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Home My WebLink About08-5486REAGER & ADLER, PC By: Peter R. Wilson, Esquire Atty. I.D. # 87655 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pwilsongreageradlerpc.com 165 KEYSTONE LIMITED PARTNERSHIP, V. Plaintiff, FIDELITY MANAGEMENT TRUST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. O$ .5y8 4 COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, Defendant CIVIL ACTION - LAW NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17103 Phone (717) 249-3166 REAGER & ADLER, PC By: Peter R. Wilson, Esquire Atty. I.D. # 87655 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pwilsona rea erg_ adlerpc.com 165 KEYSTONE LIMITED IN THE COURT OF COMMON PARTNERSHIP, PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. FIDELITY MANAGEMENT TRUST NO. COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, Defendant CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de a notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO E"WDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17103 Phone (717) 249-3166 REAGER & ADLER, PC By: Peter R. Wilson, Esquire Atty. I.D. # 87655 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pwilson@reageradlerpc.com 165 KEYSTONE LIMITED IN THE COURT OF COMMON PARTNERSHIP, PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. FIDELITY MANAGEMENT TRUST NO. 0q, ' S7 $fp COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, Defendant CIVIL ACTION - LAW COMPLAINT TO QUIET TITLE And now, comes the Plaintiff, 165 Keystone Limited Partnership, by its attorneys, Reager & Adler, PC, and files this Complaint to Quiet Title as follows: 1. The Plaintiff, 165 Keystone Limited Partnership, is a Pennsylvania Limited Partnership, with its principal address at 4910 East Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Fidelity Management Trust Company, is a Massachusetts Corporation, with its address at 82 Devonshire Street, Boston, Massachusetts 02109. 3. On January 27, 1995, Kennedy Railroad Builders, Inc. ("Kennedy") by Deed dated January 27, 1995, recorded on January 31, 1995, Book 118, Page 72, acquired the real property located at 5020 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania, as more particularly described in the legal description which is attached hereto as Exhibit "A" and made a part hereof (the "Property"). Contemporaneously with Kennedy's acquisition of the Property, a purchase money mortgage in the amount of $110,000.00 was granted by Kennedy to Corestates Bank, Custodian for Samuel J. Amuso, IRA, and recorded on January 31, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 1250, Page 134 (the "Mortgage"). A true and correct copy of the Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 4. On July 18, 1997, Corestates Bank, Custodian for Samuel J. Amuso, IRA assigned the above referenced mortgage to Defendant, by assignment recorded on July 29, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 553, Page 401 (the "Assignment"). A true and correct copy of said Assignment is marked as Exhibit "C", attached hereto and made a part hereof. 5. On July 30, 1998, Kennedy conveyed the Property to Plaintiff by deed recorded on July 31, 1998, Book 182, Page 599. A true and correct copy of said Deed is marked as Exhibit "D", is attached hereto and made a part hereof. 6. Plaintiff believes, and therefore avers, that the Mortgage has been paid in full, and, therefore, that full and complete marketable title to the Property is free and clear of the subject Mortgage. 7. Plaintiff desires that the Defendant be barred from asserting any right, lien, title or interest in and to the Property. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order that the Defendant, FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA., and any person or entity claiming through them, is forever barred from asserting any right, lien, title or interest in and to 5020 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania. Date: 15 , 2008 Respectfully submitted, REAGER & ADLER, PC BZ- y4eter R. Wilson, Esquire Atty. I.D. # 87655 Attorney for Plaintiff 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 ' CV GL . d w y....._ 7 CID r CL tD ? [t3 LLJ C-3 CL q N .f A TiYk 1-i1,rlea- io = t U515 o THIS DEED, Made the o)n T-&y of January, 1995, BETWEEN CONSOLIDATED, INSURANCE GROUP, INC., a Pennsylvania Corporation, Party(s) of the First Part, hereinafter designated as the Orantor(s), AND KENNEDY RAILROAD BUILDERS, INC., a Pennsylvania Corporation, Party(s) of the Second Part, hereinafter designated as the Grantee(s). WITNESSETH, that the Grantor(s) for and in consideration of ONE HUNDRED THOUSAND AND 00!100--(5100,000.00)-Dollars, lawful money of the United States of America, to the Grantor(s) in hand well and truly paid by the Grantee(s), at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor(s) being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantee(s) forever. ALL TIIAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey for Michael A. Serluco, dated October 19, 1982, prepared by Gerrit I. Betz Associates Inc., Engineers & Surveyors, as follows, to wit: BEGINNING at a pin on the southern legal right-of-way line of Trindle Road, Route No. 641, at lands now or formerly of Lulu Kennedy; thence along lands now or formerly of Lulu Kennedy, South 12 degrees 06 minutes 00 seconds East a distance of 521.92 feet to a pipe in the center of a proposed, unopened 50 foot private right-of-way; thence along the center of said proposed, unopened 50 foot right-of-way, South 76 degrees 00 minutes 00 seconds, West a distance of 80.00 feet to a pipe on the eastern side of a proposed 30 foot private right-of-way; thence along said proposed 30 foot private right-of-way, North 12 degrees 06 minutes 00 seconds West a distance of 523.50 feet to the southern legal right-of-way line Trindle Road, Route No. 641; thence along the southern legal right-of-way line Trindle Road North 77 degrees 07 minutes 47 seconds East a distance of 80.00 feet to a pin, the point and place of BEGINNING. HAVING thereon erected a two and one-half story brick dwelling house together with other improvements numbered as 5020 East Trindle Road, Mechanicsburg, Pennsylvania. Roox ii8 Pnc( ' 72 BEING the same premises which Michael A. Serlueo, by Deed dated December 31, 1986, recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book K, Volume 32, Page 773, granted and conveyed unto Consolidated Insurance Group, Inc., a Pennsylvania corporation, Grantor herein. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of tine Grantor(s) both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantee(s) and to the Grantees' proper use and benefit forever. AND the Grantor(s) covenant that, except as may be herein set forth, they do and will forever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantor(s) and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is Intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. BOOK i1S I-AU '73 IN WITNESS WHEREOF, the Grantor(s) have hereunto set their hand(s) and seal(s) or ita corporation, it has caused these presents to be signed by its proper corporate officers and its corporate seat to be affixed hereto, the day and ymr first above written. Signed, Sealed and Delivered in the presenee of or Attested by CONSOLIDATED INSURANCE CROUP, INC. Attest David MALI ger, President THE UNDERSIGNED CERTIFIES THAT TILE RESIDENCE AND COMPLETE POST OFFICE ADDRESS OF TIIE GRANTER IS: G&41039 SAive u 1_ u-' VA obit Street City 'State/' Zip Code Signnt}jfe COMMONWEALTH OF PENNSYLVANIA, COUNTY OF (oalic6.ld )55, DE IT ItEMEMBERED, rhos on •fmury '144S before me (he subscriber persoacdly appetred DoW M. Anger wdm acknowledged hinue jto he the President of Comwkhoerd djuurnnce Group, Inc., a Penn yhnnia Corporation, and them bring authorized to do so its such enr7wrau Bracer executed the foreguing tturruarent/or she purposes therein contained on LehalJoJthe mrporodon. WITNESS my rand atuf sent the day and year eforedescrthed. My,p?kisAq.PS 1997 , rtOr.YH+ ,? Notary Public eooic 118 frcf 74 COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) Recorded in the Office of the Recorder of Deeds, etc., in and for said County, in Deed Book mll" Page, Witness my Hand and Official Seat this ?3 / day of9 dg-? 1995. 7 door v is C, S U71'1 Z , r 1- 7? u1 U ? 'n C O r-. C o In N of r i .? In boor. 1.18 ew 75 5 cp S? is ;P1 i?r H. ?cq?. j 1 eb,, M U?,. ? l3 {s 5? H rt av L ? N R Y' K ) Ls + B rs,?5 5-3 ?a/+ o i (7 zq 17 ) MORTGAGE THIS MORTGAGE, made the 27th day of January, 1995, by and between KENNEDY RAILROAD BUILDERS, INC., a Pennsylvania business corporation having its principal place of business at P. O. Box 3088, Simpson Ferry Road, Shiremanstown, PA 17011 (the 'Mortgagor') and CORESTATES BANK, CUSTODIAN FOR SAMUEL J. AMUSO IRA, in care of Pension Consultants, Inc., 830 Sir Thomas Court, Harrisburg, Pennsylvania (the 'Mortgagee'). Mortgagee has made a certain loan to Mortgagor in the sum of One Hundred Ten Thousand and No/I00 ($110,000.00) Dollars, which is the principal sum the Mortgagor owes to the Mortgagee and which debt and the repayment thereof is evidenced by n Promissory Note of even date herewith in said principal sum ("Note'). Mortgagor hereby grants and conveys to Mortgagee: ALL THAT CERTAIN parcel of land situate in Hampden Township, Cufnkrland County, Pennsylvania, more particularly bounded and described on Exhibit 'A'. TOGETHER with all buildings, additions and improvements presently existing or hereafter constructed or placed thereon; all fixtures, machinery and equipment of every kind and nature whatsoever now or hereafter installed in or located on said premises, used or useful in connection with the premises or the operation and maintenance of the plant, buildings or business situate thereon, exclusive of removable trade fixtures and personal property belonging to tenants. TOGETHER with all sweets, alleys, passage ways, rights, privileges, casements, hereditaments and appurtenances whatsoever thereunto belonging, or in any way appertaining, and all the estate and rights of the Mortgagor in and to said premises. AND TOGETHER with the reversions, remainders, rents, issues and profits arising from said premises, including all leases now or hereafter entered into covering any part of said premises or such improvements, all of which leases, rents, issues and profits are hereby assigned to the Mortgagee by the Mortgagor (provided that unless and until a default hereunder shalt occur, Mortgage may continue to collect and receive such rents). ALL of which property hereinabove described or mentioned being hereinafter collectively called the "Mortgaged Property°. TO HAVE AND TO HOLD the Mortgaged Property unto Slartgagee, his heirs, personal representatives and assigns forever, in fee. Hoc t `'.50 nu 134 I. This Mortgage and the rights in the Mortgaged Property hereby granted shall secure the Mortgagor's obligation to pay or perform the following: A. The aforesaid loan made by Mortgagee to Mortgagor, evidenced by the Note of even date herewith and any renewals, extensions or modifications thereof, the terms and conditions of which are incorporated herein by referenced, in the principal sum as aforesaid, together with interest at the rate specified therein. B. All amounts expended by Mortgagee in the performance by her of any obligation of Mortgagor contained in this Mortgage or in the Note which Mortgagee elects to make due to the failure of Mortgagor to perform the same together with all interest thereon; all such amounts so expended shall be due on demand and shall be added to and become a part of the indebtedness secured by this Mortgage, with interest thereon at the same rate set forth in the Note for interest on the principal sum from the date of the respective expenditures, all of which may be enforced by Mortgagee against Mortgagor at any time. C. All amounts expended by Mortgagee, including costs or expenses incidental thereto, in connection with the completion of any improvements to the Mortgaged Property, all such amounts so expended shall be due on demand and "I be added to and become a part of the indebtedness secured by this Mortgage, with interest thereon at the same tale set forth in the Note for interest on the principal sum from the date of the respective expenditures, all of which may be enforced by Mortgagee against Mortgagor at any time. D. All costs, expenses and attorney's fees, as provided in said Note incurred in the collection of the obligations secured by this Mortgage or in the protection, perfection or enforcement of the Mortgagee's rights hereunder. E. All other obligations of Mortgagor to Mortgagee, whether now existing or hereafter incurred, including any other agreement or document securing or executed in connection with the indebtedness evidenced by the Note (such other agreement or document being hereinafter called in a "Collateral Agreement"). 2. Until the entire indebtedness of the Note and all other sums secured by this Mongage are paid in full, Mortgagor covenants and agrees with the Mortgagee as follows: A. To pay when due the interest on and principal of the Note together with aft other sums now or hereafter due under the terms of the Note or this Mortgage. B. To pay at least ten (10) days prior to the accrual of any interest or penalty thereon, all taxcs, water and sewer rents, assessments and all other charges or claims which may be assessed or levied upon the Mortgaged Property at any time, by any lawful authority, and which if unpaid may become a lien having priority over any portion of the indebtedness or sums secured hereby either in lien or in distribution out of the proceeds of any judicial We of the Mortgaged Property; and to deliver to Mortgagee, upon his request, at least five (5) days before 60091250 racf 1 35 the last day upon which he may be paid without interest or penalty, official receipts for the current year or other satisfactory evidence of the payment thereof. C. To maintain with respect to the Mortgaged Property insurance against such hazards, in such amounts and with insurers as are satisfactory to Mortgagee; and if said insurance or any part thereof shall expire, be withdrawn or become void by breach of any condition Thereof by Mortgagor or if for any other reason said insurance shall become unsatisfactory to Mortgagee, to obtain and place new insurance on the Mortgaged Property satisfactory to Mortgagee; and to pay as they shall become due all premiums for such insurance and to deliver to Mortgagee, as further security for the indebtedness secured hereby, all original policies with loss payable clauses in favor of and acceptable to Mortgagee attached. In the event of any loss or damage to the Mortgaged Property, Mortgagor shall immediately notify Mortgagee, in writing, and Mortgagee may file proof of loss if not filed promptly by Mortgagor. Mortgagor hereby authorizes and directs any insurance company concerned to pay directly to Mortgagee any proceeds (not in excess of the total amount due Mortgagee hereunder) which may be payable under such insurance, including return of unearned premiums and Mortgagee may at their option apply such proceeds or any part thereof to the indebtedness secured hereby or to the repair and restoration of the property damages; and Mortgagor irrevocably appoints Mortgagee as Attorney-in-Fact for Mortgagor to endorse and collect any draft therefore. D. To maintain the Mortgaged Property in good condition, order and repair including restorations and replacements reasonably required by Mortgagee and not to make or permit to be made any alterations to the Mortgaged Property which will reduce the fair market value of the Mortgaged Property without first obtaining the written consent of Mortgagee (which consent shalt not be required for improvements, rehabilitation or expansion of the Mortgaged Property), which consent Mortgagee will not unreasonably withhold. Mortgagor agrees to permit Mortgagee and hit representatives to enter the Mortgaged Property and inspect the same at all reasonable times. E. To notify Mortgagee promptly upon receipt of any notice of commencement of proceedings for the condemnation of the Mortgaged Property or any part thereof, and Mortgagor hereby assigns to Mortgagee the proceeds of all awards or damages up to the amount of the unpaid principal and accrued interest under the Note and on any other sums due thereunder and hereunder. F. To execute and deliver to the Mortgagee upon request such documents and statements as the Mortgagee may require to perfect, protect or extend the lien or priority of this Mortgage on the Mortgaged Property and to pay all costs of recording or filing such documents or statements in such public offices as the Mortgagee may require. G. That this Mortgage is and shall continue to be a first lien on good and marketable title in fee simple to the Mortgaged Property. 1 ?5() I act 2 36 t<ooK H. Mortgagor shall not: (1) sell, contract to sell, convey, alienate or transfer in any manner whatever, the Mortgaged Property or any part thereof or any interest therein, whether legal or equitable, without first obtaining the written consent of the Mortgagee; or (2) be divested of title, or any interest therein, whether legal or equitable, in any manner or way, whether voluntary or involuntary. 1. Payments received by Mortgagee pursuant to the Note and this Mortgage, shall be applied (1) to costs and attorney fees, if any, incurred by Mortgagee in the enforcement of any of the terms and provisions of said Note and this Mortgage; (2) to all amounts expended by Mortgagee pursuant to the terms and provisions of this Mortgage; (3) to interest due; and (4) to principal due. 3. If Mortgagor shall fail to pay any taxes, water and sewerage rents, assessments and all other charges, claims, prior or subsequent mortgages or ground rents, or fail to maintain insurance, or make all necessary repairs to the Mortgaged Property, or perform any other obligations of Mortgagor contained in the Note, this Mortgage or in any Collateral Agreement, Mortgagee may at his sole option and without prior notice to Mortgagor, advance sums on behalf of Mortgagor in payment of said obligation all of which sums Mortgagor hereby authorizes Mortgagee to make, due to the failure of Mortgagor to make payment of the same, without prejudice to the right of enforcement of the Note or other remedies by Mortgagee shall be due on demand and shall be added to and become a part of the indebtedness secured by this Mortgage, with interest thereon at the same rate set forth in the Note for interest on the principal sum from the date of the respective expenditures, all of which may be enforced by Mortgagee against Mortgagor at any time. The occurrence of any of the following events shall constitute a default hereunder A. Failure of Mortgagor to make any payment of principal or interest in accordance with the terms of the Note within thirty (30) days after it is due. B. Failure of Mortgagor to pay when due any of the sums required to be paid on account of the Note or under the terms of this Mortgage or any Collateral Agreement. C. Failure of Mortgagor to observe, perform or comply with any other term, covenant or condition contained in the Note, this Mortgage or any Collateral Agreement. D. Any representation, warranty, financial statement or other information made or furnished by Mortgagor to Mortgagee in compliance with or in connection with the loan secured hereby, shall prove to have been false or erroneous in any material respect when made or furnished. E. Mortgagor shall be adjudicated bankrupt or make an assignment for the benefit of creditors or suffer proceedings under any law relating to the bankruptcy, insolvency or the i oi< 1250 mE 137 reorganization or relief of debtors to be instituted against Mortgagor, and if contested by Mortgagor, not to be dismissed within ninety (90) days after commencement of said proceedings. F. Commencement of any action or proceeding to foreclose any lien upon the Mortgaged Property or any part thereof other than the lien of this Mortgage. 5. The unpaid principal indebtedness of the Note and all other sums secured by this Mortgage, together with accrued interest thereon, shall immediately become due and payable without notice or demand upon the occurrence of a default specified in Paragraph 4 and Mortgagee may immediately: A. Institute an action of Mortgage Foreclosure against the Mortgaged Property, or take such other action at law or in equity for the enforcement hereof and realization on the Mortgage security as the law may allow, and may proceed to final judgment and execution for the entire unpaid balance of said principal sum, with interest at the rate stipulated in said Note to the date of default, and thereafter at the rate so stipulated in the Note, together with all other sums due by Mortgagor in accordance with the provisions hereof and of said Note, including all sums which may have been loaned by Mortgagee to Mortgagor after the date of this Mortgage, and all sums which may have been advanced by Mortgagee for taxes, water and sewerage rents, assessments, charges or claims, insurance premiums or costs to preserve or make repairs to the Mortgaged Property, plus all costs of suit, together with the maximum lawful interest on any judgment obtained by Mortgagee at the rate stipulated in said Note until actual payment is made of the full amount due Mortgagee, and an attorney's commission for collection which shall be five (576) percent of the total indebtedness owed to Mortgagee but not less than One Thousand and No/100 ($1,000.00) Dollars, without further stay, any law, usage or custom to the contrary notwithstanding; and/or B. Enter into possession of the Mortgaged Property, with or without legal action and manage, operate and lease the same, collect all rentals and after deduction of all costs of collection and administration expenses, apply the net rentals to the payment of taxes, water and sewerage rents, assessments, charges and claims, insurance premiums and all other carrying charges, and to the maintenance, operation, repair or restoration of the Mortgaged Property, or on account of and in reduction of the principal and interest secured hereby in such order and amounts as Mortgagee, in Mortgagee's sole discretion, may elect and Mortgagor hereby authorizes and empowers any attorney or attorneys of any Court of the Commonwealth of Pennsylvania or elsewhere to appear for Mortgagor and as attorney for Mortgagor to sign an agreement for entering an amicable action in ejectment for possession of the Mortgaged Property, and to confess judgment therein against Mortgagor in favor or Mortgagee, whereupon a writ of possession may immediately issue for the possession of the Mortgaged Property, without any prior writ or proceedings whatsoever; and for so doing, this Mortgage or copy hereof verified by affidavit shall be a sufficient warrant. Any exercise by Mortgagee of any rights upon or under any lease to the Mortgaged Property shall net constitute an affirmance of such lease and shall not impair the right of Mortgagee to terminate such lease upon purchase of eooti 1250 Pat( 138 the Mortgaged Property at a foreclosure We. Any lease made by Mortgagee shall be valid notwithstanding the subsequent termination of such authority or satisfaction of this Mortgage. 6. The remedies of Mortgagee as provided herein, or in the Note, and all warrants herein and in the Note shall be cumulative and concurrent, and may be pursued singly, successively or together against Mortgagor and/or the Mortgaged Property, at the sole discretion of the Mortgagee, and shall not be exhausted by any exercise thereof but may be exercised as often as occasion therefore shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release of the same. 7. Mortgagor hereby waive4 and releases all errors, defects and imperfections in any proceedings instituted by Mortgagee under this Mortgage, as well as all benefits that might accrue to Mortgagor by virtue of any present or future laws exempting the Mortgaged Property, or any part of the proceeds arising from any sale thereof, from attachment, levy or sale under execution, or providing for any stay of execution, exemption from civil process or extension of time for payment. 8. Mortgagor shall, promptly upon require of Mortgagee, do all acts and things, including but not limited to, the execution of any further assurances deemed necessary by Mortgagee, to establish, maintain and continue the lien created and intended to be created hereby, all assignments made or intended to be made pursuant hereto, and all other rights and benefits conferred or intended to be conferred on Mortgagee hereby, and Mortgagor shall pay any toss incurred by Mortgagee in connection therewith, including all filing and recording costs. 9. Any provision of this Mortgage which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction. 10. The words Mortgagor and Mortgagee whenever occurring herein shall be deemed and construed to include the respective heirs, personal representatives, successors and assigns (as permitted herein) of die Mortgagor and Mortgagee. This Mortgage shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania. 11. This Mortgage shall be a Purchase Money Mortgage. koi 1250 me 133 IN WITNESS WHEREOF, Mortgagor intending to be legally bound hereby, has caused this Mortgage to be duly executed by its President, whose execution has been duly attested, effcctive as of the day and year first above written. ATTEST: MORTGAGOR: Y RAILROAD BUILDERS, INC. By Name: FtixTO?l ???l?l Dy N me: I hn Kennedy Title_ 'TIZEIt Titl - resident (SEAL) CERTIFICATE OF RFSIDENCY I hereby certify that the precise address of the Mortgagee is: CORESTATES BANK, CUSTODIAN FOR SAMUEL 1. AMUSO IRA c/o Pension Consultants, Inc. ti 830 Sir Thomas Court Harrisburg, PA 17109-4800 N i 1 1 7 b00ti 1250 PALE 140 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) On this, the 27th day of January, 1995, Wore me, a Notary Public, the undersigned officer, personally appeared John Kennedy, who acknowledged himself to be the President of Kennedy Railroad Builders, Inc., a corporation, and that he as such President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I hereunto set my hand and official seal. u sow re, Su2rrr K s Pkek csm w t>?. ?ti My Cm tiro- bp- h4 4 , V.rtm a.syko Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA j ss: COUNTY OF CUMBERLAND ) Recorded in the Office -,of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book ba)I Page 13q . WITNESS my hand and seal of Office on _31 s,UQA 1995. RECORDER 8 1651250 rut 141 EXHIBIT "A" ALL THAT CERTAIN tract of land situate In llampden Township, Cumberland County, Pennsylvania, bounded and described In accordance with a survey for ;dichnct A. Set1uco, dated October 19, 1981, prepared by Gerrlt J. Betz Associates Inc., Engineers Surveyors, A3 IOUows: DEGINNING at a pin oQq the southern legal right-or-wny line of TrittJle Road, Itoul, No. 641, at lards now or fobrperly of Lulu Kennedy; thence olonL lnnds now or forrpvrhr of Lulu Kennedy, South 12 duress 00 minutes 00 seconds Cast a dutnncc of 511.91 Ict, to a pipe In the center of a proposed, unopened SO foot private right•of-Way; thaic?: along the center of said proposed, unopened SO foot right-of-way, South 7G J -rccs 01 minutes 00 seconds, West a distance of 80.00 feet to a pipe on the eastern side of , proposed 30 toot private right-of-way; thence along said proposed 30 foot pririt, right-of-way. North 11 degrees CG minutes 00 minutes West a distance a( 5:3.50 feet to the southern legal right-o(-way lino Trindlo Road, Routo No. M; thence along the southern legal right-of-way lino Trindlo Road North 77 degrees 07 minutes 47 scccra: Past a distance of 60.00 feat to a pin, the point and piece of DEGINNING. HAVING thereon erected a two and one-half story brick dwelling house together with other Improvements numbered as 5010 Past TTindia Reed, niechanicsburg, Pennsylvania. Being the >ame prewlses conveyed co Kennedy Railroad Guilders, Inc. by decd of Con>olidated Insurance Group, Inc, dated January 21, 1995 and recorded with cire Cumberland County Recorder of Deeds Office herewich. EDDR 1?50 PAGE 14? ASSIGNMENT OF MORTGAGE Corestates Bank, Custodian Bank for Cumberland County Recorder of Deeds Samuel 1. Amuso, IRA, Assignor Mortgage Book: 1250 Page: ? /3?' TO Date of Recording: January 31, 1995 Debt SI M000.00 Fidelity Management Trust Company Property Address 5020 E Trindle Road Custodian Bank for Samuel J. Amuso, IRA Mechanicsburg, PA Assignee 17055 to c N n ? a 3 0 - ° n co n' 6m 55.i j,;-( 101 ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that CORESTATES BANK, Custodian Bank for Samuel J, Amuso, IRA, for valuable consideration received to its full satisfaction, does hereby sell, assign, transfer and set over unto FIDELITY MANAGEMENT TRUST COMPANY, Custodian for Samuel J. Amuso, IRA, its successors and assigns, a certain Mortgage dated the 27th day of January, 1995, executed and delivered to CORESTATES BANK, Custodian Bank for Samuel J. Amuso, IRA, by KENNEDY RAILROAD BUILDERS, INC., a Pennsylvania Business Corporation. and recorded in Mortgage Book 1250, Page 134, together with a Balloon Note secured thereby and referred to therein, and all sums of money due and to become due thereon IN WITNESS WHEREOF, COjjE;TATES BANK, Gus odian Bank for Samuel J. Amuso, IRA, hereunto sets its hand this da of 1997 ATTEST. istant VicCORESTATES BANK, Custodian Bank for Aesident Amuso, i By `?- - Vice President STATE OF PENNSYLVANIA. ) ) SS COUNTY OF CUMBERLAND , Before me, a Notary Public in and for said County and State, personally appeared the above• named CoreStates Bank, Custodian Bank for Samuel J. Amuso, IRA by its Regional Vice President and , its Assistant Vice President, who acknowledge that they did sign the foregoing instrument and that the same 0?A' t1e free act and deed of said Association and their free act and deed personally and as s.;cn v O's'T NO\ T! a ? ? "roc`- --' t OFr y NOTARY PUBLIC Nowal Scat Eleanor n. Holtmvr, Wi, P:p6C Prrilauelphu, P".?GdJaw`rz Count rnr C.-,sWn Eutrw^ Oct. t2, 19W sm??eUiennedy as r Nt? r i } t P?. r VW ! ?s1 r Mtrt?ti l M sae of county a p¦i n.eorrl.e M Ua e1Nbl tsr w.,wu?lu.eat..ra ecl M for CMt? v 1 ess my hand of alas of 9 I.arllste. PA this dap a 41)? gx?S,4 -P IL a C -7'7 THIS DEED, Tax Parcel No. 10-22-0525-077 Made the 3D day of K) , 1998, BETWEEN KENNEDY RAILROAD BUILDERS, INC., a Pennsylvania Corporation, Party of the First Part, hereinafter designated as the Grantor, AND 165 KEYSTONE LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership, Party of the Second Part, hereinafter designated as the Grantee. WITNGSSETH, that the Grantor for and in consideration of One Dollar ($1.00), lawful money of the United States of America, to the Grantor in hand well and truly paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor being therewith fully satisfied, does by these presents grant, bargain, sell and convey unto the Grantee forever. ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey for Michael A. Serluco, dated October 19, 1982, prepared by Gerrit J. Betz Associates Inc., Engineers & Surveyors, as follows, to wit: BEGINNING at a pin on the southern legal right-of-way line of Trindle Road, Route No. 641, at lands now or formerly of Lulu Kennedy; thence along lands now or formerly of Lulu Kennedy, South 12 degrees 06 minutes 00 seconds East a distance of 521.92 feet to a pipe in the center of a proposed, unopened 50 foot private tight-of-way; thence along the center of said proposed, unopened 50 foot right-of-way, South 76 degrees 00 minutes 00 seconds, West a distance of 80,00 fat to a pipe on the eastern side of a proposed 30 foot private right-of-way; thence along said proposed 30 foot private right-of-way, North 12 degrees 06 minutes 00 seconds West a distance of 523.50 feet to the southern legal right-of-way line Trindle Road, Route No. 641; thence along the southern legal right-of-way litre Trindle Road North 77 degrees 07 minutes 47 seconds East a distance of 80.00 feet to a pin, the point and place of BEGINNING. HAVING thereon erected a two and one-half story brick dwelling house together with other improvements numbered as 5020 East Trindle Road, Mechanicsburg, Pennsylvania. This properly is being conveyed under and subject to an existing Mortgage given by Kennedy Railroad Builders, Inc., to CoreStates Bank, Custodian for Samuel J. Amuso IRA, dated January 27, 1995, to secure $110,000.00 with interest, and recorded January 31, 1995, in Mortgage Book 1250, Page 134, in the Cumberland County Recorder of Deeds Office. BEING the same premises which Consolidated Insurance Group, Inc., by its Deed dated January 27, 1995, and recorded January 31, 1995, in the Office of the Recorder of Deeds of BOOT( 182 P1?i 44,99 Cumberland County in Deed Book 118, Page 72, granted and conveyed unto Kennedy Railroad Builders, Inc., Grantor herein. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantee and to the Grantee's proper use and benefit forever. AND the Grantor covenants that,, except as may be herein set forth, it does and will forever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantor and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shalt be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. IN WITNESS WHEREOF, the Grantor has hereunto set their hand(s) and seal(s) or if a corporation, it has caused these presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto, the day and year first above written. Signed, Sealed and Delivered in the presence of or Attested by KENNEDY RAILROAD BUILDERS, INC. By: 2?x? /JIn Kennedy, President kvk 182 Pact 600 THE UNDERSIGNED CERTIFIES THAT THE RESIDENCE AND COMPLETE POST OFFICE ADDRESS OF THE GRANTEE IS: 10.6. _iox 3t3K, fmr,s?w?, PA 1-7011 wCO Street CIt State Zip Code ? m i7 C7 ?, q Ctl H 1. V Signature fV ;i c, COMMONWEALTH OF PENNSYLVANIA cn SS. s COUNTY OF CUMBERLAND ) j= BE IT REMEMBERED, that on 1, 1?4_, 1998, before me the subscriber personally appeared JOHN KENNEDY who acknowledged himself to be the President of KENNEDY RAILROAD BUILDERS, INC., a Pennsylvania Corporation, and that being authorized to do so as such corporate officer executed the foregoing instrument for the purposes therein contained on behalf of the corporation. WITNESS my hand and seal the day and year aforedescribed. will" ublic "'" ??,?*'? ? P o.ea.nLt Aeu COMMONWEALTH OF PENNSYLVANIA ) 8ois di0run° My tx?rrw? r?u...r. +a, maa : SS. uanow r wfiP aft AnW&W at Ngfts COUNTY OF CUMBERLAND ) Recorded in the Office of the Recorder of Deeds, yetc., in and for said County, in Deed Book /JA Page 98 ! Witness my Hand and Official Sew W - f?19 e Recorder V T BOOK 182 FACE 601 4 SL pQipp N (p~??? !? ?- Ot..l tA4HPS !N U tNl1O b REAGER & ADLER, PC By: Peter Wilson, Esquire Atty. I.D. # 87655 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pwilson@reageradlerpc.com 165 KEYSTONE LIMITED IN THE COURT OF COMMON PARTNERSHIP, PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. FIDELITY MANAGEMENT TRUST NO. COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, Defendant CIVIL ACTION - LAW VERIFICATION 1. Robert R. Long, Jr., verify that I am a manager of CART 38 Limited, the general partner of Plaintiff, 165 Keystone Limited Partnership, and, as such, I am authorized to hereby depose and state, subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint to Quiet Title are true and correct to the best of my information, knowledge and belief. Date: September 12, 2008 • Robert R. Long, Jr. Manager, CART 38 L; z _ t } t5 spa c O V T ?d `CI v1 V 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 165 KEYSTONE LIMITED PARTNERSHIP, Plaintiff, V. CIVIL ACTION - LAW NO.: 08-5486 PRAECIPE FOR APPEARANCE FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRS, Defendants. JURY TRIAL DEMANDED ISSUE NO.: Filed on Behalf of Fidelity Management Trust, Defendant Counsel of record for this party: John K. Gisleson, Esquire PA Id. #62511 Sarah B. Heineman, Esquire PA Id. #91040 Schnader Harrison Segal & Lewis LLP Firm #061 Fifth Avenue Place, Suite 2700 120 5th Avenue Pittsburgh, PA 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 165 KEYSTONE LIMITED PARTNERSHIP, CIVIL ACTION - LAW Plaintiff, NO.: 08-5486 V. FIDELITY MANAGEMENT TRUST COMPANY, Defendant. PRAECIPE FOR APPEARANCE Please enter the appearance of John K. Gisleson, Esquire, Sarah B. Heineman, Esquire, and Schnader Harrison Segal & Lewis LLP on behalf of Defendant, Fidelity Management Trust Company in the above-captioned matter. Respectfully submitted, Jo . Gislesoh, Esquire S ah P. Heineman, Esquire Sc a er Harrison Segal & Lewis LLP Sui 700, Fifth Avenue Place 120 Fifth Avenue Pittsburgh, PA 15222 Telephone: (412) 577-5200 Facsimile: (412) 765-3858 2 CERTIFICATE OF SERVICE I hereby certify that a hue and correct copy of the foregoing Praecipe for Appearance, was served via First Class United States Mail to the following party this 2nd day of October, 2008: Peter R. Wilson, Esquire 2331 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff PHDATA 31329791 ? ;? C? Cam, +? ..-? ?.?. ?s L°k? Q ?.y-?rp C°? &`? i ;7 i ` >> tii`? -? ? ? 4?. ?, ..`t 'y t N "?? '?C? ?'??'?C , ? F . „?" ?? d.•^ REAGER & ADLER, PC By: Peter R. Wilson, Esquire Atty. I.D. # 87655 By: Wayne S. Martin, Esquire Atty. I.D. # 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pwilsonQreageradlerpc.com 165 KEYSTONE LIMITED IN THE COURT OF COMMON PARTNERSHIP, PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL : NO. 08-5486 J. AMUSO, IRA, and : ESTATE OF SAMUEL J. AMUSO, Defendants CIVIL ACTION - LAW NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17103 Phone (717) 249-3166 REAGER & ADLER, PC By: Peter R. Wilson, Esquire Atty. I.D. # 87655 By: Wayne S. Martin, Esquire Atty. I.D. # 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 adlerpc.com Email: pwilson@reageradlerpc.com 165 KEYSTONE LIMITED PARTNERSHIP, V. Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL : NO. 08-5486 J. AMUSO, IRA, and ESTATE OF SAMUEL J. AMUSO, Defendants CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de a notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin rn s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17103 Phone (717) 249-3166 REAGER & ADLER, PC By: Peter IL Wilson, Esquire Atty. I.D. # 87655 By: Wayne S. Martin, Esquire Atty. I.D. # 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pwilson@rea erg adlerpc.com 165 KEYSTONE LIMITED IN THE COURT OF COMMON PARTNERSHIP, PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, NO. 08-5486 and ESTATE OF SAMUEL J. AMUSO, Defendants CIVIL ACTION - LAW AMENDED COMPLAINT TO QUIET TITLE And now, comes the Plaintiff, 165 Keystone Limited Partnership, by its attorneys, Reager & Adler, PC, and files this Amended Complaint to Quiet Title as follows: 1. The Plaintiff, 165 Keystone Limited Partnership, is a Pennsylvania Limited Partnership, with its principal address at 4910 East Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Fidelity Management Trust Company, is a Massachusetts Corporation, with its address at 82 Devonshire Street, Boston, Massachusetts 02109. 3. Plaintiff believes, and therefore avers, that Samuel J. Amuso is deceased. 4. On January 27, 1995, Kennedy Railroad Builders, Inc. ("Kennedy") by Deed dated January 27, 1995, recorded on January 31, 1995, Book 118, Page 72, acquired the real property located at 5020 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania, as more particularly described in the legal description which is attached hereto as Exhibit "A" and made a part hereof (the "Property"). Contemporaneously with Kennedy's acquisition of the Property, a purchase money mortgage in the amount of $110,000.00 was granted by Kennedy to Corestates Bank, Custodian for Samuel J. Amuso, IRA, and recorded on January 31, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 1250, Page 134 (the "Mortgage"). A true and correct copy of the Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. On July 18, 1997, Corestates Bank, Custodian for Samuel J. Amuso, IRA assigned the above referenced mortgage to Defendant, by assignment recorded on July 29, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 553, Page 401 (the "Assignment"). A true and correct copy of said Assignment is marked as Exhibit "C", attached hereto and made a part hereof. 6. On July 30, 1998, Kennedy conveyed the Property to Plaintiff by deed recorded on July 31, 1998, Book 182, Page 599. A true and correct copy of said Deed is marked as Exhibit "D", is attached hereto and made a part hereof. 7. Plaintiff believes, and therefore avers, that the Mortgage has been paid in full, and, therefore, that full and complete marketable title to the Property is free and clear of the subject Mortgage. 8. Plaintiff desires that the Defendants be barred from asserting any right, lien, title or interest in and to the Property. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order that the Defendants, FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA., and ESTATE OF SAMUEL J. AMUSO and any person or entity claiming through them, is forever barred from asserting any right, lien, title or interest in and to 5020 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania. Respectfully submitted, REAGER & ADLER, PC Date: November 3, 2008 By: Peter R. Wilson, Esquire Atty. I.D. # 87655 Wayne S. Martin, Esquire Atty. I.D. # 208078 Attorney for Plaintiff 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 6x l,/ b,- f /{ THIS DEED, Made the a-) T-aay of January, 199S, BETWEEN. CONSOLIDATED INSURANCE GROUP, INC., a Peansyivank Corporation, Party(s) of the First Part, hereinafter designated as the Orantor(s), AND KENNEDY RAILROAD BUILDERS, INC., a I'enncylvsala Corporation, Party(s) of the Second Part, hereinafter designated as the Grantee(s). VVITNESSETH, that the Grantor(s) for and in consideration of ONE HUNDRED THOUSAND AND 00l100--($100,000.00)-Dollars, lawful money of the United States of America, to the Grantor(s) In hand well and truly paid by the Grantee(s), at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor(s) being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantee(s) forever. ALL TI1AT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey for Michael A. Seduco, dated October 19, 1982, prepared by Gerrit J. Betz Associates Inc., Engineers & Surveyors, as follows, to wit: BEGINNING at a pin on the southern legal right-of-way line of Trindle Road, Route No. 641, at lands now or formerly of Lulu Kennedy; thence along lands now or formerly of Lulu Kennedy, South 12 degrees 06 minutes 00 seconds East a distance of 521.92 feet to a pipe in the center of a proposed, unopened 50 foot private right-of-way; thence along the center of said proposed, unopened 50 foot right-of-way, South 76 degrees 00 minutes 00 seconds, West a distance of 80.00 feet to a pipe on the eastern side of a proposed 30 foot private right-of-way; thence along said proposed 30 foot private right-of--way, North 12 degrees 06 minutes 00 seconds West a distance of 523.50 feet to the southern legal right-of-way line Trindk Road, Route No. 641; thence along the southern legal right-of-way line Trindle Road North 77 degrees 07 minutes 47 seconds East a distance of 80.00 feet to a pin, the point and place of BEGINNING. HAVING thereon erected a two and one-half story brick dwelling house together with other improvements numbered as 5020 Past Trindk Road, Mechanicsburg, Pennsylvania. MOK 118 rXf ' 72 BEING the same premises which Michael A. Seduco, by Deed dated ikcanber 31, 1986, recorded in the Otrwe of the Recorder of Deeds of Cumberland County in Deed Book K, Volume 32, Page 773, grariled and conveyed unto Consolidated Insurance Group, inc., a Pennsylvania corporation, Grantor herein. TOGLT TER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditament and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of die Grantor(s) both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together. with the hereditaments and appurtenances unto the Grantee(s) and to the Crantees' proper use and benefit forever. AND die Grantor(s) covenant that, except as may be herein set forth, they do and will forever specially warrant and defend Vie lands and premises, hereditament and appurtenances hereby conveyed, against the Grantor(sj and all other person's lawfully claiming die same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural of singular number 13 intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. BOOK 328 rlsr -73 IN WITNESS WHEREOF, the Grantor(s) havehereuntoset theirhwW(s) and seal(s) or if a corporation, it has caused these presents to be signed by its proper corporate officers and Its corporate seal to be affixed hereto, the day and year first above written, Signed, Scaled and Delivered In the presence of or Attested by Attest CONSOLIDATED INSURANCE GROUP, INC. 2 David M. ger, President THE UNDERSIGNED CERTIFIES TIIAT THE RESIDENCE AND COMPLETE POST OFFICE ADDRESS OF TILE GRANTEE IS: G64 3o 3? v, 1011 Street City 'Slat Zip Code Signal / COMMONWEALTH OF PENNSYLVANIA, COUNTY OF i ? yd1-t,6-r<• )SS. BE IT REMEMBERED, mar on •IhAits f 1,1445-bejurr. me fhe subscriber personally opiwared David M. 11ager who ocknowlivfsed himself to be the President of Consolidated Inrurancv Croap, /loc., a Pommy) xnin Corporation, and (hot bring authorized to do so as such curporare ojjcer emetwed the Jaregulne insrrwnent for slit purlwsu therein cunt ained an beiwif (of the orN?wration. WITIVESS my laaal mat seal the tiny and year aforedettribed. $uwnt4SAer.Notrrr44te ' .?Klrl.?/LM.:.. l? . ? (:,rte({.( ~ MyOOmMiiYrMnEspMq 25, 901 Notary Public GOOK M WE 74 COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) Recorded in the Office of the Recorder of Deeds, etc., in and for said County, in Deed Book Page ML Witness my Hand and Official Sail this day of? 1995. cG c? G/1 r. O Z A r t. r4 ! :Q H ;r°,rti i? N v s ti ~ H 1 O q y ` N _ yp ? A H r -4 boor. 118 Puy, 75 : 1+ N . § x ? ??? ?? 1. This Mortgage and the rights in the Mortgaged Property hereby granted shall secure the Mortgagor's obligation to pay or perform the following: A. The aforesaid loan made by Mortgagee to Mortgagor, evidenced by the Note of even date herewith and any renewals, extensions or modifications thereof, the terms and conditions of whicb are incorporated herein by referenced, in the principal sum as aforesaid, together with interest at the rats specified therein. B. All amounts expended by Mortgagee in the performance by her of any obligation of Mortgagor contained in this Mortgage or in the Note which Mortgagee elects to make due to the failure of Mortgagor to perform the same together with all interest thereon; all such amounts so expended shall be due on demand and shall be added to and become a part of the indebtedness secured by this Mortgage, with interest thereon at the same rate set forth in the Note for interest on the principal sum from the date of the respective expenditures, all of which may be enforced by Mortgagee against Mortgagor at any time. C. All amounts expended by Mortgagee, including costs or expenses incidental thereto, in connection with the completion of any improvements to the Mortgaged Property, all such amounts so expended shall be due on demand and shall be added to and become a part of the indebtedness secured by this Mortgage, with interest ftrz at the same rate set forth in the Note for interest on the principal sum from the date of the respective expenditures, all of which may be enforced by Mortgagee against Mortgagor at any time. D. All costs, expenses and attorney's fees, as provided in said Note incurred in the collation of the obligations secured by this Mortgage or in the protection, perfection or enforcement of the Mortgagee's rights hereunder. E. All other obligations of Mortgagor to Mortgagee, whether now existing or hereafter incurred, including any other agreement or document securing or execrated in connection with the indebtedness evidenced by the Note (such other agreement or document being hereinafter called in a `Collateral Agreement'). 2. Until the entire indebtedness or the Note and all other sums secured by this Mortgage are paid in full, Mortgagor covenants and agrees with the Mortgagee as follows: A. To pay when due the interest on and principal of the Note together with all other sums now or hereafter due under the terms of the Note or this Mortgage. B. To pay at least ten (10) days prior to the accrual of any interest or penalty thereon, all taxes, water and sewer rents, assessments and all other charges or claims which may be assessed or levied upon the Mortgaged Property at any time, by any lawful authority, and which if unpaid may become a lien having priority over any portion of the indebtedness or sums secured hereby either in lien or in distribution out of the proceeds of any judicial sale of the Mortgaged Properly; and to deliver to Mortgagee, upon his request, at least five (5) days before i00K 1250 FACE 135 the last day upon which he may be paid without interest or penalty, official receipts for the current year or other satisfactory evidence of the payment thereof. C. To maintain with respect to the Mortgaged Property insurance against such hazards, in such amounts and with insurers as are satisfactory to Mortgagee; and if said insurance at any part thereof shall expire, be withdrawn or become void by breach of any condition tbereof by Mortgagor or if for any otber reason said insurance shall become unsatisfactory to Mortgagee, to obtain and place new insurance on the Mortgaged Property satisfactory to Mortgagee; and to pay as they shall become due all premiums for such insurance and to deliver to Mortgagee, as further security for the indebtedness secured hereby, all original policies with loss payable clauses in favorof and acceptable to Mortgagee &=W. In the event of any loss or damage to the Mortgaged Property, Mortgagor shall immediately notify Mortgagee, in writing, and Mortgagee may file proof of loss if not filed promptly by Mortgagor. Mortgagor hereby authorizes and directs any insurance company concerned to pay directly to Mortgagee any proceeds (not in excess of the total amount due Mortgagee hereunder) which may be payable under such insurance, including return of unearned premiums and Mortgagee may at their option apply such proceeds or any part thereof to the indebtedness secured hereby or to the repair and restoration of the property damages; and Mortgagor irrevocably appoints Mortgagee as Attorney-in-Fact for Mortgagor to endorse and collect any draft therefore. D. To maintain the Mortgaged Property in good condition, order and repair including restorations and replacements reasonably required by Mortgagee and not to make or permit to be made any alterations to the Mortgaged Property which will reduce the fair market value of the Mortgaged Property without first obtaining the written consent of Mortgagee (which consent shall not be required for improvements, rehabilitation or expansion of the Mortgaged Property), which consent Mortgagee will not unreasonably withhold. Mortgagor agrees to permit Mortgagee and his representatives to enter the Mortgaged Property and inspect the same at all reasonable tutus. E. To notify Mortgagee promptly upon receipt of any notice of commencement of proceedings for the condemnation of the Mortgaged Propeny or any part thereof, and Mortgagor hereby assigns to Mortgagee the proceeds of 231 awards or damages up to the amount of the unpaid principal and accrued interest under the Note and on any other sums due thereunder and hereunder. F. To execute and deliver to the Mortgagee upon request such documents and statements as the Mortgagee may require to perfect, protect or extend the lien or priority of this Mortgage on the Mortgaged Property and to pay all costs of recording or filing such documents or statements in such public offices as the Mortgagee may require. G. That this Mortgage is and shall continue to be a first lien on good and marketable title in fee simple to the Mortgaged Property. eoax t.?.Sf) fact 1 36 H. Mortgagor shall not: (1) sell, contract to sell, convey, alienate or transfer in any manner whatever, the Mortgaged Property or any part thereof or any interest therein, whether legal or equitable, without first obtaining the written consent of the Mortgagee; or (2) be divested of title, or any Interest therein, whether legal or equitable, in any manner or way, whether voluntary or involuntary. 1. Payments received by Mortgagee pursuant to the Note and this Mortgage, shah be applied (1) to costs and attorney tees, if any, Incurred by Mortgagee in the enforcement of any of the terms and provisions of said'Note and this Mortgage; (2) to all amounts expended by Mortgagee pursuant to the Germs and provisions of this Mortgage; (3) to interest due; and (4) to principal due. 3. if Mortgagor shall fail to pay any taxes, water and sewerage rents, assessments and all other charges, claims, prior or subsequent mortgages or ground rents, or fail to maintain insurance, or make all necessary repairs to the Mortgaged Property, or perform any either obligations of Mortgagor contained in the Note, this Mortgage or in any Collateral Agreement, Mortgagee may at his sole option and without prior notice to Mortgagor, advance sums on behalf of Mortgagor in payment of said obligation all of which sums Mortgagor hereby authorizes Mortgagee to make, due to the failure of Mortgagor to make payment of the same, without prejudice to the right of enforcement of the Note or other remedies by Mortgagee shall be due on demand and shall be added to and become a part of the indebtedness secured by this Mortgage, with interest thereon at the same rate set forth in the Note for interest on the principal sum from the date of the respective expenditures, all of which may be enforced by Mortgagee against Mortgagor at any time. 4. The occurrence of any of the following events shall constitute a default hereunder: A. Failure of Mortgagor to make any payment of principal or interest in accordance with the terms of the Note within thirty (30) days after it is due. B. Failure of Mortgagor to pay when due any of the sums required to be paid on account of the Note or under the terms of this Mortgage or any Collateral Agreement. C. Failure of Mortgagor to observe, perform or comply with any other term, covenant or condition contained in the Note, this Mortgage or any Collateral Agreement. D. Any reprrxntation, warranty, financial statement or other information made or furnished by Mortgagor to Mortgagee in compliance with or in connection with the loan secured hereby, shall prove to have been false or erroneous in any material tcspect when made or furnished. E. Mortgagor shall be adjudicated bankrupt or make an assignment for the benefit of creditors or suffer proceedings under any law relating to the bankruptcy, insolvency or the i651250 mE 137 reorganization or relief of debtors to be instituted against Mortgagor, and if contested by Mortgagor, not to be dismissed within ninety (90) days after commencement of said proceedings. F. Commencement of any action or proceeding to foreclose any lien upon the Mortgaged Property or any part thereof other than the lien of this Mortgage. 5. The unpaid principal indebtedness of the Note and all other sums secured by this Mortgage, together with accrued interest thereon, shall immediately become due and payable without notice or demand upon the occurrence of a default specified in Paragraph 4 and Mortgagee may immediately: A. Institute an action of Mortgage Foreclosure against the Mortgaged Property, or take such other action at taw or in equity for the enforcement hereof and realization on the Mortgage security as the law may allow, and may proceed to final judgment and execution for the entire unpaid balance of said principal sum, with interest at the rate stipulated in said Note to the date of default, and thereafter at the rate so stipulated in the Note, together with all other sutra due by Mortgagor in accordance with the provisions hereof and of said Note, including all sums which may have been loaned by Mortgagee to Mortgagor aft,cr the date of this Mortgage, and all sums which may have been advanced by Mortgagee for taxes, water and sewerage rents, assessments, charges or claims, insurance premiums or costs to preserve or make repairs to the Mortgaged Property, plus all costs of suit, together with the maximum lawful interest on any judgment obtained by Mortgagee at the rate stipulated in said Note until actual payment is made of the full amount due Mortgagee, and an attorney's commission for collection which shall be five (5%) percent of the total indebtedness owed to Mortgagee but not less than One Thousand and Noll00 ($1,900.00) Dollars, without further stay, any law, usage or custom to the contrary notwithstanding; and/or B. Enter into possession of the Mortgaged Property, with or without legal action and manage, operate and lease the same, collect all rentals and after deduction of all costs of collection and administration expenses, apply the net rentals to the payment of taxes, water and sewerage rents, assessments, charges w4 claims, insurance premiums and all other carrying charges, and to the maintenance, operation, repair or restoration of the Mortgaged Property, or on account of and in reduction of the principal and interest secured hereby in such order and amounts as Motgagee, in Mortgagee's sole discretion, may elect and Mortgagor hereby authorizes and empowers any attorney or attorneys of any Court of the Commonwealth of Pennsylvania or elsewhere to appear for Mortgagor and as attorney for Mortgagor to sign an agreement for entering an arnicable action in ejectment for possession of the Mortgaged Property, and to confess judgment therein against Mortgagor in favor or Mortgagee, whereupon a writ of possession may immediately issue for the possession of the Mortgaged Property, without any prior writ or proceedings whatsoever; and for so doing, this Mortgage or copy hereof verified by affidavit shall be a sufficient warrant. Any exercise by Mortgagee of any rights upon or under any lease to the Mortgaged Property shall not constitute an affirmance of such lease and shall not impair the right of Mortgagee to terminate such lease upon purchase of etitix1250 vacs 138 the Mortgaged Property at a foreclosure We. Any lease made by Mortgagee shall be valid notwithstanding the subsequent termination of such authority or satisfaction of this Mortgage. 6. The remedies of Mortgagee as provided herein, or in the Note, and all warrants herein and in the Note shall be cumulative and concurrent, and may be pursued singly, successively or together against Mortgagor andlor the Mortgaged Property, at the sole discretion of the Mortgagee, and shall not be exhausted by any exercise thereof but may be exercised as often as occasion therefore shall t>cctir; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release of the same. 7. Mortgagor hereby waives and releases all errors, defects and imperfections in any proceedings instituted by Mortgagee under this Mortgage, as well as all benefits that might accrue to Mortgagor by virtue of any present or future laws exempting the Mortgaged Property, or any part of the proceeds arising from any sale thereof, from attachment, levy or sale under execution, or providing for any stay of execution, exemption from civil process or extension of dine for payment. 8. Mortgagor shall, promptly upon require of Mortgagee, do all acts and things, including but not limited to, the execution of any further assurances deemed necessary by Mortgagee, to establish, maintain and continue the lien created and intended to be created hereby, all assignments made or intended to be made pursuant hereto, and all other rights and benefits conferred or intended to be conferred on Mortgagee hereby, and Mortgagor shall pay any costs incurred by Mortgagee in connection therewith, including all filing and recording costs. 9. Any provision of this Mortgage which is prohibited or unenforceable in any jurisdiction stall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or tender unenforceable such provisions in any other jurisdiction. 10. The words Mortgagor and Mortgagee whenever occurring herein shall be deemed and construed to include the respective heirs, personal representatives, successors and assigns (as permitted herein) of the Mortgagor and Mortgagee. This Mortgage shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania. 11. This Mortgage shall be a Purchase Money Mortgage. DObi 1250 au 139 IN WITNESS WHEREOF, Mortgagor intending to be legally bound hereby, has caused this Mortgage to be duty executed by its President, whose execution has been duly attested, effective as of the day and year first above written. ATTEST: MORTGAGOR; Y RAM ROAD WULDERS, INC. By Name: FutroeJ kr?nl.)t= Dy N me: hn Kennedy Title: SEAS Tit! • resident (SEAL) CERTIFICATE OF RESIDENCY I hereby certify that the precise address of the Mortgagee is: Ln cn CORFSTATES BANK, CUSTODIAN FOR SAMUEL J. AMIJSO IRA c/o Pension Consultants, Inc. 830 Sir Thomas Court ' Harrisburg, PA 1 7 1 09-4 800 'l. 1- 7 t6tia 1?.50 ?aci 140 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) On this, the 27th day of January, 1995, before me, a Nolary Public, the undersigned officer, personally appeared John Kennedy, who acknowledged himself to be the president of Kennedy Railroad Builders, Inc., a corporation, and that fie as such President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I hereunto set my (rand and official seal. ?keral sew Susrm K Sir. NOWYPOk c+?we?.a,?ecow? AyCpmi?lonF.?nshq.a3, 7 Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF CUMBERLAND ) Recorded in the office or the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book b` ?, page 13q WITNESS my hand and seal of Office on LJ) 1995. RECORDER 8 ii(TU250 Pact 141 EXHIBIT "A" ALL THAT CERTAIN tract of land situate In 1lameden Township, Cumberland County, Pomsytvaala, bounded and described in accordance vALh a survey for Michael A. Serluco, dated October 10, 1#61, prepared by Gerrit J. Betz Associates inc., Eneince s Surveyors, as follows) BEGINNING at a pin "the southern legal rlghl-of-way line of Trindle Road, hoot., No. 641, at lands now or folverly of Lulu Kannodyi thence eiong lands now or formerly of lulu hannody, South 12 de6tes 06 minutas 00 seconds East ¦ distance of 521.02 fee! to a pipe In the center of a proposed, unopened 50 foot private right-of-way; tbcna: along the canter of said proposed, unopened 50 fool right-of-way, South 76 decrees 0u minulas 00 Mends, West A distance of 00.00 feet to a pipe on the eastern side of n proposed 30 foot private right-of-ways !hence along said proposed 30 foot private right-of-way, North 12 degrees 06 minutes 00 minutes West a distance of 522.50 feet to the southero legal eight-of=way line Trladlo Road, Route No. 641; thence Along tlec southern legal rfgla-of-wsy 11no Trindle hood North 77 degrees 0? minutes 47 second: East a distance of 60.00 foot to a pin, the point and plaeo of BEGINNING, HAVING thereon erected a two and one-half story brick dwelling house together with other Improvements numbered as $020 East Trlnd16 Road, Mechanlcaburg, Pennsylvania. Being the same premises conveyed to Kennedy Railroad Builders, Inc, by dead of Consolidated Insurance Group, Inc, dated January 27, 1995 and recorded with the Cumberland County Recorder of Deeds Office herewith. iofi i 1250 fAcf 142 ASSIGNMENT OF MORTGAGE Corestates Bank, Custodian Bank For Cumberland County Recorder of Deeds Samuel J. Amuso, fRA, Assignor Mortgage Book: 1250 Page;lM /3'f TO Date of Recording: January 31, 1995 Debt: $110,000.00 Fidelity Management Trust Company Property Address: 5020 E. Trindle Road Custodian Bank for Samuel J. Amuso, rRA Mechanicsburg, PA Assignee 17055 cc C- N n cis p ]U 'U ? t7On 3 0 ? - c o '- N z rn ? ors Co n bum 55 I•Au. V1 KNOW ALL MEN BY THESE PRESENTS, that CORESTATE3 BANK, Custodian Bank for Samuel J. Ammo, PA for valuable consideration received to its full satisfaction, does hereby sell, assign, transfer and set over unto FIDELITY MANAGEMENT TRUST COMPANY, Custodian for Samuel J. Amuse, IRA, its successors and assigns, a certain Mortgage dated the 27th day of January, i 895, executed and delivered to CORESTATES BANK, Custodian Bank for Samuel J. Amuse, PA by KENNEDY RAILROAD BUILDERS, INC., a Pennsylvania Business Corporation, and recorded in Mortgage Book 1250, Page 134, together with a Balloon Note secured thereby and referred to therein: and all sums of money due end to become due ttweon. IN WITNESS WHEREOF, CQyjF?STyTES BANK Ous odtan Banc for Samuel J. Amuso, IRA, hereunto sets its hand this da of L 1997. ATTEST: CORESTATES BA-N--K, Custodian Bank for Ce? uso'?z ,a _- Byl istant Vice President Vice President STATE OF PENNSYLVANIA ) )SS.: COUNTY OF CUMBERLAND ) Before me, a Notary Public in and for said County and State, personalty appeared the above. named Con States Bank, Custodian Bank for Samuel J. Amuse, IRA, by its Regional Vice President and its Assistant Vice President, who acknowledge that they did sign the foregoing instrument and that the samg,(A,ihp.free act and deed of said Association and their free act and deed personally and as such y NOTARY PUBLIC NWarial Seri Eisenor R. Holman, Nwrps Public My PStC:iJuipDCL IZ MT Conarwa icrrdrea qcL 12, 1 t Dae ': i, } : f . ' lteoerdsd no amNe%ennedy.asn; a} far M { •?-fir ?.?`?' 'r ? i BoukZ?2i.2YM. S Gv 'f'yj:, r? v:a my hands d.Ofaw t A ' ???t ?• ?;?; ?s ". '.: ?arask, PA this dsy 01 ctR'' M;1r' ! M!)X 5503 1'Au 402 25 - t' THIS DEED, Tax Pared No. 10-22-0525-077 Made the33"day of J? 1998, BETWEEN KENNEDY RAILROAD BUILDERS, INC., a Penosylrania . Corporation, Party of the First Part, hereinafter designated as the Grantor, AND 165 KEYSTONE LI IITED PARTNERSHIP, a Pennsylvania Limited Partnership, party of the Second Part, hereinafter designated as the Grantee. WPTNPSSETH, that the Grantor for and in consideration of One Dollar ($1.00), lawful money of the United States of America, to the Grantor In band well and truly paid by the Grantee, at or before the sealing sad delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor being therewith fully satisfied, does by these presents grant, bargain, sell and convey unto the Grantee forever. ALL THAT CERTAIN piece or parcel of land situate In Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey for Michael A. Serluco, dated October 19, 1982, prepared by Gerrit J. Betz Associates Inc., Engineers do Surveyors, as follows, to wit: BEGINNING at a pin on the southern legal right-of-way line of Trindle Road, Route No. 641, at lands now or formerly of Lulu Kennedy; thence along lands now or formerly of Lulu Kennedy, South 12 degrees 06 minutes 00 seconds East a distance of 521.92 feet to a pipe in the center of a proposed, unopened 50 foot private right-of-way; thence along the center of said proposed, unopened 50 foot right-of-way, South 76 degrees 00 minutes 00 seconds, West a distance of 80.00 fret to a pipe on the eastern side of a proposed 30 foot private right-of-way; thence along said proposed 30 foot private right-of-way, North 12 degrees 06 minutes 00 seconds West a distance of 523.50 feet to the southern legal right-of-way Hue Trundle Road, Route No. 641; thence along the southern legal right-of-way line Triadic Road North 77 degrees 07 minutes 47 seconds East a distance of 80.00 feu to a pin, the point and place of BEGINNING. HAVING thereon erected a two and one-half story brick dwelling house together with other improvements numbered as 3020 East Trindle Road, Mechanicsburg, Pennsylvania. This property is being conveyed under and subject to an existing Mortgage given by Kennedy Railroad Builders, Inc., to Cores6i a Bank, Custodian for Samuel J. Amuso IRA, dated January. 27, 1995, to secure $110,000.00 with interest, and recorded January 31, 1995, in Mortgage Book 1250, Page 134, in the Cumberland County Recorder of Deeds Office. BRING the same premises which Consolidated Insurance Group, Jac., by its Deed dated January 27, 1995, and recorded January 31, 1995, in the Office of the Recorder of Deeds of BOOK 182 AX THE UNDERSIGNED CERTIFIES THAT THE RESEDENCE AND COMPLETE POST OFFICE ADDRESS OF THE GRANTEE IS: ?jtrcMar,s?w? PA I`mil Et, • ?ox 3038 cc . , , Stmt p State Zip Code r r- u) rr1 -t m ,6co (? ? S, fry Slgdattffe 1-+ 1 1= ? C7 ? 'tl 1 1 r COMMONWEALTH OF PENNSYLVANIA ) N = rn SS. COUNTY OF CUMBERLAND BE IT REMEMBERED, that on -\ALA!4 3Q1998, before me the subscriber personally appeared JOHN KENNEDY who acimowledged hhuself to be the President of KENNEDY RAILROAD BUILDERS, INC., a Pennsylvania Corporation, and that being authorized to do so as such corporate officer executed the foregoing instrument for the purposes therein contained on behalf of the corporation. ;e ,WrrNESS my band and seal the day and year aforedescribed. . OF PENNSYLVANIA COUNTY OF CUMBERLAND otary Public ?trs.r t?.eona?sm..lri, hao SS. tMSieK tNYws Recorded in the Office of the Recorder of Deeds, etc., in andfor said County, in Deed Book J'k Page IggRigg I HIM Witness my Hand and Official SeII / ?i? SH W Aa2 S ? Recorder ?- N'l, ftmt-'. N ffi Fox 182 PACE 60i 1p1?4+LMn?p-?p1??1q"1:1 afnrv OWiJ1ONSS wN<N tV L/1 ?! N REAGER & ADLER, PC By: Peter Wilson, Esquire Atty. I.D. # 87655 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pw lsonarea erg adlerpc.com 165 KEYSTONE LIMITED PARTNERSHIP, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, ' and NO. 08-5486 ESTATE OF SAMUEL J. AMUSO, Defendants CIVIL ACTION - LAW VERIFICATION I, Robert R. Long, Jr., verify that I am a manager of CART 38 Limited, the general partner of Plaintiff, 165 Keystone Limited Partnership, and, as such, I am authorized to hereby depose and state, subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Amended Complaint to Quiet Title are true and correct to the best of my information, knowledge and beli Date: 2 7 OE7n 2008 V I?...¦ Robert R. Long, J Manager, CAR'S f"t CZ) -t U{ By: Peter R. Wilson, Esquire Atty. I.D. # 87655 By: Wayne S. Martin, Esquire Atty. I.D. # 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pwilsongreageradlerpc com 165 KEYSTONE LIMITED PARTNERSHIP, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, and NO. 08-5486 ESTATE OF SAMUEL J. AMUSO, : Defendants CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I hereby accept service of 165 Keystone Limited Partnership's Amended Complaint on behalf of Defendant, Fidelity Management Trust Company Custodian for Samuel J. Amuso, IRA, and I certify that I am authorized to do so. Dated: IU John K. Gileson, Esquire r?' `• ? tV „? a ».f ?-? ? .?^' . . L.t) "'?? Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 165 KEYSTONE LIMITED PARTNERSHIP, Plaintiff, CIVIL ACTION - LAW NO.: 08-5486 V. FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J AMUSO, IRS, ANSWER AND NEW MATTER TO AMENDED COMPLAINT TO QUIET TITLE Defendants. JURY TRIAL DEMANDED Filed on Behalf of Fidelity Management Trust Company, Defendant Counsel of record for this party: John K. Gisleson, Esquire PA Id. #62511 Sarah B. Heineman, Esquire PA Id. #91040 NOTICE TO PLEAD To Plaintiff: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgTent may be entered against you. Schnader Harrison Segal & Lewis LLP Firm #061 Fifth Avenue Place, Suite 2700 120 5th Avenue Pittsburgh, PA 15222 Jo . Gisleson, Esquire ` Co sel for Fidelity Investments Life In ranee Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 165 KEYSTONE LIMITED PARTNERSHIP, CIVIL ACTION - LAW Plaintiff, NO.: 08-5486 V. FIDELITY MANAGEMENT TRUST COMPANY, Defendant. ANSWER AND NEW MATTER TO COMPLAINT TO QUIET TITLE Fidelity Management Trust Company ("FMTC"), Custodian for Samuel J. Amuso, IRA, by and through its counsel, Schnader Harrison Segal & Lewis LLP, hereby answers the Amended Complaint to Quiet Title and asserts New Matter as follows: 1. Denied. After reasonable investigation, FMTC is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph. 2. Admitted. 3. Denied. After reasonable investigation, FMTC is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph. 4. Denied. After reasonable investigation, FMTC is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph. 5. Denied. After reasonable investigation, FMTC is without knowledge or information sufficient to form a belief as to whether any such Assignment occurred inasmuch as FMTC's records do not contain the referenced Assignment. FMTC did not receive a copy of the referenced Assignment. 2 6. Denied. After reasonable investigation, FMTC is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph. 7. Denied. After reasonable investigation, FMTC is without knowledge or information sufficient to form a belief as to whether the Mortgage was paid in full. Further, FMTC denies as a conclusion of law to which no response is required that full and complete marketable title to the property is free and clear of the subject Mortgage. 8. FMTC admits, based on the allegations of the Complaint, that Plaintiff desires that FMTC "be barred from asserting any right, lien, title or interest in and to the Property." As a further answer, FMTC is not asserting any right, lien, title or interest in and to the Property inasmuch as FMTC did not receive the Mortgage or Assignment, and there is no documentation in its files to indicate that FMTC, as custodian, has any such right, lien, title or interest in and to the Property. WHEREFORE, Fidelity Management Trust Company, Custodian for Samuel J. Amuso, IRA, asks this Court enter an order concerning the right, lien, title or interest in and into 5020 East Trindle Road, Hampton Township, Cumberland County, Pennsylvania. NEW MATTER FMTC incorporates herein by reference the allegations in each of the preceding paragraphs as if set forth at length herein. 2. FMTC serves as the custodian for the assets in the Samuel J. Amuso, IRA. 3. FMTC does not exercise any discretion over investment decisions concerning the account, including what assets are placed into or removed from the account. 4. The Complaint to Quiet Title refers to a $110,000.00 purchase money mortgage ("Mortgage") that was granted by 165 Keystone Limited Partnership to CoreStates 3 Bank, custodian for Samuel J. Amuso, IRA and recorded on January 31, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in record book 1250, page 134. 5. FMTC was never directed by the Samuel J. Amuso IRA, or anyone purporting to act on its behalf, to include the Mortgage in the assets of the account. 6. CoreStates Bank did not provide the Mortgage to FMTC. 7. Because the Mortgage was never provided to FMTC, the Mortgage is not an asset of the Samuel J. Amuso, IRA. 8. Plaintiff alleges that Core States Bank, custodian for Samuel J. Amuso, IRA assigned the Mortgage to FMTC on or about July 18, 1997, by assignment recorded on July 29, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in record book 553, page 401. 9. Core States Bank did not provide FMTC a copy of the Assignment. 10. FMTC had no notice of the alleged Assignment prior to receiving a copy of the Complaint. 11. Neither the Mortgage nor the Assignment that are referenced in the Complaint is included in the assets of the Samuel J. Amuso, IRA. 12. FMTC, as custodian for the Samuel J. Amuso IRA, does not assert any right, lien, title or interest in and to the Property because, based on FMTC's records, neither the Mortgage nor the Assignment ever became part of the assets of the Samuel J. Amuso IRA. 13. It is contrary to FMTC's policies and procedures for an IRA to contain either a mortgage or an assignment as set forth in the Complaint to Quiet Title. 4 14. Samuel J. Amuso has not notified FMTC that the Samuel J. Amuso IRA should contain the Mortgage or the Assignment. Respectfully submitted, JJ n K. Gisleson, Esquire Sarah B. Heineman, Esquire Schnader Harrison Segal & Lewis LLP Suite 2700, Fifth Avenue Place 120 Fifth Avenue Pittsburgh, PA 15222 Telephone: (412) 577-5200 Facsimile: (412) 765-3858 5 VERIFICATION I, Douglas Kant, of Fidelity Management Trust Company state that I am familiar with the facts set forth in the Answer to the Amended Complaint to Quiet Title and New Matter and that said facts are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, which relates to unsworn falsification to authorities. Doug as Kant or Fidelity Management Trust Company DATE: (? ( CJ g PHDATA 31470511 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer and New Matter to Amended Complaint to Quiet Title, was served via First Class United States Mail to the following party this 24Th day of November, 2008: Peter R. Wilson, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff W-x K. Gisleson A 165 KEYSTONE LIMITED PARTNERSHIP, v. Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, and ESTATE OF SAMUEL J. AMUSO, Defendants NO. 08-5486 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Wayne S. Martin, verify that on November 26, 2008, I caused the Notice, which is attached hereto as Exhibit A, to be placed in the United States mail, first class, postage prepaid and addressed to Defendant's Attorney: John K. Gisleson, Esquire Schnader Harrison Segal & Lewis LLP 120 Fifth Ave., Suite 2700 Pittsburgh PA 15222 A copy of the certificate of mailing is attached hereto as Exhibit B. Respectfully submitted, REAGER & ADLER, P.C. klz Peter . Wilson, Esquire Atty. I.D. # 87655 Wayne S. Martin, Esquire Atty. I.D. # 208078 Attorney for Plaintiff 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 REAGER & ADLER, PC By: Peter R. Wilson, Esquire Atty. I.D. # 87655 By: Wayne S. Martin, Esquire Atty. I.D. # 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pwilson(iDrea errpc.com 165 KEYSTONE LIMITED PARTNERSHIP, V. Plaintiff, FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, and ESTATE OF SAMUEL J. AMUSO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 08-5486 CIVIL ACTION - LAW IMPORTANT NOTICE TO: John K. Gisleson, Esquire Schnader Harrison Segal & Lewis LLP 120 Fifth Ave., Suite 2700 Pittsburgh PA 15222 DATE OF NOTICE: November 26, 2008 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 WITHIN TEN (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Exhibit A CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17103 Phone (717) 249-3166 Respectfully submitted, REAGER & AD7vi P . Peter . Wilson, squire Atty. I.D. # 87655 Wayne S. Martin, Esquire Atty. I.D. # 208078 Attorney for Plaintiff 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 yQ l" ® Pl7NfY 8Q4ybS 02 1P $01-loo 1 0002402320 NOV26 2008 IlMAIIMFRoFA_7jpCODEI 3011 J A 3 O z c' J u 9 N s ? ? _ i Cr 8 cr S N R 7 C c0 A r M€ 6 LL y a - i. Exhibit B REAGER & ADLER, PC By: Peter R. Wilson, Esquire Atty. I.D. # 87655 By: Wayne S. Martin, Esquire Atty. I.D. # 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pwilson@rea erg adlerpc.com 165 KEYSTONE LIMITED PARTNERSHIP, V. Plaintiff, FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, and ESTATE OF SAMUEL J. AMUSO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 08-5486 CIVIL ACTION - LAW ANSWER TO DEFENDANT FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA NEW MATTER And now, comes the Plaintiff, 165 Keystone Limited Partnership, by its attorneys, Reager & Adler, PC, and files this Answer to Defendant Fidelity Management Trust Company Custodian for Samuel J. Amuso, IRA ("FMTC") New Matter as follows: 1. Denied. Paragraph 1 of FMTC's New Matter contains more than one factual averment and Plaintiff is unable to ascertain what it is being asked to admit or deny. 2. Admitted. 3. Admitted on information and belief. 4. Denied as stated. The Amended Complaint to Quiet Title is a document, which speaks for itself. 5. Denied. To the contrary, on July 18, 1997, Corestates Bank, Custodian for Samuel J. Amuso, IRA assigned the Mortgage to FMTC, by assignment recorded on July 29, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 553, Page 401. Attached to the Amended Complaint as Exhibit C. Further, FMTC accepted monthly payments in the amount of $877.80 from the Plaintiff in January 1999, February 1999, and March 1999. See Vendor Payment Journal attached as "Exhibit A." FMTC accepted from the Plaintiff a final payment on the Mortgage on September 22, 1999 in the amount of $107,932.55, but FMTC failed to file a satisfaction piece. See General Ledger attached as "Exhibit B." 6. Denied. To the contrary, on July 18, 1997, Corestates Bank, Custodian for Samuel J. Amuso, IRA assigned the Mortgage to FMTC, by assignment recorded on July 29, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 553, Page 401. Attached to the Amended Complaint as Exhibit C. Further, FMTC accepted monthly payments in the amount of $877.80 from the Plaintiff in January 1999, February 1999, and March 1999. See Vendor Payment Journal attached as "Exhibit A." FMTC accepted from the Plaintiff a final payment on the Mortgage on September 22, 1999 in the amount of $107,932.55, but FMTC failed to file a satisfaction piece. See General Ledger attached as "Exhibit B." 7. Denied. To the contrary, on July 18, 1997, Corestates Bank, Custodian for Samuel J. Amuso, IRA assigned the Mortgage to FMTC, by assignment recorded on July 29, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 553, Page 401. Attached to the Amended Complaint as Exhibit C. Further, FMTC accepted monthly payments in the amount of $877.80 from the Plaintiff in January 1999, February 1999, and March 1999. See Vendor Payment Journal attached as "Exhibit A." FMTC accepted from the Plaintiff a final payment on the Mortgage on September 22, 1999 in the amount of $107,932.55, but FMTC failed to file a satisfaction piece. See General Ledger attached as "Exhibit B." 8. Admitted. 9. Denied. To the contrary, FMTC accepted monthly payments in the amount of $877.80 from the Plaintiff in January 1999, February 1999, and March 1999. See Vendor Payment Journal attached as "Exhibit A." FMTC accepted from the Plaintiff a final payment on the Mortgage on September 22, 1999 in the amount of $107,932.55, but FMTC failed to file a satisfaction piece. See General Ledger attached as "Exhibit B." 10. Denied. To the contrary, FMTC accepted monthly payments in the amount of $877.80 from the Plaintiff in January 1999, February 1999, and March 1999. See Vendor Payment Journal attached as "Exhibit A." FMTC accepted from the Plaintiff a final payment on the Mortgage on September 22, 1999 in the amount of $107,932.55, but FMTC failed to file a satisfaction piece. See General Ledger attached as "Exhibit B." 11. Admitted. It is admitted that neither the Mortgage nor the Assignment that are referenced in the Complaint are included in the assets of the Samuel J. Amuso, IRA because Plaintiff made, and FMTC accepted, a final payment on the Mortgage on September 22, 1999. 12. Admitted. 13. Admitted on information and belief. 14. Admitted on information and belief. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order that the Defendant, FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA any person or entity claiming through them, is forever barred from asserting any right, lien, title or interest in and to 5020 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania. Respectfully submitted, REAGER & ADLER, PC Date: December 10, 2008 By: ? / Peter J(. Wilson, Esquire Atty. I.D. # 87655 Wayne S. Martin, Esquire Atty. I.D. # 208078 Attorney for Plaintiff 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 REAGER & ADLER, PC By: Peter R. Wilson, Esquire Atty. I.D. # 87655 By: Wayne S. Martin, Esquire Atty. I.D. # 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pwilson@rea erg adleipc.com 165 KEYSTONE LIMITED PARTNERSHIP, V. Plaintiff, FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, and ESTATE OF SAMUEL J. AMUSO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 08-5486 CIVIL ACTION - LAW VERIFICATION I, Robert R. Long, Jr., verify that I am a manager of CART 38 Limited, the general partner of Plaintiff, 165 Keystone Limited Partnership, and, as such, I am authorized to hereby depose and state, subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Answer to Defendant Fidelity Management Trust Company Custodian for Samuel J. Amuso, IRA New Matter are true and correct to the best of my information, knowledge and belief. Date: 9 i"P-L, 2008 Robert R. LMr, Manager, CART a:'6.: _.g.:u v ?? ~? ?, ?... 165 !•''.C::`{c:iTONE LTD PARTNERSHIP PAGE ? /(!'; ,'';=;1;7f1?11tt 1_.t'•:i li ? 1. i::,'liYl • VENDOR PAYMENT JOURNAL DAUPHIN DEPOSIT BANK TO 12/31/99 °rE- ftil: AMOUNT DISTRIBUTION NO. i' VENDOR ID NAME NNAME ----------------- L/27/99 1067 D FIDELITY MANAGEMENT T RU:a 877. S!''- DESCRIPTION: HAGE: R MTG -------------------- DISTRIBUTION: 2852 1f OR'f GAGE--HACKER B77.80 dr 877. 80 wr 1010 >:?raUf=iHIra DEc-ieiSt•r xxANt€ /02119 1060 D DLSCR I PT I ON -------------------- DESCRIPTION: DISTRIBUTION: 2/22/99 1070 D DESCRIPTION: ------------------- DISTRIBUTION; FINANCIAL TRUST CO 756.65 SUGAR SHACK M TG 2E:51 MORTGAGE--SUGAR SHACK 131. 08 dr•. f X351 INTEREST-SUGAR SHACK 625.57 C' r-• 1010 DAUPHIN DEPOSIT BANK 756.65 r_ r, FINANCIAL TRUST CO 654.00 SMITH MTS. 2850 rrIC1RTGAGE-•-t•.Urft,L.E LANE 113. 50 d-r-, 6350 1rdTERLST°-la:Ui`J1-,L«E LANE 540. 50 dr- 1010 DAUPHIN DEP=OSIT BANK 654. 00 cr_. FIDE LITY MANAGEMENT .I`RUS 877.80 28152 MORTGAGE--HALER 877. 80 dr"• 10 10 . DAUPH I N DEPOSIT BANK 877. 80 cr. 13/63/99 1071 D F'INANCIAL. TRUST CO 756.65 DESCRIPTION: SUGAR SHACK M T O ----------------- N: J'E'1:C DISRIBt - W 2851 MORTGAGE-SUGAR SHACK 192.62 dr+. . . 6351 INTEREST-SUGAR Sf-fACt. 564.03 dr 1010 DAUPHIN DEPOSIT BANK 756.65 cr• 13/17/99 1072 D FINANCIAL TRUST COMPANY. 654.00 DESC:RIPTIONe SMITH MGT ---------------- DISTRIBUTION: --- 2Ei50 . MGRTGAGE:•--KUNKLE:: LANE 166.57 CI'r"• 6350 INTEREST--KUNf'LE LANE 487. 43 dr" 1010 DAUPHIN DEPOSIT BANK 654.00 C• r"• 13/24/99 1073 D FIDELITY MANAGEMENT T RUS 877.80 DESCRIPTION: HAGER MTG. ... `E?I c?T I?]"IClN? IiI ..... 2852 MORTGAGE-HAG R 87'7. 80 dr° . 1010 DAUPHIN DEPOSIT BANK 877.80 cr 14/01/99 1074 D DESCRIPTION: I is ST R I BUT I ON t FINANCIAL TRUST COMPANY !'5C.*,. (-'5 SUGAR SHACK MTG 285 1 I'riC.1R 1`GAGE.._SI.JCAi'3 :=ih#C1Cf'i 133. 55 dr 03/12/.2000 @06:24PM 165 KEYSTONE.LTD PARTNERSHIP GENERAL LEDGER FOR THE PERIOD 01/01/99 TO 12/31/99 DATE SOURCE DESCRIPTION DEBIT -------- -------- ---------------------------- ------------- 07/19/99 A/P-DIS 07/26/99 A/P-DIS 08/03/99 A/P-DIS 08/03/99 A/P-DIS 08/23/99 A/P-DIS 08/23/99 DEPOSIT 08/26/99 A/P-DIS 08/27/99 DEPOSIT 09/03/99 A/P-DIS 09/03/99 DEPOSIT 09/21/99 A/P-DIS 09/21/99 A/P-DIS 09/21/99 A/P-DIS 09/21/99 DEPOSIT 09/22/99 A/P-DIS 09/22/99 DEPOSIT 09/28/99 A/P-DIS 09/28/99 A/P-DIS 10/05/99 DEPOSIT 10/14/99 A/P-DIS 10/14/99 A/P-DIS 10/14/99 A/P-DIS 10/14/99 A/P-DIS 10/18/99 DEPOSIT 10/28/99 A/P-DIS 10/28/99 A/P-DIS 10/29/99 A/P-DIS 10/29/99 A/P-DI: 11/03/99 DEPOSIT 11/08/99 A/R-BNK 11/08/99 DEPOSIT 11/11/99 A/P-DIS 11/11/99 A/P-DIS 11/11/99 A/P-DIS 11/11/99 A/P-DIS 11/11/99 A/P-DIS 11/16/99 DEPOSIT 11/16/99 A/R-BNK 11/16/99 DEPOSIT 11/17/99 A/P-DIS 11/22/99 A/P-DIS 11/22/99 A/P-DIS 11/22/99 A/P-DIS 11/22/99 A/P-DIS 12/13/99 DEPOSIT 12/22/99 DEPOSIT 12/22/99 A/P-DIS 12/22/99 A/P-DIS 12/23/99 A/P-DIS 12/28/99 A/P-DIS 12/28/99 A/P-DIS KEYSTONE FINANCIAL #1093 FIDELITY MANAGEMENT #10-94 JAMES B. WIEBE.111 #1095 KEYSTONE FINANCIAL #1096. KEYSTONE FINANCIAL #1097 Bank Deposit *DEPOSIT KATHRYN W. FETROW, T#1098 Bank Deposit #DEPOSIT FIDELITY MGMT TRUST #1099 Bank Deposit, #DEPOSIT KEYSTONE FINANCIAL #1100 KEYSTONE FINANCIAL #1101 D&B PLUMBING #1102 Bank Deposit #DEPOSIT FIDELITY MGMT TRUST #1103 Bank Deposit #DEPOSIT INSURANCE & SURETY #1104 PP&L #1106 'Bank Deposit #DEPOSIT HAMPER TOWNSHIP #1107 KEYSTONE FINANCIAL #1108 KEYSTONE FINANCIAL #1109 SUSAN PALMER #1110 Bank Deposit #DEPOSIT FAGAN ACCTG & MGT CO#1111 KEYSTONE FINANCIAL #1112 ALLFIRST #1113 VA DEPT OF TAXATION #1114 Bank Deposit #DEPOSIT Bank Deposit #DEFOSIT Bank Deposit #DEPOSIT FAST ROOTER #1115 KEYSTONE: FINANCIAL #1116 HARTMAN & SCHEUCHENZ#1117 ALLFIRST #DM NSF CHECKS Bank Deposit #DEPOSIT Bank Deposit #DEPOSIT Bank Deposit #DEPOSIT ALLFIRST #DM INSURANCE & SURETY #1118 FAGAN ACCTG & MGT CO#1119 KEYSTONE FINANCIAL #1120 ALLFIRST #1121 Bank Deposit #DEPOSI'T Bank Deposit *DEPOSIT KEYSTONE FINANCIAL #1122 HARTMAN & SCHEUCHENZ#1123 KEYSTONE FINANCIAL #1124 ALLFIRST #5125 FAGAN ACCTG & MGT CO#1126 *** ENDING BALANCE **,K 900.00 2,604.00 1,000.00 2,'604.00 107; 932.55 900.00 2,604.00 900.00 950.00 2,604.00 2,702-00 509.36 2,604.00 223.95 Page 2 CREDIT 654.00 877.80 950.00 756.65 654.00 5,979.17 8'77.80 756.65 6,54.00 138. 26 107, 93:x.55 287.00 4.32 196.00 756. 65 654.00 100. 00 300. 00794-48 1,063.59 10.00 950.00 105. 00 654.00 580.00 4.50 900.(00 2,604.00 29.00 .288.00 300.00 756.65 755.52 654. Baca 425.00 756.65 790. 01 300. 0Q-J l3 ^,, C` s ?r rq? f? +'-?`a 1 ' r REAGER & ADLER, PC By: Peter R. Wilson, Esquire Atty. I.D. # 87655 By: Wayne S. Martin, Esquire Atty. I.D. # 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pwilson(2rea erg adleroc.com 165 KEYSTONE LIMITED IN THE COURT OF COMMON PARTNERSHIP, : PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, and ESTATE OF SAMUEL J. AMUSO, Defendants NO. 08-5486 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Answer to Defendant's New Matter was served via first-class U.S. mail, postage prepaid, to the following: John K. Gisleson, Esquire Schnader Harrison Segal & Lewis LLP 120 Fifth Ave., Suite 2700 Pittsburgh PA 15222 John R. Zonarich, Esquire Skarlatos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, PA 17101 Dated: December 10, 2008 (,, CPA _ Je ica Shull Legal Assistant, Reager & Adler C co Q? ^C REAGER & ADLER, PC By: Peter R. Wilson, Esquire Atty. I.D. # 87655 By: Wayne S. Martin, Esquire Atty. I.D. # 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: wmartinnrea erg adleMc.com 165 KEYSTONE LIMITED IN THE COURT OF COMMON PARTNERSHIP, PLEAS OF CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA V. FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, ; and : ESTATE OF SAMUEL J. AMUSO, Defendants NO. 08-5486 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that on the date set forth below true and correct copies of the Affidavit of Service by Mail was served on the following individuals via United States First Class Mail, postage prepaid as follows: John K. Gileson, Esquire Schnader, Harrison, Segal & Lewis, LLP Fifth Avenue Place, Suite 2700, 120 Fifth Avenue Pittsburgh, PA 15222-3001 Attorney for Defendant, Fidelity Management Trust Company John R. Zonarich, Esquire Skarlatos & Zonarich Building 17 South Second Street, 6`i' Floor Harrisburg, PA 17101 Attorney for Defendant, Estate of Samuel J. Amuso Dated: December 17, 2008 Wayne ,X. Martin, Esquire - ? -?- :? ?__., - ; -{ s '4+M1? . I ° -~r: - ? .- - t,? ? ; ?? ? .. ;:? . .? M..... ?. REAGER & ADLER, PC By: Peter R. Wilson, Esquire Atty. I.D. # 87655 By: Wayne S. Martin, Esquire Atty. I.D. # 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: wmartin@rea erg adlerpc.com 165 KEYSTONE LIMITED IN THE COURT OF COMMON PARTNERSHIP, PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, and ESTATE OF SAMUEL J. AMUSO, Defendants NO. 08-5486 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Wayne S. Martin, being duly sworn, upon oath, deposes and says as follows: 1. I am the attorney for Plaintiff, 165 Keystone Limited Partnership, in the above- captioned case. On December 5, 2008, I caused to be transmitted, by a form of mail requiring a signed receipt, a copy of the Amended Complaint filed in this action to the following: Robin Eva Amuso, 725 N. State Road, Cheshire, MA 01225-9668. A copy of my transmittal letter is attached hereto as Exhibit "A". 2. I further depose and say that I thereafter received from the Postmaster of Camp Hill, Pennsylvania, a Certificate of Mailing receipt bearing the post mark as date of delivery: "December 10, 2008." A copy of the official receipt is attached hereto as Exhibit "B". Respectfully submitted, REAGER & ADLER, P.C. Date: December 17, 2008 Peter A. Wilson, Esquire Atty. I.D. # 87655 Wayne S. Martin, Esquire Atty. I.D. # 208078 Attorneys for Plaintiff 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Sworn to and subscribed efore me this ! l day of V , 200. Potary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L. Brenneman, Notary Public Camp Hill Boro, Cumberland County My Commission Expires June 18, 2010 member Pennsylvania Association of Notaries a 0 REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPCxom THEODORE A. ADLER + DAVID W. REAGER L1NUS E. FENICLE THOMAS O. WILLIAMS PETER R. WILSON SUSAN H. CONFAIR JOHN H. PIETRZAK RICHARD J. JOYCE NEELY E. MEALS WAYNE S. MARTIN +Certifled Civil Trial Specialist Writer's E-Mail Address: WMartinca-ReagerAdleroc.com December 5, 2008 via certified mail return receipt requested and first class mail Eva Amuso Estate of Samuel J. Amuso 725 N. State Rd. Cheshire, MA 01225-9668 Re: 165 Keystone Limited Partnership v. Fidelity Management Trust Company Custodian for Samuel J. Am uso, IRA and Estate of Samuel J. Amuso Matter No. 93-573.034 Dear Ms. Amuso: Enclosed is a Complaint filed against the Estate of Samuel J. Amuso to quiet the title of Pennsylvania real property that your late husband's IRA once held a mortgage upon. We understand that you are represented in this matter by John R. Zonarich, Esquire but Mr. Zonarich has not yet accepted service on your behalf. To comply with the Pennsylvania Rules of Civil Procedure, and to avoid incurring additional expenses we must serve you with this complaint. Future documents will be sent directly to Mr. Zonarich unless you indicate otherwise. We were grieved to learn of the death of your husband and hope that you will accept our deepest sympathy. - Very truly, yours, Wa e S. Martin Enclosures cc: John R. Zonarich, Esquire (via first class mail) Exh0bi+ R Postal o 'I' j I tt- (Domestic Provided) C3 0 OFFI CIA L USE 0 C3 t wWad r" oq ? U o Ran FMdw F" tP "' 1-1ft-ft.8ft- $ 8 s ------ - ------------- ¦ Co plate items 1, 2, and 3. Also complete, A it4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Eva Amuso aS W . Sfiaie Rood L' 1r?251r11re , ?• ?t A 3. service TYPO % d? aa5 13 ®.Certified Mail ? Express Mail Registered ? Return Receipt for Merchandise ? Insured mail 12 C.O.D. 4. Restricted Delivery? (Extra Fee) E3 Yes '.. Article Number 7DD2 241D DDD4 1DD3 194D ]LISKC (Transfer from s" label) S Form 3811, February 2004 Domestic Return Receipt 10259"2-M-1540 Agent B. Received by (FfNtd Name) r C. Date of Delivery V ? A f1-cv-'?? D. 4g delivery address different from item 1? ? Yes ff YES, enter delivery address below: i& No xk,A - 3 F tl i'?.7 REAGER & ADLER, PC By: Peter R. Wilson, Esquire Atty. I.D. # 87655 By: Wayne S. Martin, Esquire Atty. I.D. # 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: pwilsongrea erg adlerpc.com 165 KEYSTONE LIMITED PARTNERSHIP, V. Plaintiff, FIDELITY MANAGEMENT TRUST COMPANY CUSTODIAN FOR SAMUEL J. AMUSO, IRA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 08-5486 and ESTATE OF SAMUEL J. AMUSO, Defendants CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned lawsuit as settled and discontinued with prejudice. March 17, 2009 Respectfully submitted, REAGE LER, P.C. Peter R. Wilson, Esquire Attorney I.D. No. 87655 Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff ?Q tn co