HomeMy WebLinkAbout11-3041PTC09347-PM41342-Signature BankUransfer Judgment.doc
McELROY, DEUTSCH, MULVANEY
& CARPENTER, LLP
By: MATTHEW A. LIPMAN, ESQUIRE
Identification No.: 86892
One Penn Center at Suburban Station
1617 JFK Boulevard - Suite 1500
Philadelphia, PA 19103-1815
(215) 557-2900
Attorneys for Plaintiff
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SIGNATURE BANK,
Plaintiff
v.
AFC WASHCO-CARLISLE CROSSING
LP,
Defendant.
IN THE COURT OF COMMON PLEAS co
OF CUMBERLAND COUNTY
Docket Number: l 1.34 q 1 6 v?
PRAECIPE TO TRANSFER JUDGMENT WITH
CERTIFICATION OF ADDRESSES AND SUPPORTING AFFIDAVIT
TO THE PROTHONOTARY:
Kindly transfer the attached judgment from the Supreme Court of the State of
New York, County of New York, entered on January 6, 2011, in favor of Plaintiff,
Signature Bank, and against Defendant, AFC Washco Carlisle Crossing, LP in the
amount of $268,683.17, to the Court of Common' Pleas of Cumberland County,
Pennsylvania. A copy of the original judgment from the transferring court containing
certified docket entries is attached hereto.
I swear under penalty of perjury that this judgment remains valid, enforceable and
unsatisfied.
Plaintiff's address is 565 Fifth Avenue, New York, NY 10017. Upon information
and belief, Defendant maintains mailing addresses at the following locations: (1)
111 West 57th Street, Suite 520, NY, NY 10019; and (2) c/o Washco-Carlisle Crossing
LLC, 225 South Street, Harrisburg, PA 17101.
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Cw??9Ys
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McELROY, DEUTSCH, MULVANEY
& CARPENTER, LLP
By:
MA EW A. MAN, ES IRE
A orneys for Plaintiff, Signature Bank
Dated: March 4, 2011
Sworn to and subscribed to me
this 1,-;' 14' day of March, 2011
c.?atc f-f
NOTAI(* PUBLIC
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
ELIZABETH A. DEVLIN, Notary Public
City of Philadelphia, Phila. County
Comm io F?tni er 22, 2012
ILED:•NEW YORK COUNTY CLERK 01/11/20111
NYStEF DNC. NO. 15
0
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF New York
x
Signature Bank
Defendant/Respondent.
x
Plaintiff/Petitioner,
- against -
AFC Wahseho Carlisle Crossing, LP
INDEX NO. 600345/ 1
RECEIVED NYSCEF: O1/11 W,
Index No. 600345/2010
O
?? 1
CERTIFICATE REQUESTING ENTRY OF JUDGMENT
IN ELECTRONICALLY-FILED CASE
To: The County Clerk, County of New York
It 13 b VIII
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Robert J. Malatak , an attorney admitted to the Bar of the State of New York and counsel
for Plaintiff Signature Bank in the above-captioned electronically-filed case, does hereby request that
judgment be entered in this case based upon the Order , dated June 30, 2010
and entered on October 12, 2010 . Pursuant to CPLR 5017 (a), I do hereby certify that the
following documents shall constitute the Judgment Roll for this Judgment. Each document is identified by
title of the paper, the date filed with the electronic filing system, and the number of the paper as listed on the
E-Filing List of Papers Filed.
Title of Document
1) Judgment and Bill of Costs
Number of Paper On
E-Filing List of Papers Date Filed
No.
2) Signed Order No 4 10/12/10
3) Summons No 7 2/9/10
4) Notice of Motion No g 2/9/10
5) Affidavit in Support e ,c 11, h 5. No. 12.1 Is- 2/9/10
6)
7) Signed Decision No 2 6/10/10
8) Affidavit of Service No 9 2/9/10
9) Affidavit of Service No 3 6/21/10
10) No.
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0
The documents listed above are available on the electronic filing website and maybe downloaded and
printed as needed.
Dated: 115111
(Signature)
Robert J. Malatak (Name)
Hahne & Hessen LLP (Firm Name)
488 Madison Avenue (Address)
New York, New York 10022
(212) 478-7200
Attorney for Plaintiff Signature Bank
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
SIGNATURE BANK,
Plaintiff,
- against -
AFC WASHCO-CARLISLE CROSSING, LP,
X
Index No.: 600345/2010
JUDGMENT
Defendant.
X
Plaintiff Signature Bank ("Plaintiff, by and through its attorneys Hahn & Hessen LLP,
having moved for an order pursuant to CPLR § 3213 granting summary judgment in its favor
(the "Motion'), and upon reading and filing of the summons, otice of motion, mni6-
each dated February 8, 2010, and an affidavit, sworn to on February 8,
2010, all of which were submitted in support of the Motion; the Motion having regularly come
on to be heard; and the time for Defendant to appear, answer, or otherwise respond thereto
having expired and Defendants having not filed or served any response to the Motion, the Court,
after due deliberation, rendered a decision and order dated May 18, 2010 granting the Motion in
its entirety.
NOW, upon the motion of Hahn & Hessen LLP, counsel for Plaintiff, it is
8?lBiB?iliq ADJUDGED that Plaintiff Signature Bank, with a
principal place of business at 565 Fifth Avenue, New York, NY 10017, have judgment and doss
recover of Defendant AFC Washco-Carlisle Crossing, L.P., which has a principal place of
business located at 111 West 57th Street, Suite 520, New York, NY 10019,:-:-41., --.ai?
c t 9, 303 3 L
in the amount of $248,969.81 together with accrued interest in the amount of 6*028 9rt at the
per diem rate of $57.28 from February 3, 2010 to the date of judgment, plus costs and
1
9669901002-1888488.1
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wy?o.ov sz4g?c.9r3, ?'t
disbursements as taxed by the clerk of WIM, amounting in all to the sum of 6VA46OW, and
that Plaintiff shall have execution therefore.
Judgment entered this ( day of
?C+i?? li,or.' 101
Clerk of the Court
r
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FILED
JAN 0 6 2011
NEWYOW
COUNTY &ERKS 0
STATE OF NEW YORK, COUNTY OF tlCW YORK,
SS' L NORMAN GOODMAN. COUNTY CLERK AND
CLERK OF THE SUPREME COURT, NEW YORK
COUNTY, VC Ift.`+VIY CERTSY C:C
2011 MAR - 3 All 4c
THAT HAVE COMPARLD THIS CCPY
WTH THE RIGIAiA i ILEO i!; NY OFF''.:F '1':
„Na TI ; ` i SA3gl 1, A It
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fR! :BEff:C!;..N0OF IME
"• lil' i ; .:'till O78V'IVAL. IN WITNESS
@?.':i: HFlit1 NT0 SET MY
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405801
P+I LED 4 NEW YORK CO CLERIC 11/17/20101
NYSCEF DOC."NO. 11
INDEX NO. 600345/2010
RECEIVED NYSCEF: 12/17/2010
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------- ------- ----- -------- --------------------- ------- ------ ----
SIGNATURE BANK, Index Number: 600345/2010
Justice Charles E. Ramos
Plaintiff, Motion Seq. No. 001
- against -
AFC WASHCO-CARLISLE CROSSING, LP, BILL OF COSTS AND
,ATTORNEY AFFIRMATION
Defendant.
------__--_------------- ------------ -------- ----- ----------- x
COSTS
Costs before note of issue
CPLR 801(1)
Total Costs:
DISBURSEMENTS
Fee for Index Number
CPLR 8018(x)
00.00
10.00
Total Disbursements:
TOTAL COSTS AND DISBURSEMENTS
966990/002-1947078.1
$200.00
i !-I'- REBY CERTIFY THAT I HAVE
?,f",.!I i$ TED THlSF21L OF COSTS AT
$210.00
FILED
JAN 0 6 2011
NEW YORK
COUNTY CLERK'S OFFl011
t ,
0
Attorney's Affirmation &aged to BM of Coats
The undersigned, an attorney admitted to practice in the courts of the State of New York,
affirms under penalty of perjury pursuant to CPLR § 2106 as follows:
1. I am the attorney of record for the Plaintiff in this action.
2. The foregoing disbursements have been made or incurred in this action, and are
reasonable in amount.
Dated: New York, New York
December 17, 2010
HAHN & HESSEN LLP
Attorneys for Plaintiff
Signature Bank op.
By:
Robert J. M f
Annie Power
488 Madison Avenue
New York, New York 10022
(212) 478-7200
JAN 0 b ?t)11
2
966990/002-1947078.1
Index No. (o 3 51 (t7
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Plaintil_t, ft?? 0 r l???r
-against-
AC- sc- ?Z-117. Lc,t,sl? C r.ss:., 4. ??
Defen ` nts. J
DpCKt t,T, D
Ise.
FILED AAA.
OCK
JAN 06 2011
AT, Aft
CLK,§ WjCE
Case Information
Page 1 of 3
INDEX NO.: 600345.2010E
PLAINTIFF: SIGNATURE BANK
DEFENDANT: AFC WASHCO CARLISLE CROSSING
CASE STATUS: DISPOSED
ACTION: E-FILED CONTRACT
LAST UPDATE: 03-03-2011 10:00AM
JUSTICE: RAMOS, CHARLES E.
600345-2010
KEY TO LINKS BELOW
COUNTY CLERK INFORMATION
FULL CAPTION
COUNTY CLERK MINUTES
CC - CPAL INDEX INQUIRY
COURT INFORMATION
CASE CAPTION
CASE INFORMATION
ATTORNEYS
APPEARANCES
MOTIONS
COMMENTS
ASSIGNED JUSTICE
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IUDGMENT entered
7 15 2011-01-11 JUDGMENT In the office of the ]
County Clerk on LKn
.g
January 06, 2011
REJECTED
Certificate Requesting Entry
e 14 RETURNED FOR 001
of Judgment
CORRECTION
Memorandum of
Law In Support of
MEMORANDUM OF LAW IN Motion for JOHN
13 2011-01-05 001 -
SUPPORT 'Summary AMATO
Judgment In Lieu
of Complaint
Kasulka Affidavit
In Support of
AFFIDAVIT OR
10 12 2011-01-05 AFFIRMATION IN SU
PPORT Motion for
001
JOHN
-
Of MOTION Summary AMATO
Judgement In Lieu
of Complaint
11
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12-1
2011-01-05
EXHIBIT/51
Ezhibltl
001 JOHN
AMATO
F--]F- 7 F---I JOHN F?
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Case Information
Page 2 of 3
z 12-2 2011-01-05 I ExH16IT(S) I Exhibit 2 001 AMATO ?
J
3
F
12-3
2011-O1-OS ExHIBI7(S) Exhibit 3
001 JOHN
AMATO
a
1a 12-4 2011-O1-OS E%HIBITtS) Exhiblt4 001 gMATO
15 12-5 2011-01-05 EXHIBITIS) [xhibit5 001 A ATO
11
2010-12-17
BILL OF COSTS 6111 of Costs and
gttarnay
Affirmation
-
JOHN
AMATO
-
1?
10
Certificate Requesting Entry
of Judgment REJECTED
RETURNED FOR
CORRECTION
-
-
-
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9 ?
2010-12-17 AFFIRMATION /AFFIDAVIT
OF SERVICE Affidavit of Service
of Summons
a
JOHN
AMATO
9
8
011-01-05
OTICE OF MOTION Notice of Motion
for Summary
01
JOHN Previously
Paid
Amount:
Judgment In Lieu
of Complaint AMATO
$45
01/05/2011
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7
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2010-12-17
? SUMMONS WITH NOTICE
(FEE PREVIOUSLY PAID)
Summons JOHN
AMATO
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6
Bill of Costs and Attorney
Affirmation REJECTED
RETURNED FOR
CORRECTION
F111
5
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2010-11-10
?
PROPOSED JUDGMENT
Judgment
? a JOHN
AMATO
SIGNED ORDER
2'3
4
2010-10-12
Sinned Order entered in the
office of the County
Clerk on October
-
Clifford
Reig
-
12, 2010
NOTICE OF SETTLEMENT Notice of
2.1
3
2010-06-21
W/PROPOSED Settlement
- JOHN
-
ORDER/COUNTER ORDER w/Proposed Order; AMATO
Affidavit of Service
SIGNED settle
ORDER decision,
25 2 2010-06-10 Sianed Order a". 001, to Christine
commercial Cerabone
division on June
10, 20102010
County Clerk Minutes -prior I
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2010-03-25
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Documents that have been entered into the minutes of the County Clerk bear a stamp stating "Filed," followed
by the date of filing (entry date) and the words "New York County Clerk's Office." Except in matrimonial cases
(documents for which are not included in Scroll), judgments are not entered by the County Clerk until an
attorney for a party to the case appears at the Judgment Clerk's desk (Rm. 1418 at 60 Centre Street) and
requests entry. Copies of unfiled judgments bearing a stamp stating "Unfiled Judgment" and a notice to
counsel may be found in Scroll. For technical reasons, some long form orders or other documents that were
scanned in the early phase of this project may be categorized here as a "Decision."
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http://10.132.37.7:8080/iscroll/SQLData.jsp?IndexNo=600345-2010&Submitl=Search 3/3/2011
Case Information
60 Centre Street. New York NY 10007
y Copyright 0 2006 Unified Court System
Page 3 of 3
http://l0.132.37.7:8080/iscroll/SQLData.jsp?IndexNo=600345-2010&Submitl=Search 3/3/2011
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All of which we have caused by these presents to be exemplified and
in the year of our Lord two thousand and
, and of our independence the two hundred and
County Clerk and Clerk of the
Supreme Court, New York County
GEORGE J. SILVER
e of the Supreme Court of the State of New York for the County of New York,
ie being a Court of Record, do hereby certify that the foregoing attestation is
and proper form and by the proper officer.
New York,
New York,
of New York,
MAC ` 2011 20/i
7?4 - wrl?
Justice
th Supreme Court
of the State of New York.
ss.. 4y e
I, NORMAN GOODMAN, County Clerk and Clerk of the
Supreme Court of the State of New York, County of New
York, do hereby certify that Hon.
whose name is subscribed to the preceding certificate is
a justice of the Supreme Court of said State in and for
the County of New York, duly elected and qualified, and
that the signature of said justice to said certificate is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my
hand and affixed the Seal of said County and Court this
/d day of? 20 /i .
County Clerk and Clerk of the
Supreme Court, New York County.
the Seal of our said County and Supreme Court to be hereunto affixed.
Witness, Hon. GEORGE J. SILVER a Justice of the Supreme
Court of the State of New York for the County of New York, the 9
No. F..
15815
day of
NYS2`EF D6C. NO. 15
0
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF New York
x
Signature Bank
Plaintiff/Petidoner,
- against -
AFC Wahseho Carlisle Crossing, LP
ODEX NO.
RECEIVED NYSCEF
600345/2010
Index No. O
600345/
01/11)
1
Defendant/Respondent. b'101
x SP"?) &t
CERTIFICATE REQUESTING ENTRY OF JUDGMENT ,? ?p
IN ELECTRONICALLY-FILED CASE G
To: The County Clerk, County of New York GO
Robert J. Malatak , an attorney admitted to the Bar of the State of New York and counsel
for Plaintiff Signature Bank in the above-captioned electronically-filed case, does hereby request that
judgment be entered in this case based upon the Order , dated June 30, 2010
and entered on October 12, 2010 . Pursuant to CPLR 5017 (a), I do hereby certify that the
following documents shall constitute the Judgment Roll for this Judgment. Each document is identified by
title of the paper, the date filed with the electronic filing system, and the number of the paper as listed on the
E-Filing List of Papers Filed.
Number of Paper On
Title of Document E-Filing List of Pagers Date Filed
1) Judgment and Bill of Costs No.
2) Signed Order No 4 10/12/10
3) Summons No 7 2/9/10
4) Notice of Motion No g 2/9/10
5) Affidavit in Support No. 12.12-1 - 1 n i 2/9/10
6)
7) Signed Decision No 2 6/10/10
8) Affidavit of Service No 9 2/9/10
9) Affidavit of Service No 3 6/21/10
10) No.
•
The documents listed above are available on the electronic filing website and may be downloaded and
printed as needed.
Dated: 115111
Agrff! - (Signature)
Robert J. Malatak (Name)
Hahn & Hessen LLP (Firm Name)
488 Madison Avenue (Address)
New York, New York 10022
(212) 478-7200
Attorney for Plaintiff Signature Bank
?Q
r?
7127107
•
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------ ---------------------------- ------------- ----------------- x
SIGNATURE BANK, Index No.: 600345/2010
Plaintiff,
- against - JUDGMENT
AFC WASHCO-CARLISLE CROSSING, LP,
Defendant.
x
Plaintiff Signature Bank ("Plaintiff'), by and through its attorneys Hahn & Hessen LLP,
having moved for an order pursuant to CPLR § 3213 granting summary judgment in its favor
(the "Motion', and upon reading and filing of the summons, notice of motion, ri--
each dated February 8, 2010, and an affidavit, sworn to on February 8,
2010, all of which were submitted in support of the Motion; the Motion having regularly come
on to be heard; and the time for Defendant to appear, answer, or otherwise respond thereto
having expired and Defendants having not filed or served any response to the Motion, the Court,
after due deliberation, rendered a decision and order dated May 18, 2010 granting the Motion in
its entirety.
NOW, upon the motion of Hahn & Hessen LLP, counsel for Plaintiff, it is
911 RAW ADJUDGED ssi¦>d that Plaintiff Signature Bank, with a
principal place of business at 565 Fifth Avenue, New York, NY 10017, have judgment and do 49-5
recover of Defendant AFC Washco-Carlisle Crossing, L.P., which has a principal place of
business located at 111 West 57th Street, Suite 520, New York, NY 10019, „` -amt gp
4919,303 3(.
in the amount of $248,969.81 together with accrued interest in the amount of ilEii@001 at the
per diem rate of $57.28 from February 3, 2010 to the date of judgment, plus costs and
1
966990/002-1888488.1
n
•
vta{lu.aa sz?g,l.g3, ??
disbursements as taxed by the clerk of 114M, amounting in all to the sum of 06406", and
that Plaintiff shall have execution therefore.
Judgment entered this (o day of 1 is o --vb
e7c, or7 a4f?
Clerk of the Court
_r
TED
JAN 0 6 2011
TY &ERKS OF FM
STATE OF NEW Y ? , ;;'TY CF hi't'J YDNK,
SS: I. NUMAN Gi 0 r? .(: J 1Ty C[MIX AND
CEFRK OF THE C'-.!q r C'W"TY.L
2011 MAR -
THAT I HAVE CCP ;,',4_p l;n r;r`Y
VATH THE pi11G1hdA l?.?p IN i I ; 'iE a
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• •
Pa LED 4 NEW YORK COUNTY CLERK 12717/2010
NYSCEF DOC.-NO.•-11
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------- -x
SIGNATURE BANK,
Plaintiff,
•
INDEX NO. 600345/2010
RECEIVED NYSCEF: 12/17/2010
Index Number: 600345/2010
Justice Charles E. Ramos
Motion Seq. No. 001
- against -
AFC WASHCO-CARLISLE CROSSING, LP, BILL OF COSTS AND
,AT=TORNEY AFFIRMATION
Defendant.
------------------------------------------------------------------x
COSTS
Costs before note of issue
CPLR 801(1)
$200.00
1HEREBY CERTIFY THAT I HAVE
q!°',!LJSTED THIS.511- OF COSTS AT
Total Costs:
DISBURSEMENTS
Fee for Index Number
CPLR 8018(a)
00.00
10.00
Total Disbursements:
TOTAL COSTS AND DISBURSEMENTS
$210.00
FILED
1
966990/002-1947078.1
4' O V
?
JAN 0 6 2011
NEW YORK
COUNTY CLERK'S' OFFI01
Y ,
• •
0
Attorney's Affirma ft Annexed to S of Coats
The undersigned, an attorney admitted to practice in the courts of the State of New York,
affirms under penalty of perjury pursuant to CPLR § 2106 as follows:
1. I am the attorney of record for the Plaintiff in this action.
2. The foregoing disbursements have been made or incurred in this action, and are
reasonable in amount.
Dated: New York, New York
December 17, 2010
HAHN & HESSEN LLP
Attorneys for Plaintiff
Signature Bank
By
Robert J. Ma)dak
Annie Power
488 Madison Avenue
New York, New York 10022
(212) 478-7200
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McELROY, DEUTSCH, MULVANIEY
& CARPENTER, LLP
By: MATTHEW A. LIPMAN, ESQUIRE
Identification No.: 86892
One Penn Center at Suburban Station
1617 JFK Boulevard - Suite 1500
Philadelphia, PA 19103-1815
(215) 557-2900
t'1 C DTNONOW\
jt tBERLAND COUNTY
'E 4, SYLVANIA
Attorneys for Plaintiff
SIGNATURE BANK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
V.
AFC WASHCO-Carlisle Crossing, LP,
: NO. 11-3041
CIVIL ACTION - LAW
Defendant.
RELEASE OF JUDGMENT LIEN AS TO REAL PROPERTY
LOCATED AT 321 YORK ROAD, CARLISLE, PENNSYLVANIA
TO THE PROTHONOTARY:
Kindly release the judgment lien only as to the real property described in Exhibit "A"
attached hereto and incorporated herein, which property is located at 321 York Road, Carlisle,
Cumberland County, Pennsylvania. As to all other real property, the judgment remains valid,
enforceable and unsatisfied.
McELROY, DEUTSCH, MULVANEY
& CARPENTER, LLP
Dated: July 20, 2011 ofi"4it., 4"' /
By:
Matthew A. Lipman, Esquire
Attorneys for Plaintiff, Signature Bank
a?+ agx PdQl
Ckaf sQq-)6
2 ac,a, (Oct
Exhibit "A"
(see attached)
Lot No.1
ALL THAT CERTAIN tract or parcel of land situate in South Middletown Township, Cumberland
County, Pennsylvania, located along the southern Legal Right-0f Way Line of Thadle Road (S.R. 0641)
as shown as Lot I on the "Preliminary/Final Subdivision Plan for Carlisle Crossing" as prepared by
Herbert, Rowland and Grubic, Inc. dated 8-2-04 last revised 10/19/04 and recorded 04/18105 in Plan Book
90, Page 108 and more fully bounded and described as follows:
BEGINNING at an iron pipe (found) on the southern Legal Right-of-Way Line of Trindle Road (S.R.
0641) and the intersection of the dividing line between Lots 1 and 2 of the aforementioned plan; thence
continuing along the southern Legal Right-of-Way Line of Trindle Road (S.R. 0641) the following three
(3) courses and distances, (1) South 87 degrees 04 Minutes 30 seconds East 67.50 feet, (2) by a curve to
the loft having a radius of 5,791.65 feet and an are length of 104.45 feat and a chord of South 87 degrees
35 minutes 30 seconds East 104.45 feet; (3) South 88 degrees 06 minutes 30 seconds East 103.95 feet, to
the western Right-of-Way Line of Fairview Stroet; thence continuing along the western Right-of-Way
Line of Fairview Street the following three (3) courses and distances, (1) by a curve to the right having a
radius of 60.00 feet and an are length of 94.46 fret and a chord of South 43 degrees 00 minutes 29
seconds East 85.00 feet, (2) South 02 degrees 05 minutes 33 seconds West 173.68 feet, (3) by a curve to
the right having. a radius. 01265.00 fact and an arc length of 56,I0 feet and a chord of South 08 degrees
09 minutes 25 seconds West 55.99 feet to the intersection of the dividing line between Lots 1 and 2 of the
aforementioned plan; thence continuing along dividing line between Lots 1 and 2 the following three (3)
courses and distances, (1) by a curve to the right having a radius of 70.00 feet and an are length of 130.77
feet and. a chord of South 67 degrees 44 minutes 29 seconds West. 112.57 feat, (2) by a curve to the left
having a radius of 330.00 feet and an arc length of 234.17 feet and a chord of North 79 degrees 04
minutes 04 seconds West 229.29 feet, (3) North 01 degrees 53 minutes 30 seconds East 301.73 feet being
the place of BEGINNING.
BEING part of tract 1 of the same property conveyed by virtue of deed from The Blacksmith Living Trust
dated April 13, 2005 and recorded April 20, 2005 in the Office of the Recorder of Dads in and for
Cumberland County in Dead Book 268, Page 2401.
Lot No. 2
ALL THOSE CERTAIN 2 tracts or parcels of land situate in South Middletown Township, Cumberland
County, Pennsylvania, located along Interstate Route 81 (S.R. 0081 American Legion Memorial
Highway) said tracts being as shown as Lot 2 on the "Preliminary/Final Subdivision Plan for Carlisle
Crossing" as prepared by Herbert, Rowland and Grubic, Inc. dated 8-2-04 last revised 10119/04 and
recorded 04/18/05 in Plan Book 90, Page 108 and more fully bounded and described as follows:
Tract 1
BEGINNING at in iron pipe (found) on the southern Legal Right-of-Way Line of Trindle Road (S.R
0641) and the intersection of the dividing line between Lots 1 and 2 of the aforementioned plan; thence
continuing along the same the following three (3) courses and distances, (1) South 01 degrees 53 minutes
30 seconds West 301.73 feet, (2) by a curve to the right having a radius of 330.00 feet and an are length
of 234.17 feet and a chord of South 79 degrees 04 minutes 04 seconds East 229.29 feat, (3) by a curve to
the left having a radius of 70.00 feet and an are length of 130.77 feet and an chord of North 67 degrees 44
minutes 29 seconds East 112.59 feet, to the western
dedicated Right-of-Way Line of Fairview Street; thence continuing along the same the following five (5)
courses and distances, (1) by a curve to the right having a radius of 265.00 feet and an arc length of 80.10
fleet and a chord of South 22 degrees 52 minutes 51 seconds West 79.80 feet, (2) South 31 degrees 32
minutes 25 seconds West 71.95 feet, (3) South 58 degrees 27 minutes 35 seconds East 51.31 feet, (4) by a
curve to the right having a radius of 320.00 feet and an are length of 112.80 feet and a chord of South 48
degrees 21 minutes 40 seconds East 112.22 feet, (5) South 38 degrees 15 minutes 45 seconds East 229.83
feet to an iron pin (found); thence continuing along hands N/F of Edmund S. Blacksmith the following
throe (3) courses and distances, (1) South 70 degrees 44 minutes 21 seconds West 60.07 feet to a 3/4" bolt
(found), (2) South 48 degrees 54 minutes 03 seconds West 195.62 feet to a 3/4" bolt (found), (3) South 41
degrees 03 minutes 39 seconds East 124.93 feet to a 3/4" bolt (found), and land N/F of Theodore U.
Gelman, Jr.; thence continuing along the same South 48 degrees 44 minutes 03 seconds West 34.81 feet
to a iron pin (found), and lands N/F of Don C. Smith; thence continuing along the same South 84 degrees
19 minutes 17 seconds West 37.29 feet to a 5/8" iron pin (found), thence continuing along the some and
lands N/F of William A. Beam, and Edwin R. Clugh, and passing through a 1" axle (found) South 04
degrees 32 minutes 06 seconds East 218.98 feat to a 518 " iron pipe (found), and lands N/F of Lewis E.
Klinedinst; thence continuing along the same South 86 degrees 07 minutes 20 seconds West 243.59 feet
to a 2" iron pipe (found); thence continuing along the same South 03 degrees 41 minutes 27 seconds East
78.58 feet to land N/F of James V. Eckart and Eugene K. Settel; theme South 48 degrees 18 minutes 32
seconds West 364.80 feet to a 518" iron pin (found); thence continuing along the some South 00 degrees
21 minutes 18 seconds East 24828 feet to lends N/F of Lot 4 of die afrnarnentionod plan; thence
continuing along the same the following seven (7) courses and distances, (1) North 58 degrees 27 minutes
38 seconds West 842.10 feet, (2) South 31 degrees 32 mimitas.22 seconds West 35.33 feet, (3) North 58
dogmas 27 minutes 38 seconds West 313.95 feet, (4) South 31 degrees 32 minutes 22 seconds West
350.41 fact, (5) South 58 degrees 51 minutes 56 seconds East 356.78 feet, (6) South 47 degrees 44
minutes 49 seconds East 121.89 feet, (7) South 31 degrees 24 minutes 19 seconds West 318.27 feet to a
5/8" iron pin (found) and lands N/F of Lot 7 of the aforementioned plan and James J. Stony; thence
continuing along lands N/F of James J. Stoy North 58 degrees 23 minutes 07 seconds West 166.74 foot to
the eastern Right-of-Way Line of a 40' wide unopened street, thence continuing along the same North 31
degrees 24 minutes 19 seconds East 253.38 feet to a 5/8" iron pin (found); thence continuing along the
same North 59 degrees 55 minutes 36 seconds West 40.14 feet to a V iron pipe (found) and the western
Right-of-Way Line of a 40' wide unopened street, and lands N/F of Earl F. Dellinger; thence continuing
along the same North 58 degrees 58 minutes 12 seconds West 131.70 feet to land N/F of Eugene J.
Yoffee: thence continuing along the same North 57 degrees 12 minutes 04 seconds West 104.56 feet to a
1/2" iron pipe (found) and lands N/F of Elizabeth L. Smith; thence continuing along the same North 62
degrees 07 minutes 02 seconds West 217.82 feet to a 5/8" iron pin (found) and the eastern Right-of-Way
Line of American Legion Memorial Highway, Interstate Rome 81, S.R. 0081; thence continuing along the
same by a curve to the left having a radius of 4673.75 Beet and an arc length of 782.85 feet and 'a chord of
North 36 degrees 29 minutes 21 seconds East 781.93 feet to lands N/F of Lot 3 of the aforementioned
plan; thence continuing along the same the following thirteen (13) courses and distances (1) South 58
degrees 27 minutes 38 seconds East 530.26 feet, (2) South 31 degrees 32 minutes 22 seconds West 18.00
feet; (3) South 58 degrees 27 minutes 38 seconds East 220.44 feet, (4) North 31 degrees 32 minutes 25
seconds East 28.27 feet, (5) South 58 degrees 27 minutes 38 seconds East 396.17 feet, (6) North 31
degrees 32 minutes 25 seconds East 525.11 feet, (7) North 58 degrees 27 minutes 38 seconds West
141.50 feet, (8) South 31 degrees 32 minutes 22 seconds West 59.70 foot, (9) North 58 degrees 27
minutes 35 seconds West 88.33 feet, (10) South 31 degrees 32 minutes 27 seconds West. 7.90 feet, (11)
North 58 degrees 27 minutes 38 seconds West 166.34 feet, (12) North 31 degrees 32 minutes 25 seconds
Fast 31.21 feet; (13) North 58 degrees 27 minutes 38 seconds West 531.70 feet to the eastern Right-of-
Way Line of American Legion Memorial ITighway, interstate Route 81, S.R. 0081; thence continuing
along the same the following three (3) courses and distances, (1) North 66 degrees 47 minutes 44 seconds
East 269.00 feet to a 518" iron pin (foundl (2) by a curve to the left having a radius of 304.50 feet and an
arc length of 339.38 feet and a chord. of North 34 degrees 51 minutes 59 seconds East 322.08 feet to a
518" iron pin (found), (3) North 02 degrees 56 minutes 14 seconds East 26.61 feet to a 5/8" iron pin
(found), thence continuing along the same and passing through a 2" iron pipe in concrete (found) North
50 degrees 47 minutes 17 second's Fast 266.06 feet being the place of BEGINNING.
BEING Residual Tract 1 of the same property conveyed by virtue of dead from The Blacksmith Living
Trust dated April 13, 2005 and recorded April 20, 2005 in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book 268, Page. 2401.
Tract 2:
ALL THAT CERTAIN tract of land situate on the westerly side of American Legion Memorial Highway,
Interstate Route 81, SX 0081, and east of Fairfield Street, T-515, in South Middleton Township,
Cumberland County, Pennsylvania, as shown on the "Final Subdivision and Land Development Plan for
Carlisle Crossing: prepared by Herbert, Rowland & Grubic, Inc.; dated September 27, 2004, Last Revised
October 19, 2004, Project No. 3073.001, said Tract 2 being more fully bounded and described as follows:
BEGINNING at a 1/2" iron pipe (found) on the southeasterly Right-of-Way Line of Fairfield Street, T-
515, 50-Beet wide, at lands N/F of Brenan Haddon; thence by the southeasterly Right-of-Way Line of
Fairfield Street, North 36 dogmas 51 minutes 05 seconds East 50.39 feet to a PK nail (found) to land N/F
of Lee H. Morrison; thence by the same, South 60 degrees 15 minutes 58 seconds East 301.27 feet to a
518" iron pin (found); to a corner of Lot 3, Tract 2, of aforementioned plan; thence by the same, South 51
degrees 11 minutes 49 seconds East 236.49 feet to an iron pin (found), at the westerly line of the
American Legion Memorial Highway, Interstate Route 81, S.R. 0081; thence by the same the following
two (2) courses and distances; (1) by curve to the right having a radius of 915.37 feet and an arc distance
of 327.29 feet and "a chord of south 49 degrees 38 minutes 25 seconds West 325.55 feet to an iron pin
(found), (2) -South 59 degrees 53 minutes 00 seconds West 367.69 feet to a 5/8" iron pin (found) at the
Northerly side of a 20 foot wide unopened alley, thence by the same, North 58 degrees 28 minutes 13
seconds West 21.59 feet to a 518" iron pin (found), at lands NIP Cletus L. & Helen C. Wise; thence by the
same and along lands N/F of Ovidio Ruiz; David W. Adams, and Brenan Redden, North 36 dogmas 57
minutes 16 seconds East 615.53 feet to a 1/2" iron pipe (found); thence by lands N/F of Brenan Haddon,
North 60 degrees 15 minutes 58 seconds West 301.32 feet to a 1/2" iron pipe (found), the place of
BEGINNING.
BEING Tract 2 of the same property conveyed by virtue of dad from The Blacksmith Living Trust dated
April 13, 2005 and recorded April 20, 2005 in the Office of the Recorder of Deeds in and for Cumberland
County in Deed Book 268, Page 2401.
Lot No. 5
ALL THAT CERTAIN tract on lot of land situate in South Middleton Township, Cumberland County,
Pennsylvania, being Lot 5 on the "Proliminary/Final Subdivision Plan for Carlisle Crossing" as prepared
by Herbert, Rowland and Grubic, Inc. dated 84-04 last revised 10-19-04 and recorded 4/18/05 in Plan
Book 90, Page 108 and more fully bounded and described as follows:
BEGINNING at a point on the right of way line of a cul-de-sac of a abdy (60) foot wide proposed street at
the dividing line of Lot No. 5 herein conveyed and Lot No. 6 as shown on the hereinafter mentioned
Subdivision Plan; thence along said cul-de-sac on a curve to the right with a radius of 50.00 feet, an are
length of 42.05 feet, a chord bearing of North 86 dogmas 48 minutes 53 seconds East, and a chord length
of 40.82 feet to a point; thence on a curve to the left with a radius of 70.00 fief, an arc length of 131.02
feet, a chord bearing ofNorth 57 degrees 17 minutes 23 seconds East, and a chord length of 112.71 feet to
a point at the dividing line of Lot No. 4; thence along Lot No. 4, North 62 degrees 43 minutes 12 seconds
East, a distance of 109.17 feet to a point; thence South 51 degrees 08 minutes 12 seconds East, a distance
of 207.20 feet to a point at the property line of lands now or formerly of Chary M. Zimmerman; thence
by the same, South 38 degrees 51 minutes 48 seconds West, a distance of 37.52 feet to a 5/8" iron pin
(found) at land now or formerly of William C. Brehm, In; thence by the same the following two (2)
courses and distances; (1) South 39 degrees 31 minutes 03 seconds West, a distance of 44.02 feet to a 1"
iron pin (found); (2) South 40 degrees 26 minutes 00 seconds West, a distance of 143.68 feet to a 1" iron
pipe (found) at lands now or formerly of Ruth E. Shenk thence by same South 39 degrees 55 minutes 47
seconds West, a distance of 17.53 feet to the dividing line of aforementioned Lot No. 6; thence along Lot
No. 6 North 49 degrees 34 minutes 00 seconds. West, a distance of 312.65 feet to a point on the right of
way line of aforementioned cul-de-sac of a sixty (60) foot wide proposed street, the place of
BEGINNING.
BEING part of Tract 1 of the same property conveyed by virtue of deed from Albert John Blair, Hl and
others by dead dated April 13, 2005 and recorded April 20, 2005 in the Office of the Recorder of Deeds in
and for Cumberland County in Deed Book 268, Page 2401.
Lot No. 6
ALL THAT CERTAIN tract or parcel of land situate in South Middleton Township, Cumberland County,
Pennsylvania, located along the eastern Dedicated Right of-'Way Line of Westminster Drive as shown as
Lot 6 on the "Preliminary/Final Subdivision Plan for Carlisle Crossing" as prepared by Herbert, Rowland
and Grubic, Inc. dated 8-2-04 he revised 10-19-04 and recorded 4-18-05 in Plan Book 90, Page 108 and
more fully bounded and described as follows:
BEGINNING at the eastern Dedicated Right-of-Way Line of Westminster Drive and the intersection of
the dividing line between Lots 6 and 5 of the aforementioned plan; thence continuing along the dividing
line between Lots 6 and 5, South 49 degrees 34 minutes 00 seconds East 312.65 feet to lands N/F of Ruth
E. Shenk; thence continuing along the same and lands N/F of Kevin Mixon and Thomas K. Herrington
South 39 degrees 55 minutes 47 seconds West 203.72 feet to a 518" iron pin (found) and lands N/F of
Kjell L Enge; thence continuing along the same and lands N/F of Jack R. Books, Gregory A. Weigle, and
Charles N. Barnett, Jr., North 57 degrees 04 minutes 47 seconds West 324.07 feet to a Y4" iron pun
(found); thence continuing along lands N/F of Charles N. Barnett, Jr. South 32 degrees 55 minutes 00
seconds West 305.13 feet to an iron pin (found) and the eastern Dedicated Right-of-Way Line of
Westminster Drive; thence continuing along the eastern Dedicated Right-of Way Line of Westminister
Drive the following five (5) courses and distances, (1) by a carve to the right having a radius of 80.00 feat
and an are length of 80.66 feat and a chord of North 02 degrees 11 minutes 20 seconds East 77.28 feet, (2)
by a curve to the right having a radius of 970.00 feet and an we length of 31.29 feet and a chord of North
31 degrees 59 minutes 46 seconds East 31.29 feet, (3) North 32 degrees 55 minutes 13 seconds East
254.10 feet, (4) by a curve to the right having a radius of 220.00 feet and an arc length of 114.42 feet and
a chord of North 47 degrees 49 minutes 12 seconds Bast 113.14 feet, (5) North 62 degrees 43 minutes 12
seconds East 100.33 feet being the place of BEGINNING.
BEING part of tract I of the same property conveyed by virtue of deed from The Blacksmith Living Trust
dated April 13, 2005 and recorded April 20, 2005 in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book 268, Page 2401.
Lot No. 7
ALL THAT CERTAIN tract of land situate in South liddleton Township, Cumberland County,
Pennsylvania, located along the western Dedicated Itightof--Way Line of Westminister Drive as shown as
Lot 7 on the "Preliminary/Final Subdivision Plan for Carlisle Crossing" as prepared by Herbert, Rowland
and Grubic, Inc. dated 8-2-04 last revised 10-19-04 and recorded 4-18-05 in Plan* Book 90, Page 108 and
more fully hounded acid described as follows:
BEGINNING at the dividing line of Lot 4, of the aforementioned plan, and the Dedicated Right-of-Way
Line of Westininister Drive; thence continuing along the Dedicated Right-of-Way Line of Westminster
Drive the following three (3) courses and distances; (1) by a curve to the right having a radius of 50.00
feet and an are length of 4.51 feet and a chord of South 60 degrees 08 minutes 11 seconds West 4.51 feet,
(2) South 62 degrees 43 minutes 12 seconds West 10033 feet; (3) by a curve to the left having a radius of
no.00 feet and an arc length of 145.63 feet and a chord of South 47 degrees 49 minutes 12 seconds West
143.99 feet to the dividing line between Lets 7 and 8 of the aforementioned plan; thence continuing along
the game North 57 degrees 05 minutes 00 seconds West 250.51 feet to lands N/F of James L Stay and the
western edge of a 1.6 Wide unopened alley; thence continuing along the same North 28 degrees 57
minutes 46 seconds East 123.98 feet to a 518" iron pin (found) to the dividing line between Lots 7 and 2
of aforementioned plan; thence continuing along the same North 31 degrees 24 minutes 19 seconds East
164.52 feet to the dividing line between Lots 7 and 4 of aforementioned plan; thence continuing along the
same South 47 degrees 44 minutes 49 seconds Fast 357.09 feet to the place of BEGINNING.
BEING Part of Tract 1 of the same property conveyed by virtue of deed from The Blacksmith Living
Trust dated April 13, 2005 and recorded April 20, 2005 in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book 268, Page 2401.