HomeMy WebLinkAbout01-7113ALLFIRST BANK, SUCCESSOR TO
DAUPHIN DEPOSIT BANK AND TRUST
COMPANY
Plaintiff
V.
CLAUDE WHEELER, SR. and PATSY L.
WHEELER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and notice are
served, by entering a written appearance personally or by attorney and filing in wdting 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 LAVVYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
PENNSYLVANIA LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
Toll Free: (800) 990-9108
Date: December 13, 2001
KEEFER, WOOD, ALLEN & RAHAL
By: ~t~eno~epinsky, Jr.
Attorney I.D. #23702
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8051
Attorneys for Plaintiff
ALLFIRST BANK, SUCCESSOR TO
DAUPHIN DEPOSIT BANK AND TRUST
COMPANY
Plaintiff
V,
CLAUDE WHEELER, SR. and PATSY L.
WHEELER
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita SUM defensas o GUS objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o SUM propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO
O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIRECClON SE ENCUENTRA ESCRITA ABA JO
PARA AVERIGUAR MONDE SE PUEDE CONSEGUIR ASlSTENCIA LEGAL.
Date: December 13, 2001
PENNSYLVANIA LAVVYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
Toll Free: (800)990-9108
KEEFER, WOOD, ALLEN & RAHAL
Eugf~n~ I~. Pgpinsky, Jr.
Attorney I.D. #23702
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8051
Attorneys for Plaintiff
ALLFIRST BANK, SUCCESSOR TO
DAUPHIN DEPOSIT BANK AND TRUST
COMPANY
Plaintiff
CLAUDE WHEELER, SR. and PATSY L.
WHEELER
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
COMPLAINT
1. Plaintiff Allflrst Bank, successor to Dauphin Deposit Bank and Trust
Company, is a Maryland state-chartered commercial bank, with an office at 213 Market
Street, Harrisburg, Pennsylvania 17101.
2. Defendants Claude Wheeler, Sr. and Patsy L. Wheeler are adult individuals.
Defendant Claude Wheeler, Sr. currently resides at 1920 Alcott Avenue, York, Pennsylvania
17402. Defendant Patsy L. Wheeler currently resides at 233 Green Lane Drive, Camp Hill,
Pennsylvania 17011.
3. Defendants are the owners of a tract(s) or parcel(s) of land with buildings and
other improvements thereon located in the Borough of Lemoyne, Cumberland County,
Pennsylvania (the "Premises"). The Premises are more fully described hereinafter.
4. On or about November 20, 1998, Defendants, for good and valuable
consideration, executed and delivered a Suretyship Agreement to Plaintiff for and on
account of the obligations of West Shore Radiator Works, Inc. (the "Suretyship").
5. On or about November 20, 1998, Defendants executed a Mortgage in favor of
Plaintiff (the "Mortgage"), which Mortgage was duly recorded in the Office of the Recorder of
Deeds, in and for Cumberland County, Pennsylvania, in Record Book 1509, page 1052. A
true and correct copy of the Mortgage is attached hereto, made a part hereof and marked
Exhibit A.
6.
payments under the Suretyship constitutes a "default" as defined under the terms of the Mortgage.
7. The Defendants have failed and refused, among other things, to make payments due
and payable under the Mortgage.
8. The terms of the Mortgage provide that upon the occurrence of a default by the
Defendants, the Plaintiff may accelerate and demand immediate payment of all sums due under the
The failure of the Defendants, among other things, to pay when due and payable the
The sum presently due and payable to Plaintiff by Defendants which is secured by
$ 295,500.00
19,843.03
$ 15,000.00
TOTAL $ 330,343.03
Mortgage.
9.
the Mortgage is computed as follows:
a. Unpaid Principal
b. Accrued Interest through
12/13/01
c. Attorney's Fees
10. Notice of the availability of mortgage assistance under the Homeowners Emergency
Mortgage Disclosure Act of 1993 ("Act 91 ") was not required.
11. Notice of Intention to Foreclose pursuant to Section 403 of Act 6 was not required.
-2-
WHEREFORE, Plaintiffdemands judgment in the sum of $330,343.03, together with interest as may
accrue from and after December 14, 2001, and costs of suit, and for foreclosure of the Mortgage and judicial
sale of the Premises.
KEEFER, WOOD, ALLEN & RAHAL
Date: December 13, 2001
By:
E(~j)ene '~.. P~pinsky, Jr.
Attorney I.D. #23702
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8051
Attorneys for Plaintiff
-3-
VERIFICATION
The undersigned, Kenneth L. Milliken, .hereby verifies and states that:
1. He is Assistant Vice President of AIIfirst Bank, Plaintiff herein;
2. He is authorized to make this Verification on its behalf;
3. The facts set forth in the foregoing Complaint are true and correct to the best
of his knowledge, information and belief; and
4. He is aware that false statements herein are made subject to the penalties of
18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
Kenneth L. Milliken
Dated: December 1%, 2001
DAUPHIN DEPOSIT ~'~1~ ~.ND TRUST COMPANY ..... :
BANK OF PENNSYLVANIA · FARMERS BANK · VALLEYBANK
(Bank of Pennsylvania, Farmers Bank and Va//eybank are d/visions of Dauphin Deposit Bank and Trust Company)
Rlmld~ ~P~l~r. ~r ~nd Pnrq7 T,_
(whether one or more. called 'Owner') and DAUPHIN DEPOSIT BANK AND TRUST
COMPANY, with an office located at 213 Market Street, P.O. Box 2961. Harrisburg. Pennsylvania 17105 (called 'Lender').
WHEREAS, Lender has agreed to make a loan to W~RI' ,~hnrp R~d'~rw- ~,~rl~_~, _T~£.
.(called
"Borrower") in the principal amoont of $ 400;000.00
(the "Loan'); and
WHEREAS, Owner desires to grant this Mortgage to Lender for the purpose of securing to Lender the Borrower's repayment of the Loan.
NOW, THEREFORE, in consideration of the above premises. Owner does hereby mortgage, grant and convey to Lender all of the following described
real estate, together with all improvements now or hereafter constructed, and all easements, rights and appurtenances thereon (the 'Mortgaged Property'),
located at:
1. l~m6)yne ]~orollgh , County of
(City. Boro., Twp.)
2, . County of
(City. Boro., Twp.)
and Commonwealth of Pennsylvania. known as: 1.
See Attached Exhibit "A"
~tmh~rl and
For title into Owner, see Deed recorded in the County of
C~tmhorl ~nd
in Deed/Record Book . Volume , Page
in Deed/Record Book . Volume . Page
r-
If this box is checked, a more particular description of the Mortgaged Property ia attached hereto as E~hibit 'A" and incorp~ed
hemm by reference.
Owner and Lender covenant and agree as follows:
1. This Mortgage secures to Lender the repayment of all amounts, with interest thereon, advanced to Borrower by Lender pursuant to the Loan. This
Mortgage also secures the unpaid balances of advances made with respect to the Mortgaged Property for the payment of taxes, assessments,
maintenance, insurance premiums or costs incurred for the protection of the Mortgaged Property or the lien of the Mortgage. late fees imposed under the
provisions of this Mortgage and expenses incurred by the Lender by reason of a default by the Owner under this Mortgage or the Borrower under the
Loan. plus interest thereon as permitted by the documentation evidencing the Loan, This Mortgage further secures the performance of all covenants
contained in this Mortgage and the documentation evidencing the Loan, and all extension, renewals, modifications and amendments thereof (the 'Loan
Documents').
2. THIS MORTGAGE IS INTENDED TO BE AN "INDUSTRIAL PLANT MORTGAGE' within the broadest interpretation of the "industrial plant mortgage
doctrine' under the laws of the Commonwealth of Pennsylvania to the extent that such doctrine is applicable to this Mortgage. Accordingly. the
Mortgaged Property shall be deemed to include all plant, equipment, apparatus, machinery, fittings, appliances, furniture, furnishings, fixtures and other
items of personal property and replacements thereof owned by Owner, now or at any time hereafter affixed or attached to, incorporated in. placed upon,
or in any way used in connection with the current or future utilization, enjoyment, occupation or operation of the Mortgaged Property.
3. If the Loan secured by this Mortgage is made to the Borrower to acquire the Mortgaged Property, this Mortgage shall be a PURCHASE MONEY
MORTGAGE.
4. Owner represents and warranta to Lender that Owner has fee simple title to the Mortgaged Property and the nght to mortgage the Mortgaged
Property to Lender.
5. Ownerwill maintain the Mortgaged Property in good repair, order and condition. Owner will not commit nor permit any waste, nuisance,
impairment or deterioration of the Mortgaged Property. Lender's representatives may inspect the Mortgaged Property at any reasonable time or times and
may require, at Owner's expense, environmental reports to determine compliance with applicable law. Owner will not bring nor pe.rmit any lessee of all or
part of the Mortgaged Property to bring any hazardous substance or waste onto the Mortgaged I~roperty, for storage, processing, distillation, treatment.
manufacturing, disposal, release or any other purpose, unless with Lender's prior specific written approval, which approval may be withheld with or
without just cause. Owner will comply with all applicable laws, regulations and ordinances, federal, state and local, relating to the use and possession of
the Mortgaged Property.
6. While Owner has been in possession of the Mortgaged Property. there has been no use. manufacture, storage, treatment, disposal or release of
any hazardous substance or waste on, under or about the Mortgaged Property, nor is Owner aware of the existence of any such activities occurring on
the Mortgaged Property prior to Owner's possession of the Mortgaged Property, which activities have not previously been disclosed in writing to Lender.
Neither Owner nor the Mortgaged Property is the subject of pending or threatened litigation, regulatory proceedings or investigations regarding any
... ,ao ,d,S99. 1052
CE-116-1 12/96
hazardous.substances or waste, or other ectivitie~ nducted on or about the Mortgaged Property, which, e not previously bead disclosed in writing to.
Lender, As used in this Mortgage, "hazardous substance or waste' means any substance, pollutant or material which does not occur naturally ~on the'
Mortgaged Property and which is defined as, or designated in, any federal, state or local statute, ordinance, rule or regulation as a 'hazardous substance,"
"toxic substance,' "hazardous material." "hazardous waste," 'restricted hazardcus waste." "pollutant," "toxic pollutant" or words of similar meaning. '
7. Owner hereby agrees to defend, indemnify and hold harmless Lender, its directors, officers, employees, agents, contractors, subcontractors,
licensees and invitees, from and against any and all claims, demands, judgments, damages, actions, causes of action, injuries, administrative orders,
consent agreements and orders, liabilities, injuries, penalties, costs and expenses of any kind whatsoever, including claims arising out of loss of life, injuW
to persons, property or business and/or damage to natural resources, whether or not occasioned wholly or in part by any condition, accident or event
caused by any act or omission of Owner which arises out of the actual or threatened storage, processing, distillation, treatment, manufacturing, disposal,
release or any other usa of any hazardous substance or waste on, under or about the Mortgaged Property. Owner shall bear, pay and discharge when and
as the same become due and payable, any and all such judgments or claims for damages, penalties or othen~vise against Lender, and shall hold Lender
harmless for such judgment or claims, and shall assume the burden and expense of defending all suits, administrative proceedings and negotiations of
any description with any and all persons, political subdivisions or governmental agencies arising out of any of the occurrences set forth herein,
8. Owner will pay all taxes, assessments, ground rents and governmental charges when they come due, and all other charges of any kind which are
levied on the Mortgaged Property at any time and which, if unpaid, would result in a lien or other security interest in the Mortgaged Property. Owner will
deliver to Lender. on request, all receipts evidencing such payment. Neither ~orrower nor Owner will claim a credit under the Loan or this Mortgage for
snch payments.
9. Owner will at all times maintain insurance on the Mortgaged Property of such kinds, in such amounts, with such companies and with such
mortgagee or loss-payable clauses as am satisfactory to Lender, Owner will promptly provide evidence of such policies to Lender, including, at Lender's
request, paid receipts. Owner shall not engage in nor permit any lessee of all or any part of the Mortgaged Property to engage in any activity on the
Mo~lgaged Property which would require an increase in insurance premiums or, if resulting in loss or damage to the Mortgaged Property. would not be
covered by such insurance. Owner shall notify Lender of any loss or damage to the Mortgaged Property. submit to such insurers a proof or proofs of loss,
and apply the proceeds of any such insurance to the repair of the Mortgaged Property or to reduce the outstanding balance of the Loan, at Lender*s
election. Lender is hereby authorized, without notice to Owner, to file such proof or proofs of loss on behalf of Owner. if Owner fails or refuses to do so,
and to sign Owner's name to any check, draft, or other instrument in payment of insurance proceeds. Owner hereby irrevocably appoints Lender as its
attorney-in-fact for the purposes set forth in the preceding sentence, In the event that title to the Mortgaged Property is transferred to the Mortgagee, by
reason of fomclosore of this Mortgage or in full or partial satisfaction of the Loan. or otherwise, all right, title and interest of the Owner in and to all
insurance policies and renewals thereof then in force shall pass to the Mortgagee.
10. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Mortgaged
Property. or part thereof, or conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. subject to the terms of any prior
mortgage or security agreement. The proceeds of such award may. at Lender's election, be used to pay the outstanding balance of the Loan.
11. Owner will not sell, give, tra,nsfer, encumber or lease the Mortgaged Property or any right in the Mortgaged Property, in whole or in part, without
Lender's prior written approval, which approval may be withheld with or without just cause. }
12, Owner shall be ir; default unoer this i'vlortgage if Owner bra&ks any promise or falls to perform any duzies contained in [his Mortgage or if
Borrower shall fail to pay any sums owing under the Loan when due or fail to perform any of its duties under the Loan Documents or if any mpreeentation
or warranty contained in this Mortgage or in any other Loan Document shall have been false when made.
13, If Borrower shall fail to pay any installment of principal and/or interest owing under the Loan within ten (10) days after the installment is due, this
Mortgage also shall secure the payment of a Late Charge of five percent (5%) of such installment to the Lender. The assessment of a Late Charge shall be
for the purpose of defraying the expense incident to handling the delinquent payment and shall not be construed as a waiver by the Lender of, or in
substitution for. its rights and remedies provided under this Mortgage. any other Loan Document or by law.
14. Upon default. Lender, after notice required by law or under the Loan Documents, may take any action allowed by law or under the terms of the
Loan Documents or this Mortgage for the enfomement of this Mortgage for the entire unpaid balance of the amounts sacured hereby, all costs of suit and
Lender's reasonable attorneys' fees.
15. Owner hereby waives and releesas all benefit and relief from any and all appraisement, stay and exemption laws or rules of' court now or
hereafter in effect, whether for the benefit or relief of Owner. or limiting the balance due to a sum not in excess of the amount actually paid by a
purchaser of the Mortgaged Property at a sale thereof in any judicial proceedings on this Mortgage, or exempting the Mortgaged Property or any Other
property or any part of the proceeds of sale thereon from attachment, levy or sale under execution or providing for any stay of execution or any process.
1§, Any extension of time for payment or reduction of the amount due under the Loan Documents which is granted by Lender to Borrower shall not
operate to release Owner under the terms of this Mortgage. Any forbearance by Lender in exercising any right or remedy under this Mortgage or
otherwise afforded by applicable law shall not be a waiver of or preclude the ex, ercisa of any such right or remedv.
17. Lender's rights and remedies under this Mortgage shall be cumulative and the exercise of any one or more of these rights shall not preclude the
exercise of any other righls or remedies specifically granted in this Mortgage or permitted by law.
18. The covenants and agreements herein contained shall bind and the rights hereunder shall inure to the respective successors and assigns o{ the
parties. If more than one Owner signs this Mortgage. their obligations shall be joint and several,
19, As additional sacurity hereunder. Owner hereby assigns to Lender the rents of the Mortgaged Property. provided that Owner shall, prior to the
declaration of a default, have the right to collect and retain such rents as they become due and payable.
20. This Mortgage shall be governed by the laws of the Commonwealth of Pennsylvania, The foregoing sentence shall not limit the applicability of
federal law to this Mortgage, In the event that any provision or clause of this Mortgage or of the Loan Documents conflicts with applicable law, such
conflict shall not affect other provisions of this Mortgage or Loan Documents which can be given effect without the conflicting provision, and to this end
the provisions of this Mortgage and the Loan Documents are declared to be severable,
,oog1509 , , 1053
CE-1 16-2
· ! ~. 12/95
2'h O~vner agra;es ~hat any interest payable after a judgment is entered, or on additional sums advanced, shall be at'the sam~ rate as is stated in the
Loan~ Documents.
. PROVIDED. nevertheless, that should Lender's obligations to make advances to Borrower pursuant to the terms of the Loan be terminated, and
provided furthermore, that should Borrower pay in full all sums secured by this Mortgage, then, upon written demand of Owner, Lender shall either satisfy
this Mortgage of record or deliver a written release of this Mortgage to Owner.
IN WITNESS WHEREOF, Owner has caused this Mortgage to be executed as a document under seal the day and year first above written.
WITNESS/A'n'EST:
(Corporate Seal)
OWNER:
Claude Wheeler, Sr. and
Patsy L. Wheeler
(SEAL)
(SEAL)
By: L,-, -~ ., (SEAL)
COMMONWEALTH OF PENNSYLVANIA
co . OF
On this. the ~J/~..~__ day oi
)
) SS:
)
, ~t'~ , before me. the undersigned officer, personally appeared
Owner(s) I
known to me (or satisfactorily proven) to be the person(s) whose Name(s) is (are) subscribed to the within instrument, and acknowledged that
he/she/they executed the same for the purpose therein contained or, to the extent applicable, that he/she/they is/are the (Vice) President(s) of the
Owner (if a corporation) or General Partner(s) of the Owner (if a partnership) and that, being authorized to do so, he/she/they executed the within
instrument as and for the act and deed of the corporation or partnership by himself/herself/themselves as such officer(s) or general partner(s) and
causing the corporetion's seal. if applicable, to be applied thereto.
IN WITNESS,WlJ~EoF." I have' hereto set my hand and notarial seal.
~'~ '~;~>: '~7~ ~' / -- ~ ._ _er, Nota~ Pub~c
~%~ ~':'~*~x~ "=~ [~ ~ssl~ E~ires J~y 29, 200~
~ '~;..*.' -~.~ M~r, ~v~ ~ 01N~nes
r HEREBY CERTIFY that the precise residence of the Mo~gaoae(s) and person entiti~ to interest on this Mo~gage is DAUPHIN DEPOSIT ~NK AND
TRUST COMPANY, 213 Market Strut. P.O. ~x 29~ 1. Harrisburg. Pennsylvania 17105. Attention: Commemial L~n Operations
RETURN THIS DOCUMENT TO:
DAUPHIN DEPOSIT BANK AND TRUST COMPANY
P.O. Box 2961, 213 Market Street
Harrisburg. Pennsylvania 17105
Attn: Commercial Loan Operations
BOOK:I.5 9 PAGE'[O,54
CE-116-3 12/95
O00L?O-O(~16/$smunry 1'7, 197' "'.qNLBI59650.1
MORTGAGE
DATED:
FROM:
TO:
EXI-HBIT
Claude Wheeler, Sr. and Patsy L. Wheeler
DAUPHIN DEPOSIT BANK AND TRUST COMPANY
LEGAL DESCRIPTION OF REAL ESTATE
~'ALL TttOSE CERTAIN tracts of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania.
more particularly bounded and described as follows, to wit:
TRA(~T NO. l:
BEGINNING at a point on the northern iine of Willow Street 56.97 f~et from the northeast intersection of 7th
Street and Willow Street; thence North 38 degrees 25 minutes West, 79.78 feet to a point; thence North 51
degrees 35 minutes East, 87.50 feet to a point; thence South 38 degrees 25 minutes East, 95.86 feet to a point
on the northern line of Willow Street; thence South 62 degrees West, 88.97 feet to a point, the place of
BEGINNING.
BEING Lot No. 5 on the Final Resubdivision Plan for West Short Radiator Work recorded in Plan Book 40,
Page 66.
HAVING THEREON erected a one story aluminum siding building known and numbered as 671 Willow
Street. Lemoyne, Pennsylvania.
TRACT NO. 2:
BEGINNING at a point on the southeast corner of the State Road and a 20 feet wide alley; thence in an
easterly direction along the southern line of State Road, 35 fe~t to a point at the line of Lot No. 83 in said
plan; thence along the line of Lot No. 83 in a southerly direction, 154 feet, moro or less, to the lino of a 20
feet wide alley; thence along the northern line of said 20 feet wide alley known as Erbs Avenue; thence along
the last mentioned 20 fe~t wide alley in a Northerly direction, 146 feet, more or less, to the southern line of
State Road, the place of BEGINNING.
BEING Lot No. 82, North Riverton, in Plan of Lots known as Plan No. 3 North Riverton, Pennsylvania,
recorded in Plan Book 1, Page 40, Cumberland County Records.
HAVING THERE ERECTED a frame dwelling known as 680 State Street.
-17-
17, 197--~M/IqLB/59650.I ~
TRAq;T NO. 3:
BEGINNING at a point 52.50 feet from the southeast corner of State Street and an alley; thence along the
southern line of State Street North 5 t degrees 35 minutes East, 35.00 feet to a point; thence South 38 degrees
25 minutes East, 75.00 feet to a point; thence South 51 degrees 35 minutes West, 35.00 feet to a point; thence
North 38 degrees 25 minutes West, 75.00 feet and passing through the partition wall of the house erected
thereon to a point, the place of BEGINNING.
BEING Lot No. 3 on the Final Resubdivision Plan for West Shore Radiator Works recorded in Plan Book 40,
Page 66, Cumberland County Recorder of Deeds Office and improved thereon with a two and one-half story semi
detached dwelling municipally known as 674 State Street, Lemoyne, Pennsylvania.
TRACT NO. 4:
ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Lemoyne, County of Cumberland,
Commonwealth of Pennsylva,fia, being more particularly bounded and described in i~ccordance with a Plat of Survey
prepared by Michael C. D'Angelo, Registered Surveyor No. 19361-E, 714 Bridge Street, New Cumberland,
Pennsylvania, Drawing No. 66-122A, dated lanuary 30, 1987, as follows:
BEGINNING at a point, said point being located the following 2 courses and distances from Mile Post #2:
(1) North 34 degrees 52 minutes 35 seconds West, a distance of 5.0l feet; (2) South 55 degrees 07 minutes
25 seconds West, a distance of 59.23 feet, said point being further located a distance of 17.65 Feet measured
at right angles northwesterly from the near rail of railroad of Consolidated Rail Corporation (formerly Penn
Central Transportation Company) known as the Cumberland Valley Branch and identified as Line Code 1331
in the records of the United States Railway Association; thence by a line 17.65 feet parallel with said rail,
South 55 degree~ 07 minutes 25 seconds West, a distance of 647.32 feet to a point at the dividing line between
lands now or formerly of P.K. Lear and the lands herein described; thence by the same North 32 degrees 57
minutes 00 seconds West, a distance of 51.91 feet to a point located on said dividing line at the intersection
of the original railroad right of way; thence by said right of way line, along lands now or formerly of Kenneth
R. Keller and J.P. Harkinson, Co., North 55 degrees 07 minutes 02 secouds East, a distance of 644.66 feet
to a point said line; thence South 35 degrees 52 minutes 51 seconds East, a distance of 51.96 feet to a point,
the place of BEGINNING.
CONTAINING 33,539.76 square feet, more or less.
TRACT NO. 5:
BEGIaNNING at a point in State Street at corner of land now or late of J. Paul Harkin~on & Company; thence
South 50 degrees West, along State Street, a distance of 230 feet to a point; thence South 32 degrees 57
minutes East, 72 feet to a point at the right of way line of the Pennsylvania Railroad Company; thence along
the right of way line of Pennsylvania Railroad Company, North 55 degrees 06 minutes East, a distance of 230
feet to lands of J. Paul Harkison & Company; thence along said Harkison land, North 33 degrees 55 minut~
West, a distance of 92.45 feet m State Street, the place of BEGINNING.
-18-
1'7,
HAVING THEREON ERECTF~D a one story brick gasoline station and two story storeroom and apartments.
TRACT NO. 6:
ALL THAT CERTAIN tract of real estate situate in the Borough of Lemoyne, County of Cumberland and
State of Pennsylvania, more particularly bounded and described in accordance with a survey by Michael D'Angelo,
Registered Surveyor, dated April l, 1988 as follows, to wit:
BEGINNING at the point of intersection of the centerline of State Street with the western right of way line
of an unnamed alley; thence along the western right of way line of said alley South 35 degrees 52 minutes 5 l
seconds East. 127.37 feet to lands now or late of Consolidated Rail Corporation; thence along same South 55
degrees 07 minutes 02 seconds West, 393.65 feet to a point at lands now or late of Kenneth Keller; thence by
same North 33 degrees 39 minutes 53 seconds West, 92.49 feet to a point at the centedine of State Street;
-'thence by same North 50 degrees 00 minutes 00 seconds East, 391.03 feet to a point, the place of
BEGINNING.
CONTAINING 43,039.26 square feet or 0.98 acres.
BEING known and numbered as 850 State Street.
L2VI)ER AND SUBJECT, NEVERTHELESS, to restrictions, easements, rights of way and conditions of prior
record.
TRACT NO. 7:
ALL THAT CERTAIN tract of land situate in Spring Township, Perry County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point in Township Road T-396 at comer of lands now or formerly of M. Gibble and lands
now or formerly of E. Kehew; thence along Township Road T-396, South 37 degrees 34 minutes 40 seconds
East, a distance of 89.89 feet to a point; thence along same South 26 degrees 34 minutes 10 seconds East, a
distance of 112.03 feet to a point; thence along same, South 16 degrees 35 minutes 35 minutes 50 seconds
East, a distance of t06.43 feet to a point; thence along same South 07 degrees 33 minutes 35 seconds East,
a distance of 62.53 feet to a point; thence along same South 03 degrees 45 minutes 41 seconds West, a distance
of 66.48 feet to a point; thence along same South 19 degrees 02 minutes 44 seconds West, a distance of 60.83
feet to a point; thence along lands now or formerly ofBoyd Belinger, North 61 degrees 46 minutes 46 seconds
West, a distance of 418.85 feet to an iron pin; thence along same, South 28 degrees 13 minutes 14 seconds
West, a distance of 207.98 feet to an iron pin; thence along same South 61 degrees 46 minutes 46 seconds East
a distance of 418.85 feet to a point in Township Road T-396; thence along Township Road T-396, South 20
degrees 49 minutes 05 seconds West, a distance of 468.54 feet to a point in Township Road %343; thence
along Township Road T-343, South 43 degrees 08 minutes 55 seconds West, a distance of 415.47 feet to an
iron pin; thence along same South 30 degrees 46 minutes 34 seconds West, a distance of 2325.96 feet to an
iron pin; thence along same South 38 degrees 57 minutes 07 seconds West, a distance of 234.56 feet to an kon
pin; thence along same South 21 degrees 09 minutes 31 seconds West, a distance of 244.44 feet to an iron pin;
thence along same South 10 degrees 52 minutes 53 seconds We.st, a distance o~' 152.88 feet to an iron pin;
-19-
O00t70-OO416/lammry 17, I9C '"M/HLBI59650.!
thence along same South 03 degrees 52 minutes 37 seconds East, a distance of 57.19 feet to a nail; thence
along the western edge of Lot No. 2 on the hereinafter mentioned Plan of Lots, South 12 degrees 48 minutes
15 seconds West, a distance of 135.82 feet to an iron pin; thence along same South 31 degrees 56 minutes 06
seconds East, a distance of 164.72 feet to a nail in State Route 850; thence along State Route 850, North 79
degrees 06 minutes 29 seconds East, a distance of 30 feet to a nail; thence along same South 86 degrees 18
minutes 59 seconds East, a distance of 114.56 feet to an iron pin; thence along same South 76 degrees 44
minutes 13 seconds East, a distance of 63.81 feet to a nail; thence along the western edge of Lot No. 3 on the
hereinafter mentioned Plan of Lots, South 30 degrees 16 minutes 40 seconds East, a distance of 290.68 feet
to a buttonwood at Shermans Creek; thence along Shermans Creek, South 78 degrees 44 minutes 23 seconds
West, a distance of 294.26 feet tv an iron pin; thence along same South 63 degrees 44 minutes 10 seconds
West, a distance of 278.96 feet to an iron pin; thence along lands now or formerly of M. Gilbert, North 46
degrees 04 minutes 34 seconds West, a distance of 237.21 feet to an iron pin; thence ,'dong same North 20
degrees 30 miflutes 59 seconds West, a distance of 195.19 feet to an iron pin; thence along same South 76
degrees 33 minutes 05 seconds West, a distance of 113.77 feet to an ~iron pin; thence along lands now or
formerly of P. Eichelberger, North 24 degrees 39 minutes 55 seconds West, a distance of 21.50 feet to a point
in State Route 850; thence along State Route 850, South 77 degrees 09 minutes 27 seconds West, a distance
of 533.72 feet to a point; thence along same South 73 degrees 27 minutes. 45 seconds West, a distance of
305.19 feet to a nail; thence along lands now or formerly of N. Stambaugh and lands now or formerly of A.P.
Barnes, North 24 degrees 28 minutes 20 seconds West, a distance of 1,697.22 feet to stones; thence along
:ands now or formerly of M. Gibble, North 65 degrees 12 minutes 33 seconds.East, a distance of 3,151.83
feet to the place of BEGINNING.
CONTAINING 103.534 acres, and BEING Lot No. 1 on Plan of Lots recorded in Perry County Plan Book
18, Page 150.
EXCEI~I'II~G AND EXCLUDING, NEVERTHELESS, from the above-described tract of land Lots Nos.
2, 3, 4 on a Subdivision Plan of West Shore Radiator Works, recorded in Plan Book 22, Page 88 and Lots 4, 5, and
6 on a Subdivision Plan for West Shore Radiator Works recorded in Plan Book 23, Page 11; and the residue of Lot
No. I shown on Plan Book 18, Page 150 which is situate south of LR 457 CI'.R. 850)~ Lot #1, containing
52.628 acres, more or less, as sho~m 'on the Preliminary/Final Subdivision Plan for
Claude Wheeler, Sr., dated November 25, 1996 drawn by Stephen P. Reisinger, Surveyor.
Stme of PennsWvania I '"'
Co~mtY o~ Cumberland] 86 ' :~:~' '
tleco~dod in tile office for tile record n ' ~ ~.'
~,~ and fo~mberland Co.m,, ~. 9 of D~,.d.,
wm~s my hand a~d seal of
Carlisle, PA Ibis ~ '~ day~
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-07113 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLFIRST BANK
VS
WHEELER CLAUDE SR ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
WHEELER CLAUDE SR
but was unable to locate Him
deputized the sheriff of YORK
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On February 12th , 2002 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep York County 45.98
.00
82.98
02/12/2002
Sheriff of Cumberland County
KEEFER WOOD ALLEN RAHAL
Sworn and subscribed to before me
this ~7~ day of ~,~A~,
A.D.
,' I ~Pfoth6not~
SHERIFF'S RETURN - U.S, CERTIFIED MAIL
CASE NO: 2001-07113 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ALLFIRST BANK
VS.
WHEELER CLAUDE SR ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,WHEELER CLAUDE SR
by United States Certified Mail postage
prepaid, on the 14th day of January ,2002 at 0000:00 HOURS, at
5080 304 HARMONY CIRCLE
VERO BEACH, FL 32967
and attested copy of the attached COMPLAINT - MORT FORE
with
receipt card was signed by CLAUDE WHEELER SR
02/05/2002
Additional Comments:
, a true
Together
The returned
on
Sheriff's Costs:
Docketing 6.00
Service 4.40
Affidavit .00
Surcharge 10.00
.00
20.40
ers: / ~ ....
Sheriff of Cumberland County
Paid by KEEFER WOOD ALLEN RAHAL
Sworn and subscribed to before me
this ~ day
A.D.
¢fnotar~
on 02/12/2002
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-07113 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLFIRST BANK
VS
WHEELER CLAUDE SR ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
WHEELER PATSY L
but was unable to locate Her
deputized the sheriff of YORK
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On February 12th , 2002 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
02/12/2002
KEEFER WOOD ALLEN RAHAL
So answers:-
R. Thomas Kline?
Sheriff of Cumberland County
Sworn and subscribed to before me
this day
~0(J~ A~D.
. /P~othono~ry
COUNTY OFYORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
SERVICE CALL
(717) 771-9601
1. PLAINTIFF/S/ 2. COURT NUMBER
Allfirst Bank 4. TYPE OF WRIT OR COMPLAINT
3. DEFENDANT/S/ Notice & Cu,tpla~nt :in
Claude Nheeler Sr. et al
Si=EVE ~' 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SE LEVIED, ATTACHED, OR SOLD.
Claude Wheele~ Sr.
6. ADDRESS (STREET OR RFC WITH BOX NUMBER, APT. NO., CITY, BOROi TWP., STATE AND ZIP CO_DE) -- I _
AT 1920 ~cott R~d York, PA 17402
7. INDICATE SERVICE: CI PERSONAL [3 PERSON IN CHARGE X~ DEPUTIZE ~_~_1~__.~_~__ O 1ST CLASS MAIL CI POSTED O OTHER
NOW Describer 26 ,20 01 I, SHERIFF OF ¥~l{~COUNTY, P~do hereby dep~ti.~e the sheriff of
Ycrr'k COUNTY to execut~.,~?c.ma~ke~,etu~?~f a~cording
to law. This deputization being made at the request and risk of the plaintiff. '[ '"¢~'¢~;R~-~-F 071~C"~UN~,'"'
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland
ADVANCED FEE PA[DBY ATTY
OUT OF COUNTY
CUMBERLAND
NO'rE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchmen, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the shedff to any Cainflff
herein for any loss, desttucfion, or removal of any property before shedff's sale thereof.
9. TYPE NAME and ADDRESS of A'I-FORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER I 11. DATE FILED
KEEFER, WOOD, ALLEN & RAHAL 210 WALTNUT ST. HARRISBURG,Lo1 PA 255-8051 i I 12-19-01
171
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOV~ (This area must be com~l-e~ed if notice is to be mailed).
CUMBERLAND CO SHERIFF
13. lac~nowledgereceiptofthawnt R.AHRENS
or comCaint as indicated above.
14. DATE RECEIVED
12-28-01
16. HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( )
17~l~hereby ce~fy and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.)
, 15. Expiration/Hearing Date
1-18-02
SEE REMARKS BELOW
18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Sen/ice I 20.TTime of MServicees nt
21.A~I'EMFTS p~te Time Miles Int. ~ Date Time Miles Int. ~Dete Time Miles Int. ~Date Time Miles Int. ~ Date Time Miles Int. ~ Date 'me ' .
22. REMARKS:
23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. ~2. To{. Costs 33. Costs Due
Co. c-- I'"Advence Ccets S Co= ,,. NotsryCert. ,.,ile e,P ta0 NntF nd , TotaICosts ,0. Co,sD eor Retund
I
41. AFFIRMED and subscribed to before me this 10 SO ANSWERS
42. day of .--j.,J~ ~[[[J~t_y~ ,200~ 43
I
M NOTARIA~
I ELISSA J. SHAFFER,
50. I ACKI~[~t.E~'-E ~CEIPT OF THE SH~IFF'~ RJ[II~"~ S
OF AUTHORIZED ISSUING AUTHORI'TY AND TIT~ '
44. Signature of { 45. DATE
Dap. Sheriff
I
~6.CountySignature of YOrkshedff ~,~_~ ~.~,._._ 47. DATE
FOR WILLIAM M, HOSE (~~ ~ I 1-10-02
48. Signature of Foreigncounty Sheriff
NATURE
J51. DATE RECEIVED
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheri~s Office 4. BLUE - Sheriff's Office
TA
WC)H
2of2
COUNTY OF YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1. PLAINTIFF/S/ 1 2. COURT NUMBER
Allfirst Bank t 01-7113 civil
3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT
Notice and Ccmplaint in
Claude Wheeler Sr. et al Mortgage Foreclosure
SERVE (' 5. NAME OF INDMDUAL. COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A'rrACHED, OR SOLD·
P,-~ ~-.,~v T,.
6. ADDRES~ (STREET OR RFO WITH BOX NUMSER, APT. NO., CITY, BORO, 'TWP., STATE AND ZIP CODE)
AT 233 ~n T,~np Tyc~vp ~Fmnn Ri ] ]. PA ~70[1
7. ,ND,caTEsErv,cE: ~PERsONAL ~ PErsON ,N cHarGE ~[DEPuT,zE O~P..Ob%Erl~l~_~_.l~-_ I~IlsTcLASSMAIL OPOSTED OOtHEr
NOW Dec~nber 26 ,20 01 I SHERIFF OF ~I~IRIK-cOUNTY _PA, J::~e hereby depJJjjzj~h_ e sheriff of
to law. This deputization being made at the request and risk of the plaintiff. '.~ .... g
SHERIFF OF'II~IgCOUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
ADVANCED FEE PAID BY ATTY.
(TdT OF COUNI'Y~''
CUMBERLAND
NOTE: ONLY APPUCABLE ON WRIT OF EXECI.I~ON: N.B. WAIVER OF WATCHMAN - Any deputy sheriff iovying upon or ~ any pmpann/under within writ may leave same
WJ~'Iout · watchman1 in custody of whomever is found in possession, after notifying parson of levy or attachment1 withcut liabilily on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any pmpe~y before sheriff's sale thereof.
9. TYPE NAME and ADDRESS of AI-rORNEY I ORIGINATOR and SIGNATURE ~ 10. TELEPHONE NUMBER ~ 11. DATE FILED
KEEFER WOOD ALLEN & RAHAL I 1 12-19-01
12. I,~I~I~9~',~O~'I,CI~ ~SF_~I~VICE~C, Qg'~,"[Q,,I~/~t~I_D,,,~}QI~,~,~ BELOW~ (This area mustbe compioted if notk:e is to be mailed).
13. lacknowleclgemceiptofthewrit r. AHRENS 14. DATE RECEIVED t5. Expiration/HearingDate
or complaint as indicated above.
12-28-01 1-18-02
, !
16..OWSERVED: PERSONAL~ RESlDENCLd~)~ POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW
17. ~ I hereby certify and return a NOT FOUND because 1 lam unable to locate the individual, company, etc. named abova. (See remarks below.)
18. NAMEAN~tTITLE.OFINDM.DI. JJA~rSER¥1.1~DI~ADDRESSHERE IF NOT SHOW[N ABOVE (RelatiorlshiptoDe~e~dant) 119. Date of Se~ioe I 20. Til~ of Service
34. Foreign County Ceat~ 35. Advance Costs 36. Se~ice Costs
41. AFFIRMED and subscribed to before me ~is_ 10
42 deyof JANUAR-Y -- 0~.o I ~
so. ~ ACK~V~[~'%'I~E~EiFT Ol~ THE SHERrFF~BL~rU~WS,GNATURE
OF AJ~THORIZED ISSUING AUTI~ORITY AND 'riT[E
J51. DATE RECEiVED
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs Office
· Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can rsturn the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Claude Wheeler Sr.
5080 304 Harmony Cir.
Verro Beach, FL 32967
-I Agent
[] Addressee
address different from item 17 [] Yes
If YES, enter delivery address below: [] No
3. Service Type
;ertified Mail [] Express Mail
[] Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
¢. Restricted Delivery? (Extra Fee) [] Yes
01-7113 civil
2. Articl~N~mber i ~ '~)~)[') 1670 0001 8790 3582
(rren~fer Worn ss~ice label)
PS FOrm 381 1, MarCh 2~)01 Domestic Return Receipt 102r-~01-M-1/
~ I * il
\ o.~ ~_, .,/- , .....
· Sender: Please print ~'o ,l~'n~e: address, -- ~ OX ~ ~
,,,; _: i ¥ DEPARTMENT
ONE rn:.~:-,: ~l ~'" -~.:: l . ~:
CARLISLE PA 170-i3
M&TBANK, SUCCESSOR TO
ALLFIRSTBANK, SUCCESSOR TO
DAUPHIN DEPOSITBANKANDTRUST
COMPANY
Plaintiff
CLAUDE WHEELER, SR.
and PATSY L. WHEELER
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-7113 CIVIL TERM
MORTGAGE FORECLOSURE
PRAECIPE
TO THE PROTHONOTARY:
Please release the premises described in Exhibit A, ~vhich is attached to this
praecipe, from this action.
Date: May I ~ ,2004
KEEFER, WOOD, ALLEN & RAHAL
By:
Eugene) ~:. I~pihs[<y, Jr.
Attorney I.D. #23702
210 'Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(7171) 255-8051
Attorneys for Plaintiff
SCHEDULE A
ALL THAT CERTAIN tract or lot of land situate in the Borough of Lemoyne,
Cumberland County, Pennsylvania, being more particularly bounded and described as
follows, to wit:
BEING at a point on the southern line of State Street in the Borough of Lemoyne,
which point is on the line dividing Lots 1 and 2 of a hereinafter mentioned plan of lots;
thence, along the southern line of State Street, North 85 degrees 51 minutes 58 seconds
East, a distance of 143.96 feet to another point on the southern right-of-way line of the
said State Street, this point on the line dividing lots 2 and 3 on the hereinafter mentioned
plan of lots; thence, along the line dividing Lots 2 and 3, South 01 degrees 07 minutes 47
seconds West, a distance of 119.22 feet to a point at or near the right-of-way line of
Consolidated Railroad; thence, North 89 degrees O0 minutes 57 seconds West, a distance
of 143.08 feet to a point also on or near the right-of-way line of Consolidated Railroad and
on the line dividing Lots 1 and 2 on the hereinafter mentioned plan of Lots; thence, along
the line dividing Lots 1 and 2 North O0 degrees 59 minutes 03 seconds East, a distance of
106.38 feet to the point or place of BEGINNING.
BEING all of Lot 2 as shown on a sub-division plan for Claude Wheeler, which said
31an is dated 6 September 2001 and is recorded in the Recorder of Deeds Office in and for
Cumberland County, Pennsylvania, in Deed Book 84, at Page 45, and containing, in
accordance with said plan, 16,155 square feet and being improved with a commercial
building known and numbered as 900 State Street.
BEING the part of the same premises which Claude Wheeler, Sr., by his Deed dated
29 July 1988 and recorded in the Recorder of Deeds Office in and for Cumberland County,
Pennsylvania, in Deed Book 33, Volume N, Page 341, granted and conveyed onto Claude
Wheeler, Sr. and Patsy L. Wheeler.
UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of
prior record.
M&T BANK, SUCCESSOR TO
ALLFIRST BANK, SUCCESSOR TO
DAUPHIN DEPOSIT BANKAND TRUST
COMPANY
Plaintiff
CLAUDE WHEELER, SR.
and PATSY L. WHEELER
Defendants
IN THE! COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-7113 CIVIL TERM
MORTGAGE FORECLOSURE
.PRAECIPE
TO THE PROTHONOTARY:
Please mark this action "settled and discontinued".
Date: September 28, 2004
KEEFER, WOOD, ALLEN & RAHAL
By: ~E~. Pepinsky, Jr.
Attorney I.D. #23702
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(71'7) 255-8051
Attorneys for Plaintiff