, 2008
?,?,?j A
BUSINESS IIONIE EQUITY LINE
S 31,000.11(1 Pork Pcnnsylyania ?Lil i nr nl
(City) (State) -; --'
FOR VALUE RECEIVED, lire undersigned (" Bonuwer") promises to pay to the order of Allfnrst Bank, a Nin"31and stafe-ehrulcrud commie-eial bail/ ("Dank"), at Bank's
olliecs al 1123 N. Geo, ge Shoal, 1'or k, Peursyivnnin 17404, or at steel, other place as the holder of this Note may from lime to lime designate. [lie principal sum of'fhirr One•
'thousand and (1011 Oil Dui lass (531,000.00) (the"Maximum Line of Credit Amount"), or such other amounl s es may be advanced from lime in time to Borrower, togdlx with
interest Iltereon at the site or rates herealler specified and any and all other stuns which may be owing to Bank by Borrower pursuant to [his Note. The following leans shall npply'
to Ibis Nutc.
1. LINE OF CREDrf. Subject Io the continued compliance of Borrower with the terms ofllhis Note and all other accompanying loan documents and file continued abseno:
of any dcdanit by Bonover or ally Other ON Igor (as hereinafter defined) hereunder and txrouhder. Bank may advance to Borrower, for use by Borrower as heresddcr provided.
such sours ns Borrower may request, but which shall not exceed in a'. aggregate al any one first, ouLaanding fire above-slated Maximum Line of Credil Amount. Borrower strait
not request any advance of proceeds hereunder which exceeds Ilse Maximum Line of Credit Amount or which would cause fix aggregate amount of advances made nixi
otw landing hereunder to exceed the Ma xinmm Lire of Credil Antolini- Even if the aggregnte amounl of advances made and outstanding hereunder shall of any time and fin anw
reason exceed the Maximum Line of Credit A,nount, Borrower shall nevertheless be liable for file entire amount outstanding with interest lhcreou. and Borrower shall be
responsible for ot><emmnce of performance of and compliance with all of the Icons, cover ants and provisions of fhis Note and other loan docunteols. Within such limilatios and
Subject to all of (lie Icmsa and conditions set forth herein and in the other accompanying loan documents. Borrower cony borrow, repay and reborrow funds hereunder in
accordance with the terms and conditions of Ihis Note and the other loan documents. Bank shall make all advances by depositing funds in Bonover's commercial clicking
account number H or such Bank accost as cony he agreed upon`by Burrower and Bank. Borrower Shall use the proceeds advanced under Ihis Note only for its working capital
needs.
2. INTER F,S'f. Front the date hereof until all sums due hereunder, including principal, interest, charges, fees and expenses are paid in full, Ilse principal amount outstanding
from line to lime pursuant to this Note shall bear interest at a flucluating rate equal to 0 % per annum above the "Prime Rate" (as hereafter defined) as it may vary from time to
lime. I he "Prime Rate" means if.. highest prime rate (the base rate of interest of corporate loans posted by at least 75%of the naliois 30 largest banks), as precenlly published bw
The Will Street Journal (Eastern Edition) under (lie heading or column entitled "Money Rates" or in a fidure subsfifule heading, column or subheading published by The Wall
Sheet Journal. Charges in the interest rate shall be onside when sited as charges in the Prince Rate occur. Ii-The Wall Street Journal ceases to publish the Prime Rate, then the Prime
Rale most recently published will continue to be live Ptime Rate until Bank selects and notifies Borrower of a new Prirne Rate. Dank will select the new Prince Rate in it.. sole
discretion and in compliance with all applicable laws.
3. REPAYMENT. Bovoe•cr shelilnake paynants of principal and interest in accordance with die following terns: (n) Principal: ALL SLIMS OUTSTANDING UNDER
'THIS NOTE ARE IMMEDIATELY DUE IN FULL UPON THE FIRST 'f0 OCCUR OF: (i) THE DEMAND OF THE HOLDER OF THIS NOTE. WHICH DEMAND
MAY BE MADE AT ANY TIME AND FOR ANY REASON, IN THE SOLE AND ABSOLLrrE DISCRETION OF THE HOLDER OF THIS NOTE; OR (i)'f11F
OCCURRENCE OF ANY DEFAULT TINDER THE TERMS OF THIS NOTE. (b),hferesC Borrower shall make payments fall acrnxd and unpaid interest on (ht, 250, dal
of each successive month, beginning on May 25,2001_-d coitinuing until all sunny out. trinding hereunder are paid in full.
Borrower nay prepay this Note in whole or in part at any time or front little to time without premium or additional inferesl. Any prepaynenl rifle principal balance orfhis Now
shall be applied to the outstanding principal balance oft his Note in the inverse order of scheduled maturities. All payments mnde pursuant to this Nble shall be applied first 1,
accrrxd and unpaid interest, then to unpaid expenses and charges payable hcreunder, and then to principal, or in such orier order or proportion as fire holder, in five bolder's sole
discretion, may elect front lime to line.
4 LATE PAYMENT CHARGE. If any payment due hereunder (including any payment in whole or in part of principal) is not received by the bolder within fifteen (152
calendar days after its due date, Borrower shall pay a We payment charge equal to five percent (51/6) of file amount then due.
5. SECURITY. sums due under this Note are secured by, and Borrower giants to Bank a security interest in, all deposits and property of Borrower now or at any fihnc
herealler in the possession of or on deposit with Bank %vhelhcr as custodian or depository or in any other capacity, In addition, this Note is secured by suv property described as
collateral in any security agreement, nmtgage, deed of trust, plcdgc agreement or other document previously, simultaneously, or herealler entered into by Borrower in mm-lien.
with any obligation or liability of Borrovcr to Bank or any corporate affiliate of Bmdc, under or in eoaxcfiom will, this Note, and alt rte--Is, rcr rings, --(cnsions
substitutions, amenrhncnls mid modifications thereof, such other security documents. This Note specifically incorporates by reference, as if fully set forth herein, all of 0x
language and pn uvisions of the security doanmahts described above. As used in this Note. (he terns "Other Obligor" menns any person or entity other than Borrower that is now or
hereafter liable, directly, contingently or otherwise, upon or in connection with any of the ONligations or that has granted any lien or security interest to or for the benefit of Ban)
to secure ant' of the Obligations, including- but not limited to, any guaranfor, surely, endorser, or co-maker of-any of the Obligations.
6. CONFESSION OF JUDGMENT. Borrower irrevocahly and uncondiliomafly authorizes and cutpowers any attorney admitted to practice before any wall
of record in If,,, United Stages to appear ml, behalf of Borrower fn any coat in one or more proceedings, or before any clerk thereof or prothonotary or other courI
official, and to appear I*, confess and ertrr judgnncut. against Doi fever if my finre upon and after file occurrence of :sir), defardt hereunder, i0h averment of
default, 1011 or milhout complaint filed, and without prior notice to mr opporimiify of Borrower for prior hearing, fn favor of the holder of this Note and Secm'ih
Agreement Nn Ilne full anhmnif Of fhc brdebted-as cV'ider,ce,I try Tills Note and Sccut fly Agreenhet (niclndnlg principal, accrued interest and any and all charges, fc es
and expenses) plus court costs, plus alfurneJ's' fees equal to filleeu potent (15%) of Ilse unpaid balance of principal, interest, charges, and other sums due or which
nay bernne due hereunder, slid, release of all errors and without right of appeal. In addition In tell other courts In which judgment may be eo messed against
13or,'ov'er rspun this Noll, and Security Agreonot, Burron'cr agrees that vane and jurisdiction shall be properly in the eou(s of any count) or cily of U"
Cmm..irnnvcalif, of 1'onsyh'ahia or ill the Uui(cd Stacks Disfrict Court for the Middle Disf.id of l erinsy-lv:nda. Ban owl,r wah'rs fire benefit of any unit eml, slalnfr.
ordinance, or title of foil rl, whether non' is force of hereuner ensiled, which mat. lie. lawfull}waived cenfcr ring upon Borrower nay right or privilege of excurpfion.
Is -(cad rights, nppmaisonent, 3by of execu(ion or snpplemeulan proceedings, orother relief Gorr the enforcement or inunedin(e cnforccnrenl of n judgmevil us
I related proceedings on a judgment. (To the extetf. prohibited by applicable law, ally judgment obtained by confession shit not constitute a lien oho ally real properf)
located in Peunsyivaiia which is file r sidence or silly fiurrowl,r.) Tire aufhoriry and power to appear for and enter judgment against lurrower shall not b,
-Ilausled by one or more exercises thereof, or by any imperfect exec rise thereof, and shall not be extinguished by any iudgmcmt entered pursued thereto; S.O.
anfhorily and power man' be exercised of. mile or more occasions from tittle to (line, in the same or difTerenl jurisdictions, ns often is five holder shall deenh neressan
m advisable. BORROWER HEREBY ACKNOWLEDGES THAT 'FILE CONFESSION OF JUDGMENT PROVISIONS HEREIN CONTAINED WHICII
APFTC'f AND WAIVE CERTAIN LEGAL HIG1rfS OF BORROWER HAVE 11EEN IIL'AD, UNDERSTOOD AND VOLUNTARILY AGREED 10 B
BURROWER-
RFPRESENTATIONS AND WARRANTIES. Dorro.ver (and if more than one Borrower, each Bunower) represents and warrant.s to Bank that d re following. statenenl.
are 1-rue, correct and complete as of jbe dale hereo, , it is duly organized and in good standing under die law: fie state in which it is organized; (b) it has fill power and
oulboruy to execute, deliver and perfornt (his Nole; (c) neither such execution, delivery oud perforrimuce, nor compliance by it Willi the provisions of thus Note will conflict wi(l) m
result in a breach or violation of its organizational documents, or any judgment, order, regulation, ruling or law to which it is subject or any contract or agreemcl to which it is a
party or to which any of its assets and propcAim are subject; (d) this Note constitutes its legal, valid and binding obligation enforceable in accordance with its Wms; (e) there is it.,
litigation or proceeding pending or, to the knowledge of its representative signing this Note on its behalf, llvealened against or affecting it which might materially adversely allfect
its business, financial condition or operations or its ability to perfomn and comply with this Note; (f) till financial statements and information fumislwd or to be furnished to Drill,
hereunder have been and will lx Prepared in accordance with generally templed accounting principles and fairly present its financial condition as of the data thereof mid the
results of its operations for the period coveted thereby; (g) it is not in violation of any applicable federal, slate or local law, statute, tide, regulation or ordinance and has tint
received ally notice nor is the subject of any investigalion Ill the effect that its operations are rot in material compliance with any such law, statute, tide, regulation or ordinanm
including, without limitation, applicable c ivirrnanenlal, health and safety laws and regulations; (h) since September 2, 1974, no pension, employee benefit, multi-employer, profit
sharing, savings, clock hontis or other deferred compensation plan ("Plan") maintained by it or any trade or business group with which it is affiliated subject to the requirentents of
Ibe Employee Retirement income Security Act of 1974 ("ERISA") has been lerndnated, no lien Axhsts against BmTawer in favor of the Pension Bencfui Guaranty Corpuralim
(113GC"), and no "reportable event" (as such lean is defined in ERISA) has occurred with respect to any such Plan, and Borrower has not incurred any "accumulated fundinl
deficiency" within the meaning of ERISA or any liability to the PBGC iu cotaccliun with any Plan; and (i) no information, exliibil, report. slalement, certificate or document
lihnished by Borrower or oily other person to Bank in conuccliun with the Obligations, this Note or the negotiation !hereof, contains any material mjsstafemenl of fad or omitted
to stale a malcrial fact or any fact necessary to make the statements contained herein or therein not misleading.
8. DEFAULT. Any of Ibe following will be a default under this Note: (a) failure to pay any principal, expense, fee, .barge or interest when due, or failure to perform any otbei
obligations hereunder; (b) a default by any Borrower upon any of the existing or fi lure, obligations or.uy BORON., to Bank; (c) a default by any oibe Obligor upon any or a.,
exisling or fill,.. obligations of any Olher Obligor to Dank; (d) a default by any Bunowcr under, or breach of any provision or wmatily of, ibis Note, any other agreement.
instrument or document in connection with any of the Obligations, or any other agreencnl, instrument, or document between any Borrower or othe Other Obligor and Dank, of
any cup-lt, afliliale 0f Bank, whether previously. simultaneously. or berm Rer entered into; (e) a material adverse change in the financial condition of any Borrower or Other
Obligor toms that cyxessed in [tie financial slatement. most recently subrnitlcd to Dark prior to the date of this Note, as determined in good faith by Bank in its sole discretion; (1)
institution of bankruptcy, insolvency, reorganization or receivership proceedings by or agninsl any Borrower or Other Obligor in any stale or federal tour(; (g) the appoinluteul of
a receiver, assignee. custodian, trustee or similar ollicial under any federal or stale iuunh ency or creditors' rights lair far any property of any Borrower or Other- Obligor, (b)
failme of any Borrower or Other Obligor to furnish to Back suds collateral of additional collateral as Bank may in good Faith request; (i) any warranty, representation. m
slatenett to Bank by or on hchalf of nny Borrower or Other Obligor proving to have been incorrect in any nIDterial respect when made or furnished; (j) the occurrence of am'
event .which i, or would 1. with the passage of line or the giving of nulice or both, a default under any indebtedness of any Borrower or Other Obligor to arty person other than
Bank; (k) any material loss, ([tell or substantial damage, mot fully insured for the benefit of Dank, to any of the acsels orally Borrower or Other Obligor, or the transfer, lease w
encumbrance or other disposition oftill or nny n ilerial pat of the assets of any Borrower or Other Obligor other than in the ordinary course of hosium of the Borrower or 00he,
Obligor; (1) Ibe enhy of any final judgment against any Burrower or Other Obligor for lbe payment of money in excess of $5,000.00; (ill) Ibe levy upon or atUcluneut of mn
assets orally Bon-over or Other Obligor; (n) file recordation of any federal, slate or local tax lien againsl any Borrower or Other Obligor, (o) a change of ownership or dissolution.
mIDnger, cunsnlidation. liquidation or reorganization of any Borrower or Other Obligor which is a corporation, pa tnembip or other legal entity; (P) the death of cry Borrower Qt
Ollicr Obligor who is a manual person; (it) failure of any Dorrohver or Other Obligor to furnish to Bank such financial information as Balk may require from little to line; (r) IN
determination in good faith by Bank, in its sole discretion, that the ability of any Burrower or Other Obligor to pay or perform any of their respective obligations to Bank i::
impaired for any reason.
9. REMEDIES.
9.1 Specific Rights and Remedies Upon a default, in addition to all other rights and remedies available to the bolder of this Note under any other document or agreement between
Borrower and Baulk or under applicable Inw, the holder of this Note, in the holder's sole discretion and without notice m demand, may: (a) raise the rate of interest acmuing an the
unpaid balance due uudu this Note by two percent (20,16) percentage points above the rate of interest other-wise applicable, independent of whether tie holder of this Note elects Ii%
accelerate the unpaid Principal balance as a result of such default; and (b) declare the entire unpaid principal balance plus accrued juterest and all other sums due hereunde,
hmmedialOy due and payable; Borrower agrees [flat a default under this Note is a default by Borrower under all other liabilities and obligations of Borrower to tic holder, and Idol
the hold,, shall have (lie right Ill declare immediately due and payable all of such otter liabilities and obligations.
9.2 Costs of Collection. Upon the occurrence of any default, Bank shall be entitled to recover front Borrower reasonable attorneys' fees of any attorney who is 1101 a salaried
employee of tic holder of this Note (to the extent not prohibited by lams), plus court costs and other expenses which nnay be incurred by Batik in the edoreennent or attempted
enforcement of its rights hereunder, whether against any third party, Borrower, or ally Olher Obligor. Expenses recoverable front Borrower shall (to tic extent not prohibited b,
law) include cost of collection, including lien, judgoeut, and other record searches, salaries, out-of-pocket travel, living expenses and (lie hiring of agents, consultants, appraisers,
accountants, or olhe-is.. All sums of money thus expended, and all other monies expended by Dank to protect its interest in any collateral (including insurance, tuxes m rcpain;
shall be repayable by Borrower to Batik on demand, such repaynint to be secured as provided in Paragraph 5 hereof.
10. RIGI I"f OF DANK 10 ACT WITH RESPECT TO 0 FHER OBLIGORS AND A14Y COLLATERAL; WAIVERS BY BORROWER. Borrower hereby assents l). an.
and all (eons and agreements between Bade and any Other Obligor, and all amendments aid modifications thereof, whither presently existing or hereafter made and whether oral
or in writing. Bank may, without compromising, impairing, diminishing, or in airy way releasing Borrower from the Obligations and without notifying m obtaining rte prior
approval of Bonmyer, at any time or Dorn tittle to lime: (a) waive or excuse any default by any Other Obligor. or delay in the exercise by Bank orally or all of Bank's rigi6 nil
remedies with respecl to such default; (b) grant extensions urtium for payment or performance by any Oil- Obligor, (c) release, ahbmiolq exdu Inge, surrender, or add collateral
of any Other Obligor, or waive, release, or subordinate, in w101e or in part, air), lien or security interest held by Batik un any real or personal property securing payment m
perfomtarcc, in whole or in pan, of the obligations of any Other Obligor; (d) release any Other Obligor; (e) apply payaueuts made by any Other Obligor, to any srnus owed by an.
Other Obligor to Bad:, in any order or manner, or to any spe6fic acconnl or accouots, as Bank may elect; and (Q nodify, change, renew, extend, or amend, in any respect, Bank's
agree scot with any Other Obligor, or ai)' document, instnnuert, or writing, embodying. or reflecting the same. Borrower waives: (a) any and all notices whatsoever with respecl)
to this Note Or with lespect to any critic obligations of any Other Obligor to Ba> , including but not limited to notice of (i) Bank's acceptance hereof or Bank's iulerlion to act, oh
Rank's action. in reliance hereon; (it) the present exisnehce or future metimug of any of the obligatie s of ally Other Obligor to Batik or any terms or amounts thereof or nni
ch:mgc therein; (iii) any dclauh by any Other Obligor; and (iv) fie obtaining or release of ally guaranty or surety agreement, pledge, assignment or other security for arty of it,,
obligations of any Olher Obligor to Bank; (b) presentncnl and demand for payuiul of any sum due front any Other Obligor and protest of nonpayment; and (e) demand lob
performance of airy Odin Obligor.
11. WAIVERS; EXTENSIONS OF MATURITY. Borrower, and all parties to this Note, whether inaker, endorser, or guarantor, waive presentment, demand, notice of
dishonor and Protest, and agree that the malwity of this Note, or any payment due hereunder, may be extended at any time or front time to lime witioul releasing, discharging, a
affecting the liability of such party.
12. JOINT AND SEVERAL LIABILITY. If more than one person or entity is executing this Note as a Borrower, all liabilities under this Note shall be joint std several with
respect to each of such persons or entities.
13. BINDING NATURE; INVALIDITY OF ANY PART. This Note shall inure to tie benefil of and be enforceable by Batik and Batik's successors and assigns and any olhe.
Person to whore Bank nay grant a interest in Borrower's obligations 1. Bank, and shell be binding and enforceable against Borrower and Borrower's Personal representatives.
successors and assign, If any provision or part of ary provision of this Note shall for any reason be held invalid illegal or unenforceable in any respect, such invalidity, illegalit
or+-menlorccabilitydiall not affect lily other pmvis A(his Note, and this Note stud) be coosinoed as if suco im illegal or unenforceable provision ur part (hereof had nevch
iv_eo contained herein, but only to the extent of its invalidity, illegality or unetforceabihiy.
14. MA,UMUIvI RATE OF INTEREST; COMMERCIAL LOAN. Notwilhslmuling any provision of this Note to the contrary, Borrower shall not be obligated to pay interest
hercuudcr in excess of ahe maximum rate of interest permitted by the laws of any stale delennined to govern this Note or the laws oldie United Sinles applicable to longs in such
state. If any provision of this Note shall ever be construed to require life payment ofany ariounl of interest in excess of that pemnitted try applicable larr, their the interest to be paid
hereunder shall be held subject to redution to the amount allowed under applicable law, and any sums paid in excess of the interest rate allowed by law shall be applied in
redutliun of the principal balance outstanding under this Note. Borrower acknowledges foal it has been contemplated at all tinm by Borrower that the laws of the Conmonveanb
of Pennsyh'ania,will govern the maximum rate of interest that it is pemnicsible for the holder of this Note to charge Borrower under Ibis Note. BotTOwer warrants that this Nolc
evidences a loan made solely toacquire an interest ill or carry on a business or co imercial enterprise.
15, CHOICE, OF LAW; CONSENT OF VENUE AND JURISDICTION. This Nole shall be governed, constroed and interpreted in accordance with the laws of ibc
Conmoonveaith of Pe nsyl-nil ever if the Pennrylvania roles governing conflicts of laws would olbenvise require that the laws of another jurisdiction govern this Noic.
Borrower consents to fire jurisdiction and venue of the courts of any county or city in the Coimoomvealtb of Pennsylvania or to (lie jurisdiction and venue of lbe United Stnlcr
District Cna t for [lie Middle District of Pennsylvania in zloy action of-judicial proceeding brought to enforce, constme or interpret this Note. Any acliun brought by Bomowrt
against Bank which is based, direetly or indirectly, or in whole or in pmt, upon this Note or any matter related to this Note shall be brought only in the courts of the
Commonwealth of Pennsylvania. -
16. UNC'ONDI'TIONAL OBLIGATIONS. Borrowerk obliga(ions under this Note shall be the absolute and unconditional duty nod ohligalioo mf Bt-Over and shall be
independent of any rights of set-of recoupment or countechaim which Borrower might otherwise have against the holder of this Note and Borrower shall pay absolutely the
paymonls of principal, interest, charges, fees and expenses required hereunder, rice of mry deductions and without abatement, diminution or set-off.
17. WAIVE:l1 01" JURY 'TRIAL. Borrnwo" (try esecutinn of Ihis No(e) and Il:urk (try .-pfmae mr this Note) agree that any suit, action or proceeding, w'hethrr
claim or counterclaim, brought or instituted by Run-mrer or Ranch or with respect to this Note or which in tiny way relates, directly or indirectly, to the obligations of
Ilurroner to Rank miller this Note or the dealings of the parties with respect thereto, shall be tried only by n court and nof,by a jury. BORROWER AND BANE:
RERERY EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH SUIT, ACTION, Olt PROCEEDING. Borrower and Bank acknowledge and
a?rec that. this pruvisimn is a specific and roofer in] aspect of the ngreenent beWeen file parties and that Bank svmdd not enter into the transaction with Borrower If
this provision were not a pall of their agreement _
IN WII"NESS WHEREOF. and inlending to be legally bond hereby. the undersigned execules this Note under seat, as Borrower, as of the date first wtillen above.
WI'INESS OR A !TEST:
WI "!NESS:
1 jerakc)(m)
(Signature) UU
BO ?WER:
BY 9--'=1 11 _; c y!..,._ (SEAT.)
f dray-
(Print Na le)
Samuel A. Calaman, Individually, and Trading as Calaman's Lawn
Service; a Pennsylvania Sole Proprietorship
(Print Name)
Address: 456 Mount Rock Rood
Nemille, Pennsylvania 17241
Telephone Number: (717) 776-2326
Social Security No: 17-3547713
Exhlbi4 'B?
jv ,e? le-
41'A Cumberland County, PA s39. So
OPE -END RTGAGE
THIS MORTGAGE SECURES FUTURE ADVANCES
THIS OPEN-END MORTGAGE ("Mortgage") is made as of n?y -- Anil I Juanita 1;. Calaman "M • ?511[J? by and between Samuel A. Calaman and
( ortgagoe), whose address is 456 Mount Ro Road, Newville, Pennsylvania 17241 and A1lflrst Bank, a Maryland
state-chartered commercial bank ("Mortgagee"), whose address is 1123 N. George Street, York, Pennsylvania 17404.
U&U"-
Mortgagee has agreed to extend credit to Samuel A Calaman indivldnally, and Trading as Calaman's lawn Service, a Sole
rtetorsWp, oT the Commonwealth at Penns gmally stated priwrtta! amount of Thirty One Thousand and
P 0/OW O l)otlats (531,000.00) ("Loan") as evidenced?an8a ("??) in tin on ' d M
teresi hY Ps Y note executed an delivered to ortgagee ("Note") in the aforementioned
0?' m8 bolt noteted to the Obligations evr byg the No1e' by the execution hereof all of the Obligations (as hereinafter
The maxuntnn principal amount secured by this Mortgage, at any one time, shall not exceed Thirty One Thousand and 00/100 Dollars
(531,000.00).
As used in this Mortgage, the term "Obli tions
Borrower to Mortgagee under any and alr exists
variety evidencing, securing, guaranteeing or oU
limited to, promissory notes' g ties loan agr
both now existing and her+eatte?r pr end
(? Documents") includng but not lint to:
allpt pi-I, interest, and other charges and fees;
ts. ir?cludin, but not limited to, tike rap
time to tune purtuan to or under authorizations c
fees, comrrtissions and expenses of Mortgagee in
such surns may exceed the face amount of the t
observance and performance of all of the term cc
all existing and future duties
d cum ng Ne terms instrumen ants i
sums now or hereafter du
sutras now or hereafter du
Mortgagva a or in any oot tha,
rovisions of the Loin Do(
ove-stated principal sum;
ow and provisions of this
or
or relating to
on
or and/or
type and
ut not
not limited to
of the costs,
to the extent
us and strict
NOW, nIEREFORE in consideration of these
hereby acknowledged; and to secwe the full ses other good and valuable consideration, the receipt and sutliciency of which are
asst transfers and caiv to Mor?ya ell those lots osyment and performance of each of the Obligations, Mort?a?or grants, pl es,
Pennry3vsnia, and ??wn as d56 Mount Rock R Nowdvpj Pupdg n West Pennsborn Township, Zumberland C ty
made a part hereof (collectively, "Land"). d' partitailarly described on Exhibit A attached hereto ink
TOGETHER WrM Land (ovemernts The Lsnd ? ?v meen7s lleectiivvcly?calloddtthe Re 1 PifPropc?tty or hereafter existing on or to be erected upon the
AND TOGETHER WITH all plant, equipment a tus machia ,fittings. appliances furniture, foist fixtures and other chattels and
I' rial
r propeyrty aynd r pe lacements theroo owned by Hior ' ?w or at any time Hereafter atl'ixed or a to i rated in, laced
bpoway of examp a ttandsodn? con o wi the current or tore utilization enjoyment, accupatioa, or o trop of the
y tint all U v air condi uic g
plumbing fixhjres_arid ccluip }en? water ? Dower sgvs?es?lnait'n entiaatut?aa:_^ __ ??$c inctouating, sprinkling, laund?iv. tittin?nd
ducts, con - -'- -•r»?i•+++?+u, ten , uariarormers, motors, tanks; electrical ecliupimt,'elescalI4 ' O1cabineters or units,
as nt1 boil and' boards, storm and screen windows and doors, pictures sculptures, awnings and tors' Partitions
Real =sue con*uchon materials and supplies of every Yiad, nature and &ic-;ption owned gins and shrubbery, as welt
yet incorporated into any building, structure, or improvement by Mortgagor and located on, at or about the ether or
not Real ?, which are intended to be used for the purpose of erect' provement, or located elsewhere and not as yet delivered to the
improvement on the Real p? including by way of example and not renov
byway of lint ,
improvement all steel, iron, concrete, sheet rock and plaster
tale and otlur floor and vO cpovecings roof andgoof ' w00d and pf0d? ' gl? ??• mortar masonry pi s wiring' linoleum and
teria declares to be fixtures and petmaneit additionnss to the Rc?m s, miming and molding (collectvely, t'Personalfy" ajl of which Mortgagor
wIperty.
tuvu r V(i>?
ts WTfH alt plans and specifications surrveys and stove oYs reports, ngi en sneer's and architects r
all licntses,w
rm R h
pei and approvals and applications Ihenetor from governcpental service contracts, books, ms and drawings,
reco mvces, a orders correspondpice, dtagreriu die , accounting
maters sand the tikes' ?v wrttgs> scematics, sales and ppromotioiusl littirature arty foreportsms, advertising
ver located and whenever create, compiled, or made with respect to the Real Property or the Personalty.
AND TOGETHER WITH all easements, rights, privileges, and appurtenances thereunto belonging or in any way apprtenant, and all of the
right, title, interest, estate, or claim of Mortgagor in or to the streets, ways. alleys, and waters adjoining or adjacent to theuReal Property, whether
lt
now exrstmg or ereatter acquired
wh?etheer orrrnotextracted from Le.WWnghts, and mining rights, as well as all minerals, sand, gravel, soil and the like (including oil and gas)
AND TOGETHER Wffi-I all rights, benefits, Rrofits, and monies payable under, b reason o==and to an
??`of, with the emen t ts tlicab7le to the Real or adjouting lands or contracts f axle with
covenants
thereof, ,
re to all proceeds any restrictive and products
? ri?ploe mod the release, t cation, ) or collect amendm any ent aunts o monthereof, forey at c antionnttot6obl Mons iuw u? of stied rights and benefits, including
AAID D TO collect the same which may be available to for under law. (b) utilize any collection or enforcement rights or
time by Mort f2ER WrM a security interest which is hereby lamed to M ee in all amounts that ma be p wing y an time and from time to
by MoigaLee, to Mortgagor in any capacity, including, lwt n
other ot );rrutto, any balance or share belonging account vn°rtgagee• Mortgagor of any deposit or
VS-0200A. P"pN, I
ecu417Q8 earl: .31-1
Cumberland County, PA S39. S0
OPEN-END MORTGAGE
THIS MORTGAGE SECURES FUTURE ADVANCES
THIS OPEN-END MORTGAGE ("Mortgage") is made as of
Juanita L Calaman ("Mortgagor"), whose address is 456 Mount Roc Road, Newvflle Pensy?jva is 17241 and lfirsteB nk, alMarylnd
state-chartered commercial bank ("Mortgagee"), whose address is 1123 N. George Street, York, Pennsylvania 17404.
RECITALS
Mortgagee has ap??? to extend credit to Samuel A Cslama individually' and Trading as Calaman's Lawn Service, a Sole
, of the Commonwealth of Penns Ivania "Bono n,
00/100 ktorship Dollars (?31+ppp pp) ("Loan"), as evidences (") in the originally stated principal amount of Thirty One Thousand and
3er byaaggaPmssory not executed and delivered to Mortgagee ('TTote")
Proppr in the aforementioned n to by defined,in cluding bu nolimi to the Obligationsrievidenced byrth?e Note' the execution hereof, all of the Obligations (as hereinafter
Ile 1, ?u)m principal amount secured by this Mortgage, ai any one time, shall not exceed Thirty One Thousand and 001100 Dollars
As used in this Mortgage, the tern "Obli tons" means all existing and future duties of paym Borrower to Mortgagee under any and alt existing or future agreements, instruments, doe ttsstm and
wriitiggso every ind,Mnature, ttrypae and
variety to evidencing, ' guaranteeinlg or otherwise documenting the terms and conditions of, or relating to the Loan including, but not
to, promissory notes, gerties, can ee
agrments, security agreements, assignments pl, e a
both now existing and hereatter eexecuted and all renewals, 0ns
refmartct agreements, and hypothecation agreements
("Loan Documents") including but not limited to: a any and all sums now or herea8ersdt ed, amendments and modifications thereof'
Documents 'in t wing on the Note, including but not limited to
all princep? interest, and other charges and fees; ?b? an and all sums now or hereafter due and o under this llortgage and any other Loan
uding, but not limited to, the r of all sums advanced, to be advan
time to time pursuant to or under authorizationscoritained in this Mort oriichY be advanced by Mortgagee from
observ
fees, commissions and excises of Mortgagee in enforcing the provisions of the Loan D?ociu its ? thus M?tgage aevenrif andltoftheeez?ent'
such sums may exceed tTie face amount of the Note and the above-stated principal sum; and (c) the timely, complete continuous and strict
ance and performance of all of the teams, covenants, conditions and provisions of this Mortgage and the other Loan >?ocuments.
NOW THEREFORE in consideration of these premises and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and to secure the full and absolute
assigns transfers and conv s to M604 If Yment a°d performance of each of the Obligations, MortCgoy grants, pledges,
m
a??ee all those lots o ground situated and lying in West Pennsboro Township, timberland County
Pennsil, ade a v part he and commo y known as X56 Mount Rock Rd Newville, PA and more particularly described on E?chibit A attached hereto aria
made a part hereof (collectively, "Land"). '
TOGETHER WITH all buildings, structures or improvements, and replacements thereof, now or hereafter
Land ("Improvements")_ The Land and Improvements are collectively called the "Real Property." existing on or to be erected upon the
AND TOGETHER WITH all plant, equipment, apparatus, machinery fittings, appliances, furniture , furnishi fixtures and
personal property and replacements thereof owned by Mort or and now or at any time hereafter affixed or a ched to inco ora o ed ?,tis
and
upon, or many way used in connection wit?r the current or fp
by way of example and not by way of limitation, all li a utilization enjoyment, nccupnii g, or operation of the Meal Prrperty lalaced
ding
p umb .g fixtures and egiripmenf, water and Po ? > heatingg, ventila au conditioning memerat' inc and
prevention and fire extingur co
ship
d loading and unloading equipment, buQ.elar aTarmsand aunty systems,
communication systems and
g systems an equipment, ngines, boilers, ranges, refrigerators, stoves, furnaces, oil bprnt
ducts, mic sons, switchboard starmt, dynamos, transformers, motors, tanks, electrical m
units,
and screen windows and doors ictures scut tures awwnnint' eandasha de; signs and?b , y; as ors
corn , all 1 ng and construction materials and sup lies of every kind, rates and description owned signs Y• ?
whether or not yet incorporated into
R? bu anbuilding, structure, or improvement, ?' Mortgagor and located on, at
or about the
Real Proppy which are intended to be used the or located elsewhere and not as yet delivered to the
for
improvement on the Real Property, i to ben purpose of erecting, renovatingg,restoring, or repairing any building, structure, or
board, screw ppaint pl p way of example and not by way of limitati on, all steel, iron, concrete, sheet rock and plaster aster file and othei floor and wall coasentngsruoofing andgf s,w°°d Products, glass, bricks, mortar, masonry, pi s wiring, linoleum and
declares to be frxtues and permaarnf additions to the Realoperty.g and molding (collectively, "Personalty"all of wtuch Mortgagor
AND TOGETHER WITH all plans and sliecifications surveys and serve or's re rts
all licenses, permits and approvals and applications therefor from governmental authoiities?eers and architects report s, diagrams and drawings,
records in voice s, chaicee orders, correspondence, diagrams drawin
gs > ice contracts, books, records reports, accounting
, schematics, sales and romotional literature and forms, advertising
materials and the like, w erever located and whenever createo, compiled, or made with respect to the Real Property or the Personalty.
AND TOGETHER WITH all easements, rights, privileges, and appurtenances thereunto belonging or in any way a 9p Real and all of the
right, title, interest, estate, or claim of Mortgagor in or to the streets, ways, alleys, and waters adjoining or adjacent to the Real Property, whethti
now existing or he reafter acquired,
AND TOGETHER WITII all mineral rights, and mining rights, as well as all minerals, sand, gravel, soil and the like (including oil and gas)
whether or not extracted from the Land_
AND TOGETHER WITH 0 rights, benefits profits, rents, and monies payable under, l ale of, or with r t to any restrictive covenants,
easements, agreements ap licab a to We Real Pro
thereof; with the n?lit to: P(a) collect any sums ofmoney atdany time pa sble to Mort late with respect espec
the release, Ii ya e??r?o and all proceeds and prodigy
tnodi ication, or amendment thereof, for application to the ObiigMortgago
and r (b} cutilize onsequence
any collection ci rig ht and rye ts, gind
remedies to collect the same which iiray be available to Ivlortgagor under law.
htus ?
time by M ee to M
AND TOGETHER WITH a security interest which is hereby granted to Mort Eagee in all amounts that may be owing at any time and from time to
gagee. ortgagor in any capacity, including, but not limit to any balance or share belonging to Mort aBor of any deposit or
YS-0206A. Peas Na 1
#otfllt"rte
AND ALSO TOGETHER WTTH
the aforementioned property into
a security interest which is here
secure pa t of the same and
portion of the Real Property, with
ancollection or enforcement rig
obligation to Per fonts on behalf
receivable and contract rights, in
atiliizzet any coll?on orreenfoorceem
luty or obligation to perform on
(a) all of the proceeds of the voluntary or involuntary
cash or ligwdated claims, whether by way of condemnation einsure d cash ualoremenhoned property or any pelt of
by granted to Mortgagee in the same; (b) all rents, profits, and benefits lncludin eanyod positst? as well to
Periormance of the terms and conditions of any oral or written lease, with respec?to the ling of all or any
the right to collect such rents, profits, and benefits at any time for application 1o the Obligations and to utilize
hts or remedies which may be available to M agor under law or any written lease, but without any duty or
of Mortgagor any of Mortgagor's duties or obli ons to any lessee, and (c) all revenues and profits, accounts
chiding any deeppoosits of purchasers to secure payment of the contract price and performance of the terms and
for the Real Property, with the right to collect the same at any time for applica on to the Obligations and to
ent rights or remedies which may be available to Mortgagor under law or any contract of sale, but without any
behalf of Mortgagor any of Mortgagor's duties or obligations to any purchaser of the Real Property.
AND TOGETHER WITH: (a) an irrevocable easement to enter on and uppoon the Real Property at any time and from time to time for the purpose
of making such audit tests, inspections, and examinations including subsurf
necessary, convenient, or 6d to _ ace exploration and testing- as Mortgagee, in its discretion, deems
engaged in thereon are in cad Nance with Envir rimenntal Requirements, as' defrn6dd below, afnd al aany time nd the ddb of the t ? time to
purpose. inspect and and copy all of Mortgagor's records relating to ) the n t a
envunnmental matters and to enter I buildings or facilities of Mortgagor for such
AND TOGETHER WrM all of Mortgagor's books and records with respect to any of the foregoin inclu ' but not limited to, books and
records with respect to environmental matters, whether located at the Real Property, or elsewhere g, tKe third party (including any federal, state, or local agency or instrumentality), and ter written, plio ographic, or coin l ed f Mortgagor or a
All of the aforementioned Real Propertyc Personalty, and other rights and benefits and all other r described in the
Mortgage are collectives called theSete p ?p?cy granting clauses of this
Y " To the extent that an items of Secura?Fhop rte y are not or Kaye not yet become fvctures
and permanent additions to and a part of the Real party and are insteadypersonal property ?fortga
continuingg security interest under the Uniform Comment- ial Code as amended. m all of such rlems of gor grants and conveys to Mortgagee a
a firoduets thereo>; as well as in all subsuruuons, renewals e?ep?acements thereof and in all of such item?h a 80? and the proceeds and
accNrred property, for so long as such items are or remain personal Property and not Fixtures and acquired and constituting
TO HAVE AND TO HOLD the Secured Pro to Mart permanent additions to the Real Property.
1rtY gagee, and Mortgagee's successors and assigns in fee simple forever.
To secure the full, complete, timely and absolute pa ent, performance completion, and satisfaction of each of the Obligations whether such
Obligations are existing or hereafter arisirrg; providechowever, that if A of the Obhgations are dui poid' 003
then Mortgagee shall release and reconvey the Secured Proppeerty to Mortgaggor and terminate this y14I ortgage at ?' COmpieted and satisfied
Mortaggor (to extent not Nne
furthiMe secure flie Vet ions, wh u
and in ntil a writhtelense itsfled an.
ri be,tdi ? void, released, teraninated or having ceased its le¢al ouerat;n„ A,,.t .,tr.?. ,.,.re°``?""_ t
ARTICLE
COVENANTS AND AGR_'r'g OF MORTGAGOR
Mortgagor covenants and agrees as follows:
Section 1.1, Mortgagor shall punctually pay all indebtedness secured by this Mort g fee,
charge, deport escrow or assessment, at the times and in the manner and amounts set forth ?in tine Note thiswMotrtgaBethoefeoann eanryLoan
Document.
Section 1.2. erfoim W. Mortgagor shall strictly and fully perform all duties obligations, and requirements and comply exactly in all respects
with the terms, coverer s, conditions, representations and warranties of this Mortgage and all other Loan Documents.
Section 1.3.
and nersonn
tYhe, + or the reffm, issues income or?'pMprrc'c
Property may be subject, and Moi
rents and pubblie charges other than: (a)) lie
(b? liens and security interests to which M
all sums secured thereby. Mortgagor shall
taxes, assessments, levies, fees, rents, grow
rents, issues, income, or profits thereot, as
have consented.
shall pay and discharge, when and as the san
xlts and levies, all water sewer and other utiE
is or assessnseiits of a dike or different natty
thereof and which are or may become liens ag
or shall not permit to exist an lien or security
ar taxes, assessments, levies, lees, rents
ggee,has specifically consented in writinaganA
as
liens?arid
come due, all taxes of e,
y charges, rents, and ass
•, 1m upon or arse
inst fhe same, as well as
nterest for taxes. aece_ccn
and rents, and PFublic ch??arggeess_
with respect to which M
gagee natal evident' t]
,sled a the Secured
city in crests with respect to
and nature,
nststt hey an, See
id rent to w
6s, fees, grr
or
of alan suum
revenuesi
pgce ran
Section 1.4. Cos 1 lnsuran ee. Mo Not shall keep the Secured Property insured against loss by fire, casualty, and other such hazards and
contingencies as may
tle speciTed by lvlortgagee for. the benefit of Mort oggee. Such insurance shall be written on forms and by companies
satisfactory to Mortgagee and shall be in an amount a ual to the full insurable value of the Secured Pro
amount sufficient to prevent co-insurance liability M ogee dials be named as an insured morta ICY, but d any event ?ce shall be in an
as lass payee and the proceeds arising from any losses thereunder shall be paM pD:4 yable to Mortgagee as?int?ts masp ap moriginal
cuse, and
or policies ot~ such casualty insurance shall be delivered to and retained polipts
cy
and
evidencing the payment of all premiums due on such policies. Al insurance policiOrtga es ?] ad ort aII?gor shall provide ee with recei
IN-
modification or termination, unless Mirty (30) p dorsement_prohrbiting cancellation, matenaI
Mortgagee immediate notice of any loss covered b ey such twirl Pilor wrote anotMo a &ee ss In,
vided to MMortgagee. Morttaagor shall ve
claims and adjust any loss covered b an insurancepolicy. All monies or Xave the right to negotiate setf]ement of?any
paid over to Mortgagee to liye applied, at the option of Mort proceeds received as payment for a loss covered by an insurance policy
shall be Proceeds, if any, payable to iVlortgagor or to the Mortgagee, either to payment of the Obligations, with the balance of any such
reconstructions r ir, renovation or r f the e of other es or expenses actually incurred by Moat or in
epiacement o the Secured Pro the restoration,
perty. any insurance losses are id check
payable to Mortgagor or Mortgagor and Mont ee, jointly, Mortgagee may endorse the name losses M ' " " or other instrument
Mortggaaggee may deem advisable. in order to nice the same to cash Mort ga ortgagor thereon and doconcur suchre ontther in th form or
gs as
crnrtribriting in the event of loss with that required to be maintained above unlegsor WWI it ke out se Grate insurance
payable to Mortgagee as above provided. Mortgagor shall immediately rollty Mort g g X011 a named insured with losses
shall promptly dieliver to Mortgagee the policy or policies of such insurance. gaSce whenever any such separate insurance is taken out and
Ys-0200A, Pap Na 2
Section 1.5. iabili Insurance. Mortgagor shall obtain and maintain public liability and property damage insurance in such amounts, with such
insurance companies, anupon policy forms acceptable to and approved by Mortgagee, with Mortgagee named as additional insured. Mortgagor
shall supplyy Mortgagee with a copy of the aforesaid liability insurance policy and receipts evidencing the payment of premiums due thereon or,
alternatively at the option of Mortgagee, a certificate from the insurance company certifying to the existence of such a policy summarizing the
terms of the policy, and indicating the payment of premiums due thereon.
Section 1.6. Flood Insurance. In the event that at any time all or any portion of the Real Property is determined to be located in a specially
designated flood hazard-area. Mortgagor shall obtain and maintain flood hazard insurance in the fun insurable value of the Improvements or the
full amount of coverage avaiable, if less than the full insurable value of the Improvements, naming Mortgagee as mortgagee, under a standard
mortgagee clause, and as the loss payee. Mortgagor shall be required to pprrovide flood hazard insurance as described, unless M gagor's
insurance broker or a substitute therefor acre table to Mortgagee certifies to Mortgagee in writing that the Real Property is not in a flood hazard
area The original policy or policies of such flood insurance shall be delivered to and retained by Mortgaaggee, and Mortgagor shall provide
M ee with receipts evidencing the payment of all premiums due on such policies. All insurance policies shall bear an endorsement
ing cancellation material modification or termination unless thirty (30) calendar da s' prior written notice thereof is provided to
ortgagee. Mortgagor shall give Mortgagee immediate notice of any loss covered by such casualf?y insurance, and Mortgagee shall have the right
to negotiate settlement of any claims and adjust any loss covered byy an insurance policy. All momes or proceeds received as pa t for a loss
covered by an insurance policy shall be psi over to Mogee to be applied, at the option of Mortgagee, either to payment of the Obligations,
with the balance of any such proceeds, if any, payable To Mortgagor, or to the payment of other changes or expenses actually incurred by
Mortgagor in the restoration, reconstruction, repair, renovation or replacement of the Secured property. If any insurance losses are paid by check,
draft or other instrument payable to Mortgagor or to Mortgagor and Mortgagee jointly, Mortgagee may endyirse the name of Mortgagor thereon
and do such other things as ortgage? may deem advisable in order to reduce the same to cash.
Section 1.7. Additional Morteseee's Insurance Coverage. All
policies of insurance required by the lemma of Sections 1.4, 1.5 and 1.6 shall contain
an endorsemen or agreemen y e it any loss shall be payable in accordance with the terms of such policy notwithstanding any act or
negligence of Mortgagor which might otherwise result in forfeiture of such insurance and the fuuther agreemenf of the insurer waiving all rights
of set-off, countercrraim or deduction against Mortgagor.
rents,
as pre
an of the afore
within test (10)
shall retain the
on
1.8. Escrow, Mortgagee may, at any time i
ce o ana itional amount sufficient to disc]
d other public charges im upon or asse
led in Section 1.3; and (b the payment of th
ns 1.4 and 1.6, for the purr se of providing
ation of the amount so payae and of the fra
sufficient for this p shall be made by l
ligation in respect which such amounts
priority as Mortgagee shall determine, on or
led in. Note, to the Obligations. in the e
prmcopal and interest due and anapplicablI
filar monthly payment shall be applied Tiist to
the escrow.
m time to time, upon notice to Mortgagor, require the deposit by Mortgagor with
the obligations of Mortgagor for. (a) %c payment of taxes,. assessments, levies fees
against the Secured Property or the revenues, rents, issues, income, or profits t)iereol
mnuns for fire casualty, and other hazard insurance and flood insurance, as ovideJ
nd to assure the payment of the aforesaid expenses when and as they come due. The
or part thereof to be deposited with Mortgaee, so that the aggregate of such deposits
Agee in its sole and absolute discretion. SucA amounts shall be applied to the payment
deDOsded or at the option of Mort gz?<gee to the pa ent, of such obli galions in such
re the date tl'iey become delinquent. If M'orrt?ga?ee determines prior to rite due date of
on deposit shall be insufficient for the paymeni of such obligations m full, Mortgagor,
e amount of the deficiency with Mortgagee. The cont?y notwithstanding. Mortgagee
to pay any such amount and to add the amount so paid, toggether with interest at the
!any re gular monthly payment made by Mortgagor should?e insufficient to pay all
aalties plus the amounts required for the escrow pursuant to this Section, the amount
:rest and penalties, if applicable, and next to principal, with the balance, if any, being
Iv ents. If Mortgagor should fail to perform any of the covenants contained in this Mortgage or to protect or preserve the
ty or status and priority of the lien and ecurity interest of this Mortgage, Mortgagee may make advances to perform the same
irtgagor, to obtain? pproof of performance of same, or to protect or preserve the Secured Property or the status and priority of the
y interest of this Mortgage. All sums so advanced shall immediately upon advancement become a lien and security interest upon
perty and shall be secured by this Mortgage. Mortgagor shall repay on demand all sums so advanced on Mortglaagor's behalf, plus
e sea or costs incurred by Mortgagee, uicludirtg reasonable attorn s fees {to the extent not prohibited by w), Wrath interest
i eat rate provided for in the Note. the provisions of this Section shall not be conshued to prevent the institution of forx(osure
and remedies of Mortgagee in the event of a default by Mortgagor. The contrary notwithstanding, the authorization contained in
11 impose no duty or obligation on Mortgagee to perform any action or make any advancement on behalf of Mortgagor and is for
and protection o Mortgagee.
any reasonab
thereon atth
or other righl
this Section
the sole bene
Section I.W.
by Mortgagee
or Drava ce aer
for
r rais?ls. Mortgagee may obtain appraisals of the Secured P
satisf any requirement of federal, state or local law, statute,
vent; ( upon and after the occurrence of any change in mark
the occurrence of any material adverse charge in the fiian
red as determined in the sole discretion of Mortgagee, an
ed .Each appraisal shall be performed at the sole cost of M
ab a to Mortgagee in Mortgagee's sole discretion, and Mort
permit Mortgagee, and Mortgagee's appraisers, agents and
purpose of performing any such appraisal. Mortgagor s
ifontiation ch Mortgagee shall require in connection with
to the value of the Secured Pmnerty ("gern,;tw V.1-"N r,
e. If, as of
exceeds the
onge oI any
as one date of
roperty from time to time: (a) when deemed necessary or advisable
ordinance or regulation, or court or administrative order or decree
et conditions, as determined in the sole discretion of Mortgagee;
i cj
cal condition of Mortgagor, Borrower or any Other Obblligor as
d (d) upon and after tfie occurrence of any Event of Default as
ortgagor, shall be addressed to Mortand shall be in form and
gagee may make advances to cause such appraisals to be wormed.
employees at all reasonable times to enter and inspect the Secured
hall furnish to Mortgaagee and Mortgagee's appraisers, agents and
such appraisals. Mortgagor agrees tat the ratio of the amount of
is been an essential part of the bargain between Mortgagor and
ratio of the Obligations to the Security Value evidenced by such
then a default under this Mortgage has occurred.
Section 1.11. Conditio And U f Irii r vements. Mortgagor shall not at anytime abandon the Secured Property, nor commit any waste on the
Secured Pro , norm ce any ge ine use of the Secured Property which will in any way increase any fire or other hazard insurance risk
arising out o the operation of the Secured Property. Mortgagor shall at all times maintain and keep the Secured Property in good operating order
and condition and shall prompt] make, from tune to time all repairs, renewals, replacements, additions, and improvements connection
therewith which are needed or desirabl. Mortgagor shall dully and strictly comply with all statutes, ordinances, rules, regulations or laws
affecting t h e Secured Property or its use. The Improvements shall not be removed demolished or substantially altetiod, nor shall any Iersonalty
be removed therefrom without the prior written consent of Mortgagee, exceppt where appropriate replacements, free of superior utle, liens,
security interests, or clauss, are immediately made of a value at Least equal to the value of the Personalty removed. Mortgagor shall permit
Mortgagee, or its agents or employees, at all reasonable times to enter and vispext the Secured Property.
Section 1.12. Title To Real Pro rt Lier Mortgor has, as of the date hereof, and shall at all times during the term of this Mortga e
maintain, good and mar- ebTe t e to the Secured Property free and clear of any and all liens, charges, restrictions, encumbrances, seeunfy
Y34200A, Page Na 3
No1708ra -314
interests and adverse claims whatsoever, excepting any liens, charges, restrictions, encumbrances or security interests which are expressly
consented to in writing by Mortgagee.
Section 1.13. Transfer Or Encumbrance. Title to all or any ortion of the Secured Property or any interest therein shall not be acquired by any
person, individual partnershassociation, limited liability company or corporation, other than Mortgagor, by voluntary or involuntary
conveyance, transfer grant or assignment, by operation of law, or in an y other manner, or become encumbered or char ed with a lien or security
interest of any kind or variety, whether voluntary or involuntary, including any mechanic's or materialmen's lien or u ent lien, senior, junior,
or of equal priority to the lien and security interest of this Mortgage, excepting the mortgages or deeds of trust disci'in advance in writing to
and approved in advance in writin7ng by Mortgagee. If Mortgagor is a partnership, the transfer or pledge of any ?utnership interest in Mortgagor
whether a general partnership interest or a lrmtted partners p interest shall constitute a prohibited transfer hereunder. It Mortgagor is a lumte?
liability company, the transfer or ppledge of any membership interest in Mortgagor shall constitute a prohibited transfer hereunder. If M
ort a or is
a corporation, the transfer or pledge of any stock ownership in Mortgagor, or the issuance of addt3ional stock which issuance has the a ect of
dilutingg the then existing ownership interests of the stockholders of the corporation, shall constitute a prohibited transfer hereunder. The contrary
notwithstanding, in the event that the ownership of the Secured Property becomes vested in a person, mdividual partnership, association, limited
liability mpany or corporation other than Mortgagor Mortgagee mayy without notice to Mortgagor deal wit)i such successor or successors in
interest w coith reefference to this ortgage and the indebtedness secured by it in the same manner as with Mortgagor and any extension of the time
of the indebtedness or any otheMr modifications of the terms of the indebtedness at the instance of the then owner of the Secwied Property shall not
relieve Mortgagor of Mortgagor's liability on the Note hereby secured or from the performance of any of the covenants and agreements contained
herein or any of the covenants, terms, conditions, provisions, representations, or warranties contained in the Loan Documents, whether the
extension or modification be made with or without the consent of Mortgagor.
Section 1.14. Cord atio .Mort gagor, immediately upon obtaining knowledge of the institution of anedings for the condemnation of
the Secured or any portion thereof, shall notify Mori ee of the dent of such M
oceedin anMort g gag pen y proceed s. ortgagee may cipate in any such
pr gs agor from time to time shall deliver to Mortgagee all "instruments requested by ortgagee to In
penmsuctt parti
cipation.
the event of such condemnation proceedings, the award or coinppeennssaativn ppaayable is hereby assigned aanndd shall be paid to Mortgagee for
application to and reduction of the Obligations in such priority as IKortgaaggee shad determine (and regardless of whether the Obligations are then
due and payable) at the rate of interest provided in the Note, regardless of the rate of interest payable on the award by the condemning authority.
Mortgagee shall be under no obligation to question the amount of an such award or compensation and may accept the same in the amount in
whicTr the same shall be paid. In any h condemnation proceedings, Mortgagee may be represented by counsel selected by it at Mortgagor's sole
expense (to the extent not prohibited law).
Section 1.15. Futur Adrv ggTHIS MORTGAGE SECURES ALL FUTURE ADVANCES. Mortgagee may make future loans and
advances (wh er wi or wrttiout obligation to do sa) to Mortgagor and/or Borrower and may advance or readvance funds to Mortgagor and/or
Borrower whether or not any reference is made to this Mortgage at the time such loans advances or readvances are made and alrsuch future
loans, advances and readvances shall be fully secured by the Lien and securi interest of this Mort
tY gage even tf and to the extent that such sums
may excee) the face amount of the principal sum secured hereby stated above. Morton waives any and all notice of the creation or accrual of
any of the Obligations or of the reliance b Mortgagee upon this7vfortgage. This Mortgage is an "open?rrd mortgage" within the meaning of Title
42, Section 8143 of Pennsylvania Consolidyated Statutes *+++otatel as amended.
Section 1.16. Estoppel Certificate. Mortgagor, uppoon written notice from Mortgagee, shall deliver to Mortga?ee within ten (l0 calendar days of
the gi ri
''g of notice, a written statement, duly aclmowledged, settinngg forth the amount of any sums then due by h ortgagor to Mortgagee as of the
e date and whether any offsets or defenses exist against any of
notic ltie same.
Section 1.17. Mine, Etc.: Restrictive Covenant. Mortgagor, in its use and operation of the Secured Pr shall fully and strictly compl
with all appli a aws, es anreg attons of any t"edera1, state, and local governmental authorities NavKagor ' sdiction over the Se
Property, including, but not limited to, all zoning, land use, and environmental lawsrules and reations, shall fatly and strictly
compply with all restrictions, covenants, easements, set backs and other limitations on the use of the ecured Pcontained in documents of
pub tic record.
Section 1.18. Preservet?on Of Lien. Mortgagor shall take all steps and do all things necessary, convenient, or proper to establish protect,
preserve, and mamtam t iI pnonty and status of the lien and securiy interest in the Secured Property established or intended to be established by
this Mortgage.
Section 1.19.ecuriAy Aereement. This Mortgage shall also constitute a security agreement and a financing statement from Mort gagor to
Mortga de im er a nif'otm C, ercial Code, as amended. Mortgagor agrees to execute and deliver to Mortgagee for filing with the coca] and
central ing gffices sac tnancing s atements, amendments and continuation statements as may be required m Mortgagee's sole opinion to
ect or continue as perfected the security interest created by this Mortgage. If Mortgagor shall fail upon demand to execute and deliver to
ortgagee such financuig statements, amendments and continuation statements, Mortgagor shall thereupon automatically and irrevocably have
appointed and does hereby appoint Mortgagee as Mortgagor's attorney-in-fact for flue of executing such financing statements,
amendments and continuation statements, the power of attorney hereby given by Mortgagor to?agee being a power of attorney coupled with
an interest.
Section 1.20. Sta US. Morta or shall: (a) if a corporation maintain in good standing and in full force and effect the
'i corporate franchise of
rrppoo n, at privileges incident thereto (b if a genera] or limited partriership, maintain in
good standing and in full force and effect mortgagors status as a validl,yy constituted genera)' or limited partnership under the laws of the state of
its organization, and all rights and privileges incident thereto- and (c) ii-a limited liability company, maintain in good standing and in full force
and effect Mortgaggors status as a validly constituted limited liability company under the laws of the state of its organization, and all rights and
privileges incidenfthereto.
Section 1.21. Books td Records. Mortgagor shall maintain such records with respect to the Secured Property and the condition (financial and
otherwise) and operation erg' and of Mortgagor's business as Mortgagee may request from time to time and shall furnish . ee such
Mo5g
information with respect to the Secured Property, and the condition (financial and otherwise and ag
including, but not limited to, balance sheets, o ) operation t?iereof and of Mort gal business
contracts with respect to the Secured Property?as Mogrtgamay and othfromelt?ttmeaMnortgagee orsaiy leases time to time inspect, check, and make coptea or extracts from th?ks, records and files of Mortgagor, and Momma or shall make same
available at any Time for such purposes. Mortgagor shall famish Mortga or cause to be furnished to Mortgagee such ?inancial information
with respect to Borrower (in the event that Mo?agor is not the Boirower?and any Other Obligor, inclu " but not limited to, balance sheets,
operating statements, personal financial statemen s and other financial information, as Mortgagee may ragt?ieB from time to time.
Section 1.22. Remo first Renuirements, In addition to such other information (fnancial and otherwise) as Mortgagee may require from time to
time, Mortgagor shall submifortgagee as soon as available copies of the Federal, State and local tact returns of Mortgagor and shall also
submit the toIlowing to Mort gagee:
YS-OMA, Pap No. 4
gooWI 08ew A5
Mortgagor shall submit to Mortgagee all of the financial statements required pursuant to this Section, including audited annual financial
statements.
Section 1.23. Recordation Costs. Mortgagor shall pay all recordation costs and transfer taxes and any and all other fees and charges of any nature
whatsoever impose upon a recording of this Mortgage, whether due at the time of recordation or thereafter.
Section 1.24. nvironmental Requirements Mo7t?aagor represen
been or are now local in, on or near the unu Property whic
administrative order or decree, or private agi eemenf (collectii
storage, treatment or disposal. Mortgagor shall not place or peg
Proppe?rtyy, and all leases affecting the Secured Pr y shall co
maferials or substances located m, on or near theMwed Pro
collection, stoooragge, treatment, or di 1, Mortgagor shall, withu
commenced 9 diligentl pursued fo completion within thirty (31
necessary to comply with all Environmental Requirements. If
yments toward performance or satisfaction of the same but sha
al?l ,stuns adRNse, or paid in connection with any judicial or i
liriuted to, a' foes, and fines or other penalty payments, sh
provided m from the date the same shall become due an
aforesaid, shall become a part of the 0 li gatioris. Mortgagor sha]
and expense including reasonable attorney's fees ( fhe extent
respects wntli all Environmental Reauirementc
of Mortgagor'
are directed t
requested. All
may conduct,
hereunder reg
Section 1.25.
I all in scope, form and confenCsatisfactor
employees regar?mgg environmental matt,
environmental issues full and openly with 1
du and expenses incurred by Mortgagee will
the fees of the engineers, laboratories, ai
any other provisions-hereof which may limit
any 1
A as
collect all rents. In the event
contained therein are mcorpo
terms and conditions contaim
and
to be
to
ants to Mortgagee tha
feral, state or local far
:onmental kequiremen
placed any such materi
Tenant to that effect. If
under any Environmen
calendar da s after wr
days thereafter, at Mor
shall fail to take suct
no obligation so to do;
ve inv6figatlon or Dri
Rents. Mort ggagor assigns to Mortg
Zvi owever, drat nothing herein sM
1 entitle any lease to continue in full fi
sewhere herein to make the foreclosure
ate and is intended to transfer and convey
collateral nor for additional sec ' Prow
occurrence of an Event of Defeul?? Mortl
any afGamative action on the part of Mort;
;or Iias executed a separate lease and rent
reference in this Mortgagge and such terms
regarding assignment of"leases and rents.
no materials or
cinwie, cuaurance or reguianon, or
), require special horn ' g in collec
or substances in, on or near the Sec
any time it is determined that there
Requirement, require special handlin
W notice thereof, commence or cause t
gor's sole expense, such actions as ma
ction, Mortgagee may make advance
Id all sums so advanced or id, inclu
eding relating thereto, including, but
have
court or
are
;m
be
be
or
?. a yr an shall bear interest at the highest rate
ui al sums so advanced orpaid, with interest as
: Mortgagee from all loss, liability, damage, cost
ailure of the Secured Property to coy in all
payoff, release, or foreclosure of thismpIOrt9w
rtgagee from tune to time with an envirounn enral
or its desi?iated agent, may interview any all
s or experfs retained by Mortgagor, all of whom
agent and to provide such infonnahon as may be
inspections, and examinations which Mee
f by Mortgagor. Mortgagor shall remain liable
leases and rents of the Real Property, independent of
e Mortga?ggee to perform any of Mortga$mes duties or
effect affer a foreclosure sale unless Ivl(a gee has
ect to a lease. The assignment of leases and rents is
,agee the present right to the leases and the rents. The
:vent of Default has occurred, Mortgagor shall have a
:erase to collect rents shall immediately terminate, and
reupon shall be entitled immediately and exclusively to
rat agreement with Mortgagee, the terms and conditions
itions control in the event of any inconsistency with the
SIrt n 1.26. Indemnif ti Perfo race Under Leases. Mortgaggor shall indemni and hold Mort a ee harmless mcludin
agee' s s reasonao a wores o e eaten no?t ppro bated by raw)) from any attempts by an lessee w force or compel Mortgagtoanmetl
a o
bligatinTh Mortgag covennagrees to satisfy m accordance
er landh f whi or
gor' has knowledge.
f. Mrtall noify Mortgain h e or any succh claim or defense Mortgagor
Section 1.27. A royal of Leases. Msortgagor shall su ly Mortgagees upon request, with copies of all written leases and the names and mailing
addresses of essees. o gorgee haalRl hhave the ri o approve a 1 future leases and the amount of the rents to be paid with res t thereto
and any (ease executed without Mortgagee's approv shall not be effective or enforceable. All leases shall be subordinate to this Mortgage arid
shall specifically so provide, uriless Mortgagee shall elect in writing to the contrary.
Section 1.28. Secun' a sits. In the event Mort or has collected any security deposits from any lessees Mortgagor assigns to Mortgagee
such rity sits t ent of Mortgagor's nits therein Upon request by Mortgagee, such security deposits shall be maintained m an
eccount at Moof
ee separate and apart tiomZvlortgagot's other funds and withdrawals from the escrow account may not be made ex
k7thdR expion al. Mortgagofault. Mortgagor shall comply with all laws applicable to such security d possits in favor of Mortgagee upon a occurrence of an Event of
Section 1.29. Certain Ad c . This Moii?aage secures, in addition to any and all other amounts described in this Morta as Obli
advances made y ortgagee with respect ?o the Secured PTperty for the gag Bans, all
premiums; (b) costs incurred by Mortgagee for protection of the ceured Propel orrtthe lien of t is assessments (c) stse ncur incurred area on ofnthe
occurrence Van Event of Default; or (q) costs incurred or advances made to ac 'eve completion of the Improvements, plus interest on such any
and all advances at the highest rate provided in the Note.
ARTICLE 2
VENTS OF DEFAULT
The occurrence of any of the following events shall constitute an event of default ("Event of Default") under this Mortgage and shall entitle
Mortgagee to exercise all rights and remedies provided in Article 3:
Section 2.1. Failure To Pay. A failure to pay any of the Obligations, when and as the same are due and payable;
Section 2.2. Failure To Perform. A failure to perform or observe, or a breach of, any of the covenants, conditions or provisions of this Mortgage
or any other Loan mnen ;
Sfection 2.3. 11-Performance Cross-Default A default by any Mortgagor upon any of the Obligations or any other existing or future obligations
o any Mortgagor ?0 1GCo`i{ggogee or a3el'ault under any existing or forme agreement mstnunent or document between an Mort
Mortgagee, or any corporate aff'li rate of Mortgagee, including, without limitation, any );can Document, whether previously, sunultan?usly
here after entered into; a default by any Borrower upon any of the Obligations or any other existing or future obligations of any Borrower to
VS024K INWNw S
nt*1708w .316
Mortgagee, or a default by any Borrower under any existing or future agreement, instrument or document between any Borrower and Mortgagee,
or any corporate affiliate of Mortgagee, including, without limitation, any Loan Document, whether previously, simultaneously or herea rter
entered into; a default by any guarantor or other person (other than Mortgagor or Borrower) that is now or hereafter liable upon or in connection
with any of the Obligations or that has granted any lien or security interest to or for the benefit of Mort p?gee to secure any of the Obligations
("Other Obligor" upon any of the Obligations or any other existing or future obligations of any Other Obligor to Mortgagee or a defaulf under
any existing or future agreement, instrument or document between any Other Obligor and Mortgagee or any corporate afTi?iate of Mortgagee,
including, without limitation any Loan Document, whether previously, simultaneously or hereafter entered into; or the occurrence of any event
which is, or would be with t(ie passage of time or the giving of notice or both, a default under any indebtedness of any Mortgagor, Borrower or
Other Obligor to any person other than Mortgagee;
Section 2.4. Adverse C e. A material adverse change in the financial condition of any Mortgagor, Borrower or Other Obligor from that
expressed in manci statement most recently submitted to Mortgagee prior to the date of this Mortgage, as determined in good faith by
M ee in its sole discretion; or a determination in good faith by Mortgagee, in its sole discretion, that the ability of any Mortgagor, Borrower
or Other Obligor to pay or perform any of its respective obligations to Mortgagee is unpaired for any reason;
Section 2.5. B?aniknmt?. Institution of bankruptcy, insolvency, reorganization, or receivership proceedings by or against any Mortgagor,
Borrower or Other Obligor in any state or federal court; or the appointment of a receiver, assignee, custodian, trustee or similar official under any
federal or state insolvency or creditor's rights law for any property of any Mortgagor, Borrower or Other Obligor,
Section 2.6. Additional Collateral. Failure of any Mortgagor, Borrower or Other Obligor to furnish to Mortgagee such collateral or additional
collateral as Mortgagee may in good faith request;
Section 2.7. Represe tons and Warrarities. Any representation, warranty, or statement to Mortgagee by or on behalf of any Mortgagor,
Borrower or r Obligor proving to have been incorrect in any material respect when made or furnished;
Section 2.8. Unauthorized Tr an fer Or Enc brance. A transfer, sale, lease, encumbrance or other disposition of all or any material part of the
assets of any mortgagor, Borrower or er igor in contravention of Section 1.13 of this Mortgage;
Section 2.9. Jude t. The en of any final judgment against any Mortgagor, Borrower or Other Obligor for the payment of money in excess of
Five Thousand Dollars (35,000.00);
Section 2.10. ailure To 've Noti Of Default. The failure by Mortg_ or to advise M gee promptly of the existence of any condition or
event, which is own or is s ou ?e mown to Mortgagor and wtuch is or which wit with the passage of time, the giving of notice, or
both, a default under the Note, this Mortgage, or any other Loan Document;
Section 2.11. Lew or Attachment. The levy upon, or attachment of any assets of any Mortgagor, Borrower or Other Obligor, including, but not
limited to, the Secured Property, or the recordation of any federal, state or local tax lien against any Mortgagor, Borrower or Other Obligor,
Section 2.12. Extrao dine Act . A change of ownership or dissolution, merger, consolidation, liquidation or reorganization of any Mortgagor,
Borrower or er igor c is a corporation, partnership or other legal entity;
Section 2.13. ath. The death of any Mortgagor, Borrower or Other Obligor who is a natural person;
Section 2.14. F' trial Info ation. Failure of any Mortgagor, Borrower or Other Obligor to furnish to Mortgagee such financial information as
Mortgagee may require rom me to time; or
Section 2.15. Notice of subordination or Limitation of Indebtedness. The receipt by Mortgagee of written notice from Mort gagor Borrower any
Other Obli or or any other person or enU , mciudmTt notlnmted to, any notice sent pursuant to the provisions of Title 42, &etion 8143 of
the P70rtg s v iia Ciio idated Statutes fated, as amended, stating 4e intent of the giver of such notice to (a) cause the lien of this
this age , su or ina in whole or in part, another lien or encumbrance on the Secured Property, or (b) limit the Obligations secured by
ARTICLE 3
RIGHTS ON EVENT OF DEFAULT
Upon the occurrence of an Event of Default, Mortgagee may, at its sole and absolute option and without notice or demand, accelerate and declare
immediately due and ppaayable all Obligations and institute foreclosure proceedings as provided below and may, with or without declaring the
Obligations irntrtediately due and payable, and with or without foreclosing, exercise any other right or remedy provided for herein or in the Note,
any other Loan Document, or applicable law.
Section 3.1. Eoreclosure or Other Action. Upon the occurrence of an Event of Default,
action or proceetlnigs at law or in equi as may be advised by its counsel for the cc
limited to, an action of mortgage foreclosure, and may prosecute any such action or pprr
such judgments or final decree against Mortgagor and collect, out of the property ol-l
Property, in anyy manner provided by law momes a&dged or decreed toile payable,
Mortgagee shall be entitled to recover gunent as aforesaid either before or after or c
of the provisions of this Moore, or the Toreclosure of the lien hereof. In the event
the proceeds of sale as provitf in this Mortgage, to the payment of the Obligations,
receive all amounts then remainuiR due and unpaid as Obligations, and to enforce pa
this Mortgage, and any Loeriument, and shall be entitled to recover udgmei
of any j ynent by Mortgagee and no levy of an execution under any judggment t
Mortgagor shall aft"ect in any manner or to any extent the lien of this Mortgage upon d
powers, or remedies of Mortgagee hereunder, but such liens, rights, powers, and reme,
rtgagee shall be entitled or empowered to institute such
ion of the sums so due and unpaid, including, but not
dings to judgment or final decree, and may enforce an
gagor wherever situated, as well as out of the Secured
uding, but not limited to, sale of the Secured Property.
ig the pendency of anproceedings for the enforcement
sale of the Secured Property, and of the application of
Itgagee shall be entitled to enforce payment of and to
nt of all other charges, payments, and costs due under
r any ppoortion of Obit8airons, with interest. No recovery
the Seecured Property or upon any other property of
:cured Property or anypart thereof, or any heng, gits,
shall continue unimpaired as before.
follows: 3.1.1. Application- of Proceeds. Upon the sale of the Secured Property pursuant to this Article 3, the proceeds shall be applied as
(a) To the yment of all expenses incident to instituting and conducting foreclosure proceedings and conducting the sale includingg
reasonable counsel f? for instituting and conducting the foreclosure proceedings and sale. As used herein, expenses of sale shall include (but
shall not be limited to) reasonable auctioneer's fees at the auctioneer's customary rate, the cost of one or more environmental site assessments
obtained by Mortgagee, and the cost of one or more appraisals of the Secured Property by appraisers selected by Mortgagee;
VS-0200A. Page rqa 6
no 1708 pw. .317
(b) To the payment of the Obligations and any and all other claims of Mortgagee, whether the same shall have matured or not,
including interest thereon at the highest rate provided in the Note until the date the schedule of proposed distributions of the foreclosure sale
proceeds is prepared by the sheriff who conducted the sale of the Secured Property, and
same(c) The balance remaining, if any, shall be paid to Mortgagor, or to whomsoever shall be judicially determined to be entitled to the
.
3.1.2. Mortgagee May Bid. Upon any sale made under or by virtue of this Article 3, Mortgagee may bid for and acquire the Secured
Property or any part -Fit ereo0
Section 3.2. Possession Receivership. Morrtt?ggor may retain possession of the Secured Property so long as an Event of Default has not occurred,
but upon the occurrence o ?venrf of Default, Mortggaaggee may assume possession of the Secured Property, with or without legal action, and
dispossess Mortgagor therefrom, although Mortgagor shall remain fully liable to the same extent as thoupossession and not dispossessed by
Mor?agee: Upon such entry, Mortgagee may lease the Secured Property and collect all rents and profits therefrom and, after deducting all costs
of collection and administrative expenses, apply the net rents and profits to the payment of taxes, water and sewer rents, charges and claims,
insurance premiums and all other carrying ch ges (including but not limited to agents' compensation and fees and costs of counsel and receivers)
or on account and in reduction of the pnncipat or interest or pprincipal and interest, hereby secured, in such order as Mortgagee in Mortgaggeoee's
sole discretion may elect, and have a receiver a ted to enter into possession of the Secured Property, collect the rents and profits therefrom,
and apply the same as the court may direct. Mortgagee shall be liable to account only for rents and profits actually receivedb? Mortgagee.
Mortgagor hereby authorizes any attorney. of any court of record to appear for Mo or, and all persons claiming under or through Mortgagor, to
sign an agreement for entering an action m ejectment for possession of the Securroperty, an td o confess?udgment therein against Mortgagor,
and all claiming under or through Mortgagor, in favor of Mortgagee, whereupon a writ may forthwi issue for the immediate possession
of the Secured Property, without any stay of execution and without any prior writ or proceeding whatsoever, and for so doing this Mort g?agge or a
copy hereo er Ce offi cf vbaffidarurtioreclosure ngor bean proper. If Mwith re the Pro
Mortgageespeco performing suh acts shall be fully secured by this Mortgage, even though ur excess of the face amount thereof.
Section 3.3. 4.1o .' intern Separate Acti on. In the event Mortgagor shall fail to pay timely such amounts as may be due on the Note this
Mort gage or an o er an Document, shall be entitled or empowered to institute such action or proceedings at. law or in equi
ty as
may be advised by its counsel for the collection of the sums so due and unpaid and may prosecute any such action or proceedrng,s to judgment or
final decree, and may enforce any such judgments or final decree against Mortgagor and collect, out of the property of Mortggaaggor wherever
situated, as well as out of the Secured Prosy in any manner provided by law, monies adjudged or decreed to be payable. Mo pgee shall be
entitled to recover judgment as aforesaid befo"re after, or during the peu(1 of an ?roceedmgs for the enforceruent of the provisions of this
Mortgage, or the foreclosure of the lien hereof. hi the event of a sale of the Securedygrco' and of the application of the proceeds of sale as
provided in this Mortgage to the payment of the Obligations, Mortgagee shall be entitled to "enforce payment of and to receive all amounts then
remaining due and unpaiSupon the Obligations, and shall be entitfedto recover judgment for any portion of the Obligations remaining unpaid,
with interest as provided in the Note. No recovery of any 'udgnterrt by Mortgagee and no levy of an execution under any judgment upon the
Secured Property or upon any other property of Mortgagor s?alfaffect in any manner or to any extent the lien of this Mortgage upon the Secured
Property or any part thereof, or any liens, nghts, powers, or remedies of Mortgagee hereunder, and such liens, ri ghts, powers, and remedies shall
co pe unimpaired as before. Any momes thus collected by Mortgagee under this Section shall be applied by Mortgagee in accordance with the
provisions of Section 3.1.1.
Section 3.4. Waivers Of Stay Exemptions. Mortgagor shall not at any time insist upon, or plead, or in anle merrier whatsoever claim or take
benefit or advantage of any y or- or moratorium law any exemption from execution of sa of the Secured Property or any
thereof, wherever enacted, now or at any time hereafter in force w} ch may afrect the covenants and terms of performance of t> i Mortga e,
claim, take, or insist upon any benefit or advantage of any law now or hereafter in force providing for the valuation or appraisal of the becl
Property, or any part thereof, prior to any sale or sales thereof which may be made pursuant to any provisions herein, or pursuant to the dec
judgment, or order of any court of competent jurisdiction; nor after an such We or sales, claim or exercise any right under any statute hereto
or hereafter enacted to
d redeem theproperty so sold or an part thereof, and Mortgagor expressly waives all benefrtor advantage of any such
or laws, any
not to hinder, delay or i??de the execution of any power herein ?anted or delegated to M0 gee, but to suffer
perrnit the execution of every power as though no Iaw or laws had been made or enacted. Mortgagor, for Mortgagor and a71 who may claim m
Mortgagor, waives, to the extent that Mortgagor lawfully may, all right to have the Secured Property marshalled upon any foreclosure hereof.
Section 3.5. Uniform nmrercial Code. Mortgogee may exercise all rights and remedies of a secured creditor under the Uri Co ial
, as amen wr respect to any pan of the Secured Property constitutingg personal property and sub'ec
e t to the security in
erect crea
ortgage, including the right to take possession of the Personalty without the use of udreral process TMdortgo
gor hereby waiving all right to
prior notice and a judicial hearing) and the right to require Mortgagor to assemble the same at the Real Prope or such other lace as
Mortgagee may notr[?yy Mort gor. Any disposition of so much of the Secured Property as may constitute personal p and sub'ect to the
security interest created by tlris Mortgage shall be considered commercially reasonable if made pursuant to a public e w 'ch is advertised at
least twice in a news paper of local circulation in the community where the Real Property is located. Any notice required by Section 9-504 of the
Uniform Commer?crI Code to be given to Mortgagor shall be considered reasonable andproperly given if given in the mariner and at the address
provided in notice provisions of Mortgage at least five (5) calendar days prior to the date of any scheduIod public sale.
Section 3.6. Automatic acceleration. Should there occur an event which would with the ving of notice, the passage of time, or both, constitute
an Event of MA U Ti reun e-d r andif a voluntary or involuntary petition under tyre t Qjted fates Bankruptcy ode tliereafter is filed b? or against
Mortgagor while such event remains uncured, the Obligation shall be automatics y accelerated andue and payable and the default rate of
interest, if any, provided for in the Note shall automatically app) as of the date of the first occurrence of the event which would, with the giving
0 notice, the passage of time or both constitute an Event of Default, without any notice, demand or action of any type on the part of Mortgagee
tincluding any action evidencing the acceleration or u rtion of the default rate of interest). The fact that Mortgagee has, prior to the filing of
tthhe voluntary or involuntary petition under the United States B rev Code, acted in a manner which is inconsistent with the acceleration aad
imposition oththe default rate of interest providi3f'or m tTie f?ote not constitute a waiver of this Section nor estop Mortgagee from asserting
or enforcing Mortgagee's rights hereunder.
Section 3.7. Remedies Nonexclusive. The rights and remedies provided in this Article 3upon the occurrence of an Event of Default shall be
nonexclusive an m tion to all other remedies and rights available under this Mortgage, the Note, and any other Loan Document or
applicable law. All rights and remedies available upon the occurrence of an Event of Default shall be cumulative and the exercise of any one or
more of the available rights and remedies shall not be considered as or result in a waiver of any other right or remedy and any ppa?rtcicular right or
remedy may be exercised in conjunction with any or all other rights and remedies provided hereunder or under any other Loan l7ocument.
Y9-6200A. Pag.N. 7
BGoxIW8#w =8
Section 3.8. demnifiea on. If
Mortgagor agrees to m comfy a
may sustain is a result of. (a) se
Mortgagee or its affiliates is do
for the Secured Property was
Section 3.9. Mort a ee
Mortgagee's n is against
of any Oilier liRor before r
gagee or any of its affiliates acquires the Secured Property after a foreclosure sale or public auction,
31dMortg%ee and its affiliates harmless from any loss, cost or expense which Mortgagee or its affiliates
the Secured Property so acquired for less than the Obligations n
a commercially reasonable manner, b anY action bro' pro ded, however that any such sale by
} ught against Mottstastee under Section 548 of the
f
ff. ended, on the grand that the consi tion paid by Mortgagee or its atTih_ates for the Secured Property
or (c) any action brought against Mortgagee under any applicable state fraudulent conveyance act, or
ies B?ankrup"y Code, as amended, on the ground that the consideration paid by Mortgagee or its affiliates
consideration or was otherwise inadequate.
or anyy °t the
Mot fgagee's
;agee shall be under no obligation to pursue
or against any Other Obligor or any collateral
ARTICLE 4
MISCELLANEOUS
Section 4.1. W ties. Mortgagor warrants specially the Secured pioperty and that it has good and marketable title thereto and
forever that it shall
warrant an end the same and the validity and priority of the lien and security interest of this Moiregsa a to Mortgagee against the
re9 ealm s ref any and all other persons. Mortgagor further warrants that Mortgagor shall execute such other andTurther assurances as may be
Section 4.2. is of eeTo ct With R t To Borrower Other li or Morta And SRO pr
jo.
hereb
assents to any ana terns an agr vements between o gagee an o m. or between ee sit an Mortgagor
y Wier y
amendments and modifications thereot", whether presently existing or hereafter made and whether oral or in writing. Mortga may' vanviUiout
cornproimising, impairing, diminishing, or man way releasing Mortgagor f
ob rom this Mort gg
y gage or the Obligalions and without noti or
taming the prior a%, val of Martgat or, at n time or from time to time: (a) waive or excuse any b c
delay in the exercisMortgagee otf an or all of by nO or anY? ObGgoi, or
by Y Mortgagee's rights or remedies with respect to such default (b) grant extensions of time for
or
??ayymm t or perfornance Borrower or any Other Obligor, (c), release, substitute, exchange, surrender, or add colllatera of Borrower t or of n any
or waive, release, or subordinate, in whole or in an lien or security interest held by Mortgagee on an y real or sons]
Property securingg payment or performance in whole or in part, of any of the Obligations,, ((d) release Borrower or any ether Obligor, ea 1
Payments made by Borrower or by any Otjmer Obligor to an
sums owed by Borrower to M ee, in any order or manner, or to an pp Y
account or accounts, as Mortgagee may elect; and ( noddy, change, renew extend, or am m any respect M ee's y specific
Borrower or any Other Obligor, or any document, instriunent, or writing, embodying, or reflectmm ng the same. ° g agreement with
Section 4.3. Waiv Mort .Mortgagor waives: (a) any and all notices whatsoever with respect to this Mort gage or with respect to any of
the Obligations, inc u not united to, notice of: (i) Moee's acceptance hereof or Mortgagee's intention 3o act, or Mortgagee's action,
in reliance hereon (ii) the present existence or future incurring o an of the obligations of Borrower to Mortee or any terms or amounts
thereof or 13 erein; (ni) any default by Borrower or any Oilier Obligor, and (iv) the obtaining ar reTease of eny guaranty or
a
Mortgago tdge, assitpur?ent, or other security for any of the obligations of $orrower to MMortgagee> (b) presentment and demand fort
° y?suru tr°m Borrower or any Other pbliSor and otest of nonpa (c yin
and (a) airy right to assert against Mortgagee any defense whether 1 aI oregieeiiteble), claimd cooun laurm ocer nghtBof osetofor ranecom ?blig ri
r may now or hereafter have against Borrower or any Other Obligor. hi
Section 4.4. Information C ernin Born wer Secured pronertv Or ether Obligors. Mortgagee shall have no present or future duty or obligation
to discover or to disclose to LvLV agor any u ormaUo-n,Ttnancma or o erwise, concerning $orrower, airy ether Obligor or any ooliateral
secunti? the Obligations. Mortgagar waives an right to claim ar assert any such duty or obligation on the part of Mortgagee. M ?
obtain all information which Mortgagor considers a y g then t}wn Mori and o
remain at all times current grid continuously a ppmpnate or relevant to this Mort age fiom sources od
material and relevant to the Obligations of Mortgagortitm°derlltlmiMortagage.COn? B°?O?"ar' anyar ?1i8°fY cellaterat which is
Section 4.5. Waivers By Mort¢a¢ee. Mortgagee may at any time or from time to time waive all or any rights under this Mortgage or any other
Loan Document, ut any wazver or indulgence by Moitiagee at any time or from time to time shall not constitute, unless specifically so
expressed by Mortgagee in writing, a future waiver of performance or exact performance by Mortgagor.
bSecti cif n is as a result or anes ci ortage or any person part tot is shall any a a shall have any benefit hereunder nor have third party D6curnen Mortgagee, a of which are done for the sgole benef t oand protection of Mortgagee. person be entitled to rely on any actions or inactions of
Section 4.7. tinuin Ob isation OFMott¢a¢or. The terms, conditions, and covenants set forth herein and in the other Loan Documents shall
survive closing and shall constitute a con inning joint and several obligation of Mortgagor during the course of the transaction contemplated
herein.
Section 4.8. Binding Obligation. This Mortgage shall be binding upon the parties and their personal representatives, successors and assigns.
Section 4.9. Final A ent. This Mortgage and the Loan Documents contain the final and entire agreement and understanding of the parties,
and any terms an conditions not set ford in this Mortgage or the Loan Documents are not a part of this Mortgage and the understanding of the
parties hereto.
Section 4.10. Amendment. This Mortgage may be amended or altered only in a writing signed by the party to be bound by the amendment,
change or alteration.
Section 4.11. Photooonies Sufficient. A carbon, photographic, or other reproduction of this Mortgage shall be sufficient as a financing statement.
Section 4.12. Notices. Any notice re d dequited or permitted by or in connection with this Mortgage shall be in writing and may be made by hand
deliv ovemr?livery, or certified mail, unrestr]ctelivery, return receipt requested, postage Prepaid, addressed to the true
the ad indicated on the first ge of this Mo age ar to such other address as ma be hereafter ed P?h at
shall be considered ggiiven as of theme date of the han? delivery, one (l) day after di tch if sent specifi by.written notice an party, and
after the date of malting, independent of the date of delivery or whether delivery is ever in fact ac?comple ishe?dt be1rvery' ar three ()e Sys
refeGrencein unsce ortgege to a flame eri?t ats f setfar htiuani in t?hlsrMortgageth. Should any of thehterms?, cor?drtionans, an provr. sOnstofthbe
Ys-0200A, P.B. N& 8
Ro(A 1708 .319
Note, or any other Loan Document conflict with the terms, conditions, or provisions of this Mortgage, Mortgagee shall select which of the terms,
covenants, and conditions shall govern and control. g gns succ Section 4.14.
anTTeLterm . ggce?shall in ud?e the su cessors annd assi sgrhisalof the Morrttga cepersonal . The use of tthe stiv ingular incl d s thand plural, 1, and
e pI -oral m
th may refer only to the singular. The use of any gender shall be applicable to all genders.
Section 4.15. Joint And Seve{Liability. If more than one person or entity is executing this Mortgage as a Mortgagor, all liabilities under this
Mortgage shall pint and several with respect to each of such persons or entities.
Section 4.16. Invalidi . If any provision or part of any ovision contained in this Mortgage shall be found for any reason to be illegal, invalid or
unenforceable in any respect such iDegali V, rivalidify or unenfomeability shall not affect any other provisions or the remaining part of any
effective provisions of this Mortgage and this Mortgage shall be construed as if such invalid, illegal pa
, or unenforceable provision or rt thereof
had never been contained herein; brit only to the extent of its invalidity, illegality, or unenforceabiltty.
Section 4.17. Choice Of Law. The laws of the Commonwealth of Pennsylvania (excludirrg, however, conflict of law princi les) shall strictly
and absolutely govem anti applied to determine all issues relating to this Mortgage and the rights and obligations of the parties hereto
incl the validity, construction, mt , tation, and enforceability of this Mortgage and its various provisions and the consequences and legal
effect of all trarisactrons and events whi resulted in the execution of this Mortgage or which occurred or were to occur as a director indirect
result of this Mortgage having been executed.
Section 4.18. Co t To urisdictio eem t To Venue- Mortgagor irrevocably consents to the non-exclusive jurisdiction and venue of -As the courts of a ommonwea t o Pennsylvania, inelfidiiij the jurisdiction of the United States District Court for the Middle District of
Pennsylvania and agrees that venue shall be proper in any county in Pennsylvania or in the United States District Court for the Middle District
of Pennsylvania, if suit is filed in any action or to enforce, construe or interpret this Mortgage or any other Loan Document.
Section 4.19. Time. Time is of the essence of all Obligations.
Section 4.20. . Eric ces. If this Mortgage is subject to one or more other mort e
gages or deeds of trust ("Pri or Mort
gagg"), then the
following provisions o i on 4.20 apply: A default under any Prior Mortgage shall be deemed a default under this ggaaggee,,
Mort gagor shall immediately give Mortgagee duplicate copies of all notices it receives (other than notices sent on a periodic basissur?der many
or Mortgage or the note it secures, including, without limitation, any notice of default thereunder. Without the prior written consent of
Mortgagee, Mortgagor shall not enter into an agreement or accept the benefit of any arras ardent whereby the beneficiary of any Prior Mortgage
_ym
waives, postpones extends, reduces, or modifies the pa ent of any installment of prurcipa? or interest or any other item or amount now required
to be paid under the terms of the note secured byy anP
rior Mortg e, or whereby such beneficiary modifies any other terns thereof. Mortgagor
shall furnish to Mo?gee, upon demand, proof of payment of aid items which are required to be paid by Mortgagor pursuant to an Pri
Mortgage and the no a it secures. Mortgagor shall use its best efforts to obtain from The beneficiary of any Prior Mortgage and deliver or
to
Mortgagee, after an request by Mortgagee, a certificate stating that the Prior Mort?ge is unmahfied grid in full force and efle?, the
outstanding indebtedness secured thereby, and that there is no default thereunder or if there is a default, stati'n? the nature of each default
Mo shall execute and deliver on request of Mortgagee, such instruments arid' shall orm such other action as Mortgagee considers
addira o cure or remedy the default and preserve the interest of Mortgagee m the Secured P Y. Mortgagor shall not request or accept any
additional advance under any Prior Mortgage.
Section 4.21. Notice to Holders Prior Encumbrance . Mort a or authorizes Mortg gagee at Mortgagee's sole discretion, to give notice in form
and substance sa sac ory to g?gee pursuant to rte 42, ction 8143 of the in lvani-Qonsolidated Statutes tafed as amended, of
the lien and security interest creafed by this Mortgage to a holder of a previously recorded open-en mortgage which rs a en on the Secured
Property in order to subordinate further advances by such holder to the lien and secirrity intere csf rested by thrsMortgage.
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YS0200A. PageNa. f
B0011708M AIM
Section 411 Waiver of Trial By Jury. Mortgagor and Mortgagee, by their execution and acceptance respectively, of this Mortgage, agree
that any suit, action, or proceeding, whether claim or counterclaim, brought or instituted by either party hereto or anysguccessor or
Obligations, of any event, transaction,torooccurrence erisierg out f r in any way connectted with or in tirectly, a or the Obrtiiaatioes, or
the dealings of the parties with retspect thereto shall be tried only byy? a court and not by s fury EACH PARTYEBY ENRESSLY
WAIVES ANY RIGHT TO A TRIAL BY JOWY IN ANY SUCH SUIT, ACTION OR PROCEEDING. Mortgagor acknowledges and
agrees that this Section is a specific and material aspect of this Mortgage and that Mortgagee would not accept iThis Mortgage as a basis
for the extension of credit to Borrower without this waiver of jury trial.
IN WITNESS WHEREOF, Mortgagor has duly executed this Mortgage with the specific intention of creating an instrument under seal as of the
date first above written.
WITNESS:
(SignaUir
4(t ir'aRie)
(Signature
(runt NaM) l ?
Address: 456 Mount Rock Road
N-ville, Peiwylvania 17241
Telephone Number: (717) 776-7177
SS/Taxpayer ID No: 173-547713
ACKNOWLEDGEMENT
Commonwealth of Pennsylvania, County OF Dawhin , TO WIT:
I HEREBY CERTIFY that on this 1st. day of M8 2001 before me, the undersigned Notary Public
of the Commonwealth of Pennsylvanis,.person?y appear amue
Purposes therein contained a swan an uanl a Calaman known to me (or sa only
Proven) to therein the person(s) whose name is subscribed o the within instrument and acknowledged that helshelthey executed the same for the
.
IN WPPNESS MY Hand and Notarial Seal.
My Commission Expires:
Alnig_ NOTARY PUBLIC (SEAL)
Kristy l3reitsman, Notarryyy blic
Harrisburg. Dauphin County
My Commission Expires June 9, 2003 CERTIFICATE OF ADDRESS
It is hereby certified that the address of Allfirst Bank, a Maryland state-chartered commercial bank, the Mortgagee within named, is as
follows:
Allfirst Bank, a Maryland state-chartered commercial bank
305 W. Chesapeake Avenue, 4th Floor (111-200)
Towson, Maryland 21204
l Allfirst Bank, a Maryland state-chartered commercial bank
t, J ) (SEAL)
rr ° paU
16, \b S " V??2 i
'lIt
«° (Pnni Name) -
YS-0MA. Pop N& it
60uK IV81 ,A-21
EXHIBIT A
The property known as 456 Mount Rock Rd, Newville, PA and more fully described in a deed to
Samuel A. Calaman and Juanita E. Calaman dated December 16,1999 from Sheryl A. White and
recorded among the Land Records of Cumberland County, Pennsylvania in Liber 219, Folio 939 on
April 26, 2000.
I Certify this to be recorded
In Cumberland County PA
s
o t
' Recorder of Deeds
Dc hibi-E
e?,k?Lj
11-14-'C17 1'_:1-] FROMII-Premier Abstract 717545616, T-595 F811l034 F-704
ALL MT CXRTAXW tract or parcel of land Situate in West
Pennsboro Townehip, Cumberland County, Pennsylvania, more fully
bounded and described as follows:
BW31MF.MG at a point on the southern dedicated right-of-ray
line of Mt. Rock Road (LR 21003) at lands now or formerly of
William Brownawelli thence along said dividing line. South 19
degrees 35 minutes 43 Seconds Bast, 727.86 feet to a concrete
monument; thence along the dividing line between Lot Nos. 9 and to
on said plan, North Be degrees 06 minutes 18 seconds West, 331.38
,.at to a point; thence continuing along the dividing line between
Lot Nos. 10 and 10A on said Plan, North 10 degrees 00 minutes 17
seconds West, 704.77 feet to a point on the southern dedicated
right-of-way line of said Ht. Rock Road; thence along said right-
of-way line, South 84 degrees 44 minutes 07 seconds Bast, 210.42
feet to a point, the Place of BBGINWING.
BR33w further described as Lot No. LOA on the Final
Subdivision Plan for Harmon Graves Company and ximba, Inc.,
prepared by Stanley Jarmolenko, R.B., dated October 17, 1985 and
recorded in Cumberland County. Plan Book 49, Page 57,
RavrNQ TssRSoN ZRNC1•io a dwelling known as 456 Mt. Rock Road,
Newville, Pennsylvania.
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FORBEARANCE AND MODIFICATION AGREEMENT
THIS FORBEARANCE AND MODIFICATION AGREEMENT (the "Agreement") is
made and entered into this /?'? day of Le , 2002, by and among, Samuel
A. Calaman, individually and t/a Calaman's `1,awn rvice ("Borrower") and Juanita E.
Calaman ("Guarantor"), both Borrower and Guarantor 6f 465 Mount Rock Road, Newville,
Pennsylvania 17241 and Allfirst Bank ("Bank").
WITNESSETH THAT:
WHEREAS, Bank has made the following loans to Borrower.
0
a. Loan Number 0137286-9001 - f V-"(,) i Original principal due to Bank - Twenty-Five Thousand Dollars
($25,000.00) as is evidenced by the Borrower's Commercial Promissory Note and Security
Agreement (the "Commercial Note #1 ") granted to Bank and dated May 23, 2001.
ii Outstanding debt due -
Principal - $ 21,531.18
Interest to 7/5/02 - 750.50
Total - $ 22.281.68
Together with interest which continues to accrue at the contract rate ($4.77 per diem), together
with charges, fees and expenses, plus court costs and reasonable attorney's fees.
iii Terms - As set forth in the Commercial Note #1.
iv Collateral - Security interest in and upon all of the Borrower's
personal property, including machinery, equipment and inventory.
This loan shall hereinafter be referred to as the "Commercial Loan #I ".
b. Loan Number 0137286-9002
i Original principal due to Bank - Eleven Thousand Two Hundred
Dollars ($11,200.00) as is evidenced by the Borrower's Commercial Promissory Note and
Security Agreement (the "Commercial Note #2") granted to Bank and dated May 1, 2001.
ii Outstanding debt due -
Vo40 Principal - $ 9,941.77
Interest to 7/5/02 - 329.97
Late Fees - 11.37
Total - $10,283.11
Together with interest which continues to accrue at the contract rate ($2.19 per diem), together
with charges, fees and expenses, plus court costs and reasonable attorney's fees.
iii Terms - As set forth in the Commercial Note #2 dated May 1,
2001.
iv Collateral - Security interest in and upon 1995 Ford F-350, VIN:
1 FDKF37HSNA82098.
This loan shall hereinafter be referred to as the "Commercial Loan 42".
c. Loan Number 0137286-0001
i Original principal due to Bank - Thirty-One Thousand Dollars
($31,000.00) as is evidenced by the Borrower's Business Home Equity Line agreement (the
.01 "Business Note") granted to Bank and dated May 1, 2001.
ii Outstanding debt due -
Principal - $ 31,000.00
Interest to 7/5/02 - 531.73
Total - $ 31,531.73
Together with interest which continues to accrue at the contract rate ($4.09 per diem), together
with charges, fees and expenses, plus court costs and reasonable attorney's fees.
iii Terms - As set forth in the Business Note dated May 1, 2001.
iv Collateral - Open-end Mortgage securing a second position on
Mount Rock Road, Newville, Pennsylvania (the "Mortgaged Premises") dated May 1,
2
I I
2001 and recorded on May 22, 2001 in the Office of the Recorder of Deeds of Cumberland
County at Book 1708, Page 311 (the "Mortgage").
This loan shall hereinafter be referred to as the "Business Loan".
The sums set forth above and due and owing on the Commercial Loan #1, Commercial
Loan #2 and Business Loan shall hereinafter be referred to as the "Indebtedness".
WHEREAS, one or more events of default have occurred and are continuing to occur
under the Commercial Loan #1, Commercial Loan #2 and Business Loan (hereinafter
collectively the "Loans") for the following reasons:
a. The Borrower has failed to meet his obligations to pay monthly installments
of principal and interest when due on the Commercial Loans #1 and #2.1n February 2002 and
all subsequent installments, which failures are events of default under each of the Loans, the
Security Agreements and Mortgage.
b. Bank has made demands upon the Borrower for payment in full of the
Loans, which demand has not been met.
WHEREAS, because one or more such events of default, Bank has properly, pursuant to
the terms of the Loans, declared the indebtedness evidenced by each, including principal and
accrued, but unpaid interest, to be immediately due and payable.
WHEREAS, as a consequence of the defaults of the Borrower the following confessed
judgments were entered against the Borrower:
a. Allfirst Bank v. Samuel A. Calaman Individually and t/a Calaman's Lawn
Service, in the Court of Common Pleas of Cumberland County, Pennsylvania to number, 02-
1630 Civil Term; pursuant to a Complaint for Confession of Judgment filed April 3, 2002 as
authorized by the warrant of attorney set forth in the Commercial Loan #1. Judgment entered
in favor of Bank and against Borrower in the amount of Eleven Thousand Five Hundred Sixty-
Eight Dollars and Twenty-Seven Cents ($11,568.27), together with interest which continues to
accrue at the contract rate ($2.19 per diem), together with all charges, fees and expenses plus
court costs and reasonable attorney's fees as allowed by the warrant of attorney for confession
of judgment.
b. Allfirst Bank v. Samuel A. Calaman Individually and t/a Calaman's Lawn
Service, in the Court of Common Pleas of Cumberland County, Pennsylvania to number 02-
1633 Civil Term; pursuant to a Complaint for Confession of Judgment filed April 3, 2002 as
authorized by the warrant of attorney set forth in the Commercial Loan #2. Judgment entered
in favor of )dank and against Borrower in the amount of Twenty-Five Thousand Two Hundred
Twenty-Two Dollars and Forty-Two Cents ($25,222.42), together with interest which
continues to accrue at the contract rate ($4.77 per diem), together with all charges, fees and
expenses plus court costs and reasonable attorney's fees as allowed by the warrant of attorney
for confession of judgment.
Hereinafter individually and collectively referred to as the "Confessed Judgments".
WHEREAS, on or about April 18, 2002, Plaintiff filed a Praecipe for Writ of Execution
on the Confessed Judgment entered to No. 02-1633 Civil Term.
. WHEREAS, on or about April 29, 2002, Defendant filed separate Petitions to strike off
or open the Confessed Judgments, a Rule to Show Cause has been issued upon the same and
Plaintiff has filed responses thereto.
WHEREAS, the Borrower and Guarantor have requested that Bank forbear for a period
of time from the exercise of its rights and remedies available at law or equity by agreement or
otherwise as a result of the events of default and to grant a modification in the terms of
repayment of the Loans.
WHEREAS, upon the terms and conditions contained herein, Bank is prepared, for a
limited period of time, to forbear from the exercise of such rights and remedies and to modify
the repayment terms of the Loans.
WHEREAS, forbearance and modification by Bank as provided for in this Agreement
shall result in direct and tangible benefit to the Borrower and Guarantor.
NOW, THEREFORE, in consideration of the foregoing premises and the agreements
and undertakings contained herein and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally
bound hereby, agree as follows:
1. Guaranty by Guarantor - The Guarantor does hereby guarantee to the Bank, its
successors and assigns, and promises to make the prompt and punctual payment of the
Indebtedness when due, whether by acceleration or otherwise, and hereby consents to all of the
terms and conditions of the Notes and Loan Documents referred to above. The Guarantor does
agree that Bank shall be under no obligation to pursue Bank's rights against the Borrower or
any collateral of Borrower securing the Loans or various obligations of Borrower to Bank or
against any other obligor or any collateral or any other obligor before pursing Bank's rights
against the Guarantor.
2. Acknowledgment by Borrower and Guarantor - Borrower and Guarantor agree,
acknowledge, represent and warrant:
a. Acknowledgment of Recitals - The recitals in this Agreement are true and
correct in all respects and are incorporated herein as operative provisions of this Agreement.
b. Acknowledgment of Default - That on and as of the date hereof Borrower
and Guarantor do acknowledge that material events of default existed and continue to exist
under the Notes and Loans without timely cure and that each is individually and jointly
indebted to Bank with respect to the Indebtedness, including, but not limited to principal,
interest and related costs and fees in the amounts set forth hereinabove and that all such
amounts remain outstanding and unpaid and are absolutely and unconditionally due and
payable in full without offset, deduction or counterclaim of any kind or character whatsoever.
c. Acknowledgment of Bank's Rights to Accelerate - Prior to and on and as of
the date hereof Bank had and has the right to accelerate and declare the Indebtedness of the
Loans to be immediately due and payable and to make demands upon the Borrower and
Guarantor for payment in full of all such Indebtedness and that such accelerations and demands
for immediate payment of the Loans have been made and have been received by the Borrower
and Guarantor, and each was in all respects adequate and proper and such accelerations and
demands for immediate payment continues in full force and effect and is not impaired or
diminished, except as, and only to the extent modified by this Agreement and the Borrower and
Guarantor waive any and all further notice, presentment, notice of dishonor or demand with
respect to the Indebtedness.
d. Acknowledgment of Indebtedness - That on and as of the date hereof:
i Borrower and Guarantor are indebted to Bank with respect to the
principal and interest and related costs and fees in the amounts set forth in the recitals to
this Agreement.
ii All such amounts remain outstanding and unpaid.
iii All such amounts are absolutely and unconditionally due and
payable in full, without offset, deduction or counterclaim of any kind or character
whatsoever, but are subject to increase, decrease or other adjustment as a result of any and
all interest, fees and other charges, including, without limitation, attorney's fees and costs
of collection, which are payable to Bank pursuant to the Loans.
e. Acknowledgment that Advances are Terminated - That the obligation of
Bank to Borrower to make advances pursuant to any of the Loans which might be in the nature
of a line-of-credit has been terminated and that Bank no longer has an obligation and will no
longer make advances on any line-of-credit to Borrower or Guarantor even if the'Borrower or
Guarantor make payments to Bank pursuant to this Agreement and comply in all other respects
with this Agreement.
f. Acknowledgment that Liabilities Continue in Full Force and Effect - That all
liabilities and obligations of the Borrower and Guarantor pursuant to the Loans shall, except as
expressly modified herein during the pendency of this Agreement, remain in full force and
effect and shall not be released, impaired, diminished or in any other way modified or amended
5
as a result of the execution and delivery of this Agreement or by the agreements and
undertakings of the parties contained herein.
g. Acknowledgment that Mortgage Continues in Full Force and Effect - That
the Open-End Mortgage granted by Borrower and Guarantor as security for the Business Loan
shall continue in full force and effect and remain perfected in accordance with its respective
terms from the date thereof, and shall secure repayment of all the Indebtedness, including the
Commercial Loan 41, Commercial Loan #2 and Business Loan.
h. Acknowledgment of Confessed Judgments - That the Confessed Judgments
are legal, equitable and proper in all respects and there exists no right to open or strike off the
Confessed Judgments and the Confessed Judgments shall remain as valid liens during the
pendency of this Agreement and thereafter. Further, that the Borrower and Guarantor shall
direct their attorney to withdraw with prejudice the Petitions to Open and/or Strike the
Confessed Judgments immediately upon the signing of this Agreement.
i. Acknowledgment of Advice of Counsel - Borrower and Guarantor
acknowledge that they have received independent legal advise from Donald R. Reavy, Esquire,
counsel of their selection and that he fully understands the facts and has been fully informed as
to their legal rights and obligations, and each party acknowledges and accepts that this
Agreement is fair and equitable and that it is being entered into freely and voluntarily after
having received such advise and with such knowledge, and that execution of this Agreement is
not the result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements.
3. Forbearance and Modification by Bank
a. Forbearance Period - At the request of the Borrower and Guarantor, Bank
agrees to forbear from the exercise of its rights and remedies, whether at law or in equity, by
agreement or otherwise available to Bank as a result of the events of default existing under the
Loans as of February 2002, until the earliest to occur of the following:
15
June,i( 2005;,,5,40.
ii The time at which Borrower or Guarantor fail to comply in any
respect with their respective covenants to Bank as set forth in Section 4 hereof, or
iii The occurrence of any event of default under any of the Loans
(other than the continuation of the events of default specified in the recitals to this
Agreement so long as Borrower and Guarantor comply with the terms of this Agreement)
the period beginning on the date of this Agreement and terminating on the earliest of such
dates as set forth above, shall hereinafter be referred to as the "Forbearance and
Modification Period".
6
b. Termination of Forbearance and Modification Period - Upon termination of
the Forbearance and Modification Period, pursuant to any of the causes (i) through (iii) of
Section 3(a) above, all forbearance deferrals, modifications and indulgences granted by Bank
herein shall automatically terminate and the Loans shall thereupon be immediately paid in full
by Borrower or Guarantor and if Borrower or Guarantor fail to make said payment, in order to
collect the same, Bank shall thereupon be entitled to exercise any and all remedies which it
may have upon the occurrence of an event of default, including, without limitation, those
referred to in the recitals of this Agreement, without further notice of any kind. Further,
Borrower and Guarantor agree that upon termination of the Forbearance and Modification
Period, Bank may complete execution and sheriff's sale upon all assets of the Borrower and
Guarantor which are pledged as collateral to Bank, including the Mortgaged Premises and the
Borrower and Guarantor shall fully cooperate in the same.
4. Covenants of Borrower and Guarantor During the Forbearance and Modification
Period - At all times during the Forbearance and Modification Period and continuing thereafter
and in order to induce Bank to enter into this Agreement and as a condition of the continuation
of the Forbearance and Modification Period pursuant to Section 3(a)(10 hereinabove, the
Borrower and Guarantor covenant and agree as follows:
a. Repayment - Modification - The principal balance of each of the. Loans shall
from the date of this Agreement forward accrue interest at the rate of eight and five tenths
percent (8.5%) per annum and shall be amortized on a sixty (60) month schedule with a balloon
and final payment due on each at the thirty-sixth (36th) month. Specifically, they shall be paid
as follows:
i Loan 0137286-9001 - Principal Balance - Twenty-One Thousand
Five Hundred Thirty-One Dollars and Eighteen Cents ($21,531.18) - Beginning July Y, 15?
2002, and continuing o t,4day of each month thereafter, Borrower or Guarantor,
shall make thirty-five (? eq a dnd consecutive monthly installments of Four Hundred
Forty-One Dollars and Seventy-Five Cents ($441.75) principal and interest and a thirty-
sixth (36th) and final payment of all principal, interest, fees, costs or charges then
outstanding on or before June 15 2005. .5 4C
1
V'10
ii Loan 0137286-9002 - Principal Balance - Nine Thousand Nine
Hundred Forty-One Dollars and Seve+ ty-Seven Cents ($9,941.77) - Beginning July 1$1', 4c
2002, and continuing on the €r?at o1f?ach month thereafter, Borrower or Guaranto6,
shall make thirty-five (35) equal and c nsec`frl?i?ie monthly installments of Two Hundred
Three Dollars and Ninety-Seven Cents ($203.97) principal and interest and a thirty-sixth
(36th) and final payment of all principal, interest, fees, costs or charges then outstanding on
or before June 152005.
co alance - Thirty-One „T'housje , ,
iii Loan 0137286-0001 - rmc al b
'? `
Dollars ($31,000.00) - Beginning July 1$,2002, ai 1 contin?.n?ng on thefat (l} y~-o each
month thereafter, Borrower or Guarantor shall make thirty-five (35) equal and consecutive
7
monthly installments of Six Hundred Thirty-Six Dollars and One Cent ($636.01) principal
and interest and a thirty-sixth (36`h) and final payment of all principal, interest, fees, costs or
charges then outstanding on or before June 12005. u?
Yk
b. Perfection of Title Lien Upon 1995 Ford F-350 Vehicle -That upon signing
this Agreement, Borrower shall take all actions necessary to have Bank's lien recorded upon
the title to the Borrower's 1995 Ford F-350 truck VIN: IFDKF37H3SNA82098. Borrower
shall provide Bank with the title to said truck properly endorsed and notarized to allow Bank's
lien to be recorded upon the same.
c. Borrower and Guarantor shall execute such other and further documents and
instruments that Bank may request to implement the provisions of this Agreement, including a
mortgage their residence to secure the Indebtedness of Commercial Loans #1 and #2.
d. Taxes and Insurance - The Borrower and Guarantor shall at all times keep all
taxes and insurance. premiums paid current and shall provide Bank with proof of payment of
the same upon Bank's request.
e. Borrower and Guarantor shall perform all other duties and comply in all
other respects with the requirements of the various loan documents evidencing the Loans
except only as modified herein.
f. As of the date of this Agreement there are arrearages (including interest, late
fees, attorney's fees and costs) outstanding on the Loans in the total amount of Seven Thousand
Four Hundred Eight Dollars and Seventy Cents ($7,408.70). Borrower shall repay this sum in
twelve (12) equal monthly installments beginning July 15, 2002 in the amount of Six Hundred
Seventeen Dollars and Thirty-Nine Cents ($617.39) each.
5. Release - Borrower and Guarantor hereby release, acquit, and forever discharge the
Bank, and each and every past and present subsidiary, affiliate, stockholder, officer, director,
agency, servant, employee, representative, and attorney of the Bank, from any and all claims,
causes of action, suits, debts, liens, obligations, liabilities, demands, losses, costs and expenses
(including attorneys' fees) of any kind, character or nature whatsoever, known or unknown,
fixed or contingent, which the Borrower or Guarantor may have or claim to have now or which
may hereafter arise out of or connected with any act of commission or omission of the Bank
existing or occurring prior to the date of this Agreement or any instrument executed prior to the
date of this Agreement including, without limitation, any claims,-liabilities or obligations
arising with respect to the Indebtedness evidenced by Commercial Note #,1, Commercial Note
#2 r Business Note, or any other of the related documents. The provisions of this Section 5
shall be binding upon the Borrower and Guarantor and shall inure to the benefit of the Bank .
and its respective successors and assigns.
6. Further Assurances -Except as expressly provided herein, the Commercial Note 41,
Commercial Note #2, Business Note, Mortgage and all Security Agreements and any and all
other documents related to the Loans shall remain in'full force and effect in accordance with
their respective terms. Without limiting the generality of the foregoing, nothing herein shall be
construed to:
a. Impair the validity, perfection of priority of any lien or security .interest
securing the Loans or Guaranty;
r
b. Waive or impair any rights, powers or remedies of Bank under the
Commercial Note #1, Commercial Note 42, Business Note, Mortgage, Security Agreements
and any and all other documents related to the Loans upon termination of the Forbearance and
Modification Period.
c. Require Bank to extend the Forbearance and Modification Period, or grant
additional forbearance or modifications or extend the term of the Loans or the time for payment
of the Loans, or require Bank to make any loans or other extensions of credit to the Borrower
or Guarantor after termination of the Forbearance and Modification Period. In the event of any
inconsistency between the terms of this Agreement and the Commercial Note #1, Commercial
Note #2, Business Note or Mortgage, and any and all other documents related to the Loans, this
Agreement shall govern. Borrower and Guarantor acknowledge that they have consulted with
counsel and with such other experts and advisors as they have deemed necessary in connection
with the negotiation and delivery of this Agreement. This Agreement shall be construed
without regard to any presumption or rule requiring that it be construed against the party
causing this Agreement or any part hereof to be drafted.
7. Future Assurances - Borrower and Guarantor agree to execute such other and ftirther
documents and instruments as Bank may request to implement the provisions of this
Agreement and to perfect and to protect the liens and security interests created by the
Commercial Note 41, Commercial Note #2, Business Note, Security Agreements and Mortgage
and any and all other documents related to the Loans.
8. Entire Agreement - This Agreement reflects the entire understanding of the parties
with respect to the subject matter herein contained and supersedes any prior agreements,
whether written or oral, in regard thereto.
9. Full Force and Effect - Except as expressly modified herein, all terms of the
Commercial Note #1, Commercial Note #2, Business Note, Mortgage and Surety Agreements,
and all documents related to the Loans, shall be and shall remain in full force and effect and
shall constitute the legal, valid, binding and enforceable obligations of Borrower and Guarantor
to Bank.
10. Waiver - This Agreement is not intended to operate as, and shall not be construed
as, a waiver of any event of default, whether known to the Bank or unknown, as to which all
rights of the Bank shall remain reserved.
11. Governing Law - This Agreement shall be governed by, and shall be construed in
accordance with, the internal substantive laws of the Commonwealth of Pennsylvania without
regard to the choice of law principles of such state.
12. WAIVER OF RIGHT TO JURY TRIAL - BORROWER AND GUARANTOR
WAIVE TRIAL BY JURY AND CONSENT TO THE GRANTING OF SUCH LEGAL OR
EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY A JUDGE OF A COURT OF
COMPETENT JURISDICTION.
13. Counterparts - This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which, taken together, shall constitute one of the same
agreement among the parties.
14. Binding Nature - This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns.
15. Captions - The captions to the sections and paragraphs of this Agreement are for
convenience of the parties only, and are not a part of this Agreement.
16. Time Of the Essence - Time is of the essence under the Agreement
17. CONFESSION OF JUDGMENT - BORROWER AND GUARANTOR HEREBY
IRREVOCABLY AUTHORIZE AND EMPOWER ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF
PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER
AND GUARANTOR, UPON DEFAULT UNDER THE COMMERCIAL NOTE #1,
COMMERCIAL NOTE #2 OR BUSINESS NOTE (THE "NOTES") OR THIS
AGREEMENT, AND WITH OR WITHOUT COMPLAINT FILED AS OF ANY TERM,
CONFESS OR ENTER JUDGMENT AGAINST BORROWER OR GUARANTOR FOR THE
ENTIRE PRINCIPAL BALANCE DUE AND OWING ON THE NOTES AS MODIFIED BY
THIS AGREEMENT, AND ALL ACCRUED INTEREST, TOGETHER WITH COSTS OF
SUIT AND AN ATTORNEYS' COMMISSION OF FIFTEEN PERCENT (15%) OF THE
UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT
IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500.00), AND FOR SO
DOING THE NOTES OR THIS AGREEMENT, OR A COPY OF THE NOTES AND/OR
THIS AGREEMENT, SHALL BE SUFFICIENT WARRANT. BORROWER AND
GUARANTOR AGREE AND UNDERSTAND THAT IN SIGNING THIS AGREEMENT
AND IN THE GRANTING OF THIS WARRANT THEY ARE WAIVING IMPORTANT
LEGAL RIGHTS, INCLUDING THEIR RIGHT TO NOTICE AND HEARING PRIOR TO
ENTRY OF A JUDGMENT AGAINST THEM, AND WAIVE THEIR RIGHT TO NOTICE
AND HEARING PRIOR TO EXECUTION, LEVY, OR GARNISHMENT UPON THEIR
PROPERTY FOR COLLECTION OF THE DEBT DUE HEREUNDER. BORROWER AND
GUARANTOR HAVE REVIEWED THIS PROVISION OF THIS AGREEMENT WITH
10
THEIR ATTORNEY PRIOR TO SIGNING THIS AGREEMENT AND UNDERSTAND THE
FULL FORCE AND EFFECT HEREOF.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date
first above written.
WITNESS:
Samuel A. Calaman, individually
and t/a Calaman's Lawn Service
"Borrower"
?,- .4L .,
J m . Ca aman
" uarantor"
ATTEST:
ALLFIRST BANK
By:
Vivian P. Merenbloom
Vice President
11
COMMONWEALTH OF PENNSYLVANIA:
ss.
COUNTY OF LEBA*Oii On thisls-/-"" day of , 2002, before me, the undersigned
authority, a Notary Public in and for said County and State, personally appeared Samuel A.
Calaman, individually and t/a Calaman's Lawn Service, who acknowledged himself to be the
person whose name is subscribed to the within Forbearance and Modification Agreement, and
acknowledged that he executed the same for the purposes therein contained.
Witness my hand and notarial seal the day and year aforesaid.
Notary Public
Notarial Sea]
Camille M. La Voic, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires Dec. 12. 2005
COMMONWEALTH OF PENNSYLVANIA:
ss.
COUNTY OFN ?n
On this ?c day of all? , 2002, before me, the undersigned
authority, a Notary Public in and for said County and State, personally appeared Juanita E.
Calaman, who acknowledged herself to be the person whose name is subscribed to the within
Forbearance and Modification Agreement, and acknowledged that he executed the same for the
purposes therein contained.
Witness my hand and notarial seal the day and year aforesaid.
Notary Public
Notarial Seal
Camille M. La Voie, Notary Public
Cltx of Harrisburg, Dauphin County
MY txnmisslOn Expires Dec. 12, 2005
Exh?b?+ E
?- b` ? ?
? x?,
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:
1. That Bank is the lawful owner and holder of that certain Business Home Equity Line
executed by Samuel A. Calaman on May 1, 2001, in the original principal sum of
$31,000.00, payable to the order of Allfirst Bank ("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 27th day of October, 2005.
MANUFACTURERS AND TRADERS TRUST
COMPANY uccesssorr ini nterest to Allfrst
Bank / [h I
By: /
Timothy P. Sheehan
Authorized Agent
On the 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 P
ALISON LEE HUTCHINGS
Notary Public, State Of New York
Monroe County
S:\LOANS\Company 54\54250039\Lost Note Affidavit and Assignment.doc Commission Expires February 20, 20¢L?
i? ?
EYbi ?
IV
This instrument prepared by
and after recording, return to:
Pramco 111, 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 MANUFACTURERS AND TRADERS
TRUST COMPANY, for itself and its predecessors in interest, whose address is One
Fountain Plaza, Buffalo, New York 14203-1495 ("Assignor"), to PRAMCO III, 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 Open-End Mortgage dated May 1, 2001, by Samuel A. Calaman
and Juanita E. Calaman, to and for the benefit of Allfirst Bank, recorded in
Book 1708, Page 311, of the public records of Cumberland County,
Pennsylvania (the "Mortgage"), which Mortgage secures that certain
obligation naming Samuel A. Calaman, individually and Trading as
Calaman's Lawn Service, 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 456 Mount Rock Rd.,
Newville, PA and has a Parcel Identification Number of 46-09-0521-006H.
SALOANWompany 54\54250039Wssignment of Note, Mortgage and Other Loan Documents.doc
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.
IN 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.
f lJ i c J "4,
Witness
Wit ess
MANUFACTURERS AND TRADERS TRUST
COMPANY, successor to Ailfirst Bank, as
Assignor
BY:
Timothy P. Sheehan
Its Authorized Agent
I hereby certify, that the precise address of the Assignee, Pramco III, LLC, herein is as follows: 6894
Pittsford-Palmyra Road, 200 CrossKeys Office Park, Suite 30, Fa' rt, New York 14450.
By: &pip
Timothy P. Sheehan
Its Representative
ACKNOWLEDGMENT
STATE OF NEW YORK )
)SS..
COUNTS' OF MONROE )
On the ? day of March, 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. i)k2
tary Pub c
ALISON LEE HUTCHINGS
Notary Public, State Of New York
Monroe County
Commission Expires February 20, 20
S:TOANS\Company 54\54250039\Assignment of Note, Mortgage and Other Loan Documents.doc
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200745541
Recorded On 12/7/2007 At 10:40:48 AM
* Instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number - 10313 User ID - KW
* Mortgagor - MANUFACTURERS & TRADERS TR CO
* Mortgagee - PRAMCO III LLC
* Customer - KAPLIN STEWART ETAL
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $27.00
* Total Pages - 3
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
cuwe ,O
RECORDER O D DS
tyao
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
III AiNiuiiuiu11111ni
VERIFICATION
Timothy P. Sheehan, under penalty of 18 P.S. §4904 (pertaining to unsworn falsification
to authorities) hereby states :
• F am an Authorized Representative of the Plaintiff;
• as such I am authorized to give this verification on the Plaintiff's behalf,
• I have collection responsibility for the loan 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.
77L___ , LLC
By
IMOTHY P. SHEEHAN
Authorized Representative
0 P-.3
0 o
-Ij
SHERIFF'S RETURN - REGULAR
A
CASE NO: 2008-02196 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
CALAMAN SAMUEL A ET AL
--
I-
DAVID MCKINNEY
Cumberland County,Pennsylva
says, the within COMPLAINT
CALAMAN SAMUEL A
DEFENDANT , at 0019:01
at 456 MOUNT ROCK ROAD
NEWVILLE, PA 17241
KRISTEN SMITH
a true and attested copy of
, Sheriff or Deputy Sheriff of
nia, who being duly sworn according to law,
- MORT FORE was served upon
the
HOURS, on the 10th day of April 2008
by handing to
ADULT IN CHARGE
COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 9.00
Affidavit .00
Surcharge .00 R. Thomas Kline
-?
.00
??l >vhF 27. 00 04/11/2008
SRL
Sworn and Subscibed to By: ' 921,nn,
before me this day Deputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
• CASE NO: 2008-02196 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
CALAMAN SAMUEL A ET AL
DAVID MCKINNEY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CALAMAN SAMUEL T/A CALAMAN'S LAWN SERVICE the
DEFENDANT at 0019:01 HOURS, on the 10th day of April 2008
at 456 MOUNT ROCK ROAD
NEWVILLE, PA 17241 by handing to
KRISTEN SMITH ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE together with
.r
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
,4114 Jn P ?- ,j
6.00
.00
.00
.00
6.00
So Answers:
Sworn and Subscibed to
before me this
of
r
R. Thomas Kline
04/11/2008
SRL
By:
day Deputy Sfier'iff
A.D.
a,w? 4"t 4,v ., ? - a,., I- dU'u-
SHERIFF'S RETURN - REGULAR
4f. • ?
CASE N0: 2008-02196 P
-?= COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
CALAMAN SAMUEL A ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CALAMAN JUANITA E the
DEFENDANT , at 0019:01 HOURS, on the 10th day of April 2008
at 456 MOUNT ROCK ROAD
NEWVILLE; PA 17241 by handing to
KRISTEN SMITH ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
.4.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
Affidavit .00
Surcharge .00 R. Thomas Kline
`1?1?(lbY .00
? 6.00
04/11/2008
.?
SRL
Sworn and_Subscibed to By:
before me this day Deputy heriff
of A. D.
-?
-,,on SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02196 P Amended
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
CALAMAN SAMUEL A ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CALAMAN SAMUEL A the
DEFENDANT , at 1901:00 HOURS, on the 10th day of April 2008
at 456 MOUNT ROCK ROAD
NEWVILLE, PA 17241 by handing to
KRISTEN SMITH, ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing 18.00
Service 9.00
Affidavit .00
Surcharge 10.00
.00
a))l'1 10F ? 37.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
04/14/2008
KAPLIN STEWART
By: ? - L -
Deputy Sheriff
A. D.
_..? SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02196 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
CALAMAN SAMUEL A ET AL
Amended
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CALAMAN SAMUEL T/A CALAMAN'S LAWN SERVICE the
DEFENDANT , at 1901:00 HOURS, on the 10th day of April 2008
at 456 MOUNT ROCK ROAD
NEWVILLE, PA 17241 by handing to
KRISTEN SMITH, ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
`11 L 71 I uT C* 16.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
04/14/2008
KAPLIN STEWART
By:
Deputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02196 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
CALAMAN SAMUEL A ET AL
Amended
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CALAMAN JUANITA E the
DEFENDANT , at 1901:00 HOURS, on the 10th day of April , 2008
at 456 MOUNT ROCK ROAD
NEWVILLE, PA 17241
by handing to
KRISTEN SMITH, ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
6.00
.00 '.. 00 10.00 R. Thomas Kline
.00
16.00 04/14/2008
KAPLIN STEWART
?i
By:
day Deputy Sheriff
A.D.
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire
I.D. No. 54286
910 Harvest Drive
Post Offide Box 3037
Blue Bell, PA 19422
610/260-6000 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC
230 Crosskeys Office Park
Fairport, NY 14450
Plaintiff
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants
No. 08-2196 Civil Term
PRAECIPE to ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment in favor of Plaintiff and against Defendants, SAMUEL A.
CALAMAN, individually and trading as CALAMAN'S LAWN SERVICE, and JUANITA E.
CALAMAN, for failure to answer or otherwise respond to the Complaint in Mortgage
Foreclosure.
1. The Complaint in this matter was served upon the Defendants by an authorized
deputy of the Cumberland County Sheriff's Department, on April 10, 2008.
2. True and correct copies of the Sheriff's Returns of Service are attached hereto as
Exhibit "A", incorporated herein by reference.
3. Notices of Intention to Take Default pursuant to Rule 237.1 were sent to the
Defendants, at their service addresses, on May 1, 2008.
4. A true and correct copy of the aforementioned Notices (with proofs of their
mailing) are attached hereto as Exhibit "B", incorporated herein by reference.
Enter judgment in favor of the Plaintiff, and against the Defendants, and assess damages
as set forth below, plus additional interest, attorneys' fees and costs.
Original Prayer (from Complaint) $25,014.28
Interest 4/7/08 to 5/12/08 (35 days @ $4.76 per diem) 166.60
TOTAL $25,180.88
(Interest will continue to accrue at a per diem rate of $4.76).
T MELfWF REITER & STEIN, P.C.
By:
William J.
i ff
JUDGMENT ENTERED AS ABOVE, THIS 16 DAY OF "91 , 2008.
pro Pr o tart'
KAPLIN STEWART MELOFF REITER & STEIN, 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 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
vs.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
Defendants
No. 08-2196 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE
William J. Levant, Esquire, under penalty of 18 Pa. C.S. §4904, deposes and says that he
is attorney for the Plaintiff; that he is authorized to make this affidavit on behalf of Plaintiff,
that the above named defendants' last known addresses are set forth below, and that the
Defendants are natural persons, and are not in the Military Service of the United States, nor
any State or Territory thereof or its allies as defined in the Servicepersons' Civil Relief Act
of 2003, as shown on the attached reports.
Affiant also certifies that the address of the Plaintiff is 230 Crosskeys Office Park,
Fairport, NY 14450.
Samuel A. Calaman
i/t/a Calaman's Lawn Service
456 Mount Rock Road
Newville, PA 17241
'STEIN, P.C.
Juanita E. Calaman
456 Mount Roack Road
Newville, PA 17241
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 1
MAY-13-2008 12:17:10
Last Name First/Middle Begin Date Active Duty Status Service/Agency
CALAMAN JUANITA Based on the information you have furnished, the DMDC does not possess any
information indicating that the individual is currently on active duty.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the
information that you provided, the above is the current status of the individual as to all branches of the
Military.
14
Aput 'Fit.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains
the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of
data on eligibility for military medical care and other eligibility systems.
The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50
USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has
issued hundreds of thousands of "does not possess any information indicating that the individual is currently on
active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or
any family member, friend, or representative asserts in any manner that the individual is on active duty, or is
otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of
the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL
provided below. If you have evidence the person is on active-duty and you fail to obtain this additional
Military Service verification, provisions of the SCRA may be invoked against you.
If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name),
you can submit your request again at this Web site and we will provide a new certificate for that query.
This response reflects current active duty status only. For historical information, please contact the Military
Service SCRA points-of-contact.
See: httlr/!w.ww.defen5elink,tail/faq/pis/'PC09SI,DR.htm1
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the
requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:BNBEVPXCYMW
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/13/2008
EXHIBIT "A"
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02196 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
CALAMAN SAMUEL A ET AL
Amended
DAVID MCKINNEY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT g o law,
- MORT FORE was served upon
CALAMAN SAMUEL A
the
DEFENDANT
at 1901:00 HOURS, on the 10th day of April
at 456 MOUNT ROCK ROAD 2008
NEWVILLE, PA 17241
by handing to
KRISTEN SMITH,
ADULT IN CHARGE
a true and attested copy of COMPLAINT
- MORT FORE together with
and at the same time directing Her attention to the contents th
Amended ereof.
Sheriff's Costs:
Docketing So Answers:
Service 18.00
Affidavit 9.00
Surcharge 00
10.00 R. Thomas Kline
00
37.00 04/14/2008
KAPLIN STEWART
Sworn and Subscibed to
By:
before me this day
Deputy Sheriff
of
?_ A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02196 P
Amended
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
CALAMAN SAMUEL A ET AL
DAVID MCKINNEY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
CALAMAN SAMUEL T/A CALAMAN'S LAWN SERVICE
the
DEFENDANT , at 1901:00 HOURS, on the loth day of April 2008
at 456 MOUNT ROCK ROAD
NEWVILLE, PA 17241
by handing to
KRISTEN SMITH, ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
04/14/2008
KAPLIN STEWART
By:
Deputy Sheriff
, ---_ A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02196 P
Amended
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
CALAMAN SAMUEL A ET AL
DAVID MCKINNEY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT
- MORT FORE was served upon
CALAMAN JUANITA E
the
DEFENDANT -
at 1901.00 HOURS, on the 10th day of April
at 456 MOUNT ROCK ROAD 2008
NEWVILLE, PA 17241
by handing to
KRISTEN SMITH,
ADULT IN CHARGE
a true and attested copy of COMPLAINT
- MORT FORE together with
and at the same time directing Her attention the contents thereof.
Amended
Sheriff's Costs:
Docketing So Answers:
Service 6.00
Affidavit 00
0 0
Surcharge .
10.00
R. Thomas Kline
.00
16.00 04/14/2008
KAPLIN STEWART
Sworn and Subscibed to
before me this
d By:
?
ay
Deputy ??
Sheriff
of
EXHIBIT "B"
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By : William J. Levant, Esquire 1. D. No. 54286
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422
(610) 260-6000
PRAMCO III, LLC
Plaintiff
vs.
SAMUEL A. CALAMAN, et als
Defendants
DATE OF NOTICE: May 1, 2008
To: SAMUEL A. CALAMAN
i/t/a Calaman's Lawn Service
456 Mount Rock Road
Newville, PA 17241
IMPORTANT NOTICE
WITH PROOF of MAILING
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHINIO DAYS FROM THE DATE of THIS
NOTICE, a JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
and YOU MAY LOSE YOUR PROPERTY or OTHER IMPORTANT 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERENCE SERVICE - CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
KAPLIN STEWART IMELOFF REITER & STEIN, 1). C.
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: No.08-2196 Civil term
By: ?, / x111 d A i f j EIVA21'r
6611-31 wjl WILLIAM J. LEVANT, ESQUIRE
U.S. POSTAL SERVICE fx fee here in stamps or meter
l
CERTIFICATE OF MAILING -stage and post mark. Inquire
?
t
ostrnasteT for current fee.
fp
AY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES
OT PROVIDE FOR INSURANCE-POSTMASTER
Received From: WJL 9267-52
Kaplin Stewart Meloff Reiter & Stein, P.C.
910 Harvest Drive
P.O. Box 3037
u.E
Blue Bell, PA 19422-0765 ;, 6 <v? << t
One piece of ordinary mail addressed to:
W, O
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?".. 4i. a.
cf7
"
Samuel A. Calaman
i/t/a Calaman's Lawn Service
456 Mount Rock S
e e, PA 2
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S Form 3817, Mar. 1989 * U.S. GPO: 1989-242-531/05281
SKR/61 1 7/24/1 272994v1 05/01/2008
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By : William J. Levant, Esquire 1. D. No. 54286
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422
(610) 260-6000
PRAMCO III, LLC
vs.
Attorney for Plaintiff
COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PA
SAMUEL A. CALAMAN, et als
Defendants
No.08-2196 Civil term
DATE OF NOTICE: May 1, 2008
To: JUANITA E. CALAMAN
456 Mount Rock Road WITH PROOF of MAILING
Newville, PA 17241
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN10 DAYS FROM THE DATE of THIS
NOTICE, a JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
and YOU MAY LOSE YOUR PROPERTY or OTHER IMPORTANT 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERENCE SERVICE - CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By: /S/ WILLIAM J. LEVANT
WILLIAM J. LEVANT, ESQUIRE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PRAMCO III, LLC
230 Crosskeys Office Park
Fairport, NY 14450
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff
vs.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants
TO: JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
No. 08-2196 Civil Term
NOTICE
Notice is given that a Judgment in the above-captioned matter has been
entered against you, on
PR THONOT RY
By:
3?/?/o g
If you have any questions concerning the above, please contact:
Attorney of PartFilin
WILLIAM J. LEVANT, Esquire
Address
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
910 Harvest Drive
City, State, Zip Code
BLUE BELL, PA 19422
Telephone Number
(610)260-6000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PRAMCO III, LLC
230 Crosskeys Office Park
Fairport, NY 14450
Plaintiff
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants
TO: SAMUEL A. CALAMAN
i/t/a Calaman's Lawn Service
456 Mount rock Road
Newville, Pa 17241
No. 08-2196 Civil Term
NOTICE
Notice is given that a Judgment in the above-captioned matter has been
entered against you, on
ONOTARY
By:
/l&/D9
If you have any questions concerning the above, please contact:
Attorney of PaLty Filing
WILLIAM J. LEVANT, Esquire
Y
Address
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
910 Harvest Drive
City, State. Zip Code
BLUE BELL, PA 19422
Telephone Number
(610)260-6000
k-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL DIVISION
PRAMCO III. LLC
Plaintiff
VS.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 08-2196 Civil Term
PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE
TO THE PROTHONOTARY OF THE SAID COURT:
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for
debt, interest and costs, upon the following described property of the defendants:
456 Mount Rock Road, West Pennsboro Township, Newville, PA 17241 (Parcel #46-
09-0521-006H), a property description of which is attached as Exhibit "A" hereto.
Amount due: $25,180.88
Interest from: 854.76
5/16/08 - 12/10/08
Atty's Comm:
Costs
TOTAL $26,035.64
KAPLIN, STEWART, MELOFF, REITER and STEIN, P.C.
910 Harvest Dr.
Post Of l Box 3037
J31ue Bell, A 194 2-0765
Dated: 8/28/08
. No. 54286)
40 jok.
A
vv0?
C3 0
3
Q 10
hcs r?
00
KAPLIN STEWART MELOFF REITER & STEIN, 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 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
VS.
No. 08-2196 Civil Term
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
William J. Levant, Esquire, attorney for the Plaintiff in the above action, being duly sworn
according to law, deposes and says that he is authorized to make this Affidavit on behalf of Plaintiff;
and that the following information concerning that certain tract of real property known as: 456
Mount Rock Road, West Pennsboro Township, Newville, PA 17241 (Parcel #46-09-0521-006H),
a property description of which is attached as Exhibit "A" is true and correct to the best of his
knowledge, information and belief as of the date the Praecipe for Writ of Execution was filed.
1. Name and address of owner(s) or reputed owner(s):
SAMUEL A. CALAMAN
456 Mount Rock Road
Newville, PA 17241
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
2. Name and address of Defendant(s) in the judgment:
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
456 Mount Rock Road
Newville, PA 17241
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
3. Name and last known address of everyjudgment creditor whose judgment is a record lien
on the real property to be sold:
Pramco III, LLC
6894 Pittsford Palmyra Road
230 Crosskeys Office Park
Fairport, NY 14450
Peerless Insurance Co.
62 Maple Ave.
Keene, NH 03434
Robert D. Kodak, Esquire
Kodak & Imblum PC
407 N. Front St.
P.O. Box 11848
Harrisburg, PA 17108-1848
Capital One Bank
6851 Jericho Turnpike #190
Syosset, NY 11791
James C. Warmbrodt, Esquire
Wellman Weinberg et al
436 Seventh Ave., Ste. 1400
Pittsburgh, PA 15219
Capital One Bank
P.O. Box 85147
Richmond, VA 23285
William T. Molczan, Esquire
Wellman, Weinberg & Reis
1400 Koppers Building
Pittsburgh, PA 15219
Unifund CCR Partners
10625 Techwoods Circle
Cincinnati, OH 45242
Frederic I. Weinberg, Esquire
Gordon & Weinberg, PC
1001 E. Hector St., Ste 220
Conshohocken, PA 19428
Commonwealth of PA
Department of Revenue
Bureau of Compliance
P.O. Box 280948
Harrisburg, PA 17128-0948
Commonwealth of PA
Department of Labor and Industry to the Use
of the Unemployment Compensation Fund
P.O. Box 60848
Harrisburg, PA 17106-0848
4. Name and address of the last recorded holder of every mortgage of record:
Pramco III, LLC
6894 Pittsford Palmyra Road
230 Crosskeys Office Park
Fairport, NY 14450
Dollar Bank, fsb
3 Gateway Ctr. - 9th Floor
Pittsburgh, PA 15222
5. Name and address of every other person who has any record lien on the property:
Tax Claims Bureau
1 Courthouse Sq.
Old Courthouse
Carlisle, PA 17013
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:
Deborah W. Piper, Tax Collector
West Pennsboro Township
2150 Newville Rd.
Carlisle, PA 17013
Thomas Sheaffer
18 Brenneman Circle
Mechanicsburg, PA 17055
Cheri Sheaffer
18 Brenneman Circle
Mechanicsburg, PA 17055
Towaway Express, Inc.
18 Brenneman Circle
Mechanicsburg, PA 17055
American Trailer Transportations
18 Brenneman Circle
Mechanicsburg, PA 17055
Trailer Transport, Inc.
18 Brenneman Circle
Mechanicsburg, PA 17055
Jordan D. Cunningham, Esquire
Cunningham & Chernicoff, P.C.
2320 N. 2nd Street
P.O. Box 60457
Harrisburg, PA 17106-0457
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:
Tenant/Occupant
456 Mount Rock Road
Newville, PA 17241
STEWART MELOFF REITER & STEIN, P.C.
By
Sworn to and subscribed
before me this 28'
of August, 2008.
Notary Public
OMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
L.WChIlpin Lisa M. Lapenna. Notary Pubik
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All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southem dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I. D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN STEWART MELOFF REITER & STEIN, 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 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 08-2196 Civil Term
vs.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
Defendants
CERTIFICATION AS TO THE SALE OF REAL PROPERTY
I, William J. Levant, Esquire, hereby certify that I am the attorney of record for the
plaintiff in this action against real property and further certify this property is :
[x ] Not subject to Act 91 of 1983;
[ ] Subject to Act 91 of 1983 and the plaintiff has complied with all the
provisions of the Act.
I further agree to indemnify and hold harmless the Sheriff of Cumberland County for
any false statement given herein.
STEW T MELOFF REITER & STEIN, P.C.
P4 kA? j
William J.
`-
C? Win:
?l
KAPLIN STEWART MELOFF REITER & STEIN, 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 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC
Plaintiff
vs.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 08-2196 Civil Term
CERTIFICATION
I hereby certify the precise last-known addresses of the parties are as set forth
below:
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
456 Mount Rock Road
Newville, PA 17241
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
KAPLIN STEWWART MELOFF REITER & STEIN, P.C.
ar:?lUir0V'-?6-
William
-- CC,
.r-
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire
I.D. No. 54286
910 Harvest Drive , P. 0. Box 3037
Blue Bell, PA 19422
6101260-6000
Telecopier (610)684-2020
PRAMCO III, LLC
VS.
Plaintiff
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: No. 08-2196 Civil Term
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
Defendants
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: SAMUEL A. CALAMAN, trading as
CALAMAN'S LAWN SERVICE
456 Mount Rock Road
Newville, PA 17241
Re: $25,000.00 Note and Mortgage dated May 1, 2001 in favor of Allfirst Bank,
now held by Pramco III, LLC
That certain tract of real property known as: 456 Mount Rock Road, West Pennsboro
Township, Newville, PA 17241 (Parcel #46-09-0521-006H), a property description of which is
attached as Exhibit "A" hereto, is scheduled to be sold at Sheriffs Sale on WEDNESDAY,
DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the Cumberland County Courthouse,1
Courthouse Square, Carlisle, PA 17013, to enforce the judgment in mortgage foreclosure of
$25,180.88 obtained by the Plaintiff on May 16, 2008, plus interest through the sheriff s sale
date, plus costs.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Plaintiff the entire balance due, plus
costs and attorneys' fees due and owing. To find out how much you must pay,
you may call: William J. Levant, Esquire, at (610) 260-6000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the
more chance you will have of stopping the sale. (See notice below on how to obtain an
attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
If the Sheriffs Sale is not stopped, the property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at: (717)240-6390.
2. You may still be able to petition the Court to set aside the sale if the bid price
was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call the Sheriff at (717)240-
6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
You have the right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money that was paid for your property. A
schedule of distribution of the money bid for your property will be filed by the
Sheriff no later than 30 days after the sale. This schedule will state who will be
receiving that money. The money will be paid out in accordance with this
schedule unless exceptions (reasons why the proposed distributions may be
wrong) are filed with the Sheriff within ten (10) days after the schedule of
distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
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
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southem dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 881 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southern dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H ,
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
J
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire
I.D. No. 54286
910 Harvest Drive, P.O. Box 3037
Blue Bell, PA 19422
610/260-6000 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC
VS.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
Defendants
No. 08-2196 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Re: $25,000.00 Note and Mortgage dated May 1, 2001 in favor of Allfirst Bank,
now held by Pramco III, LLC
That certain tract of real property known as: 456 Mount Rock Road, West Pennsboro
Township, Newville, PA 17241 (Parcel #46-09-0521-006H), a property description of which is
attached as Exhibit "A" hereto, is scheduled to be sold at Sheriffs Sale on WEDNESDAY,
DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the Cumberland County Courthouse,1
Courthouse Square, Carlisle, PA 17013, to enforce the judgment in mortgage foreclosure of
$25,180.88 obtained by the Plaintiff on May 16, 2008, plus interest through the sheriffs sale
date, plus costs.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Plaintiff the entire balance due, plus
costs and attorneys' fees due and owing. To find out how much you must pay,
you may call: William J. Levant, Esquire, at (610) 260-6000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the
more chance you will have of stopping the sale. (See notice below on how to obtain an
attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
If the Sheriffs Sale is not stopped, the property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at: (717)240-6390.
2. You may still be able to petition the Court to set aside the sale if the bid price
was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call the Sheriff at (717)240-
6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
You have the right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money that was paid for your property. A
schedule of distribution of the money bid for your property will be filed by the
Sheriff no later than 30 days after the sale. This schedule will state who will be
receiving that money. The money will be paid out in accordance with this
schedule unless exceptions (reasons why the proposed distributions may be
wrong) are filed with the Sheriff within ten (10) days after the schedule of
distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
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
I
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 881 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 1 0A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-2196 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PRAMCO III, LLC Plaintiff (s)
From SAMUEL A. CALAMAN, INDIVIDUALLY AND TRADING AS CALAMAN'S LAWN
SERVICE AND JUANITA E. CALAMAN,
(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 property 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 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) 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$25,180.88
L.L.$.50
Interest FROM 5/16/08 -12/10/08 - $854.76
Atty's Comm %
Atty Paid $227.00
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: AUGUST 29, 2008
(Seal)
Curtis R. Long, Prothonotary
By: CC.wc.cl - J L'&?
Deputy
REQUESTING PARTY:
Name WILLIAM J. LEVANT, ESQUIRE
Address: KAPLIN, STEWART, MELOFF, REITER AND STEIN, P.C.
910 HARVEST DR., POST OFFICE BOX 3037, BLUE BELL, PA 19422-0765
Attorney for: PLAINTIFF
Telephone: 610-260-6000
Supreme Court ID No. 54286
•
KAPLIN STEWART MELOFF REITER & STEIN, 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 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
VS.
No. 08-2196 Civil Term
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
Defendants
AFFIDAVIT OF SERVICE 3129.2(c)
I, William J. Levant, Esquire, attorney for the Plaintiff in the within matter, hereby
certify that on the 10' day of November, 2008, a true and correct copy of the Notice of
Sheriff s Sale Affecting your Property Interest was served on all pertinent lienholders listed
below, as set forth in the Affidavit Pursuant to 3129 filed within.
Pramco 111, LLC
6894 Pittsford Palmyra Road
230 Crosskeys Office Park
Fairport, NY 14450
Peerless Insurance Co.
62 Maple Ave.
Keene, NH 03434
Robert D. Kodak, Esquire
Kodak & Imblum PC
407 N. Front St.
P.O. Box 11848
Harrisburg, PA 17108-1848
i
Capital One Bank
6851 Jericho Turnpike #190
Syosset, NY 11791
James C. Warmbrodt, Esquire
Weltman Weinberg et al
436 Seventh Ave., Ste. 1400
Pittsburgh, PA 15219
Capital One Bank
P.O. Box 85147
Richmond, VA 23285
William T. Molczan, Esquire
Weltman, Weinberg & Reis
1400 Koppers Building
Pittsburgh, PA 15219
Unifund CCR Partners
10625 Techwoods Circle
Cincinnati, OH 45242
Frederic I. Weinberg, Esquire
Gordon & Weinberg, PC
1001 E. Hector St., Ste 220
Conshohocken, PA 19428
Commonwealth of PA
Department of Revenue
Bureau of Compliance
P.O. Box 280948
Harrisburg, PA 171284948
Commonwealth of PA
Department of Labor and Industry to the Use
of the Unemployment Compensation Fund
P.O. Box 60848
Harrisburg, PA 17106-0848
Dollar Bank, fsb
3 Gateway Ctr. - 9th Floor
Pittsburgh, PA 15222
Tax Claims Bureau
1 Courthouse Sq.
Old Courthouse
Carlisle, PA 17013
w
Deborah W. Piper, Tax Collector
West Pennsboro Township
2150 New ville Rd.
Carlisle, PA 17013
Thomas Sheaffer
18 Brenneman Circle
Mechanicsburg, PA 17055
Cheri Sheaffer
18 Brenneman Circle
Mechanicsburg, PA 17055
Towaway Express, Inc.
18 Brenneman Circle
Mechanicsburg, PA 17055
American Trailer Transportations
18 Brenneman Circle
Mechanicsburg, PA 17055
Trailer Transport, Inc.
18 Brenneman Circle
Mechanicsburg, PA 17055
Jordan D. Cunningham, Esquire
Cunningham & Chernicoff, P.C.
2320 N. 2nd Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Tenant/Occupant
456 Mount Rock Road
Newville, PA 17241
Copies of the letters and cer ' tes of mailing are attached hereto.
STEWAR/f MVLOFF REITER & STEIN, P.C.
William J.
Attorneys
Sworn to and subscribed
before me this 20t' day
of Nove er, 2008
Notary Public
COMMOWVM... of PEMwsnvnr-1A
- _Not w Sam
Lisa M. LapWM. Notary PUNC
Y?R Tvrp..
mcn%pywry vNovo 13 2012
MY Canes gpodaMon of NolerMa
morAw. P
KAPLIN•STEWART
Attomeys at Law
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAX (610) 684-2020
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD.
CHERRY HILL, NJ 08002
(856) 675-1550
FAX (856) 675-1551
Pramco III, LLC
6894 Pittsford Palmyra Road
230 Crosskeys Office Park
Fairport, NY 14450
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 17241 (Parcel #46-09-0521-006H)
(As described on the attached property-description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland Count C C P No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
www.kaplaw.com Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriff s Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff s sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
/s/ "JiMOUlb"tLEVANT
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southem dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan,.North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H ,
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
Attomeys at Law
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
Peerless Insurance Co.
910 Harvest Dr. 62 Maple Ave.
P. O. Box 3037 Keene, NH 03434
Blue Bell, PA 19422-0765
(610) 260-6000 NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
Fax (610) 6842020
_ To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
STE. 310 LIBERTY VIEW Owner: Samuel A. Calaman and Juanita E. Calaman
457 HADDONFIELD RD. Property: 456 Mount Rock Road, West Pennsboro Township,
CHERRY HILL, NJ 08002 Newville, PA 17241 (Parcel #46-09-0521-006H)
675- 1X50 (As described on the attached property description)
Fax (856) 675-1551
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C.C.P. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013
www.kaplaw.com
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff s sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
/? fam J: Le'vantVA1?JT
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 88° 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77.fPPk to__ point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H -
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
Attorneys at Law
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAx (610) 684-2020
Robert D. Kodak, Esquire
Kodak & Imblum PC
407 N. Front St.
P.O. Box 11848
Harrisburg, PA 17108-1848
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD. From: William J. Levant, Esquire, Attorney for Plaintiff
CHERRY HILL, NJ 08002 Owner: Samuel A. Calaman and Juanita E. Calaman
Property-
_456 Mount Rock Road, West Pennsboro Township,
(s5s)67515s Newville, PA 17241 Parcel #46-09-0521-006
FAX (856) 675-1551 1 (As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C.C.P. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
www.kaplaw.com WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriffs sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
/S/ WILLIAM J. LEVANT
Al William J. Levant
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 881 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
_ Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H ,
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
Attomeys at Law
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
Capital One Bank
910 Harvest Dr. 6851 Jericho Turnpike # 190
P. O. Box 3037 Syosset, NY 11791
Blue Bell, PA 19422-0765
(610) 260-6000 NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
FAX (610) 684-2020
_ To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
STE. 310 LIBERTY VIEW Owner: Samuel A. Calaman and Juanita E. Calaman
457 HADDONFIELD RD. Property: 456 Mount Rock Road, West Pennsboro Township,
CHERRY HILL, NJ 08002 Newville, PA 17241 (Parcel #46-09-0521-006H)
(As described on the attached prorPrty description)
(856)675-1550
FAX (856) 675-1551
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
_ Service and Juanita E. Calaman
Cumberland County C C P No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013
www.kaplaw.com Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
/S/ WILLIAM J. LEVANT
/s/ William J. Levant
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated nght-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H ,
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAX (610) 684-2020
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD.
CHERRY HILL, NJ 08002
(856) 675-1550
FAx (856) 675-1551
James C. Warmbrodt, Esquire
Weltman Weinberg et al
436 Seventh Ave., Ste. 1400
Pittsburgh, PA 15219
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 17241 (Parcel #46-09-0521-006H)
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C.C.P. No. 08-2196
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
PLIN STEWART MELOFF REITER & STEIN, P.C.
/ WILLIAM J. LEVANT
Attorneys at Law
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
www.kaplaw.com Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013
/s/ William J. Levant
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 101 00' 17" West,_ 704 77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H ,
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
Attorneys at Law
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAx (610) 684-2020
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD.
CHERRY HILL, NJ 08002
(856) 675-1550
FAx (856) 675-1551
Capital One Bank
P.O. Box 85147
Richmond, VA 23285
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 17241 (Parcel #46-09-0521-006H)
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C C P No 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
Cumberland County Courthouse,1 Courthouse Square, Carlisle, PA 17013
www.kaplaw.com Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff s sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
/S/ WILLIAM J. L?VANT
/s/ William J Levant
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 881 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and LOA on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said rigrt __
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberiand County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAx (610) 6842020
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD.
CHERRY HILL, NJ 08002
(856) 675-1550
FAX (856) 675-1551
William T. Molczan, Esquire
Weltman, Weinberg & Reis
1400 Koppers Building
Pittsburgh, PA 15219
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 17241. (Parcel #46-09-0521-006H)
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Caaamants Lawn
Service and Juanita E. Calaman
Cumberland County C.C.P. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
www.kaplaw.com Cumberland County Courthouse, l Courthouse Square, Carlisle, PA 17013
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
I%YkIN STEWART MELOFF REITER & STEIN, P.C.
ILLIAM J. LEVANT
Al William J. Levant
By: William J. Levant
Attorneys at Law
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southem dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
5 fllhem dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H ,
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
Attorneys at Law
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
Unifund CCR Partners
910 Harvest Dr. 10625 Techwoods Circle
P. O. Box 3037 Cincinnati, OH 45242
Blue Bell, PA 19422-0765
(610) 260-6000 NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
FAx (610) 684-2020
_ To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
STE. 310 LIBERTY VIEW Owner: Samuel A. Calaman and Juanita E. Calaman
457 HADDONFIELD RD. Property: 456 Mount Rock Road, West Pennsboro Township,
CHERRY HILL, NJ 08002 Newville, PA 17241 (Parcel #46-09-0521-006H)
(As described on the attached property descriptions
(856) 675-1550
FAX (856) 675-1551
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C.C.P. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013
www.kaplaw.com Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
1yJA&q;'j&Ny4)AlIErLOFF REITER & STEIN, P.C.
Al William J. Levant
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southem dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way 1.:-.t -` .sait!-Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, FA.
Title to said premises is vested in Samuel A. Calaman and Juanita E_ Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAx (610) 684-2020
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD.
CHERRY HILL, NJ 08002
(856j?37•:?-fi5s?ir--
FAX (856) 675-1551
Frederic I. Weinberg, Esquire
Gordon & Weinberg, PC
1001 E. Hector St., Ste 220
Conshohocken, PA 19428
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wievant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 17241 (Parcel #46-09-0521-006H)
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Caaaman's Lawn
Service and Juanita E. Calaman
Cumberland County C.C.P. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
www.kaplaw.com Cumberland County Courthouse,1 Courthouse Square, Carlisle, PA 17013
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff s sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
/S/ WiUJAty[ J. 1-F- ANT
Al William J. Levant
By : William J. Levant
Attomeys at Law
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 191 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thencT"along°sa d right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
Attorneys at Law
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAX (610) 684-2020
Commonwealth of PA
Department of Revenue
Bureau of Compliance
P.O. Box 280948
Harrisburg, PA 17128-0948
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
STE. 310 LIBERTY VIEW To: All Parties in Interest and Claimants
457 HADDONFIELD RD. From: William J. Levant, Esquire, Attorney for Plaintiff
CHERRY HILL, NJ 08002 Owner: Samuel A. Calaman and Juanita E. Calaman
Property: ,,. 456 Mount Rock Road, West Pennsboro Township,
1. (856) FAx 5-1550
(8856) 56) 6 6751551 Newville, PA 17241 Parcel #46-09-0521-006H
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C.C.P. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
www.kaplaw.com WEDNESDAY, DECEMBER 10, 2008, at 10;00 a.m. o'clock, at the
Cumberland County Courthouse,) Courthouse Square, Carlisle, PA 17013
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
PLIN STEWART MELOFF REITER & STEIN, P.C.
/ WILLIAM J. LEVANT
Al William J. Levant
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWA.RT
Attorneys at Law
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAx (610) 684-2020
Commonwealth of PA
Department of Labor and Industry to the Use
of the Unemployment Compensation Fund
P.O. Box 60848
Harrisburg, PA 17106-0848
William I Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD. From: William J. Levant, Esquire, Attorney for Plaintiff
CHERRY HILL, NJ 08002 Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
675
(s5s>
155 Newville, PA 17241 (Parcel 446-69-0521-006H)
-1551 1
FAx (856)
675
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C.C.P. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
www.kaplaw.com WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
/S/ WILLIAM J. LEVANT
/s/ William J. Levant
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 881 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 10° 00' 17" West, 704.77 feet to a point on the
Southem dedicated,,Jght, o; ti,ay line of said Mt. Rock Road; thence along said right-
of-way line, South 841 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I. D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville-, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
Attorneys at Law
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAx (610) 684-2020
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD.
CHERRY HILL, NJ 08002
'x,256) 675-1550
FAX (856) 675-1551
Dollar Bank, fsb
3 Gateway Ctr. - 9th Floor
Pittsburgh, PA 15222
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 17241 (Parcel #46-09-0521-006H)
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland Count C C P No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013
www.kaplaw.com Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
/S/ WILLIAM J. LEVANT
/s/ William J. Levant
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rocir )toad; t fence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
Attorneys at Law
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAx (610) 684-2020
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD.
CHERRY HILL, NJ 08002
(856) 675-1550
FAx (856) 675-1551
Tax Claims Bureau
1 Courthouse Sq.
Old Courthouse
Carlisle, PA 17013
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 17241 (Parcel #46-09-0521-006H)
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C C P No 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
www.kaplaw.com Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
"Y 1 PART MELOFF REITER & STEIN, P.C.
1 LEVANT
/s/ William J. Levant
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southem dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said right'
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAx (610) 684-2020
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD.
CHERRY HILL, NJ 08002
-(856) 675-1550
FAx (856) 675-1551
Deborah W. Piper, Tax Collector
West Pennsboro Township
2150 Newville Rd.
Carlisle, PA 17013
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 1,7241 (Parcel #46-09-0521-006H)
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C.C.P. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
www.kaplaw.com Cumberland County Courthouse, l Courthouse Square, Carlisle, PA 17013
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
1CMW, STEWART MELOFF REITER & STEIN, P.C.
ILLIAM J. LEVANT
/s/ William J. Levant
By : William J. Levant
Attomeys at Law
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 88° 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 10° 00' 17" West, 704.77 feet to a point on the
Southern d!^dicat'?d right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I. D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
Attorneys at Law
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
Thomas Sheaffer
910 Harvest Dr. 18 Brenneman Circle
P. O. Box 3037 Mechanicsburg, PA 17055
Blue Bell, PA 19422-0765
(610) 260-6000 NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
Fax (610) 684-2020
_ To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD. Property: 456 Mount Rock Road, West Pennsboro Township,
CHERRY HILL, NJ 08002 Newville, PA 17241 (Parcel #46-09-0521-006H)
(As described on the attached property descri ptiQn.?_.^
?'
(856) 675-1550 -
FAx (856) 675-1551
Pramco III, LLC v.
Samuel A. Calaman individually and t/a Calaman's Lawn
_ Service and Juanita E. Calaman
Cumberland Count y C.C.F. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013
www.kaplaw.com Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
K-PI STEWART MELOFF REITER & STEIN, P.C.
to-MV J. LEE ANT
/s/ William J. Levant
By: William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southem dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line or " a:b-fl.t.-i-pock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point,, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAX (610) 684-2020
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD.
CHERRY HILL, NJ 08002
Attomeys at Law
Cheri Sheaffer
18 Brenneman Circle
Mechanicsburg, PA 17055
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
(856)675-158'
FAY (856) 675-1551
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 17241 (Parcel #46-09-0521-006H)
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C.C.P. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
Cumberland County Courthouse,1 Courthouse Square, Carlisle, PA 17013
www.kaplaw.com Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
/,5/ WILLIAM J. LEVANT
Al William J. Levant
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southem dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 10° 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence alang`said-rig'ht-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I. D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAx (610) 6842020
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD.
CHERRY HILL, NJ 08002
(856) 675-1550
FAX (856) 675-1551
Towaway Express, Inc.
18 Brenneman Circle
Mechanicsburg, PA 17055
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 17241 (Parcel 446-09-0521-006H)
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C C.P. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
www.kaplaw.com Cumberland County Courthouse,1 Courthouse Square, Carlisle, PA 17013
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
/S/ WILLIM J. LEVANT
/s/ William J. Levant
By : William J. Levant
Attorneys at Law
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
col+them dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E_ Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAX (610) 684-2020
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD.
CHERRY HILL, NJ 08002
(856) 675-1550
FAX (856) 675-1551
American Trailer Transportations
18 Brenneman Circle
Mechanicsburg, PA 17055
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 17241 (Parcel #46-09-0521-006H)
(As described on the attached property descriotion)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C C P No 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
Cumberland County Courthouse,1 Courthouse Square, Carlisle, PA 17013
www.kaplaw.com Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff s sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
Attorneys at Law
/S/ WIL LI , J L
. '"?,J€iNT
/s/ William evani
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southern dedicated right:?rjf-wa7-ftm of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I. D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAx (610) 684-2020
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD.
CHERRY HILL, NJ 08002
_(856!V5-1550
FAx (856) 675-1551
Trailer Transport, Inc.
18 Brenneman Circle
Mechanicsburg, PA 17055
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
Owner: Samuel A. Calaman and Juanita E. Calaman
Property: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 17241 (Parcel #46-09-0521-006H)
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C C P No 08-2196
_ The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
www.kaplaw.com Cumberland County Courthouse,1 Courthouse Square, Carlisle, PA 17013
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAt IN S TEEWART MELOFF REITER & STEIN, P.C.
WILAM J. LEVANT
/s/ William J. Levant
By : William J. Levant
Attorneys at Law
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southem dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I. D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
Attomeys at Law
910 Harvest Dr.
P. O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
FAx (610) 684-2020
Jordan D. Cunningham, Esquire
Cunningham & Chernicoff, P.C.
2320 N. 2nd Street
P.O. Box 60457
Harrisburg, PA 17106-0457
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
To: All Parties in Interest and Claimants
STE. 310 LIBERTY VIEW
457 HADDONFIELD RD. From: William J. Levant, Esquire, Attorney for Plaintiff
CHERRY HILL, NJ 08002 Owner: Samuel A. Calaman and Juanita E. Calaman
Property:. 456 Mount Rock Road, West Pennsboro Township,
(856) 675-1550 Newville, PA 17241 (Parcel #46-09-0521-006H)
FAx (856) 675-1551
(As described on the attached property description)
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C.C.P. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
www.kaplaw.com WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013
Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriff's sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
/S/ WILLIAJ. L LEVANT
/s/William evant
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H ,
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN•STEWART
Attorneys at Law
William J. Levant
Direct Dial: (610) 941-2474
Direct Fax: (610) 684-2020
Email: wlevant@kaplaw.com
Tenant/Occupant
910 Harvest Dr. 456 Mount Rock Road
P. O. Box 3037 Newville, PA 17241
Blue Bell, PA 19422-0765
(610) 260-6000 NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST
Fax (610) 684-2020
To: All Parties in Interest and Claimants
From: William J. Levant, Esquire, Attorney for Plaintiff
STE. 310 LIBERTY VIEW Owner: Samuel A. Calaman and Juanita E. Calaman
457 HADDONFIELD RD. Property: 456 Mount Rock Road, West Pennsboro Township,
CHERRY HILL, NJ 08002 Newville, PA 17241 (Parcel #46-09-0521-006H)
(856) 675-1550 (As described on the. attached property description)
FAx (856) 675-1551
Pramco III, LLC v. Samuel A. Calaman individually and t/a Calaman's Lawn
Service and Juanita E. Calaman
Cumberland County C.C.P. No. 08-2196
The above-referenced property is scheduled to be sold Sheriffs Sale on
WEDNESDAY, DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013
www.kaplaw.com Our records indicate that you may hold a mortgage, judgment, lien, leasehold or
other interest in the property which may be extinguished by the Sale. You may wish
to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment
in mortgage foreclosure obtained by the Plaintiff on May 16, 2008, in the amount of
$25,180.88, plus interest through the sheriffs sale date, plus costs
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff but not later than thirty days after the Sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten days
after the filing of the schedule.
YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR
OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A
LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS
MAY BE AFFECTED.
Very truly yours,
7AVYWARTNMELOFF REITER & STEIN, P.C. VA T
/s/ William J. Levant
By : William J. Levant
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 19° 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem de1f,1tYd--,1ght-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book. 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps or
mero- -
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, In, - N W
4
DOES NOT PROVIDE FOR INSURANCE-POSTMASTER cu 00
Received From: LML 6611-31 E
Kaplin Stewart _
o 2 0
Union Meeting Corporate Center, 910 Harvest Dr. 1 r a
P.O. Box 3037
Blue Bell, PA 19422-0765
?vJF
One piece of ordinary mail addressed
to:
Pramco III, LLC??'
6894 Pittsford Palmyra Roa
JOISeH
•? ° • •°
?dO
Y
r
230 Crosskeys Office Park
Fairport, NY 14450 GS • ,
PS Form 3817, Mar. 1989 * U.S. GPO: 1989-242-531/05281 '
U.S. POSTAL SERVICE CERTIFICATE OF MAILING A-- N W
n pp e} L
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL., N
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DOES NOT PROVIDE FOR INSURANCE-POSTMASTER a i? N E (!)
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Union Meeting C e (y? 0 Harvest Dr. n
P. , Bo ('37
Blu B 117 P 422- aa?seW
One piece of ordinary mail tts
Peerless Insurance P?
62 Maple Ave.
Keene, NH 03434
PS Form 3817, Mar. 1989 * U.S. GPO: 1989-242-531105281
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, h- - _o _ -
DOES NOT PROVIDE FOR INSURANCE-POSTMASTER c: a t N W
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N C) a 4
Received From: Lml 6611-31 I..
Kaplin Stewart ( r-= o o Q
Union Meeting Corporate Center, 910 Harvest Dr. N W a
P.O. Box 303 0 {¢} j
Blue Bell, PA 1 CZ
One piece of ordinary mail addressed J aalKeW
Robert D. Kodak, Esqu° e
Kodak & Imblum PC ?tv= a
407 N. Front St.
P.O. Box 11848
Harrisbur , PA 17108-1848
PS Form 3817, Mar. 1989 * U.S. GPO: 1989-242-531/05281 °
IMANPA /LML/9999/999/183294_1 11102008/13:57
U.S. POSTAL SERVICE CERTIFICATE OF MAILING N
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Received From: LML 6611-31 r'
Kaplin Stewart
Union Meeting Corporate Center, 910 Harvest Dr.
P.O. Box 3037 iojseFj
Blue Bell, PA 19422-07
One piece of ordinary mail addressed to: Q)? Ay>•?
Capital One Bank .
6851 Jericho Turnpike # 190
'
r
Syosset, NY 11791 E
,
S
PS Form 3817, Mar. 1989 ' U.S. GPO: 19 5281
U.S. POSTAL SERVICE CERTIFICATE OF MAILING AITix fee here in stamps or
taee and nn zt mirk
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MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, cy 1 N LU
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DOES NOT PROVIDE FOR INSURANCE-POSTMASTER N
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Kaplin S N d r L o-
Union Meeting Corpo KBI arvest Dr. ?-
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Blue Be A 1942 S -076
ad?spH
One piece of ordinary mail ad se 20L 1 C
James C. Warmbrodt, S
( 'T
Weltman Weinberg et a
436 Seventh Ave., Ste. 1400
Pittsburgh, PA 15219
PS Form 3817, Mar. 1989 ' U.S. GPO: 1989-242-531/05281
U.S. POSTAL SERVICE CERTIFICATE OF MAILING N W
M O?1 C
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MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, L r "'r-" o P
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Capital One Bank US P E
P.O. Box 85147
Richmond, VA 23285 L
PS Form 3817, Mar. 1989 ' U.S. GPO: 1989-242-531/05281 % IT
.
IMANPA /LML/9999/9991183294_1 11102008113:58
U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stadrips or
meter nnctaae and nnct mark,
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MA L It ch 0 1 N W
DOES NOT PROVIDE FOR INSURANCE-POSTMASTER c N Q M
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Kaplin Stewart M °
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N. o
Union Meeting Corporate Center, 910 est Dr. o ,
JEU
P.O. Box 3037
4
Blue Bell, PA 1942
One piece of ordinary mail addressed to.
Ip
?
William T. Molczan, Esquir ? j 1. .. ?
Weltman, Weinberg & Reis l
1400 Koppers Building
Pittsburgh, PA 15219
PS Form 3817, Mar. 1989 * U.S. GPO: 1989-242-531/05281
U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix P?P he*A ° - r
O CN irk.
ao
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, N 00 rn Q
DOES NOT PROVIDE FOR INSURANCE-POSTMASTER - t^- a }-
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Union Meeting Corporate n r, 91?
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P.O. Box 03
Blue Bell, PA 1 2 tajseH
One piece of ordinary mail addressed to:
Unifund CCR Partners
10625 Techwoods Circle
m
Cincinnati, OH 45242
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18 Brenneman Circle
Mechanicsburg, PA 17055
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Cunningham & Chernicoff, P.C.
2320 N. 2nd Street
P.O. Box 60457
Harrisburg, PA 17106-0457
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Tenant/Occupant
456 Mount Rock Road
Newville, PA 17241
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KAPLIN STEWART MELOFF REITER & STEIN, 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 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC
230 Crosskeys Office Park
Fairport, NY 14450
Plaintiff
VS.
SAMUEL A. CALAMAN :
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 08-2196 Civil Term
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw the appearance of the undersigned on behalf of the Plaintiff in the
above-captioned matter.
KAPLIN8319WART Mjfl?OFF REITER & STEIN, P.C.
Dated: 11/20/08 By:
for Pla' i
IMANBB /LML/8789/39/330904 1
11202008/14:45
c%_,
THE CHARTWELL LAW OFFICES, LLP
Robert J. Murtaugh, Esquire (#57494)
Ron L. Woodman, Esquire (#88450)
Valley Forge Corporate Center
970 Rittenhouse Road, Suite 300
Eagleville, PA 19403
Telephone: (610) 666-7700
Facsimile: (610) 666-7704
Attorneys for Plaintiff
PRAMCO III, LLC, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiffs, CIVIL ACTION
No. 08-2196
vs.
SAMUEL A. CALAMAN, Individually
and trading as CALAMAN'S
LAWN SERVICE
AND
JUANITA E. CALAMAN
Defendants. .
ENTRY OF APPEARANCE
Kindly enter the appearance of Robert J. Murtaugh, Esquire and Ron L. Woodman,
Esquire of The Chartwell Law Office, LLP as Counsel for the Plaintiff, Pramco III, LLC, in the
above-captioned matter.
THE CHARTWF4-,L LAW OFFICES, LLP
J ' / n
Dated: December 3, 2008 By:
"
Robert : Murtau& P-squ}?e 57494)
By:
Ron L. Woodman, Esquire (#88450)
}
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i
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAMCO III, LLC
6894 Pittsford-Palmyra Road
Fairport, NY 14450
Plaintiff,
V.
SAMUEL A. CALAMAN
Individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants.
CIVIL ACTION
No. 08-2196
ASSIGNMENT OF JUDGMENT
KNOW ALL MEN BY THESE PRESENTS, that PRAMCO III, LLC, ("Assignor") for
good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant,
bargain, convey, transfer, assign and make over to SOPRAMCO III REO, LLC, whose
address is 230 CrossKeys Office Park, Fairport, New York 14450 (together with its successors
and assigns, "Assignee"), a certain judgment recovered by Assignor in the Court of Common
Pleas of Cumberland County, Pennsylvania, recovered as of May 16, 2008, against Defendants
Samuel A. Calaman, individually and trading as Calaman's Lawn Service, and Juanita E.
Calaman, for the sum of $25,180.88 with interest from May 16, 2008; together with all the
benefits and advantages that may be obtained thereby, and full power to enforce and recover the
judgment to its own use.
Assignor further authorizes and empowers the Prothonotary or any attorney on behalf of
the Assignee to mark the judgment to the Assignee's use.
SALOANWompany 54\54259039\Assignment of Judgment.doc
-3-
IN WITNESS WHEREOF, I have set my hand and seal this 2nd day of December, 2008,
to be effective November 30, 2008.
PRAMCO III, LLC, as Assignor
By: v
Timothy P. Sheehan
Its Authorized Representative
ACKNOWLEDGMENT
STATE OF NEW YORK )
ss..
COUNTY OF MONROE )
On the day of December, 2008, 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.
2
ALISON LEE HUTCHINGS
Notary Public, State Of New York
Monroe County
Commission Expires February 20, 20,(
Pramco III, LLC In The Court of Common Pleas of
VS Cumberland County, Pennsylvania
Samuel A. Calaman, individually and Writ No. 2008-2196 Civil Term
trading as Calaman's Lawn Service and
Juanita E. Calaman
William Cline, Deputy Sheriff, who being duly sworn according to law, states that
on September 17, 2008 at 1200 hours, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendants, to wit: Samuel A. Calaman, individually and trading as Calaman's Lawn
Service and Juanita E. Calaman, by making known unto Rodney Grim, Brother-in-Law,
and Adult in Charge, at 456 Mount Rock Road, Newville, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true
and correct copy of the same.
Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that
on October 15, 2008 at 1945 hours, he posted a true copy of the within Real Estate Writ,
Notice, Poster and Description, in the above entitled action, upon the property of Samuel
A. Calaman, individually and trading as Calaman's Lawn Service and Juanita E.
Calaman, located at 456 Mount Rock Road, Newville, Cumberland County, 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
defendants, to wit: Samuel A. Calaman, individually and trading as Calaman's Lawn
Service and Juanita E. Calaman, by regular mail to their last known address of 456
Mount Rock Road, Newville, PA 17241. These letters were mailed under the date of
October 7, 2008 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED, per letter of request from attorney Robert J. Murtaugh.
Sheriff's Costs:
Docketing 30.00
Poundage 17.83
Posting Bills 15.00
Advertising 15.00
Law Library .50
Prothonotary 2.00
Mileage 16.00
Levy 15.00
Surcharge 40.00
Postpone sale 20.00
Law Journal 355.00
Patriot News 368.24
Share of bills 14.92
909.49 f
004 So
R. Thomas Kline, Sheriff
Real Estate Coordinator
'e0 off
?
top gOh3
KAPLIN STEWART MELOFF REITER & STEIN, 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 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
VS.
No. 08-2196 Civil Term
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
William J. Levant, Esquire, attorney for the Plaintiff in the above action, being duly sworn
according to law, deposes and says that he is authorized to make this Affidavit on behalf of Plaintiff,
and that the following information concerning that certain tract of real property known as: 456
Mount Rock Road, West Pennsboro Township, Newville, PA 17241 (Parcel #46-09-0521-006H),
a property description of which is attached as Exhibit "A" is true and correct to the best of his
knowledge, information and belief as of the date the Praecipe for Writ of Execution was filed.
1. Name and address of owner(s) or reputed owner(s):
SAMUEL A. CALAMAN
456 Mount Rock Road
Newville, PA 17241
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
2. Name and address of Defendant(s) in the judgment:
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
456 Mount Rock Road
Newville, PA 17241
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Pramco III, LLC
6894 Pittsford Palmyra Road
230 Crosskeys Office Park
Fairport, NY 14450
Peerless Insurance Co.
62 "Maple Ave.
Keene, NH 03434
Robert D. Kodak, Esquire
Kodak & Imblum PC
407 N. Front St.
P.O. Box 11848
Harrisburg, PA 17108-1848
Capital One Bank
6851 Jericho Turnpike #190
Syosset, NY 11791
James C. Warmbrodt, Esquire
Weltman Weinberg et al
436 Seventh Ave., Ste. 1400
Pittsburgh, PA 15219
Capital One Bank
P.O. Box 85147
Richmond, VA 23285
William T. Molczan, Esquire
Weltman, Weinberg & Reis
1400 Koppers Building
Pittsburgh, PA 15219
Unifund CCR Partners
10625 Techwoods Circle
Cincinnati, OH 45242
Frederic I. Weinberg, Esquire
Gordon & Weinberg, PC
1001 E. Hector St., Ste 220
Conshohocken, PA 19428
Commonwealth of PA
Department of Revenue
Bureau of Compliance
P.O. Box 280948
Harrisburg, PA 17128-0948
Commonwealth of PA
Department of Labor and Industry to the Use
of the Unemployment Compensation Fund
P.O. Box 60848
Harrisburg, PA 17106-0848
4. Name and address of the last recorded holder of every mortgage of record:
Pramco III, LLC
6894 Pittsford Palmyra Road
230 Crosskeys Office Park
Fairport, NY 14450
Dollar Bank, fsb
3 Gateway Ctr. - 9th Floor
Pittsburgh, PA 15222
5. Name and address of every other person who has any record lien on the property:
Tax Claims Bureau
1 Courthouse Sq.
Old Courthouse
Carlisle, PA 17013
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:
Deborah W. Piper, Tax Collector
West Pennsboro Township
2150 Newville Rd.
Carlisle, PA 17013
Thomas Sheaffer
18 Brenneman Circle
Mechanicsburg, PA 17055
Cheri Sheaffer
18 Brenneman Circle
Mechanicsburg, PA 17055
Towaway Express, Inc.
18 Brenneman Circle
Mechanicsburg, PA 17055
American Trailer Transportations
18 Brenneman Circle
Mechanicsburg, PA 17055
Trailer Transport, Inc.
18 Brenneman Circle
Mechanicsburg, PA 17055
Jordan D. Cunningham, Esquire
Cunningham & Chernicoff, P.C.
2320 N. 2nd Street
P.O. Box 60457
Harrisburg, PA 17106-0457
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:
Tenant/Occupant
456 Mount Rock Road
Newville, PA 17241
ART MELOFF REITER & STEIN, P.C.
By.
Sworn to and subscribed
before me this 28'
of August, 2008.
1? t
Notary Public
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All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southem dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I. D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire
I.D. No. 54286
910 Harvest Drive, P.O. Box 3037
Blue Bell, PA 19422
610/260-6000
Telecopier (610)684-2020
PRAMCO III, LLC
Plaintiff
VS.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
Defendants
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 08-2196 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Re: $25,000.00 Note and Mortgage dated May 1, 2001 in favor of Allfirst Bank,
now held by Pramco III, LLC
That certain tract of real property known as: 456 Mount Rock Road, West Pennsboro
Township, Newville, PA 17241 (Parcel #46-09-0521-006H), a property description of which is
attached as Exhibit "A" hereto, is scheduled to be sold at Sheriffs Sale on WEDNESDAY,
DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the Cumberland County Courthouse,1
Courthouse Square, Carlisle, PA 17013, to enforce the judgment in mortgage foreclosure of
$25,180.88 obtained by the Plaintiff on May 16, 2008, plus interest through the sheriff s sale
date, plus costs.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Plaintiff the entire balance due, plus
costs and attorneys' fees due and owing. To find out how much you must pay,
you may call: William J. Levant, Esquire, at (610) 260-6000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the
more chance you will have of stopping the sale. (See notice below on how to obtain an
attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, the property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at: (717)240-6390.
2. You may still be able to petition the Court to set aside the sale if the bid price
was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call the Sheriff at (717)240-
6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money that was paid for your property. A
schedule of distribution of the money bid for your property will be filed by the
Sheriff no later than 30 days after the sale. This schedule will state who will be
receiving that money. The money will be paid out in accordance with this
schedule unless exceptions (reasons why the proposed distributions may be
wrong) are filed with the Sheriff within ten (10) days after the schedule of
distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
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
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 1013 00' 17" West, 704.77 feet to a point on the
Southern dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 8411 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I. D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN STEWART MELOFF REITER & STEIN, 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 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC
vs.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
Defendants
COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
No. 08-2196 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: SAMUEL A. CALAMAN, individually
456 Mount Rock Road
Newville, PA 17241
Re: $25,000.00 Note and Mortgage dated May 1, 2001 in favor of Atllfirst Bank,
now held by Pramco III, LLC
That certain tract of real property known as: 456 Mount Rock Road, West Pennsboro Township,
Newville, PA 17241 (Parcel #46-09-0521-006H), a property description of which is attached as
Exhibit "A" hereto, is scheduled to be sold at Sheriffs Sale on WEDNESDAY, DECEMBER 10,
2008, at 10:00 a.m. o'clock, at the Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, PA 17013, to enforce the judgment in mortgage foreclosure of $25,180.88 obtained by
the Plaintiff on May 16, 2008, plus interest through the sheriff's sale date, plus costs.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
The sale will be canceled if you pay to Plaintiff the entire balance due, plus costs
and attorneys' fees due and owing. To find out how much you must pay, you may
call: William J. Levant, Esquire, at (610) 260-6000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice below on how to obtain an
attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, the property will be sold to the highest bidder.
You may find out the price bid by calling the Sheriff at: (717)240-6390.
2. You may still be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call the Sheriff at (717)240-
6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring
legal proceedings to evict you.
6. You may be entitled to a share of the money that was paid for your property. A
schedule of distribution of the money bid for your property will be filed by the
Sheriff no later than 30 days after the sale. This schedule will state who will be
receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distributions may be wrong) are filed
with the Sheriff within ten (10) days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house back,
if you act immediately after the sale.
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
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southern dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Srownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 881 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 10° 00' 17" West, 704.77 feet to a point on the
Southern dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 8410 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, Inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax I. D./Parcel No. 46-09-0521-006H ,
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire
I.D. No. 54286
910 Harvest Drive, P.O. Box 3037
Blue Bell, PA 19422
610/260-6000 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC
VS.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
Defendants
No. 08-2196 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: SAMUEL A. CALAMAN, trading as
CALAMAN'S LAWN SERVICE
456 Mount Rock Road
Newville, PA 17241
Re: $25,000.00 Note and Mortgage dated May 1, 2001 in favor of Allfirst Bank,
now held by Pramco III, LLC
That certain tract of real property known as: 456 Mount Rock Road, West Pennsboro
Township, Newville, PA 17241 (Parcel #46-09-0521-006H), a property description of which is
attached as Exhibit "A" hereto, is scheduled to be sold at Sheriffs Sale on WEDNESDAY,
DECEMBER 10, 2008, at 10:00 a.m. o'clock, at the Cumberland County Courthouse,1
Courthouse Square, Carlisle, PA 17013, to enforce the judgment in mortgage foreclosure of
$25,180.88 obtained by the Plaintiff on May 16, 2008, plus interest through the sheriff's sale
date, plus costs.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Plaintiff the entire balance due, plus
costs and attorneys' fees due and owing. To find out how much you must pay,
you may call: William J. Levant, Esquire, at (610) 260-6000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the
more chance you will have of stopping the sale. (See notice below on how to obtain an
attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, the property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at: (717)240-6390.
2. You may still be able to petition the Court to set aside the sale if the bid price
was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call the Sheriff at (717)240-
6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money that was paid for your property. A
schedule of distribution of the money bid for your property will be filed by the
Sheriff no later than 30 days after the sale. This schedule will state who will be
receiving that money. The money will be paid out in accordance with this
schedule unless exceptions (reasons why the proposed distributions may be
wrong) are filed with the Sheriff within ten (10) days after the schedule of
distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
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
All that certain tract or parcel of land situate in West Pennsboro Township,
Cumberland County, Commonwealth of Pennsylvania, more fully bounded and
described as follows:
Beginning at a point on the Southem dedicated right-of-way line of Mt. Rock Road
(LR 21003) at lands now or formerly of William Brownawell; thence along said
dividing line, South 190 35' 43" East, 727.86 feet to a concrete monument; thence
along the dividing line between Lot Nos. 9 sand 10 on said Plan, North 880 06' 18"
West, 331.38 feet to a point; thence continuing along the dividing line between Lot
Nos. 10 and 10A on said Plan, North 100 00' 17" West, 704.77 feet to a point on the
Southem dedicated right-of-way line of said Mt. Rock Road; thence along said right-
of-way line, South 840 44' 07" East, 210.42 feet to a point, the Place of Beginning.
Being further described as Lot No. 10A on the Final Subdivision Plan for Harmon
Graves Company and Kimba, inc., prepared by Stanley Jarmelenko, R.S., dated
October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57.
Tax L D./Parcel No. 46-09-0521-006H
Having Thereon Erected a dwelling known as 456 Mt. Rock
Road, Newville, PA.
Title to said premises is vested in Samuel A. Calaman and Juanita E. Calaman,
husband and wife.
Being the same premises which Sheryl A. White, single person by Deed dated
December 16, 1999 and recorded April 26, 2000 in Cumberland County in Record
Book 219 Page 939 conveyed unto Samuel A. Calaman and Juanita E. Calaman,
husband and wife, in fee.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-2196 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PRAMCO III, LLC Plaintiff (s)
From SAMUEL A. CALAMAN, INDIVIDUALLY AND TRADING AS CALAMAN'S LAWN
SERVICE AND JUANITA E. CALAMAN,
(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 property 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 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) 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$25,180.88 L.L.$.50
Interest FROM 5/16/08 -12/10/08 - $854.76
Atty's Comm % Due Prothy $2.00
Atty Paid $227.00 Other Costs
Plaintiff Paid
Date: AUGUST 29, 2008
Curtis R. Long, Prothonotary
(Seal) By: - a-'A-r
Deputy
REQUESTING PARTY:
Name WILLIAM J. LEVANT, ESQUIRE
Address: KAPLIN, STEWART, MELOFF, REITER AND STEIN, P.C.
910 HARVEST DR., POST OFFICE BOX 3037, BLUE BELL, PA 19422-0765
Attorney for: PLAINTIFF
Telephone: 610-260-6000
Supreme Court ID No. 54286
Real Estate Sale #73
On September 8, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
West Pennsboro Township, Cumberland,County, PA
Known and numbered as 456 Mount Rock ., Newviile
more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: September 8, 2008 By:
IIJ6
Real Es Sergeant
The Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
the PatfiotiwNews
Now you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
10/29/08
11/05/08
11/12/08
. . . . . . .? . w I . ram i.i. 'wW' .. _ . . . . . . . .
to anoiAhcribed before mA to 2May,/6f gJovember, 2008 A. D.
Notary
COMMONWEALTH OF SYLVANLA
Notarial seal
Shams L Kbw, Notary Pubk
City Of HaftWig, Dauphin County
W Canrnts*n E q*w Nov 26, 2011
Member, Pennsylvania Asswation of Notaries
RW EsfaNts Sale No. 73
Writ No. am$_2196 CMTerm
Pxamco MO LLC
VS
Smmmd A. Calarnm, IrAvtduaNy
and tfadMq as Galanun's Lawn
Sacvtce and and JuaMta
Cabown
Attorney WMM tsvant
LEGAL DESCRIPTION
All that calaim hW or parcel of land situate in
West Pennsboro Township; Cumberland Canty,
Commonwealth of Pennsylvania,. MOM fully
bonded and desCFibed as follows;
Beginning at a point on the Southern dedicated
fight-of-way. fine of W. Rack Road (LR 21003)
at lands now or formerly of William
Btownawell; thence along: said dividing One,
South 19° 35' 43" East, 727.86 feet to a con<xete
monument; thence along the dividing line
betweem Lot Nos. 9 sand 10 on said Phan, North
881 06' 18" West, 331.38 feet to a point; thence
continuing aloog the dividing line between Lot
Nos. 10 and-IOA on sad Plan, North 10° 00'
17" west; 704.77 feet to a pow on the southern
dedicated nghtof-way lime of said Mt. Rock
Road; thence along said r<igbt-of way line, South
84° 44' O7" Fast, 210.42 feet to a point, the
Place of Beginning.
Being faatber described as Lot k. DOA on the
Final Subdivision Plan for Bannon Gravet
Company and Kimba, Inc., prepared by Stanley
Janmelerib, RS., dated October 17, 'IM-aW
recorded in Cumbedand County Plan Book 49,
Page 57.
Tax I.D. Parcel No. 46A4-0521-006H
Having Thereon Erected a-dwelling known as
456 Nk Rock Road, Newville, PA.
Title to said premises is vested in Samuel A.
Calaman and Juanita F. Calam husband and
wife.
Being the same, premises which Sheryl A.
White, single person by Deed dated December
16, 1999 and recorded April 26, 2000 in
Cumbaland County in Reiwid Book 219 Page
939 conveyed unto Samuel A. Calaman and
Juanita E. Cabman WNW and wife, in fee.
Zhe Patriot-News
Now you know
P. O. BOX 2265
HARRISBURG, PA 17106
(717) 256-8237
BILL TO: Cumberland County Sheriffs Office
Cumberland County Court House
Carlisle, PA 17013
ACCT.# 2260
DUPLICATE BILL
JLC
TOTAL DUE FOR THIS SALE: $ 368.24
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 31, November 7 and November 14, 2008
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SWORN'TO AND SUBSCRIBED before me this
14 day of November. 2008
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARUSLE BORO, CUMBERLAND COUNTY
COnmission ExPlrea Apr 28, 2010
FOAL MRAMS 3 NO. 73
Writ No. 2008-2196 Civil
Pramco III, LLC
vs.
Samuel A. Calaman, individually
and trading as Calaman's Lawn
Service and Juanita Calaman
Atty.: William Levant
All that certain tract or parcel
of land situate in West Pennsboro
Township, Cumberland County,
Commonwealth of Pennsylvania,
more fully bounded and described
as follows:
Beginning at a point on the South-
ern dedicated right-of-way line of Mt.
Rock Road (LR 21003) at lands now
or kwme rly of William skow n l;
thmm Akag awd divi line, "fth
19' 38' 43" East, 727.06 fret to a
conc to monument; thence a1mg
the .dividing line between Lot Nos.
9 sand 10 on said Plan, North 88°
06' 18" West, 331.38 feet to a point;
thence continuing along the divid-
ing line between Lot Nos. 10 and
10A on said Plan, North 10° 00' 17'
West, 704.77 feet to a point on the
Southern dedicated right-of-way line
of said Mt. Rock Road; thence along
said right of-way line, South 84° 44'
07" East, 210.42 feet to a point, the
Place of Beginning.
Being further described as Lot No.
10A on the Final Subdivision Plan
for Harmon Graves Company and
Kimba, Inc., prepared by Stanley
Jarmelenko, R.S., dated October 17,
1985 and recorded in Cumberland
County Plan Book 49, Page 57.
Tax I.D./Parcel No. 46-09-0521-
006H.
Having Thereon Erected a dwell-
ing known as 456 Mt. Rock Road,
Newville, PA.
Title to said premises is vested in
Samuel A. Calaman and Juanita E.
Calaman, husband and wife.
Being the same premises which
Sheryl A. White, single person by
Deed dated December 16, 1999 and
recorded April 26, 2000 in Cumber-
land County in Record Book 219
Page 939 conveyed unto Samuel A.
Calaman and Juanita E. Calaman,
husband and wife, in fee.
r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAMCO III, LLC
230 Crosskeys Office Park
Fairport, NY 14450
Plaintiff,
V.
SAMUEL A. CALAMAN
Individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241 .
Defendants.
CIVIL ACTION
No. 08-2196
ASSIGNMENT OF JUDGMENT
uN
:t li?q
?`N -;:3
6.r+
KNOW ALL MEN BY THESE PRESENTS, that SOPRAMCO III REO, LLC, whose
address is 230 CrossKeys Office Park, Fairport, New York 14450 ("Assignor") for good and
valuable consideration, receipt of which is hereby acknowledged, does hereby grant, bargain,
convey, transfer, assign and make over to FAIRPORT ASSET MANAGEMENT, LLC,
whose address is 230 CrossKeys Office Park, Fairport, New York 14450 (together with its
successors and assigns, "Assignee"), a certain judgment recovered by Assignor in the Court of
Common Pleas of Cumberland County, Pennsylvania, recovered as of May 16, 2008, against the
Defendants in the amount of $25,180.88, with interest from May 16, 2008 ("Judgment');
together with all the benefits and advantages that may be obtained thereby, and full power to
enforce and recover the Judgment to its own use.
ra ?-# d% 243
Assignor further authorizes and empowers the Clerk of Courts or any attorney on behalf
of the Assignee to mark the judgment to the Assignee's use.
IN WITNESS WHEREOF, I have set my hand and seal the * day of December, 2010,
to be effective as of the 19th day of November, 2010.
SOPRAMCO III REO, LLC, as Assignor
By:
Timothy P. Sheehan
Authorized Representative
ACKNOWLEDGMENT
STATE OF NEW YORK )
ss.:
COUNTY OF MONROE }
On the day of December, 2010, 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.
otary P
ALIS ?^ LEA N!' ' \,GS
Notary P[,? ._-N, ew )ork
e Cu,.my
Commission b,,.;res February 20, 20 l
SALOANS\Company 138\ 138230009\Assignment of Judgment - 08-2I96.doe
2
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAMCO III, LLC
230 Crosskeys Office Park
Fairport, NY 14450
Plaintiff,
v.
CIVIL ACTION
No. 08-2196
SAMUEL A. CALAMAN
Individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants.
I,' 1/1 ;r 0IJ: j�
i 41 5L
PE;' ;SYLfl �O� T y
SATISFACTION OF JUDGMENT
WHEREAS, a judgment was entered in the above action on May 16, 2008, in favor of
Plaintiff and against Defendant in the amount of $25,180.88 with interest, and said Judgment
was assigned to (A) Sopramco III REO, LLC, pursuant to that certain Assignment of Judgment
dated as of November 30, 2008, filed on December 4, 2008, in the Court of Common Pleas,
Cumberland County, Pennsylvania and (B) Fairport Asset Management, LLC, pursuant to that
certain Assignment of Judgment dated as of November 19, 2010, filed on February 25, 2011, in
the Court of Common Pleas, Cumberland County, Pennsylvania, and (C) having been fully paid,
and it is certified that there are no outstanding executions with any sheriff or marshal.
(---2.4,3)U1o`1
THEREFORE, full and complete satisfaction of said judgment is hereby acknowledged,
and the Clerk of the Court is hereby authorized and directed to make an entry of the full and
complete satisfaction on the docket of said judgment.
Dated: Fairport, New York
May 2- , 2014 FAIRPORT ASSET MANAGEMENT, LLC
By:
iu
Jilin M. Himmelberg
Authorized Representative
ACKNOWLEDGMENT
STATE OF NEW YORK )
) ss.:
COUNTY OF MONROE )
On the z' ay of May, 2014, before me, the undersigned, personally appeared John M.
Himmelberg, 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.
S:\LOANS\Company 138\138230009\Satisfaction of Judgment - 08-2196.doc
Notar
JULIA A. HILL
Notary Public in the State of New York
MONROE COUNTY
Commission Expires August 8, ZyV`-f
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