HomeMy WebLinkAbout05-0980
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HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: JAMES T, SHOEMAKER, ESQUIRE
IDENTIFICATION NO, 63871
LAW OFFICES
600 THIRD AVENUE
KINGSTON, PA 18704-5815
(5701287-3000
ATTORNEY FOR PLAINTIFF
MELLON BANK, NA now by assignment,
CITIZENS BANK OF PENNSYLVANIA,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
IN MORTGAGE FORECLOSURE
vs,
BENJAMIN L. TABOR, JR. and
JESSIE L. TABOR,
Defendants
NO, O~ - 9f6
~1~l~~~vY(
NOTICE
YOU HAVE BEEN SUED IN COURT. rfyou wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served by entering a written appearance personally or by attorney and filing in writing with the Court
your defenses or objections to the claims set forth against you, You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the Court without
further notice for any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff, You may lose money or property or other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
641527.1
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.
COURTADMINlSTRATOR
Cumberland County Court House
Carlisle, P A 17013
(717) 249-1133
or
PENNSYLVANIA LAWYER REFERRAL SERVICE
P,O. Box 1086, 100 South St.
Harrisburg, PA 17108
(Pennsylvania residents phone:
1-800-692-7375; out-of-state
residents phone: 1-717-238-6715)
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P,C,
BY:~/ ......------
James T. Shoemaker, Esquire
I.D, No, 63871
Counsel for the plaintiff, Mellon Bank, N.A.,
now by assignment, Citizens Bank of
Pennsylvania
600 Third Avenue
Kingston, PA 18704-5815
(570) 287-3000 (telephone)
(570) 287-8005 (facsimile)
Dated: February I ~/, 2005
641527.1
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: JAMES T, SHOEMAKER, ESQUIRE
IDENTIFICATION NO, 63871
LAW OFFICES
600 THIRD AVENUE
KINGSTON, PA 18704.5815
(570)287.3000
ATTORNEY FOR PLAINTIFF
MELLON BANK, N.A. now by assignment,
CITIZENS BANK OF PENNSYLVANIA,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
IN MORTGAGE FORECLOSURE
vs,
BENJAMIN L. TABOR, JR. and
JESSIE L. TABOR,
Defendants
NO, OS- - 9Jf)
COMPLAINT
(!lL>~tT~
The plaintiff, Mellon Bank, N,A., now by assignment, Citizens Bank of Pennsylvania (the
"Bank"), by and through its counsel, Hourigan, Kluger & Quinn, P,C" hereby complains ofthe
defendants, Benjamin L. Tabor, Jr, and Jessie L. Tabor (jointly, the "Tabors"), as follows:
1. The Bank is a Pennsylvania state chartered bank with a place of business located at 8 West
Market Street, Suite 361, Wilkes-Barre, P A 18711-010 1.
2, The Tabors are adult individuals with a last known address of20435 Moss Bend Court,
Lutz, FL 33558,
3, On or about October 8, 1999, the Tabors were the owners of improved real estate situate
at 1603 Warren Street, Cumberland, Cumberland County, Pennsylvania, as more particularly described
in Cumberland County Instrument Book 35, pages 615 et seq, (the "Mortgaged Property"), (A true and
correct of Cumberland County Instrument Book 35, pages 615 et seq, is attached hereto as Exhibit "A"
and incorporated herein by reference,)
650381.1
4, On or about October 8, 1999, the Bank made a loan to Susquehanna Wire Corp,
("Susquehanna") in the amount of$225,000,OO (the "Loan").
5, The Loan is evidenced by a note and line of credit agreement dated October 8, 1999 (the
"Note"), (A true and correct copy ofthe Note is attached hereto as Exhibit "B" and incorporated herein
by reference,)
6. In order to induce partially the Bank to make the Loan, the Tabors exceeded and
delivered to the Bank a guaranty and suretyship agreement, guarantees, payment of all sums due the
Bank by Susquehanna (the "Suretyship"), (A true and correct copy of the Suretyship is attached hereto
as Exhibit "c" and incorporated herein by reference.)
7, In order to induce partially the Bank to make the Loan, the Tabors executed and delivered
to the Bank an open-end mortgage on the Mortgaged Property, obligating them to repay the entire sum
due and owing the Bank under the Agreement (the "Mortgage "). (A true and correct copy ofthe
Mortgage is attached hereto as Exhibit "D" and incorporated herein by reference.)
8, A default occurred under the Note in that Susquehanna failed to make payments of
principal and interest due under the Note.
9, The Tabors are the real owners of the Mortgaged Property,
10. The Mortgage has not been assigned, except as stated above.
11. The amount due the Bank under the Mortgage as of February 2,2005 was $235,309.85,
representing principal in the amount of $225,000,00, past due interest in the amount of $10,092.18, and
late fees in the amount of$217,67, exclusive of attorneys' fees and costs.
650381.1
2
WHEREFORE, the Bank demands judgment in mortgage foreclosure against Susquehanna and
the Tabors in the amount of$235,309,85, plus accrued interest from February 2,2005 through to the
date of distribution of Sheriffs sale, accruing at the approximate per diem rate of $35,93, attorneys' fees
in the amount of20% of the total outstanding indebtedness and costs,
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P,C,
BY:
~~
James T, ShoemaKer, Esquire
LD. No, 63871
Counsel for the plaintiff, Mellon Bank, N.A.,
now by assignment, Citizens Bank of
Pennsylvania
600 Third A venue
Kingston, PA 18704-5815
(570) 287-3000 (telephone)
(570) 287-8005 (facsimile)
Dated: February I~ 2005
650381.1
3
VERIFICATION
I, Timothy N, Toth, hereby certify that I am vice-president for Citizens Bank of Pennsylvania. I
have the authority to make this verification on its behalf. I hereby verify that the factual averments
contained in the foregoing complaint are true upon my personal knowledge or information and belief, I
understand that this verification is made subject to the penalties of 18 Pa,C.S.A. 9 4904 relating to
unsworn falsification to authorities. r'\ n _
~\I~
TimothyN, Toth
641539.1
MELLON BANK, N.A. now by assignment,
CITIZENS BANK OF PENNSYLVANIA,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
IN MORTGAGE FORECLOSURE
vs,
BENJAMIN L. TABOR, JR. and
JESSm L. TABOR,
Defendants
NO.
2005
AFFIDAVIT OF
NON-MILITARY SERVICE OF DEFENDANTS
COMMONWEALTH OF PENNSYLVANIA:
:SS
COUNTY OF ALLEGHENY
I, Timothy /II, Toth, vice-president for the plaintiff, being duly sworn according to law, depose and
say that I did investigate the status of Benjamin L. Tabor, Jr, and Jessie L. Tabor with regard to the Soldiers'
and Sailors' Civil Relief Act Of 1940. To the best of my knowledge or information and belief, Benjamin
L. Tabor, Jr. and Jessie L. Tabor are not now, or were they within a period of the last three (3) months, in
the militaryornaval service of the United States within the purview of the Soldiers' and Sailors' Civil Relief
Act of 1940.
Qu,~~W-
Timothy N Toth
Sworn to and subscribed
before me this q+fJ day of
~bV[t{ nf ' ~5, _
tJal/vV'tG(l,{ 111.4 eJ
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
. Marint:l Ruggiero, No~ Public
CIty of Pittsburgh, Allegheny ColllllY
My Commission Expires Feb. 21, 2005
Member, PennsylvanIa Association of Notarfes
650404.1
CERTIFICATION OF COMMERCIAL TRANSACTION
I, Timothy N, Toth, vice president of Citizens Bank of Pennsylvania, depose and say, subject
to the penalties of 18 Pa. C.S, 94904 relating to unsworn falsification to authorities, that the
underlying transaction relative to this complaint in confession of judgment is a commercial
transaction to the best of my knowledge or information and belief.
0-,~
Timothy N, Toth
641574.1
MELLON BANK, NA now by assignment,
CITIZENS BANK OF PENNSYLVANIA,
Plaintiff
vs,
BENJAMIN L. TABOR, JR. and
JESSIE L. TABOR,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
IN MORTGAGE FORECLOSURE
NO.
2005
AFFIDAVIT OF LAST KNOWN ADDRESS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS.
I, Timothy N. Toth, vice-president for the plaintiff, being duly sworn according to law, depose and
say that the last known address of the above-captioned defendants is as follows:
Benjamin L. Tabor, Jr,
20435 Moss Bend Court
Lutz, FL 33558
Sworn to and subscribed
before me this day
of ::ebvv{lr"' ,2005,
() ) ,------;-
l'It0VVv~ ~~ thO
Notary Public
650403.1
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Marina Ruggiero, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires Feb. 21, 200S
Member. Pennsylvania Association of Notaries
Jessie L. Tabor
20435 Moss Bend Court
Lutz, FL 33558 ("') n
Q...~Iv\ \~
Timothy N Toth
Nov-I9-2004 03,16p,
From-PREMIER ABSTRACT
+l4Smo
T-m P.003/007 F-m
-..
DEED
MAnE. t.he '30-thday of Sep~ambltlr, ~inG'teen hundred and.
ninety-o~e (1991),
BETWEEN 30HN M. EAKIN7 Exe~utor df the ~ast ~ill and
.Testamen~ of MARJORIE S. RAKESTRAW, lat~ of the Borougn of
New Cumberland, County of Cumb~~land and 5tab~ of
Pennsylvania, GRANTOR,.
AND BENJAMIN ~. TABOR7 3R. and JESSla L~ TABOR, his wife,
C3EiAN'TEES.
WHEREAS th~ said MAR30RIE S. RAKEStRAW at the time cf
li:lilili,lijlfl her death owned the hereoinaftE'r' dssl:ribeod ~eal estatli .;Ind by
~ ,rl"~J~ her.Last. Will and Te5t~m2nt clat&d January 24, 19S~ appain~~d
~ ....r :JOHN M~ EAKIN a'ii e~ecutor'; and
l!; :1';1
~~~....:~ WHER.EAS $Atd MARJORtE B. RAKESTRAW d~ed on the 19th day
Ot~,( .o:':;;7:;~ I;:
:c:[i\.\V~ af ,june" ~991 and the s:aid l.ast Wi1.l and 1'e~i:amen,," was duly
t-:-. .
~O lIt?': proba'e.d on thE! 2bt:h day of' June, 1991, being E!lt:ate No.
~~ \ ~
,j'1; I::" 21-91-453, Cumber1at"\d County ,Records; and
.~~ ~'~1~ WHEREAS in reliance en thlll authcrity contained in Sl;!t:..
LJ l~ l....,..._
~ t ~ ~ ! I} 3351 of the Flr-obata, ~,;;tZote~ and F"tduc:i.....y Ccdq the Exret=utor
intends to t:onvsy the hsreihafter d"scribed pre:mi."as' \;0 the
Sre,1"Itee'S.
NDW THIS INDENTURE W1TNESSETH that said Granto~ for and
'in consideration of the sum of Ninety-four' Thous~nd
l~~~,?OO.OO) Dol1ar~ to him in hand paid by the said
.. Grantees, tMs re~ei~l: of which is ner~bv a~knowledged, does
hereby g....ant and convey to the Gr~ntees, their hel....~ ~nd
assigns,
,OQWS il~' 615
'"
/I
IOOIIIiJT
.1&-2004 03:1&,m
From-PREMIER ABSTRACT
+243 mo
T-11I P.004/00T F-m
.'
A~L those two tal c~rtain ~ontiQuous tra~t~ of land
situ~te in t~e Borough of New Cumb@rland} CQunty Df
CumberlAnd and S~ata gf Pe~nsylvania, bounded and degcribed
oS fallQwG:
Tnl.l:t No.1
BEING l.Qt No. 12, Section "S". in the Plan c.f' Lot5'
known as W~5toye~ Barden~, said Plan being ~ecorded in the
Offl~e of the ReeQrd~r of Deeds of Cumberla~d CountY1
Pen~sylvani.8, 1\"'1 Plal'l Sook e, Page 8S, '5.,aid lot ,havi1)IiI"a,
frontage of bO feet on the East sidQ of Warr~n Street and
e~tenQing back with increasing width 115 T~et to ~Qt No. lb,
Seetion "~n; ~e~ng bounded on the Nod:h by l..ot NQ. 11..
Section "G", cnd on the E.aliit: by Lot No& 14. SeGtion "G"j Ci"n
tl'\1!!' South hy Lot'li No'li. 14 ;;).l"Ic:I 13, Sec:tiol'\ "G", and on tt\e
W~~t by W~rren Street.
HAVING tha,an er~et~d a,b~i~k and frame split level
dwelling known A$ 1603 War~en 5t~eet.
,agXNG the $am9 premissa ~hich ~ilb~rt E. Stremmel and~
Q
K~thrvn 9. Stremmel, his wife, by Deed d~ted JAnua~y ~Ol ~.
1~b7 and re~Drded in OS9Q Eook F, Volume ~21 Page e14,
~anY~yed he MarjQ~ie B. Rake~t~aw.
Tl"'~d:: No_ e
SEGINNING A~ a point on the We~te~n line gf M~no~
~ei9hts Avenos, an unopened s~reet shown 9n the h~rein~(tsr
mentioned Plan of Lots) $.io point b~ln9 at a distance of
Qns hundred' (100) feet measured jn a Ndrth~rly dirQ~cion
along the W~$tern line of Manor Hei9hts Avenue f~om ~he
~oli35 lACE GiG
....,
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(~OIf-ltl-Z004 03:1 Spm
From-PREMIER ABSTRACT
+143ll90
T-TTI P.OO!lOOT HIl
-"-----,'_.~ ..--' ,~- . ". - - -~
. Northern tin~ o~ Si~t~enth Street ~nd said poin~ being on
the divid~'ng lin'" between Lots Nos. 15 and lb, 'Sloc!.: 13, on
said Plan ~f Lo~sj ~hen~e along said dividing line ~nd tha
dividing line betw~sn lot:~ Nos. 1~.a~d 1~, Block 6 on said
plan, South 48 de9r~~s sa mInutes W@~t one hundred fiftee~
(11S1 f~et to ~ point on the divlding line between Lot5 NOG.
Ie and 16, Blo~k G on said ~lani thence alano said l&st
mentioned divi~ion line, North 4~ degree5 47 minJt~~ W~~t
sixty and sighty-four Qne-h~ndredeh5 <bO.B4} febt to a point
on the dividin; line betwe~n ~Dts Nos. 16 and 17. Block G crt
s.id Pl~nj thence along said taG~ mentioned divi9ing line
Nor~h 48 degrees 13 mi~u~es EA~t one ~undred f~ftQen (115)
'--
feat to the We~tern line of Manor Hsighbs AvenuQ; then~e
,along .the Western litle of K.1!.1'\or Height~ A.venlole, South 41
degree~ 47 minutss Eas~ sixty-one a~d 5ixtY-5ev~n"
c"e-hUndr€dth~ (b1.~7) feet ~o tha ~oin~ or plAC~ of
BEGINNING,
aElNG Lot No. Ib, Blo~k B on the Pl~n of Westov~r
Gardens, said Plan being ~ecorded in the Cumberland County
Recorder'~ Office in Plan Book 3, P~g~ ~O.
EE1NG th~ same premises whicn Dauphin"Deposit T~ust
CQ(Jlp~ny, by Deled 'dated July 84. lQ70. recorded in O~eod Book
i, Volume 23, Paga 41~, convsY2d to Marjori~ B. Rake~traw.
-'
The dbcve t~a~t$ are ~old aubje~c to easements,
resa~vation5 and restrictions of re~o~d.
TOGETHER w~th all and singular, the huildi~gs.
Improvem~nte7 right~; libertie_. privileges, heredicamen~s
6QoU.35 FICE 617
Nov-IS-Z004 03:17"
From-PReMIEI ABSTIAC7
+Z43!310
T-TTI FOOS/007 F-75Z
and appurte"ances whAt~oever thereunto b@longing. or in
anywise appertaining, and the reva~sion$ and remainder~,
rents, i~5ue5 and profits thereofj also ~he es~ateJ right,
title and interest whatsoever, OT the 5aid Grantor at and
immmdiatalY before the tim~ her decease, in law, equity or
otherwise howsoever, aT in, to or out of the same.
YO HAVE AND TO HOLD the said described messuage or
tenement and tract of tand, ~it~ i~~ he~ed~tame~tsJ and
premi~e~ hereby granted or mentioned, or intended so to bel
with the appurtenances, unto the said G~antse$J their heirs
~nd asSigns, to the only p~opRr use and behoof of the said
Grantaes, their heir5 and assigns, forever.
AND th~ ~aid Grantor does cQvanant, p~ami~e, ~r~nt and
agr~e@, to ~nd with the said G~antee~) their hei~$ ~~d
assigns, by these presents, th~t he has not heretofore done
or committeQ, or knowingly or willingly suffe~~d to be don~
or ~ommitted, any act, matter or ~hinQ ~hat5a~ver, wh~reby
the premises hereby granted, or dny part ths~ecf, is, are
shall or may be i~pea~hed, cha~ged or en~umbered, in title,
e~tate> or otherwise hOW5cever.
IN ~ITNE5S WHEREOF, the said Grantor has hereuntc s~t
his hand ~nd seal the day and year first abDve ~ribten.
M~rjorie B. Rakest~aw Escate
In the presence of:
E1iy:
9AJl~
-----..
Ili'OK 135 fAGE 616
J
../
$ 225,000.00
Promise To Pay. FOR VALUE llECEIVED, and intending to be legally
bound, Undersigned, as defined below, promises to pay to:
Mellon Bank. N.A.
('Bank") or its order at
HarrisburQ. Pennsylvania
the sum of
Two Hundred Twentv Five Thousand and
00/100
Dollars ($ 225 . 000. 00 1, or such lesser or
greater principal amount as may be outstanding from lime to time
uDder the line of credit ("Line of Credit') established hereunder by
Bank for the beoefit of Undersigned, witb interest on the outstanding
balance from Ibe date of Ibis Note and Line of Credit Agreement
("Note") at the rate(s) ("Contractual Rate(s)'} and in accordance
with the repayment schedule specified below.
Borrowing Motley. (pleaSe read carefully,) From tbe date bereof
to but not including 10/15/2004 (tbe 'Maturity Date"),
Undersigned may borrow IIlllllI'Y from Bank through the Line of
Credit, up to the amount shoWn above, 'by using Mellon Bank's .
Business Banking Telephone Hotline to access Undersigned's Line of
Credit and to transfer funds to Undersigned's designated Mellon
Checking Account.
Subject to rules and regulations established by Bank from time to
time, Undersigned may also borrow money from Bank by using such
other means, if. any, as Bank may provide for that purpose, Bank
reserves the right to change or eliminate, without notice, any means
by wbicb Undersigned may borrow tbrough the Line of Credit and to
establish new means by whicb Undersigned may borrow_
Undersigned may not use borrowinlJllto make payments due under
the Line of Credit or other indebtedness in favor of Bank.
Undersigned autborizes and directs Bank to deposit borrowinlJll from
Undersigned's Line of Credit into Mellon Checking Account Number
2640005449 . tilled in the liame(s) of
~n~OnF.J.lJ\NN"- WTRli! l'n'RP. .' . .
Undersigned understands and agrees that, If any person or entity IS .
authorized to sign on or otherwise use Undersigned's designated
Mellon Checking Account or any deposit, checking or credit account
linked with Undersigned's. designated Mellon Checking Account
through Bank-by-Phone or Business Bank-by-Phone, such person or
entity is also authorized to borrow money through the Line of Credit
by tbe Business Banking Telepbone Hotline. Undersigned further
understands and agrees that Undersigned must repay all amounts
borrowed by such person(s) or entity(ies} as though Undersigned had
borrowed such money, Undersigned understands that Bank, upon
Undersigned's written request, will exclude any of Undersigned's
Mellon Bank accounts from Bank-by-Phone or Business
Bank-by-Phone, and it is recommeoded that Undersigned make sucb
request if necessary for the protection and security of Undersigned's
accounts.
If Bank allows borrowings above tbe amount shown above, all the
terms of this Note will apply to tbose borrowings. By signing this
Note, Undersigned hereby requests Bank to permit the borrowing of
money through Undersigned's Line of Credit by the use of Mellon
Bank's Business Banking Telephone Hotline and agrees that such
borrowings may be effected by one person '
signature card, instructions or resolutio I!:JCHIBrt
provide for borrowings over two sign
arrangements, I A
Each borrowing will usually be processe
transfer instructions were given via the Busi
10/08/1999
Holline, and be available in the designated Mellon Cbecking Accour
on tbe first business day following the day that transfer instruelior
were given via the Business Banking Telephone HOIIine; bOweYe
Bank reserves the right to not make a borrowing IMliIable in th
designated Mellon Checking Account until a date after the businel
day following the day that transfer instructions wa-e given. Fe
example, if transfer instructions are given on Monday, the borrowin
will normally be available in Undersigned's desiJDllted Mello
Checking Acalunt on Thesday; however, Bank resenes the rightt
not make the borrowing available until Wednesday, or later_ (TIt
example assumes that Monday, Tuesday and WedQesday were a
business dayL Saturdays, Sundays, and any boIidays IX other days 0
wbich Bank is generally not open for business will not be c:oosidere
business dayL)
.
Undenigned agrees that Bank may, at its option, reGOrd te\epbon
calls made to effect a borrowing from the Line of CftdiL Bank wi
DOl be liable fur acting in good faith upon telepboac orders (
requests wbicb Bank believes in its. sole discretion 1IIeI'Cmade C
authorized by Undersigned. Bank will be entitled to IftSUme that a
telepbone callers who accurately ideollly Undersi8Ded's -Line e
Credit account number and the designated Mellon ~n8'Aa:olJC
number are authorized to conduct the transactions described in thj
Note, even if lbc designated Mellon Cbeeting Aa:ooInt and/Or an
borrowing aulborizalion or resolution provides for any ClCNered actio
to be made by more than one person acting togelbcr, or for olhe
special arrangements. Undeflligned agrees that Ibis NQle amends an
other ag.~t, instruction, resolution or aulllorizalion. e
Undersigned requiring more than one pefllOD to act .nth regard t
tbe Line of Credit or the designated Mellon Cbeeting AI:count or an
other account IinIted to eitber the Line of Credit or the designate
Mellon OIec:king AccounL Undersigned furlber agrees that Ibis Not
amends (and will be deemed to override) any SUCb agreemen
instruction, resolution or authorization made or given b
Undenigned in tbe future as such agreement, instrucdoo, resoIutio
or autborization would otherwise relate to Ibis NQle unless Ilu
agreement, instruction, resolution or authorization is received b
Bank and specilically indicates that it is intended to lDOdilY this Notl
All telephone instructions executed by Bank in good faith and i
accordance with the procedure described above will be binding upo
Undenigned. .
Notwithstanding any other provision of Ibis Note, Undenigned
ability to borrow money from Bank through tbe Line of Credit sha
nOl be effective until an authorized representative of BlInk has signe
this Note to evidence Bank's approval of the Line of CnldiL
Contractual RaIJo(s); Repayment Schedules.
D Interest at a rate per annum wbleb is ~
above Bank's Prime Rate, such rate to change from lime to lime I
of the effective date of each announced change in suc:b Prime Rab
shall be paid when principal payments are due. Principlll shall be pai
in CXIllSeCUtive monthly installments equal 10,1/ th t
the principal balance hereof outstanding on tbe Billing Oat
commencing on . and continuing thereafter on II
day of eacb month; provided, however, that eacb month
installment of principal will be no less than $100.00, and provide
further that tbe amount of the monthly installment of principal silt
never exceed the amount of principal actually oUlstamling. 'The enti!
balance of the indebtedness, if not sooner paid, sb8Il be due ar
payable on . (1be day of each month on wbi<
prin' 1 and/or' est shall be paid, as described abOve, is the "Dt
ate".
The Billin,g Date shall be 1wP;1vP /"1"'), ...I~__ L._~_
days before
o :-- Yilling Date shall be
the Due DateI:' _
ID ~ The principal balance hereof, together with all
a ed and unpaid interest, shall be paid on 10/15/2004,
and interest at a rate per annum wbich is O. 50% above Bank's
Prime Rate, such rate to change from time to time as of the
effective date of each announced change in such Prime Rate, shall
be paid 011 the 15TH day of eaclI month commencing on
11/15/1999
o The principal balance hereof, together with all
accrued and unpaid interest, shall be paid on .
and interest at a rate per annum wbich is % above the
CD Rate, such rate to change from time to time as of the effective
date of each change in or resetting of the CD Rate, shall be paid on
the day of each month commencing on
DIn no event sball the rate charged 00 this Note exceed the lesser of
% per annum or the bighest rate permitted by applicable
law..
Undersigned agrees lbat Bank may, at its option, renew or estend
the Une of Cl'edit by sending or delivering DOIice of SUch reoewal
or oonensiOII to Undersigned. Such DOIice shaH set forth a IICW
Maturity Date for the Line of Cl1:dit and any other changes to the
terms and conditions of the Line of CrediL Except as specified in
such notice, all terms, conditions and ptOYisions of this Note shall
remain unchanged. Undersigned furtber agrees that Undersigned
will be deemed to bave accepted such renewaJ or extension if
Undersigned (a) borrows money under the Line of a-edit after the
Maturity Date that was in effect prior to such renewal or extension,
(b) makes any payments due under the Line of Credit after the
Maturity Date that was in effect prior to such relJCWlll or extension
(other than payment in fun of aU indebtedDess due under. the Line
of a-edil), or (c) otherwise faiIo to notify Bank in writing lbat
Undersigned declines or rejects sucl> renewal or P7f.....i<lo within
thirty (30) dayo after Bank sends or de\iverS DOIice of renewaJ or
extension.
Undersigned shall pay Bank COIlCU=tly with the ClleCUtiol) and
delivery hereof, or Undersigned previously bas paid Bank, an
origination fee of $ 125. DO, which includes the first
years annual servicing fee for the Line of Credit and a fee to
compensate Bank for its underwriting. origination and
administration of the Line of Credit. The origination fee shan be
deemed fully earned by Bank on tbe date hereof. In addition,
Undersigned will pay Bank an annual servicing fee of
$ 100 . 00 . payable in advance, on or after each
anniversary of the date hereof, to compensate Bank for its servicing
and administration of the Line of a-ediL The fees described in this
paragrapb shall not be refunded and are in addition to any other
fees, costs or expenses which may be due and payable bereunder.
Unless Undersigned bas authorized Bank to take payments out of
a Mellon Checking Account, as set fortb below, Undersigned will
mail or deliver to Bank the amount billed by Bank each month.
Undersigned will mail or deliver tbe payments so that Bank
~r ,/ ents no later than tbe due dates sbown on tbe bills.
I3i ...... Undersigned authorizes Bank to take all
.~ ents 0 principal and/or interest and/or otber amounts due
under this Note out of Undersigned's MeHan Checking Account
Number 2640005449. titled in tbe name(s) of
SUSQUEHANNA WIRE CORP.
on or after the due date each month. Undersigned will keep a
sufficient balance in this account to cover tbe full amounts of all
required payments. At its option, Bank may terminate
Undersigned's ability to use tbis service, This autborization sball
remain in effect until revoked by Undersigned in writing or until
tbe Line of Credit is paid in full and terminated or until Bank has
terminated Undersigned's ability to use this service, as the case may
be. Prior to. maturity, while this authorization is in effect and Provido
tbat UndersIgned keeps a sufficient balance in this account to COYer U
full amounts of all required payments, the COntractual Rate(s) shall I
reduced by 0,25% per annum. This authorization will be effect;"" eve
though tbis Note and the aa:ount may he titled in different versions I
Undersigned's name.
If the original principal amount of this Note shown above is in excess (
$10,000,00, or if Undersigned is a corporation, interest sbaII t
calculated on the basis of a 36lkIay year and actual days elaJll!Cd If th
original principal amount of this Note shown above is $10,000.00, (
less, and Undersigned is DOl a corporation, interest shall be cak:ulate
on the basis of a 365-day year or 366-day year, as the case may be, an
actual days elaJll!Cd
"Prime Rate" shan mean the interest rate per annum annoullCed froIl
time to time by Bank as its Prime Rate. 1be PIime Rate may b
greater or less than other interest rates charged by Bank to Otbe
borrowen and is not solely based or dependent upon the interest rat'
which Bank may charge any particular borrower or class ofbo.l~..oers..
If a single certificate of deposit is held by Bank as ooIlaleral security fo
the indebtedness eWIenced by tbis Note, as more fully described in tll<
Assil'fmenl of Depooit A<:alunt eq>resaly referring to this Note, ocr.
Rate shan mean the interest rate paid by Bank on such "",liflCalC 0
deposit (the "Certificate"), said CD Rate to he reset by Bank at eae!
renewal of the Certificate. If more than one certificate of deposit.is bek
by Bank as collateral security for the indebtedness evideoc:ed by tbil
Note, as more fully described in the Assignmenl(s) of Deposit ""JlICSSIJ
referring to tbis Note, "CD Rate" shaD mean the highest of the interesl
rates paid by Bank on such certiIicates of deposit (the "Certificates")
said CD Rate to be reset: at each renewal of each Certificate. '
La~ Charr!". If any payment (~ than the final payment) is not
paid WIthin 15 calendar days after it IS due, Undersigned win pay a late
charge of the greater of $25.00, or three percent (3%) of the unpaid
portion of the scheduled payment due (regardless of wbether the
payment due consists of prioc:ipal and interest, principal only or interest
only), If the final payment is not paid within 15 calendar days after it is
due, Undersigned will pay a late charge of the greater of $25.00. or
three percent (3%) of an amount equal to the unpaid portion of a
hypotbetical payment calculated in aocordance with the repa)'lllent
schedule described above as though sucl> payment were DOl the final
payment (regardless of whether tbe Iina1 payment consists of principal
and interest, principal only or interest only). Such late charge shaD he in
, addition to any increase made to the Contractual Rate(s) applicable to
the outstandmg balance hereof as a result of maturity of tbis Note or
otherwise, as wen as in addition to any otber applicable fees, charges
and costs,
Default Rate(s); Pos~Maturlty Ral9(s), Upon the occurrence of any
Event of Defauh (as defined in tbis Note), at Bank's option, interest
shall accrue at a rate equal to two percent (2%) per annum above tbe
Contractual Rate(s) until lbe earlier of the date that such Event of
Defautt bas been cured or until and including tbe date of maturity
bereof.
After maturity, whether by acceleration or otberwise, interest shall
. accrue at a rate two percenl (2%) per annum above tbe Contractual
Rate(s) until aUsurns due hereunder are paid Interest shall continue to
accrue after the entry of judgment (by confession or otherwise) at tbe
Contractual Rate(s) until all sums due hereunder and/or under tbe
judgmeot are paid, except that after maturity or, at Bank's option,
upon tbe occurren<:e of any Event of Default, interest shall accrue at a
rate equal to two percent (2%) per annum above the Contractual
Rate(s).
Books and Records; Time of Essence. So long as Bank is the holder
hereof, Bank's books and records shall be presumed, excepl in tbe case
of mamfest error ~ to accurately evidence at all times all amounts
outstanding under this Note and the date and amount of each advance
and payment made pursuant hereto,
..
The prompt and faithful performance of all of mipersigned's
obligations hereunder, including without limitation time of payment,
is of the essence of this Note. '
Security Interest, Setoff and Assignments. To secure aU amounts at
any time owing or payable under this Note and Undersigned's
obligations hereunder, as well as to secure all costs and expenses
incurred by Bank. in the collection or enforcement of this Note or the
protection of any collateral securing this Note (including without
limitation all advances made by Bank for taxes, levies, insurance,
filing fees, and repairs to or maintenance of said' collateral),
Undersigned hereby grants to Bank a security interest in, lien upon,
and right of setoff against,. all deposit accounts, credits, securities,
moneys, or other property of Undersigned which may,at any time be
in the possession of, delivered to, 01' owed by Bank, including any
proceeds 01' returned 01' unearned premiums of insurance, and the
proceeds of an the foregoing properly. Other property, real or
personal, may secure this Note, as set forth in otber documenta and
agreements.
Undersigned acknowledges and agrees that Undersigned shall renew,
or cause 10 be renewed, the Certificate{s), if any, until the
indebtedness evidenced by this Note bas been paid in fuD.
Undersigned further agrees that Undersigned will execute, or will
cause to be executed, upon demand by Bank any financing
statements 01' other documents, including, without limitation,
additional Assignments of Deposit Account, which Bank may deem
necessary or desirable to evidence, perfect 01' maintain perfection of
the security interests created in the Certificate(s) and any renewals,
replacements and substitutions thereof.
Additional Terms and Conditions
1. Covenants, Undersigned COYelllU1ts and agrees that until aD
indebtedness evidenced hereby bas been paid in full and until .
Undersigned's ability to borrow hereunder bas terminated,
Undersigned shall: (a) maintain at all times a positive tangible net
worth: (b) (I) ha.e all Environmental Permits necessary for the
conduct of each of Undersigned's businesses and operations, (2)
conduct each of Undersigned's businesses and operations in material
compliance with aD applicable Environmental Laws and
Environmental Permits, (3) not permit to exist any event or coodition
that requires 01' is likely to require Undersigned under any
Environmental Law to pay or expend funds by way of fines,
judgments, damages, cleanup, remediation or the like in an aggregate
amount, the payment of which could reasonably be expected to
interfere substantially with normal operations of Undersigned 01'
materially adversely affect the financial condition of Undersigned, (4)
notifY Bank promptly upon becoming aware of any pending 01'
threatened proceeding, suit, investigation, aDegation 01' inquiry
regarding any alleged event or condition that, if resolved unfavorably
to Undersigned or any of Undersigned's subsidiaries or affiliates, is
likely to cause Undersigned or any of its subsidiaries or afliliates
under any Environmental Law to pay or expend funds by way of
fines, judgments, damages, cleaning, remediation or tbe like, and (5)
provide at Undersigned's cost, upon request by Bank, certifications,
documentation, copies of pleadings and otber information regarding
the above, all in form and content satisfactory to Bank; (c) conduct
each of Undersigned's businesses and operations in material
compliance with aU federal, state or local laws, statutes, regulations,
rules, ordinances, court or administrative orders or decrees, or
private agreements or interpretations, now or hereafter in existence,
directly or indirectly relating to or affecting Undersigned's businesses
or operations; (d) use the proceeds of the Line of Credit evidenced
hereby only for business purpose(s) specified 10 Bank at or prior to
the execution hereof; (e) promptly notifY Bank in writing of any
change in Undersigned's residence or Chief Executive Office: (f)
purchase and maintain policies of insurance (including flood
insurance) to prolecl against such risks and casualties, Bod.in sucb
amounts, as shall be required by Bank and/or applicable law, which
policies shall (1) be in form and substance satisfactory to Bank, (2) at
Bank'. option, designate Bank as loss payee and/or as additiOnal in
and/or contain a lender's loss payable endorsement, and (3) I
certificates evidencing same shaD be) deposited with Baok; (-
maihtain and. keep proper records and books of aemunt in ~
with generally accepted aemunting principles applied on a COD;
basis in which tuB, true and correct entries shaJI be made
Undersigned's dealings and business affairs, (2) provide to B.
Undersigned's cost, upon Bank's request, financjaJ or other inform
documentation or certifications (incIuclng without limitation aDDU
periodic balance sheets and inconJo: statementa, personal fiIl
state~e~ts, federal in<:on;1e tax ~unII, inventory reports [melue
descnpttoD of raw materials, finished JOOds and the agins thee<
applicable), and ~nts receivable -' payable aging reports),
form and content satisfactOty 10 Bant. and (3) permit, upon requ
Bank, any of the officers, employees w representatives of Bank t
and inspect any of Undersigned's propertiea and locaOOtls 81
examine its books and reoords and discuss the affairs, finance
accounts of Undersigned with repr,s ~tives thereof, as oIleu as
may request; (h) provide additional CIIlIlateraI at such times and I
such value ~ Bank may request, if B.nk shaD have reasonable ll"
~ believing that ,the value of the C<alteral securing the iodebtc
evidenced by this Note bas bee:<-.. insufficient to secure
indebtedness; (i) pay, upon demand by Bank, (1) an CXlllt8 lUK
pertaining to the liling of any finandng, contiouation or termiJ
statements, mortgages, satis1ilction picaes, judgments and any otbe
of document wbicb Bank deems ne. ry or desirable 10 be file<
regard to security interests which -.re tbe indebtedness evid
hereby, regardless of Whether such IIOCurity interests were grant
Undersigned, and (2) aU costs and expenses incurred by Ba
~~ion with any collateral secuBIg this Note (including wi
IImllBtJon ~U advances ~ by Bank ... taxes, levies, insurance, r'
to 01' mamtenance of said collateral. appraisal or valuation 01
coIJateral, and determination of flood bazanI), regardless of wt
such collateral is owned by UndersigJllld; and 0) pay, upon deJna
Bank, an amounts incurred by Bank in connection with 8Dy acti
proceeding taken or commenced by B.nk to enforce or co\Iect this
including attorney's fees equal 10 1be lesser of (1) 20% 0
outstanding principal balance and intereat then due bereund<
$500,00, whichever is greater, 01' (2) u.: maximum amount permit!
law, plus attorney's costs and aD costa oflegal proceedings.
2. Events 01 Default. The occurrence of any of the following
constitute an "Event of Default" """'-onder: (a) default in payol<
performance of any of the indebtednea or obligations evidenced t
Note or any other ~ence of liabi1il:J' of Undersigned 10 Bank; (I
breach by any Obligor (defined as Undersigned and each sur.
guarantor or any of Undersigned's liabilities 10 Bank as weD a
person or entity granting Bank a security ioterest in property to s
any indebtedness evidenced hereby) of any covenant contained i
Note or in any separate security, guarantee or suretyship agfe<
between Bank and any Obligor, the oa:urrence of any default herel
or under the terms of any such agreement, or the discovery by B.
any false or. misleading representation made by any Obligor herein
any such agreement or in any other ioformation submitted to Ba
any Obli~or; (c) with respect to any Oblig'or: (1) death or incapa(
any IOdi,?dual or general J?"rlner, or (2) dissolution of any partnersJ
corporation; (d) any assIgnment for the benefit of creditors b
Obligor; (e?, insolve~ of any Obligor; (f) the filing or commene<
of any petittoD, actiOn, case or proceeding, voluntary or involu
under any, stale o~ fed~ra1 law rqarding bankruptcy, ioso~
reorgaOlZ8t1On, receIVershIp or dis8<*1tion, inclUding the BankJ
Reform Act of 1978, as amended, by or against any Obligor; (g) d
under the terms of any lease of or mongage on the premises wher
or personal property securing the indebtedness evidenced by this j<,
located; (h) the garnIShment, tax assasment, attachment or taki
g",:,ernmental aut~ority or o~her credilnr of any property of any 0
which IS 10 Bank s possession or which constitutes security fo
mdebtedness CVldenced hereby; (i) entry of judgment agains
Obligor in any court of record; 0) the assessment against any Oblil
Ihe Inlernal Revenue Service or any other federal, state or local taxi
authority of unpaid taxes, or the issuance of a levy or the
entering of a lien in connection tberewith; (k) change in control
of nr transfer of any interest in any Obligor (other than an
Obligor wbo is an individual); (I) a determination by Bank,
whicb determination shall be conclusive if made in good faitb,
that a material adverse cbange bas occurred in tbe linancial or
business condition of any Obligor; (m) the maturity of any life
insurance policy beld as collateral for the indebtedness
evidenced by this Note by reason of the deatb of the insured or
otherwise; (n) the revocation, termination, cancellation, denial
of liability, or the attempt of any of the foregoing, by any
Obligor of any obligation or liability whatsoever of tbe Obligor
to Bank, including without limitation any security, guarantee or
suretyship agreement; or (0) default by Undersigoed in the
payment of any indebtedness of Undersigned or in the
performance of any of Undersigned's obligations (other than
indebtedness or obligations evidenced by this Note or any other
evidence of liability of Undersigned to Bank) and such default
shall continue for more than any applicable grace period.
3. Acceleration; Remedies. Upon the occurrence of any Event of
Default: (a) at its option, Bank may immediately and without
notice temporarily stop allowing tbe borrowing of money, or
close Undersigned's line of Credit and permanently stop
allowing tbe borrowing of money; (b) all amounts due under
this Note, including the unpaid balance of principal and interest
hereof, shall become immediately due and payable at tbe option
of Bank, without any demand or notice whatsoever; and (c)
Bank may immediately and without demand exercise any of its
rights and remedies granted herein, under applicable law, or
which it may otherwise have, against Undersigned or otberwise.
Notwithstanding any provision to the contnuy contained berein,
upon the occurrence of an Event of Default as described in
Section 2(f) bereof, all amounts due under tbis Note, including
without limitation the unpaid balance of principal and interest
hereof, shall become immediately due and payable, witbout any
demaod, notice or further action by Bank whatsoever, and an
action therefor shall immediately accrue.
4. BanKs Rights. Undersigned bereby autborizes Bank, and
Bank shall have tbe continuing right, at its sole option, and
discretion, to: (a) du anytbing whicb Undersigned is required
but faiJs to do, and in particular Bank may, if Undersigned fails
to do so, obtain and pay any premiums payable on any policy of
insurance required to be obtained or maintained hereunder; (b)
direct any insurer to lI13ke payment of any insurance proceeds,
including any returned or unearned premiums, directly to Bank,
and apply such moneys to any indebtedness or otber amount
evidenced bereby in sueb order or fasbion as Bank may elect;
(c) pay tbe proceeds of the Line of Credit evidenced by tbis
Note to any or all of tbe Undersigoed individually or jointly, or
to such otber person(s) as any of the Undersigned may direct;
and (d) add any amounts paid or incurred by Bank under
SectiOll l(i), Section 1(j) or Section 4(a) to tbe principal
amount of tbe indebtedness evidenced by tbis Note,
5. Authorization 10 Bon-ow. Undersigned bereby represents,
warrants, certifies and coYeD3Dts as follows:
(a) If Undersigned is a corporation, tbat the person(s) signing
helow bold(s) the office(s) indicated helow (and continue to
bold sucb officc(s) until Bank bas received notice to tbe
contrary in writing from Undersigned), and tbat tbe Board of
Directors of Undersigned bas adopted resolutions providing
tbat: (1) tbe person(s) executing and delivering tbis Note 011
behalf of Undersigned is/are autborized (i) to incur
indebtedness and obligations on hebalf of Undersigned by
borrowing or making other linancial arrangements with Bank
from time to time, upon terms and conditions as they in their
sole discretion deem desirable, (ii) to mak.e, execute and deliver
promissory notes, letter of credit agreements, security
agreements, assignments, mortgages and all other documents
required by Bank in connection with the incurring of indebtedness or
obligations, and (iii) to assign and pledge as collateral security for any
such indebtedness or obligations, now or hereafter existing, any real
or personal property of Undersigned; (2) the actioos of any one or
more officers of Undersigned in borrowing money from Bank
beretofore for the account of Undersigned, in assi&ning or pledging
any of Undersigned's property for the payment thereof, or in doing
any other act in connection therewitb are bereby ratified, conlirmed
and approved; and (3) said resolutions shall haw: the force of a
continuing agreement with Bank, and shall be binding upon
Undersigned until a resolution amending tbem sbaR have been duly
and legally adopted and Bank furnished a certified copy thereof,
(b) If Undersigned is a partnersbip, tbat (1) Undersigned's name
shown heIow is a trade name of Undersigned's firm used in the
conduct of an unincorporated business owned entirdy by the persons
signing this Note 011 hehalf of said partnership; (2) tbe partners
executing and delivering this Note are autborizl:d (i) to incur
indebtedness and--obIigations 011 behalf of Undersigned by borrowing
from or making other financing or credit accommodations with Bank
from time to time, upon such terms and conditionl as they in their
sole disttctioa deem desirable, (ii) to make, exeaotc, and deliver
promissory DOtes, letter of credit agreements, seawity agreements,
assignments, mortgages and all other documents reqoaired by Bank in
connectioo with the incurring of indebtedness or obIiiptions, and (iii)
to assign and pledge as collateral security for any sudI indebtedness or
obligations, now or hereafter eodsting, any real or peaonal property of
Undersigned; (3) the actions of any one or more partners of
Undersigned in borrowing money from Bank hen:tofore for tbe
acrount of Undersigned, in assigning or J*>dging any of
Undersigned's property for the payment thereof, or in doing any
other act in connectiOll therewith arc hereby ratified" confirmed, and
approved; (4) notwithstanding any modification or _tion of the .
power of any of the partners to reprcse.nt said linn, wbetber by
expiratioa of the partocrsbip agreement, by death or retirement of '
any partner, or the accession of one or more _ partners, or,
otherwise, and notwithstanding any other notice tbaeof Bank may
receive, this authority shall continue to be binding 1IlpOIl each of tbe
Undersigned individually and upon their death or n:ticement of any
partner, or the accession of one or more new partnas, or otherwise,
and .notwitbstanding any other notice thereof Bank may receive, tbis
authority sbaII continue to be binding upon each oflbe Undersigned
individually and upon their legal represcntatiw:s, and upon
Undersigned and its su=ssors, until Bank bas nx:eived notice in
writing to the contrary signed by one of the UDdersigned or by
Undersigned's duly authorized agent (Receipt of sucll notice will not
relieve any partner of any liability arising from oh5ptions incurred
prior to Bank's receipt of such notice.), and (5) noIIaing herein shall
he construed to limit the rights granted to a partner by law or by tbe
partnership agreement, but all rights granted heIlein shall be in
addition to such rights.
6. De"nitions; Miscellaneous Provisions,(a) Undersigned waives (except
wb~re requested bereby) notice of action taken by Bank; and bereby
ratifies and conlirms whatever Bank may do. Bank ....n be entitled to
exercise any right notwitbstanding any prior exen::ise, failure to
exercise or delay in exercising any sueb right. (b) BaS sball retain the
lien of any judgment entered on account of die indebtedness
evidenced bereby. Undersigned warrants that Unda'signed bas no
defense whatsoever to any action or proceeding thaI: may he brought
to enforce or realize 011 any sueb judgment.. (c) lfanyprovision bereof
sball for any reason he beld invalid or unenfomcable no otber
provisiOll sball he affected tbereby, and tbis Note shall be d,nstrued as
if tbe invalid or unenforceable provision bad never llecn a part of it,
The descriptive beadin~ of tbis Note are for CODYCDicnce 0II1y and
shall not in any way affect the meaninll or CODIIIl'uction of any
provision bereof. (d) The rights and privileges of Bank contained in
tbis Note sball inure to the benelit of its successors 2nd assigns, and
tbe duties of Undersigned shall bind all BIleirs, personal
representatIVeS, successors and assigns. (e) This Mote shall in all
respects he governed by tbe laws of tbe slate in wIIlIich this Note is
payable (except to tbe extent that federal law governs)). (f)
..
.
Undersigned hereby irrevocably appoints Bank and each holder
hereof as Undersigned's attorney-in-faet to endorse
Undersigned's name to any draft or check which may be payable
to Undersigned in order to collect the proceeds of any insurance
or any returned or unearned premiums in respect of any policies
of insurance required to be maintained hereunder. Undersigned
hereby acknowledges that this appointment of Bank and each
holder hereof as attorney-in-fact is irrevocable and is coupled
with an interest. (g) Undersigned assigns to Bank all moneys
which may becOme payable on any poliey of insurance required
to be maintained under this Note, including any returned or
unearned premiums. (h) "Environmental Law" means any
federal, state or local eoviroomentallaw, statute, regulation, rule,
ordinance, court or administrative order. or decree, or private
agreement or interpretation, now or hereafter io existence,
relating to the manufacture, distribution, labeling, use, handling,
collection, storage, treatment, disposal or otherwise of
Hazardous Substances, or in any way relating to pollution or
protection of the environment or public health- (i)
"Environmental Permit" means any federal, state or k>cal permit,
license or authorization issued under or in connection with any
Environmental Law. (j) "Hazardous Substances" means
petroleum and petroleum products, radioactive materials,
asbestos, radon, lead containing materials, sewage or any
materials or substances defined as or included in the definition of
"hazardous wastes, It "hazardous substances," '11azardous
materials," "toxic substances," "hazardous air pollutants," "toxic?
pollutants," "pollution," or terms of similar meaning, as those
terms are used in any Environmental Law. (k) "Chief Executive
Office" means the place from which ttle main part of the business
operations of an entity is managed. (I) "Undersigned" refers
individually and collectively to all makers of this Note, including,
in the case of any partnership, all general partners of such
partnership individually and collectively, whether or not such
partners sign below. Undersigned shall each he jointly and
severally hound by the terms hereof, and, with respect to any
partnership executing this Note, each general partner shall be
bound hereby both in such general partner's individual and
partnership capacities.
7. Affidavit of Business Loan. (Ibis Affidavit is not applicable if
Undersigned is a corporation.) Undersigned; heing duly
authorized, depose(s) and say(s) under penalty of perjury that
Undersigned:
(a) WAre engaged in business asD Owner(s), 0 General
Partner(s) of: (name and nature of business)
(b) Hereby make(s) application to Bank for a loan, the proa:eds
of which will be utilized for the purpose(s) of
(c) Exercise(s) actual control over the managerial decisions of
the business.
(Remainder of page intentionally left blank)
8. Confession of Judgment, UNDERSIGNED HEREBY
EMPOWERS TIIE PROrnONOTARY OR ANY
ATIORNEY OF ANY COURT OF RECORD TO APPEAR
FOR UNDERSIGNED AND TO CONFESS JUDGMENT.
AS OFfEN AS NECESSARY AGAINST UNDERSIGNED
IN FAVOR OF TIIE HOLDER HEREOF, REGARDLESS
OF WHETIIER ANY EVENT OF DEFAULT HAS
OCCURRED, AT ANY TIME AND AS OF ANY TERM,
FOR TIIE OUTSTANDING PRINCIPAL BALANCE
HEREOF PLUS INTEREST DUE UNDER 1HE TERMS
.
HEREOF AND All OTIIER AMOUNTS DUE
HEREUNDER, TOGETIIER wrrn COSTS OF LEGAL
PROCEEDINGS AND AN ATIORNEY'S COMMISSION
EQUAL TO 1HE LESSER OF (A) 20% OF TIm
OUTSTANDING PRINCIPAL BALANCE AND
INTEREST TIffiN DUE HEREUNDER OR $500.00,
WHICHEVER IS GREATER, OR (B) 1HE MAXIMUM
AMOUNT PERMITfED BY LAW, wrrn RELEASE OF
ALL ERRORS. UNDERSIGNED WAIVES ALL LAWS
EXEMPTING REAL OR PERSONAL PROPERTY
FROM EXECUTION.
By signing this Note, Undersigned agrees to all terms of this Note and swears, under penalty ofpetjury (as set forth in
18 Pa.C.S.~ 4904, if governed by Pennsylvania law), to the Affidavit of Business Loan (if compJeted) set forth In Section
7 of this Note.
Witness the dueeorecution hereof u
Address:
1603 WARREN STREET
NEW CUMBERLAND, PA.
(Corporate Seal)
x
Seal)
By: (Signature/Title)
x
(Seal)
By: (Signature/Title)
x
(Seal)
Mellon Bank, N.A
Mellon Bank (DE) National Association
CL-4626 Rev,(11I98) LC 11198 ill 11198
0275 B 25-1688633 1 014626 (01)
100799,1120
Authorized Bank Sipahlre to EvideDCe Bank's Approyal of the LiAc of Credit
Mellon Bank. N.A.
By: (Signature and 'TItle)
x
Office Address:
Page 6 of6
With Power to Confess Judgment
1. To induce
Mellon Bank. N.A.
("Bank') to transact business and to make credit
accommodations with
SUSOUEHANNA WIRE CORP .
('Debtor') Undersigned, as defined below, does hereby
guarantee,' absolutely and unconditionally, and does hereby
become surety for the tun and timely payment of the
principal of, and intereSt on, all obligations, debts, dues,
mstruments, liabilities, advances, judgments, damages,
losses, claims, contracts, and choses m action, of whatever
nature and however arising. past, present or future, and any
and all extensions and renewals thereof in whole or in part,
whether direct or indirect. absolute or contingent, voluntaIy
or involuntaIy, now due or to become due, and whether
owed to Bank from Debtor as drawer, maker, endorser,
assignor guarantor, sure.t1, or otherwise whatsoever
("Obligations'), e:rcept this Guaranty and Sur~tys!llp
Agreement ("Agreement') shall not extend to any obhgauon
of Debtor which is dp.fined as .consumer credit. by Federal
Reserve Board Regulation Z. 12 C.F.R. ~ 226.1 et seq., and
is not exempted from the ~:;ation of that Regulation.
Undersignecf will reimbune or any sUbsecJuent holder
hereof for aU expenses incurred, and not relDlbursed by
Debtor, in collection of any Obligations. If this Agreement is
referred for collection to an attorney, Undersigned will pay
an attorney's fee equal to the lesser of (a) 20% of the amount
due or SSoo, whichever is greater, or (b) the maximum
amount permitted by law, and costs of legal proceedings. The
Undersigned's Obligations hereunder shall be payable at
Bank's offices at
Harrisburq, Pennsylvania
2. This is a guaranty of payment and not merely of collection.
In the event of any default by Debtor in payment or
otherwise on any Obligations, Undersigned .will pay all or
any portion of Obligations due or thereafter becommll due,
whetl1er by acceleration or otherwise, without defalcauon or
offset of any kind, without Bank first being required to make
demand upon Debtor or pursue any of its. rights against
Debtor, or against any other person, including other
guarantors; and without being required to liquidate or
realize on any collateral security. In any right of action
accruinll to Bank, Bank may elect to proceed against (a)
Underslllned together with Debtor; (b) Undersigned and
Debtor mdividually; or (c) Undersigned only without having
first commenced any action against Debtor.
3. Undersigned hereby grants to Bank a security interest in,
lien upon, and right of setoff against, all deposit accounts,
credits, securities, moneys or other personal property of
Undersigned which may at any time be in lhe possession of,
delivered to or owed by Bank, including any proceeds or
returned or unearned premiums of insurance, and the
proceeds of all the foregomg property.
4. Bank, without notice to Undersigned,
Obligations and any collateral security th
manner as Bank may deem advisable and
extend Obligations or any part thereof; ma
payment, or settle, release, or compromise the
demand additional collateral security for ObliptiOIlS, and
substitute or release the same; and may colllp'romise or
settle with or release and discharge from liability any of
Undersigned or any other guarantor of Obligations, or any
other person liable to Bank for all or part of the
Obligauons; all without impairing the liability of
Undersigned hereunder.
5. Undersigned hereby unconditional1y waives: (a) notice
of acceptance of this Agreement by Bank and auy no1ic:e of
the incurring by Debtor . of any Obli.tio.=..,,~
preseatment for payment, notiCe of nonpaymeat,
protest, notice of protest and notice of dishol1Ol' or default
to any party including Undersigned; (c) all otbel' notices to
which Undersigned may be entitled but whicb may Iegail)'
be waived; (d) demand for payment as . ClOndltion of
liability under this Agreement; (e) any disabiJily of Debtor
or defense available to Debtor, including ablenl:e or
cessation of Debtor's liability for any reason wbatsoe\'er;
(f) any defense or circumstance which miglll otherwise
constitute a legal or equitable discharge of a panntor or
surety; (g) aU rights under any state or fecleral statute
dealin& WIth or affectinlt the rights of creditors; aJ1d(h)
until Obligations are pai4 in full.. I any right to subrogatiOn
or realization on any of Debtor's pro~. Including
participation in the marshalling of Debtor's __ .
6.. This Guaranty and Suretyship Agreement. and
Undersigned's payment obligations hereuuder shall
continue to be effective or be reinstated, as tile case may
be, if at any time payment of any of Obligations is
rescinded or must otherwise be restored or returned by
Bank, . all. as though such payment had not been made..
Bank's good faith determination as to whethea' a payment
must be restored or returned shall be binding on
Undersigned.
7. Until Obligations are paid in full, Undersiped hereby
unconditionally subordinates to Obligations all present
and future debts, liabilities, or obligations 01 Debtor to
Undersigned, and all amounts due under such debts,
liabilities, or obligations shall be collected llIIdpaid over
to Bank on account of Obligations. UndelSlgned, at
Bank's request, shall execute a subordination -creement in
favor of Bank to further evidence and support lhe purpose
oHhis Paragraph 7.
8. Undersigned warrants to Bank: (a) no othCl',agreement,
representation or special condition exists between
Undersigned and Bank regarding the liability of
Undersigned hereunder; nor does any understanding exist
between Undersigned and Bank that the Obligations of
Undersigned hereunder are or will be other than as set out
herein; and (b) as of the date hereof Undersi&ned has no
defense whatsoever to any action or proceeding that may
be brought to enforce this Agreement
9. Undersigned will provide financial information to Bank
upon request, including balance sheets and income
tatements, in form and content satisfactory to BanIc.
o titilure or delay on the part of Bank in exercising
-ght, power or privilege her~der shall operate as a
r thereof; nor shall any single or partiall:1rercise of
~
Page lof2
'-
any right, pmyer or privilege hereunder preclude any other or
further exercise thereof, or the exercise of any other right,
power or privilege. Failure by Bank to insist upon strict
performance hereof shall not constitute a relinquishment of
Its right to demand strict performance at another time.
Receipt by Bank of any payment by any person on Obligations,
with knowledge of a default on any of Obligations or of a
breach of this Agreement, or both, shall not be construed as a
waiver of the default or breach.
11. TIllS AGREEMENT IS A CONTINUING GUARANTY
AND SHALL coNTINUE IN FORCE UNTIL RECEIPT
BY BANK OF WRITTEN NOTICE OF REVOCATION BY
UNDERSIGNED OR RECEIPT OF NOTICE OF
UNDERSIGNED'S DEA1H; AND IN EITHER OF SUCH
EVENTS TIllS AGREEMENT SHAll. CONTINUE IN
EFFECf NEVERTHEl F~ UNTIL ALL EXISTING
OBLIGATIONS OF DEBTOR TO BANK ARE PAID; IT
BEING CONTEMPLATED 'IHAT DEBTOR MAY
CREATE OR INCUR OBLIGATIONS, REPAY AND
SUBSEQUENTI.Y CREATE OR INCUR OBLIGATIONS
WITI:IOUT NOTICE TO UNDERSIGNED; AND
UNDERSIGNED, BY PERMITTING TIllS AGREEMENT
TO REMAIN IN EFFECf, SHAll. BE BOUND.
12. This Agreesnent is freely assignable and transferable by
Bank; however, the duties and obligations ofUndeJSigned may
not be delegated or traIlSferred by Undersigned without the
written consent of Bank.. The rights and privile~ of Bank
shall inure to the benefit of its successors and asslgns, and the
duties and obligations of Undersigned shall bind
UndeJSigned's heirs, personal representatives, successors and
assigns.
.. "" p""",,,~- ... '" .. ~ '" ....
invalid or unenforceable, no other provision shall be
affected thereby, and this Agreement sball be construed as if
the invalid or unenforceable provision had never been a part
of it.
14. As used herein, "Undersigned" refers individually and
collectively to all signers of this Agreement, including in the
case of any partnership all general partners of such
panneJShip individually and 'collectively, whether or not
such panners sign below. Undersigned shall each be jointly
and severally bound by the terms bereof, and each general
panner of any partnership executing this Agreement shall be
bound hereby ooth in such general partner's individual and
partnership capacities..
15. This Agreement shall in all respects be governed by the
laws of the state where Undersigned's Obligations
hereunder are payable as set forth herein..
16. UNDERSIGNED HEREBY EMPOWERS THE
PROTHONOTARY OR ANY AlTORNEY OJ' ANY COUllT
OF RECORD TO APPEAR FOR UNDERSIGNED AND TO
CONFESS JUDGMENT AS OFI'EN AS NECESSARY
AGAINST UNDERSIGNED IN FAVOR OF THE HOLDER
HEREOF, AS OF ANY TERM, FOR THE ABOVE
DESCRIBED OBLIGATIONS PWS INTERFST DUE,
TOGKJHKK WITH COSTS OJ' SUIT AND AN
ATI'ORNEY'S COMMISSION EQUAL TO THE LESSER
OF (A) 20% OF AIL SUCH OBLIGATIONS OR $54lO,
WHICHEVER IS GREATER, OR (B) THE MAXIMUM
'AMOUNT PERMITTED BYLAW, WITH RELEASE OF
ALL ERRORS. UNDERSIGNED WAIVES AIL lAWS
EXEMPTING REAL OR PERSONAL PROPERTY FROM
EXECUTION.
Witness the dueexccution bereofinteDding 10 be legally bound this 14th
Wi
:il~c7~
ttes
GL.290 Rev,(31961 L.c. 8195 ill 2196
___ _ __ . 'A_'_"" ... .............. '^~ ~
........--
nc1'1n"'1 tc:A.....
J
Address
1603 WARREN STREET
NEW CUMBERLAND PA 17070
Iud;}" u "
(1) '--"AU. ..:;/~
JE L. TABOR
(Sean
Address
1603 WARREN STREET
NEW CUMBERLAND PA 17070
Corporation or Other Entity
It-
By: (Signature and 1i1le)
x
Business Address
/
Pennsylvaoiil Property
This Mortgage is made this JlJ<h..... day of
October. 1999 , by and from
BENJAMIN L.. TABOR. JR.
JESSIE L. TABOR
(heremafter calle<l 'Mortgagor") to
Mellon Bank. N.A.
(hereinafter called "Mortgagee'). IV. used herein, the term
"Mongagor' refers individually and collectively to aD Mortgagors,
and all such persons shall be jointly and severally bound by the
terms hereof.
Whereas,
SUSOUEHANNA WIRE CORP..
(hereinafter called, individually and collectively, 'Borrower')
entered into an agreement with Mongagee evidenced by a note,
note and security agreement or other agreement (the "Note')
ootoo October 08. 1999
which Note states a principal sum or credit limit of
Two Hundred Twentv Five Thousand and
00/100
Dollars ($ 225.000.00) and evidenCeS Borrower's
obligation to rel"'Y loans and advances made pursuant to the Note;
NOW, THEREFORE, to induce Mongagee to make loans and
advances to or on behalf of Borrower pursuant to tbe Note, and to
secure the payment of all sums due or which may become due
under said' Noteaod all other obligations, debts, dues, instruments,
liabilities, advances, judgments, damages, losses, claims, rontracts
and choses in action, of whatever nature and however arising, owed
to Mongagee from any Borrower or Mortgagor, past, present or
future, direct or indirect, absolute or contingent, voluntary or
involuntary, now due or to become due, and any and all extensions
or renewals thereof in wboIe or in pan, whether owed by any
Borrower or Mortgagor as drawer, maker, en~r, assignor,
guarantor, surety, or othelwise whatsoever, excepting those
Obligations (other than the Obligations evidenced by the Note)
subject to the disclosure requirements of Fooerat Reserve Board
Regulation Z, 12 C.F.R ~226.1 et seq., (all of such obligations
secured hereby, hereinafter called the "Obligation(s)"), as well as to
secure Mongagor's performance under this Mortgage, Mortgagor
by these. presents, intending to be legally bound, does grant,
bargain, sell and convey unto Mortgagee, its successors and assigns,
all those cenain tracts of land situated in
BOROUGH OF NEW CUMBERLAND
CUMBERLAND
County, Pennsylvama and more particularly descnbed ID Exhibit
"A', attached hereto and made a pan hereof:
Together With All And Singular, the buildings and improvements,
streets, Janes, alleys, passages, ways, 'waters, water-courses, rights,
liberties, privileges, hereditaments and appurtenances whatsoever
thereunto belonging, or in any way appertaining and the reversions
and remainders, rents, issues and profits thereof (all of which is
hereinafter called the "Mortgagoo Property");
To Have And To Hold same unto the said MOrlgag~e, its
successors and assigns, Forever.
Provided However, that if the Obligation is paid in fun and
Borrower delivers to Mongagee a written notification of its intentill
not to borrow additional sums from Mortgagee and thereby releasl
Mortgagee from its obligation, if any, to make advances to Borrow<:
then the estate hereby grantoo shaD be discharged.
Mortgagor represents, warrants, covenants and agrees lhaI:
FIRST: This Mortgage and the lien created hereby sbalsccurc 1M
only existing indebtedness, but abo future advances made pu__
to the Note (the terms of wbicb are incorporated becein t
reference), and shaD continue in full force and effect ~"""n<tnoj
that from time to time, 00 or after the date bereof, no iIIdcbtedoel
may he outstanding under the Note; and the Mortgage -.l said lie
shaD be _rged only upon the oa:urreoce of the l:OIICIitioo.o _
alxM:.
SECOND: All furniture and furnishings of eveIy kind ..
description and aU appliances, apparatus and equipmeut now c
hereafter in any building or improvements now or bereaIlcr used t
business or commercial purposes and standing on the pcemio1I:
bereinalxM: grantoo (and aU substitutions therefor or additiOll
thereto) lII'C considered to be necessary, indispensable and especilIII
adaptoo and appropriate to the use and operation of lIIlid prc:milo<
and constilute an integral part of said real estate; and aU of the _
are berebJ conveyed. assigned and pledged, and shall be deemed _
treatoo fat- aU purposes of this inStrument as real estate and not ~
personal property. This Mortgage is abo a security agrec.....4 undc
the Pe~ Uniform Commercial Code by virtue of wbic
Mortgap does hereby grant to Mortgagee a security iIIIerest in ill
personal property now owned and hereinafter acquirc:d, incIudlill
furnishings, accessories, machinery and equipment (and ill
substitutions therefor and additions thereto), not compn:bcnded "
the pellIlSJlvaoiil Industrial Plant Doctrine, plus aU at.""".....-ots ..
. accessories thereto, and the proceeds (cash and J1OD..C8Sb) of III
foregoing. (All items of property granted under this paragnp
SECOND sbaU constitute a part of and are included in III
'Mortgaged Property".)
THIRD: Mongagor will keep and perform all of the lXJVenants ..
agreemenlS containoo herein.
FOURTII: Wi~t prior written consent of Mortgagee, wbic
consent may he WIthheld for any reason, Mortgagor shaD not traosli
or change legal or equitable title, ownership or control of aD or ..
of the Mortgaged Property by sale, lease, stock transfer, transfer (
partnership share, operation of law or in any other manner, whetlll
volunlarilJ or involuntarily. It is further understood and agreed tba
if Mortg3ICC consents to any such transfer, Mongagee may impoo
as a condition of such consent any condition which Mortgagee, in i
sole judgment, deems appropriate.
FIFrH: Mongagor warrants that it owns fee simple title to II!
Mongaged Property free and clear of all liens, claims ...
encumbrances except as othelwise permitted by Mortgagee i
writing, and that it has full right and authority to grant Ibis Mort&>\l
and to perform its obligations hereunder. Mortgagor covenants thi
the Monpged Property shall continue to be held free and clear of.
liens, claims and encumbrances except as otherwise express
permitted by Mortgagee in writing.
I
EXttI8fT
D
BOOk 1583 PAGE '.297
Page 1 01[
,~
..
SIXTH: Mortgagor will pay when due all taxes, """"",ments,
levies and other charges on or against the Mortgaged Property
which may attain priority over tbe lien of this Mortgage. If
Mortgagor fails to do so, Mortgagee at its sole option may elect 10
pay such taxes, assessments, levies or other charges. At
Mortgagee's request, Mortgagor sball deliver written evidence of all
such payments to Mortgagee.
SEVENTH: Mortgagor shall keep the Mortgaged Property in
good repair, excepting only r"":",,,able wear a~d tear. Mortgagor
will permit Mortgagee's autborized representatIVes to enter upon
tbe Mortgaged Property at any reasonable time for the purpose of
inspecting tbe condition of the Mortgaged Property. Without the
prior written consent of Mortgagee, Mortgagor will DOt permit
removal or demolition of improvements oow or hereafta' erected
on the Mortgaged Property, nor will Mortgagor permit waste of the
Mortgaged P,upctty or alteration of improvements IXJW or
hereafter erected on tbe Mortgaged Property wbicb would
adversely affect its market value as determined by Mortgagee,
EIGHTH: In addition to the COIIeoants and agreemems made
elsewhere in this Mortgage, Mortgagor further covenants and
agrees with Mortgagee as follows:
(a)
Except as previously disclosed by Mortgagor to
Mortgagee in writing, the Mortgaged Property is
and will continue to be free of Hazardous
Substances (as bereinafter defined), the presence of
which Mortgagor is required to report to any
federal, state or local agency or entity or the
presence of wbich is prohibited by any
Environmental Law (as hereinafter defined);
Except as previously diSClosed by Mortgagor to
Mortgagee in writing, the ownership, operation or
use of tile Mortgaged Property by Mortgagor or
Mortgagor's tenant(s), as the case may be, does DOt
require. as of the date hereof, nor in the future will
require, the handling, storage, location or discl1arBc
of Hazardous Substances in, on or under the
Mortgaged Property, the presence of whicb
Mortgagor or Mortgagor's tenant(s) is required to
report to any federal, state or local agency or entity
or the presence of which is prohibited by any
Environmental Law;
(b)
(c)
Mortgagor and Mortgagor's tenant(s), if any, at aU
times have operated and maintained the Mortgaged
Property, and at all times will continue to operate
and maintain the Mortgaged Property, in material
compliance with aU Environmental Laws and
Environmental Permits (as hereinafter defined);
(d)
Except as previously disclosed by Mortgagor to
Mortgagee in writing, 00 pending or threatened
proceeding, suit, investigation, allegatioo, or inquiry
exists regarding any alleged violation of
Environmental Laws or Environmental Permits
with respeel to the Mortgaged Property or of any
alleged obligation to cleanup or remediate any
Hazardous Substance in, on or under tbe
Mortgaged Property, aod Mortgagor shall ootilY
Mortgagee within five (5) business days in writing
upon becoming aware hereafter nf any such
proceeding, suit, investigation, allegation, or inquiry~
setting forth the details thereof;
\~. ~ .,...-; ~ \.
,
(e) There does not exist, nor will Mortgagor permit tq
exist, any event or condition 011 or with respect to the
Mortgaged Property that requires or is likely to
require Mortgagor under any Environmental Law to
pay or expend funds by way of fines, judgments,
damages, cleanup, remediation or the like; ptoYided,
however, that Mortgagor shall notify Mortgagee
promptly in writing upon becoming aware hereafter
of any such event or condition; and
(f) Upon request by Mortgagee, Mortgagor shall provide
(at Mortgagor's cost) certili<:ations, documentation,
copies of pleadings and other information regarding
the alxNe, aU in form and content satisfactory to
Mortgagee.
NINTII: Mortgagee and its agents and representatives shaD h.....
the right at any time (whether or not any Event of Default in
connection with the Obligations has occurred, or if any of the
Obligations is payable 00 demand, whether or not such demand has
been made) and at its sole option and discretion, without'i>otice, to
enter and visit the Mortgaged Property for the purpooea of observing
the MortgagedJ'lo-"".ty, taking and removing soil or groundwater
samples, and conducting tests on any part of the Mortgaged
Property, all at the cost of Mortgagor. Mortgagee is under no duty,
however, to visit or obsetve the Mortgaged Property or to conduct
tests, and. any such acts by Mortgagee shall be solely for the purposes
of protecting its security interests and preserving Mortgagee's rights
under the Note and other docomeuts executed and delivered in
connection with the Note. No site visit, observation, or testing by
. Mortgagee shaD result in a waiver of any default of Mortgagor or
impose any liability 00 Mortgagee. In no event shaD any site visit.
observation, or testing by Mortgagee be a representation that
Hazardous Substances are or are not present in, on, or under the
Mortgaged Property, or that there has been or shall be compliance
with any Environmental Law. Neither Mortgagor nor any other party
is entitled to rely 00 any site visit, observation, or testin,g by
Mortgagee, nor on any statements, representations, or any other
comments made by Mortgagee to Mortgagor or any other party with
respeelto any Hazardous Substances or any other adverse condition
atfucting the Mortgaged Property. Mortgagee owes no duty of care
to protect Mortgagor or any other party against, or to inform
Mortgagor or any other party of, any Hazardous Substances or any
other adverse condition affecting the Mortgaged Property.
Mortgagee shall not be obligated to disclose to Mortgagor or any
other party any report or findings made as a result of, or in
connection with, any site visit, observation, or testing by Mortgagee.
TENTH: Mortgagor shall indemnify, defend and hold harmless
Mortgagee, its employees, agents, officers and directors from aDd
against any and all claims, demands, penalties, fines, liabilities,
settlements, damages, costs and expenses of any kind whatsoever
including but not limited to, attorney fees (including the reasonabl';
estimate of the allocated cost of in-house counsel and stafl), all fees
of environmental consultants and laboratory costs, arising out of or in
any way relating to: (a) the release or threatened release, disposal or
ClOStence of any Hazardous Substances, on or atfucting the
Mortgaged Property; (b) any personal injury (including wrongful
death) or property damage (real or personal) arising out of or related
to such Hazardous Substances; (c) any lawsuit brought or
threatened, settlement reached or governmental order issued relating
to Hazardous Substances with respect to the Mortgaged Property;
(d) any, violation ?" alleged violation of laws, permits, licenses, orders,
regulattons, requlTements or demands of government authorities or
any policies or requirements of Mortgagee, which are based upon or
in any way related to Hazardous Substances; or (e) the breach of any
warranty,. representation or covenant of Mortgagor contained herein
. ~r \n any rel~ted loan docoment, This indemnity shall survive
Page 2 of6
:"
repayment 0'[ any Obligations or any judicial foceclosure,
forecl'osure by power of sale, deed-in-lieu of foreclosure, or traosfer
of the Mortgaged Property by Mortgagor or Mortgagee.
The liability covered by these indemnity provisions shaD include,
but not be limited to, losses sustained by Mortgagee and/Or any of
its successors and assigns for: (a) amounts owing as Obligations,
including diminution in value of the Mortgaged Property, (b)
amounts arising out of personal injury or death claims, (e) amounts
charged to Mortgagee for any. environmental or Hazardous
Substances clean up costs and expenses, liens, or otber such
charges or impositions, (d) payment for reasonable attorney's fees
and disbursements, expert witness fees, court costs, environmental
tests and design studies, and (e) any other amounts expended by
Mortgagee or its successors and assigns in connection with the
subject matter of Paragraphs ElGIITH, NINTH and TENTII.
ELEVENTH: Mortgagor shall keep the Mortgaged Property
insured against loos by fire, an other hazards contemplaled by the
term "extended a:rverage", and such other risks and bazards as
Mortgagee sbaI1 require, in such amounts as Mortpgee shall
require, but never less than the amount required 10 pay the
Obligation$ secured hereby. Mortgagor will purchase flood
insutanceas and to the extent required by the Mortpgee. 1be
insurer or insurers will be chosen by Mortgagor, subject 10 approval
by Mortgagee; and approval shall not be unreasonably wiIbheld. All
insurance policies shall contain loss payable clauses in IiM>r of
Mortgagee and shall be cancelable by the insurer onlY after prior
written notice by the insurer to Mortgagee. Mortgagor sbaI1 deliver
written evidence of all such insurance to Mortgagee.
If Mortgagor liIils to obtain and keep in force any required
insurance or fails to pay. the premiums- on such insurance,
Mortgagee at its sole option may elect to do so. In the event of loss,
Mortgagor shall give prompt notice to the insurer and Mortgagee,
Mortgagee . at its option may elect to make proof of loss if
Mortgagor does not do so promptly, and to take any action it
deems necessary to preserve Mortgagor's or MortgalP"s rights
under any insurance policy. Subject to the rights of the holders of
any prior mortgage, insurance proceeds shall be applied to
restoration or repair of the Mortgaged Property or to reduction of
tbe Obligations, as Mortgagee may determine in its sole discretion.
Mortgagor hereby appoints Mortgagee and its successors and
assigns as Mortgagor's attorney-in-fact to. endorse Mortgagor's
name to any draft or check which may be payable to Mortgagor in
order to collect such insurance proceeds.
TWELFnI: Mortgagor hereby agrees to repay to Mortgagee on
demand all sums. which Mortgagee bas elected to pay under
Paragraphs SIXTH and/or ELEVENTH and any costs which
Mortgagee has incurred in taking actioos permitted by Paragraph
NINTH, witb interest thereon at a per annum rate equal to the
Contractual Rate(s) (as that term is defined in the Note), if any;
and all such sums, as well as any amounts for which Mortgagor has
agreed to indemnify Mortgagee under Paragraph TENTH, shall,
together with interest thereon, until repaid to Mortgagee, be part
of the Obligations and be secured hereby,
THIRTEENTH: Subject to the rights of the holders 01. any prior
mortgage, Mortgagor bereby assigns to Mortgagee all proceeds of
any award in connection with any condemnation or other taking of
tbe Mortgaged Property or any part tbereof, or payment for
conveyance in lieu of condemnation.
FOURTEENTII: If the Mortgaged Property or any porti
thereof consists of a unit in a condominium or a planned u
development, Mortgagor shall perform all <of Mortgage
Obligations under the declaration or covenants cceaQng or govemi
the condominium or planned unit deve1opment, Ibe by-Jaws, ru
and regulations of the condominium or. planned tlllit deveIopme
and related documents. If a condominium ... planned u
development rider is executed by Mortgagor and ~ with t
Mortgage, the a:rvenants and agreements of SUdI rider shall
incorporated herein, as if the rider were a part hereOf.
FIFI'EENTH: In order to further secure MortJllll8CC in the ey.
of delilult in the payment of the Obligations secured llereby, or in.'
performance by Mortgagor of any of the CQYe- _, COlIditions
agreements contained herein, Mortgagor herd>y assigns a
transfers to Mortgagee, its successors and assigns -r and aU lea:
on the Mortgaged Property or any part thereof, nowcxistingorwl>
may hereafter he made at any time, together with -r and aD ret
issues and profits arising from the Mortgaged P>.....,rty under Sl
leases or otherwise, without obligation of Mortpp to perform
discharge any obligation, duty or liability under sucllleases, but w
full authori:lation to ooUect an rents uncler the Ie.oes orotherw
and to take possession of and rent the MOdpged Propel
Mortgagor a:rvenants not to. accept the payment of any rent pl
more than thirty (30) days in advance.
SIXTEENTH: In the event that (8) Borrower -'/Or Mortgal
fails to pay any Obligation or any portion thereof when due; or I
Mortgagor breaches any warranty, covenant or agnoement contain
herein; or (c) any representation or warranty "'-";nH! herein
otherwise made by any Mortgagor or Borrower .. connection w
this Mortgage or any of the Obligations pl'OW:8 to be false
misleading; or (d) there occurs an event of ilcfault under .
agreement evidencing, securing or otherwise ex~ and deliver
by any Borrower and/or Mortgagor in rnn-ion with I
Obligations or any portion thereof; or (e) there aacurs an event
default for non-payment under the. terms of any alher mortgage
other instrument creating a lien on the Mortgaged Property (wheU
or not such lien is in favor of Mortgagee); or (f) a IookIcr of any li
encumbering the Mortgaged Property or any portion then
(whether such lien is junior or superior to the Iicn at this MortPI
commences a foreclosure or any other proceeding _ =te on s.
lien; or (g) any Borrower or Mortgagor makes an -.ignment for ,
benefit of its creditors, becomes insolvent, or files or has filed agat
it any petition, action, case or proceeding, voluntay or involunta
under any state or federal law regarding bankllBptcy, inso1ven
reorganization, receivership or dissolution, includiB& the Bankrup
Reform Act of 1978, as amended; or (h) Mortgagor fails to pay wl
due, any amount owing by Mortgagor pursuant to Ithe terms here:
then in addition to exercising any rights which Mortgagee may ht
under the terms of any agreement securing repayoar:nt of, or relat
to, any portion of the Obligations, or otherwise ' !provided byh
Mortgagee may foreclose . upon the Mortg3Fd Property
appropriate legal proceedings and sell the Mortpged Property
the collection of the Obligations, together with costs of suit 8
attorney's commission equal to the lesser of tal twenty pero
(20%) of the total Obligations or five hundred II!IoIIan ($5(KI.C1
wbichever is the larger amount, or (b) the Dl3Ximum alDOl
permitted by law. Mortgagor hereby forever waiva and releases
errors in tbe said proceedings, waives stay of execution, the right
inquisition. and extension of time of pay.ent, agrees
condemnalton of any property levied upon by Welue of any S\
execution and waives all exemptions from levy and sale of I
property tbat now is or hereafter may be exempted Illy law.
Bood583 rAGE ~299
Page 3 01
SEVENTEENTH: Tbe rights and remedies of Mortgagee as
provided herein, or in any other a&n:"m~nl securing repaymen,t of,
or relating to, any portion of the ObligatiOns, or othelWlSC prO\llded
by law, shall be cumulat~ and may, be pu,rsued singly,
concurrently, or successively m Mortgagee s sole, dISCretIon, a~d
may be exercised as often as necessary; and the fadure to exel'ClSC
any such right or remedy shall in no event be construed as a waiver
or release of the same.
ElGHTEENTII: As used in this Mortgage: (a) "Environmental
law" means any federal, state or local environmental law, statute,
regulation, rule, ordinance, court or administrative order or decree,
or private agreement or jnterpretat~, now or . hereafter in
existence relating to the use, handlmg, coIJecuon, storage,
treatmen~ disposal or otherwise of Hazardous Substances, or in
any way relating to pollutiOD or protection of the environment,
including but 110I limited to: the Clean Air Act, 42 U.s.c.. 7401 et
seq.; the Comprehensive Enviromnental Response, Compensation
and UabiJity Act of 1980, 42 U.S.c.. 9601 et seq.; the Federal
Water Pollution Control Act, 33 U,S.c.. 1251 et seq.; the
Hazardous Material Transportation Act, 49 U.S.c.. 1801 et seq.;
the Federal Insecticide, Fungicide and Rodenticide Act, 1 U.S,c..
136 et seq.; the Resource Conservation and Recovery Act of 1976,
42 U.s.c.. 6901 et seq.; the Tatic Substa"""" C.ootrol M, 15
U.s.c.. 2601 et seq.; Section 1018 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (TItle X); all as amended. (b)
"Environmental Permit" means any federal, state or local permit,
license or authorization issued under or in connection with any
Environmental Law. (c) "Hazardous Substances" includes
petroleum and petroleum products, radioactive ~terials, as~oo
or any materials or substallCCS defined as or included In the
definition of "hazardOuS wastes," 'bazardous substances,"
"hazardous materials," "toxic substances," "hazardous air
pollutants," and "toxic pollutants," as those terms are used in any
Environmental Law, including any state or federal law or local
ordinance relating to bazardous substances now or hereafter in
eocistence, and in any regulations promulgated or that may be
promulgated thereunder.
witness:
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NINETEENTH: ,M<;lrtgagee, without notice to ~ortgappr, maY
deal WIth the ObhgauOllS and any collateral security therefor in such
manner as Mortgagee may deem advisable and may aecepl pllrtial
payment for or settle, release, or compromise the Obligations, may
substitute or release any collateral se<:urity, and may release and
discharge from liability any Borrower, all without impairing the estate
granted hereby or the obligations of Mortgagor hereunder,
TWENTIETII: Tbe covenants, conditions and agreements
contained herein shall bind the heirs, personal representatiwes, and
successors of Mortgagor, and the rights and privileges contained
herein shall inure to the successors and assigns of Mortgagee..
TWENTY-FIRST: Mortgagor hereby agrees that all costs of suit
and attorney's commission, as described in Paragraph 11IIRTEENTH,
shaD be sewred hereby.
TWENTY -SECOND: The Obligations se<:ured by this JIIortgage
include amounts which Mortgagee may hlM: previously ad-.ced or
may hereafter advance to Borrower, and it is the inlent of Mmtgagee
and Mortgagor that with respect. to all such advances, the _ of this
Mortgage sbalI gain priority as if all such advances were IlJ3lk at the
time of execution and delivery of this Mortgage, provided ~ in no
event shall the principe' amount secured by this Mortgage -' the
aggregate sum of $ 225.000.00. and to the _ such
advances are made pu~t to a note, lIOIe and security agreement,
loan agreement, commItment letter or other written agrcemcut, the
terms thereof are incorporated herein by reference..
TWENTY-11IIRD: The fonna1 and eooeotial validity henoof shall
be governed in all respectS by the laws of Pennsylvania. If any
provision hereof shall for any reason be held _ or
unenforceable, no other provision shall be affected thereby and this
Mortgage shall be coostrued as if the invalid or uoenfu.ceable
provision had never been part of it..
TWENTY-FOURTII: If any amount advanced under the Note was
used to purchase the Mortgaged Property, then it is intended that
this Mortgage be a Purchase Money Mortgage under the pnwisions
of42PA. CS.A.f814L
03 WARREN STREET
CUMBERLAND, PA. 17070
Individual:
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~MBERLAND. PA. 11010
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HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esq,
ATTORNEYS FOR Plaintiff
IDENTIFICATION NO, 63871
LAW OFFICES
600 Third Avenue
Kingston, PA 18704
(5701287-3000
COMMONWEALTH BANK, now
by assignment, CITIZENS BANK OF
PENNSYLVANIA
IN TIIE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
CML ACTION - LAW
BENJAMIN L. TABOR and JESSIE L.
TABOR
MORTGAGE FORECLOSURE
Defendants
NO, 05-980
AFFIDAVIT OF RETURN OF SERVICE BY MAIL
On March 17, 2005, I mailed a true copy ofthe Mortgage Foreclosure Complaint by certified
mail, return receipt requested, to Defendants, Benjamin L. Tabor, Jr, and Jessie L. Tabor. The
Defendant, Jessie L. Tabor, signed the return receipts for both upon delivery and the receipt,
attached here as Exhibit "A," was returned by the post office on April 1, 2005,
659196.1
.
..
I make these statements pursuant to 18 Pa. Cons. Stat. S 4904 relating to unsworn
falsification to authorities and understand that false statements may subject me to criminal penalties
under that statute.
HOURIGAN, KLUGER & QUINN, P.c.
L--~-S\..
By:
James T. Shoemaker, Esquire
Attorney for Mellon Bank, N.A., now by assignment,
Citizens Bank of Pennsylvania
Date: April 7, 2005
659196.1
.
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SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2005-00980 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MELLON BANK NA
VS.
TABOR BENJAMIN L JR ET AL
R. Thomas Kline
Sheriff
of Cumberland
County, pennsylvania, who being duly sworn according to law ser ed the
within named DEFENDANT
,TABOR BENJAMIN L JR
by United States Certified Mail ostage
prepaid, on the 2nd day of March
,2005 at 0000:00 HOURS, at
20435 MOSS BEND COURT
LUTZ, FL 33558
a rue
and attested copy of the attached COMPLAINT - MORT FORE
T gether
with
The retur ed
receipt card was signed by J TABOR
00/00/0000
on
Additional Comments:
Docketing
Certified Mail
Postage
Surcharge
18.00
5.34
.37
10.00
.00
33.71
So answers:
---< >;;>
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R. Thomas Kline
Sheriff of Cumberland Coun y
Sheriff's Costs:
Paid by HOURIGAN KLUGER & QUINN
on 03/29/2005 .
~-r Yj
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2005-00980 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MELLON BANK NA
VS.
TABOR BENJAMIN L JR ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law serv d the
within named DEFENDANT
,TABOR JESSE L
by United States Certified Mail ostage
prepaid, on the 2nd day of March
,2005 at 0000:00 HOURS, at
20435 MOSS BEND COURT
LUTZ, FL 33558
, a rue
and attested copy of the attached COMPLAINT - MORT FORE
T gether
with
The retu ned
receipt card was signed by J TABOR
00/00/0000
on
Additional Comments:
Sheriff's Costs:
Docketing
Certified Mail
Affidavit
Surcharge
6.00
5.34
.00
10.00
.00
21.34
So answers: /"
/;('/ --- .,2.,--, "__/-;;:..----.~~-..._. ,/
/ft;.;->~c:.~
R. Thomas Kline
Sheriff of Cumberland Co nty
Paid by HOURIGAN KLUGER & QUINN
on 03/29/2005 .
Sworn ?~9 sUbscribit.t0'~efore
JThi , l-l:i~day of q r1 !
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. Sender: Please print yo
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. ,address, aOd..zIl:>.:':4..ioJ1:li~:~_j
,F'Jrst-Class Mail -..
Postage & Fees Paid
USPS
P~nnit No, ~.1()..
UNITED STATES POSTAL SERVICE
CUMBERLAND COUNTY SHERIFF'S DEPARTMENT
ONE COURTHOUSE SQUARE
CARLISLE P A 17013
..
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UNITED STATES POSTAL SERVICE
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. Sender: Please print yci~~~~dress. a~~~~=~~_~~ this ~~ri Ui ~
CUMBERLAND COUNTY SHERIFF'S DEPARTMENT
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
70 i 2.+33C~ i
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I
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: JAMES T. SHOEMAKER, ESQUIRE
IDENTIFICATION NO. 63871
ATTORNEY FOR Plaintiff
LAW OFFICES
600 Third Avenue
Kingston, PA 18704
(570) 287-3000
COMMONWEALTH BANK, now
by assignment, CITIZENS BANK OF
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
CIVIL ACTION - LAW
BENJAMIN L. TABOR and JESSIE L.
TABOR
MORTGAGE FORECLOSURE
Defendants
NO. 05-980
10 NOTICE OF PRAECIPE TO
ENTER JUDGMENT BY DEFAULT
TO: Benjamin L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Jessie L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Date of Notice: Mav 18.2005
IMPORTANT NOTICE
Pursuant to PARCP 237.5
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 RIGlITS.
659121.1
f
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS 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.
COURT ADMINISTRATOR
Cumberland County Court House
Carlisle, PA 17013
(717) 249-1133
600 Third Avenue
Kingston, PA 18704
Telephone No: 570-287-3000
- or-
PENNSYLVANIA LAWYERS REFERRAL SERVICE
P.O. Box 1086, 100 South Street
Harrisburg, P A 17108
(Pennsylvania residents phone:
1-800-692-7375; out-of-state
residents phone: 1-717-238-6715)
\~.~
James T. Shoemaker, Esquire
Attorney for Plaintiff
Supreme Court 10 No. 63871
659121.1
..
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY:
JAMES T. SHOEMAKER. ESQUIRE
ATTORNEY FOR PLAINTIFF
IDENTIFICATION NO. 63871
LAW OFFICES
600 THIRD AVENUE
KINGSTON, PA 18704
(570) 287.3000
COMMONWEALTH BANK, now
by assigmnent, CITIZENS BANK OF
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
CML ACTION - LAW
BENJAMIN L. TABOR and JESSIE L.
TABOR
MORTGAGE FORECLOSURE
Defendants
NO. 05-980
CERTIFICATE OF SERVICE
I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the
foregoing notice of praecipe to enter default judgment upon the defendants, Benjamin L. Tabor and Jessie
L. Tabor, by depositing said document in the United States mail, first class, postage prepaid, addressed as
follows:
Benjamin L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Jessie L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
659125.1
I'
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
By:
~--s ~------
James T. Shoemaker, Esquire
Counsel for the plaintiff
Dated: May 17, 2005
659125.1
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HOURIGAN. KLUGER & QUINN
A PROFESSIONAL CORPORATION
.
BY: JAMES T. SHOEMAKER, ESQUIRE
ATTORNEY FOR Plainliff
IDENTIFICATION NO. 63871
LAW OFFICES
600 Third Avenue
/(jngston, PA 18704
570-287.3000
MELLON BANK, N.A., now
by assignment, CITIZENS BANK OF
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
VS.
Plaintiff
BENJAMIN L. TABOR and JESSIE L.
TABOR
CML ACTION - LAW
MORTGAGE FORECLOSURE
Defendants
NO. 05-980
PRAECIPE FOR
ENTRY OF DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter judgment in favor of the plaintiff, MeIlon Bank, N.A, now by assignment.
Citizens Bank of Pennsylvania, and against the defendants, Benjamin L. Tabor and Jessie L.
Tabor, for their failure, within the required period of time, to file an answer to the plaintiff's
complaint, which was properly endorsed with a notice to plead.
667799.1
-
The plaintiff's damages are in the amount of$235,309.85 plus accrued interest from
February 2, 2005, through to the date of distribution of sheriff's sale, accruing at the per diem
rate of$35.93, attorney's fees in the amount of20% and costs until paid.
A true and correct copy of the notice of intention to enter default jUdgment, which was
mailed to the defendants, is attached hereto, incorporated herein by reference and
marked Exhibit "A."
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.c.
BY:
~s~
James T. Shoemaker, Esquire
I.D. No. 63871
Counsel for the plaintiff, Mellon Bank, N.A.,
now by assignment, Citizens Bank of
Pennsylvania
600 Third Avenue
Kingston, PA 18704
(570) 287-3000
(570) 287-8005 (Fax)
Dated: June 1, 2005
667799.1
"
n
C'.
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
':',\
Ct)
"T)
BY: JAMES T. SHOEMAKER, ESQUIRE
IDENTIFICATION NO. 63871
ATTORNEY FOR PlalnUff
'"::'
,"",
-..
LAW OFFICES
600 Third Avenue
Kingston, PA 18704
iS7e) 287-3000
COMMONWEALlH BANK, now
by assignment, CITIZENS BANK OF
PENNSYL VANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
vs.
Plaintiff
BENJAMIN L. TABOR and JESSIE L.
TABOR
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
Defendants
NO. 05-980
TO: Benjamin L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
10 NOTICE OF PRAECIPE TO
ENTER JUDGMENT BY DEFAULT
Jessie L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Date of Notice: Mav 18. 2005
IMPORTANT NOTICE
Pursuant to P A RCP 237.5
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY AITORNEY AND FILE IN WRITING WI1H THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORlH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WIlHOUT A HEARING AND YOU MAy LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
659121.1
. EXHIBIT
~
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c;;)
en
C)
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f~!l :n
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-..
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HlRING A LAWYER.
IF YOU CANNOT AFFORD TO HlRE A LAWYER, THIS OFFICE MAy BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TIIAT MAy OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
COURT ADMINISTRATOR
Cumberland County Court House
Carlisle, PA 17013
(717) 249-1133
- or-
PENNSYL VANIA LAWYERS REFERRAL SERVICE
P.O. Box 1086, 100 South Street
Harrisburg, PAl 71 08
(Pennsylvania residents phone:
1-800-692-7375; out~f-state
residents phone: 1-717-238-6715)
\~~
James T. Shoemaker, Esquire
Attorney for Plaintiff
Supreme Court ID No. 63871
600 Third Avenue
Kingston, PA 18704
Telephone No: 570-287-3000
659121.1
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY:
JAMES T. SHOEMAKER. ESQUIRE
ATTORNEY FOR PLAINTIFF
IDENTIFICATION NO. 63871
LAW OFFICES
600 THIRD AVENUE
KINGSTON, PA 18704
(570) 287-3000
COMMONWEALTH BANK, now
by assignment, CITIZENS BANK OF
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
CML ACTION - LAW
BENJAMIN L. TABOR and JESSIE L.
TABOR
MORTGAGE FORECLOSURE
Defendants
NO. 05-980
CERTIFICATE OF SERVICE
I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the
foregoing praecipe to enter default judgment upon the defendants, Benjamin L. Tabor and Jessie L. Tabor,
by depositing said document in the United States mail, first class, postage prepaid, addressed as follows:
Benjamin L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Jessie L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
667793.1
Respectfully submitted,
HOVlUGAN, KLUGER & QUINN, P.C.
By:
~~~
Dated: June 1, 2005
James T. Shoemaker, Esquire
Counsel for the plaintiff
667793.1
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MELLON BANK, N.A., now
by assignment, CITIZENS BANK OF
PENNSYL VANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTy
vs.
Plaintiff
BENJAMIN L. TABOR and JESSIE L.
TABOR
CIVIL ACTION - LAW
Defendants
MORTGAGE FORECLOSURE
NO. 05-980
DEFAULT JUDGMENT
AND NOW, this ...1"u.{day of Ju,)~ , 2005, judgment is entered in favor
By:
of the plaintiff, MeIlon Bank, N.A, now by assignment, Citizens Bank of Pennsylvania, by
reason of the defendants, Be'1iamin L. Tabor and Jessie L. Tabor's failure, within the required
period of time, to file an answer to plaintiffs complaint, which was properly endorsed with a
notice to plead.
The plaintiffs damages are in the amount of$235,309.85 plus accrued interest from
February 2, 2005, through to the date of distribution of sheriffs sale, accruing at the per diem rate
of$35.93, attorney's fees in the amount of20% and costs until paid.
PROTHONOTARY
667799.1
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
ATTORNEY FOR Plaintiff
LAW OFFICES
600 Third Avenue
Kingston, PA 18704
(570) 287.3000
MELLON BANK, N.A., now
by assignment, CITIZENS BANK OF
PENNSYL V ANlA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
VS.
CIVIL ACTION - LAW
BENJAMIN L. TABOR and JESSIE L. TABOR:
MORTGAGE FORECLOSURE
Defendants
NO. 05-980
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
The plaintiff in the above action sets forth as of the date the praecipe for writ of execution was filed
the following information concerning the real property located at 1603 Warren St., Cumberland Borough,
Cumberland County, Pennsylvania, as more particularly described in Exhibit "A" attached hereto.
I. Name and address of owners:
Benjamin L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Jessie L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
675674.2
2. Name and address of defendants in the judgment:
Benjamin 1. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Jessie 1. Tabor
20435 Moss Bend Court
Lutz, FL 33558
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Mellon Bank, N.A., nba Citizens Bank of Pennsylvania
525 William Penn Place
153-2720
Pittsburgh, PAIS 219-172 7
Mellon Bank, N.A.
Business Banking Loan Center
Two Mellon Bank Center
Room 152-0350
Pittsburgh, PA 15259-0001
Citizens Bank of Pennsylvania
PO Box 3080
Pittsburgh, P A 15230-3080
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any interest in or record lien on the
property and whose interest may be affected by the sale:
Cumberland County Tax Claim Bureau
Courthouse
One Courthouse Square
Carlisle, PAl 70 13
6. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Cumberland County Domestic Relations
Courthouse
Doe Courthouse Square
Carlisle, PA 17013
New Cumberland Borough Tax Collector
Robin Gasperetti
1113 Bridge SI.
New Cumberland, PA 17070
675674.2
.
New Cumberland Borough
1120 Market St., PO Box 220
New Cumberland, PAl 7070
Linda Tappan
Andrewe. Sheely, Esquire
127 South Market Street
Post Office Box 95
Mechanicsburg, P A 17055
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. 1 understand that false statements herein are made subject to the
penalties of 18 PA e.S. *4904 relating to unsworn falsification to authorities.
HOURIGAN, KLUGER & UINN, P.e.
-
~-
By:
James T. Shoemaker, Esquire
Attorney for the plaintiff
Dated: August Jl....,2005
675674.2
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.RC.P.3180-3183
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
MELLON BANK, N.A., now
by assignment, CITIZENS BANK OF
PENNSYL V ANlA
Plaintiff
vs.
CML ACTION - LAW
BENJAMIN L. TABOR and JESSIE L. TABOR.
MORTGAGE FORECLOSURE
Defendants
NO. 05-980
To the Prothonotary:
Issue writ of execution in the above matter.
Principal indebtedness $235,309.85
Accrued interest from 02/02/05 through
12/07/05 (per diem $35.93) $ 11,066.44
Attorney's fees (20%) $ 49,275.25
TOTAL $295,651.54 plus costs
~S
James T. Shoemaker, Esquire
Attorney for the plaintiff
675650.1
No.980C Term, 2005 J.D.
No.
Term, 20 Q2.. E.D.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
MELLON BANK, N.A., NOW BY ASSIGNMENT,
CITIZENS BANK OF PENNSYL VANIA
Plaintiff,
vs.
BENJAMIN L. TABOR AND JESSIE L. TABOR
Defendants.
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
Filed:
~_.
---
JAMES T. SHOEMAKER, ESQUIRE
Address: 600 Third Avenue
Kingston, P A 18704
Where papers may be served
675650.1
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-980 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MELLON BANK, N.A., NOW BY ASSIGNMENT,
CITIZENS BANK OF PENNSYLVANIA, Plaintiff (s)
From BENJAMIN L TABOR AND JESSIE L. TABOR
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $235,309.85 L.L. $.50
Interest ACCRUED INTEREST FROM 212105 THROUGH 12/7/05 (PER DIEM $35.93) - $11,066.44
Atty's Comm 20% $49,275.25 Due Prothy $1.00
Ally Paid $137.05
Plaintiff Paid
Date: AUGUST 16, 2005
Other Costs
~~
Prot(,;notary . !::" 7
(Seal)
By:
Deputy
REQUESTING PARTY:
Name JAMES T, SHOEMAKER, ESQUIRE
Address: 600 THIRD AVENUE
KINGSTON, PA 18704
Attorney for: PLAINTIFF
Telephone: 570-287-3000
Supreme Court ID No. 63871
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
ATTORNEY FOR ~amtiff
LAW OFFICES
600 Third Avenue
Kinsston. PA 18704
(570) 287.3000
MELLON BANK, N.A., now
by assignment, CITIZENS BANK OF
PENNSYL V ANlA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
CML ACTION - LAW
BENJAMIN L. TABOR and JESSIE L. TABOR:
MORTGAGE FORECLOSURE
. Defendants
NO. 05-980
AFFIDAVIT PURSUANT TO RULE 3129.1
The plaintiff in the above action sets forth as of the date the praecipe for writ of execution was filed
the following information concerning the real property located at 1603 Warren St., Cumberland Borough,
Cumberland County, Pennsylvania, as more particularly described in Exhibit "A" attached hereto.
I. Name and address of owners:
Benjamin L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Jessie L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
675674.1
2. Name and address of defendants in the judgment:
Benjamin 1. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Jessie 1. Tabor
20435 Moss Bend Court
Lutz, FL 33558
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Mellon Bank, N.A., nba Citizens Bank of Pennsylvania
525 William Penn Place
153-2720
Pittsburgh, PA 15219-1727
Mellon Bank, N.A.
Business Banking Loan Center
Two Mellon Bank Center
Room 152-0350
Pittsburgh, P A 15259-0001
Citizens Bank of Pennsylvania
PO Box 3080
Pittsburgh, PA 15230-3080
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any interest in or record lien on the property
and whose interest may be affected by the sale:
Cumberland County Tax Claim Bureau
Courthouse
One Courthouse Square
Carlisle, P A 17013
6. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Cumberland County Domestic Relations
Courthouse
One Courthouse Square
Carlisle, P A 17013
New Cumberland Borough Tax Collector
Robin Gasperetti
1113 Bridge St.
New Cumberland, P A 17070
675674.1
New Cumberland Borough
1120 Market St., PO Box 220
New Cumberland, P A 17070
Linda Tappan
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties
of 18 PA C.S. ~4904 relating to unsworn falsification to authorities.
HOURIGAN, KLUGER & QUINN, P.C.
~~
By:
James T. Shoemaker, Esquire
Attorney for the plaintiff
Dated: A~ J 0 ,2005
675674.1
ALL those two (2) certain contiguous tracts ofland situate in the Borough of New Cumberland,
County of Cumberland and State of Pennsylvania, bounded and described as follows:
Tract No.1
BEING Lot No. 12, Section "B", in the Plan of Lots known as Westover Gardens, said Plan being
recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 2, page
85; said lot having a frontage of 50 feet on the East side of Warren Street and extending back with increasing
width 115 feet to Lot No. 16, Section "G"; being bounded on the North by Lot No. L1, Section "G", and on
the East by Lot No. 16, Section "G", on the South by Lots Nos. 14 and 13, Section "G", and on the West
by Warren Street.
HAVING thereon erected a brick and frame split level dwelling known as 1603 Warren Street.
BEING the same premises which Wilbert E. Stremmel and Kathryn B. Stremmel, his wife, by Deed
dated January 30, 1967 and recorded in Deed Book f, Volume 22, Page 814, conveyed to MaIjorie B.
Rakestraw.
Trace No.2
BEGINNING at a point on the Western line of Manor Heights Avenue, an unopened street shown
on the hereinafter mentioned Plan of Lots, said point being at a distance of one hundred (100) feet measured
in the Northerly direction along the Western line of Manor Heights Avenue from the Northern line of
Sixteenth Street and said point being on the dividing line between Lots Nos. 15 and 16, Block G, on said Plan
of Lots; thence along said dividing line and the dividing line between Lots Nos. 15 and 16, Block G on said
plan, South 48 degrees 38 minutes West one hundred fifteen (115) feet to a point on the dividing lint between
Lots Nos. 12 and 16, Block G on said Plan; thence along said last mentioned division line, North 41 degrees
47 minutes West sixty and eight-four one-hundredths (60.84) feet to a point on the dividing line between Lots
Nos. 16 and 17, Block G on said Plan; thence along said last mentioned dividing line North 48 degrees 13
minutes East one hundred fifteen (115) feet to the Western line of manor Heights Avenue; thence along the
Western line of Manor Heights Avenue, South 41 degrees 47 minutes East sixty-one and sixty-seven one-
hundredths (61.67) feet to the point or place of BEGINNING.
BEING Lot No. 16, Block G on the Plan of Westover Gardens, said Plan being recorded in the
Cumberland County Recorder's Office in Plan Book 3, Page 50.
BEING the same premises which Dauphin Deposit Trust Company, by Deed dated July 24, 1970,
recorded in Deed Book T, Volume 23, Page 416, conveyed to Maljorie B. Rakestraw.
The above tracts are sold subject to easements, reservations and restrictions of record.
TOGETHER with all and singular, the buildings, improvements, rights, liberties, privileges,
hereditaments and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the
615672
reversions and remainders, rents, issues and profits thereof; also the estate, right, title and interest
whatsoever, of the said Grantor at and immediately before the time her decease, in law, equity or otherwise,
however, of in, to or out ofthe same.
TO HAVE AND TO HOLD the said described messuage or tenement and tract of land, with its
hereditaments, and premises hereby granted or mentioned, or intended so to be, with the appurtenances, unto
the said Grantees, their heirs and assigns, to the only proper use and behoof of the said Grantees, their heirs
and assigns, forever.
AND the said Grantor does covenant, promises, grant and agree, to and with the said Grantees, their
heirs and assigns, by these presents, that he has not heretofore done or committed, or knowingly or willingly
suffered to be done or committed, any act, matter or thing whatsoever, whereby the premises hereby granted,
or any part thereof, is, are shall or may be impeached, charged or encumbered, in title, estate, or otherwise
howsoever.
BEING the same premises which John M. Eakin, Executor of the Last Will and Testament of
MaIjorie B. Rakestraw dated September 30, 1991 and recorded October 7, 1991 in the Recorder of Deeds
Office in and for Cumberland County, Pennsylvania, in Deed Book 13 5, Page 615, granted and conveyed unto
Benjamin L. Tabor, Jr. And Jessie L. Tabor, his wife, the grantors herein.
THE PROPERTY IDENTIFICATION NUMBER OF THE ABOVE DESCRffiED PARCEL IS
26-23 -0 541-013
This property is improved with a residential dwelling.
ADDRESS: 1603 Warren St.
New Cumberland Borough, PA
EXHffiIT "N'
677327.1
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HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
LAW OFFICES
600 Third Avenue
Kingston, PA 18704
(570) 287-3000
MELLON BANK, NA, now
by assignment, CITIZENS BANK OF
PENNSYL V ANlA
ATTORNEY FOR Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
CML ACTION - LAW
BENJAMIN L. TABOR and JESSIE L. TABOR:
MORTGAGE FORECLOSURE
Defendants
NO. 05-980
NOTICE OF SHERIFF'S SALE OF REAL ESTA TE
TO: Benjamin L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Jessie L. Tabor
20435 Moss Bend Court
Litz, FL 33558
NOTICE IS HEREBY GIVEN that by virtue of the above-captioned writ of execution
issued under the above-captioned judgment directed to the sheriff of Cumberland County, there
will be exposed to public sale, by venue or outcry to the highest and best bidder, for cash, in the
Courthouse, in the Carlisle, Cumberland County, Pennsylvania, on December 7, 2005, at 10:00
a.m., in the forenoon of the said day, all your right, title and interest in and to all the certain piece
ofland or parcel oflate situate in Cumberland Borough, Cumberland County, Pennsylvania, the
same more particularly described in Cumberland County deed book 13 5 page 615.
NOTICE IS HEREBY GIVEN to all claimants and parties in interest that the sheriff will
within thirty (30) days thereafter file a schedule of distribution in his office, where the same will
675670.1
be available for inspection and that distribution will be made in accordance with this schedule
unless exceptions are filed thereto within ten (10) days thereafter.
Respectfully submitted,
HOURIGAN, KLUGER & QUINN, P.C.
~~
By:
600 Third Avenue
Kingston, PA 18704
Telephone: (570) 287-3000
Facsimile: (570) 287-8005
James T. Shoemaker, Esquire
J.D. No. 63871
Counsel for the plaintiff
675670.1
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BY VIRTUE OF A WRIT OF EXECUTION NO. OF ISSUED OUT OF THE COURT OF
COMMON PLEAS OF LUZERNE COUNTY, DIRECTED TO ME, THERE WILL BE EXPOSED TO PUBLIC
SALE, BY VENDUE OR OUTCRY TO THE IDGHEST AND BEST BIDDERS, FOR CASH, IN THE
COURTHOUSE, IN THE CARLISLE, CUMBERLAND COUNTY, PENNSYL V ANlA, ON DECEMBER 7, 2005,
AT 10:00 A.M. IN THE FORENOON OF THE SAID DAY, ALL THE RIGHT, TITLE AND INTEREST OF THE
DEFENDANTS IN AND TO
ALL those two (2) certain contiguous tracts ofland situate in the Borough of New Cumberland,
County of Cumberland and State of Pennsylvania, bounded and described as follows:
Tract No.1
BEING Lot No. 12, Section "B", in the Plan of Lots known as Westover Gardens, said Plan being
recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 2, page
85; said lot having a frontage of 50 feet on the East side of Warren Street and extending back with increasing
width 115 feet to Lot No. 16, Section "G"; being bounded on the North by Lot No. L1, Section "G", and on
the East by Lot No. 16, Section "G", on the South by Lots Nos. 14 and 13, Section "G", and on the West
by Warren Street.
HAVING thereon erected a brick and frame split level dwelling known as 1603 Warren Street.
BEING the same premises which Wilbert E. Stremmel and Kathryn B. Stremmel, his wife, by Deed
dated January 30, 1967 and recorded in Deed Book f, Volume 22, Page 814, conveyed to MaJjorie B.
Rakestraw.
Trace No.2
BEGlNNlNG at a point on the Western line of Manor Heights Avenue, an unopened street shown
on the hereinafter mentioned Plan of Lots, said point being at a distance of one hundred (100) feet measured
in the Northerly direction along the Western line of Manor Heights Avenue from the Northern line of
Sixteenth Street and said point being on the dividing line between Lots Nos. 15 and 16, Block G, on said
Plan of Lots; thence along said dividing line and the dividing line between Lots Nos. 15 and 16, Block G
on said plan, South 48 degrees 38 minutes West one hundred fifteen (115) feet to a point on the dividing lint
between Lots Nos. 12 and 16, Block G on said Plan; thence along said last mentioned division line, North
41 degrees 47 minutes West sixty and eight- four one-hundredths (60.84) feet to a point on the dividing line
between Lots Nos. 16 and 17, Block G on said Plan; thence along said last mentioned dividing line North
48 degrees 13 minutes East one hundred fifteen (115) feet to the Western line of manor Heights Avenue;
thence along the Western line of Manor Heights Avenue, South 41 degrees 47 minutes East sixty-one and
sixty-seven one-hundredths (61.67) feet to the point or place ofBEGlNNING.
BEING Lot No. 16, Block G on the Plan of Westover Gardens, said Plan being recorded in the
Cumberland County Recorder's Office in Plan Book 3, Page 50.
BEING the same premises which Dauphin Deposit Trust Company, by Deed dated July 24, 1970,
recorded in Deed Book T, Volume 23, Page 416, conveyed to MaJjorie B. Rakestraw.
675672
The above tracts are sold subject to easements, reservations and restrictions of record.
TOGETHER with all and singular, the buildings, improvements, rights, liberties, privileges,
hereditaments and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the
reversions and remainders, rents, issues and profits thereof; also the estate, right, title and interest
whatsoever, ofthe said Grantor at and immediately before the time her decease, in law, equity or otherwise,
however, of in, to or out of the same.
TO HAVE AND TO HOLD the said described messuage or tenement and tract of land, with its
hereditaments, and premises hereby granted or mentioned, or intended so to be, with the appurtenances, unto
the said Grantees, their heirs and assigns, to the only proper use and behoof ofthe said Grantees, their heirs
and assigns, forever.
AND the said Grantor does covenant, promises, grant and agree, to and with the said Grantees, their
heirs and assigns, by these presents, that he has not heretofore done or committed, or knowingly or willingly
suffered to be done or committed, any act, matter or thing whatsoever, whereby the premises hereby granted,
or any part thereof, is, are shall or may be impeached, charged or encumbered, in title, estate, or otherwise
howsoever.
BEING the same premises which John M. Eakin, Executor of the Last Will and Testament of
MaIjorie B. Rakestraw dated September 30, 1991 and recorded October 7, 1991 in the Recorder of Deeds
Office in and for Cumberland County, Permsylvania, in Deed Book 135, Page 615, granted and conveyed
unto Benjamin L. Tabor, Jr. And Jessie L. Tabor, his wife, the grantors herein.
THE PROPERTY IDENTIFICATION NUMBER OF THE ABOVE DESCRffiED PARCEL IS
26-23-0541-013
This property is improved with a residential dwelling.
ADDRESS: 1603 Warren St.
New Cumberland Borough, P A
NOTICE IS HEREBY GWEN TO CLAIMANTS AND PARTIES IN INTEREST THAT THE SHERIFF
WILL, WITHIN THIRTY DAYS THEREAFTER, FILE A SCHEDULE OF DISTRffiUTION IN HIS
OFFICE, WHERE THE SAME WILL BE AVAILABLE FOR INSPECTION AND THE DISTRffiUTION
WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED
THERETO WITHIN TEN DAYS THEREAFTER.
SEIZED AND TAKEN INTO EXECUTION AT THE SUIT OF MELLON BANK, N.A., NOW BY
ASSIGNMENT, CITIZENS BANK OF PENNSYLVANIA, AGAINST BENJAMIN L. TABOR AND
JESSIE L. TABOR WILL BE SOLD BY :
SHERIFF OF CUMBERLAND COUNTY
HOURIGAN, KLUGER & QUINN, P.C.
Attorney for Plaintiff
675672.]
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
ATTORNEY FOR Plaintiff
LAW OFFICES
600 THIRD AVENUE
KINGSTON, PA 18704
(570) 287.3000
MELLON BANK, N.A., now
by assignment, CITIZENS BANK OF
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
CIVIL ACTION - LAW
BENJAMIN L. TABOR and JESSIE L. TABOR:
MORTGAGE FORECLOSURE
Defendants
NO. 05-980
AFFIDAVIT OF SERVICE
1, James T. Shoemaker, Esquire, being duly sworn according to law, depose and state as follows:
I. That I am the attorney for the plaintiff in the above-captioned matter.
2. That on November 4,2005, a notice of sheriffs sale was sent to:
Benjamin L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Jessie L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Mellon Bank, N.A., nib/a
Citizens Bank of Pennsylvania
525 William Penn Place
Room 153-2720
Pittsburgh, P A 15219-1727
Mellon Bank, N.A.
Business Banking Loan Center
Two Mellon Bank Center
Room 152-0350
Pittsburgh, PA 15259-0001
690511.1
Citizens Bank of Pennsylvania
PO Box 3080
Pittsburgh, PA 15230-3080
Cumberland County Tax Claim Bureau
Courthouse
One Courthouse Square
Carlisle, P A 17013
Cumberland County Domestic Relations
Courthouse
One Courthouse Square
Carlisle, P A 17013
New Cumberland Borough Tax Collector
Robin Gasperetti
1113 Bridge St.
New Cumberland, P A 17070
New Cumberland Borough
1120 Market St., PO Box 220
New Cumberland, P A 17070
Linda Tappan
Andrew C. Sheely, Esquire
127 South Market Street
Post Office Box 95
Mechanicsburg, PA 17055
A true and correct copy ofthe certificate of mailing is attached hereto and made a part hereof and
marked Exhibit "A".
~5
By:
James T. Shoemaker, Esquire
J.D. No. 63871
Counsel for the Plaintiff, MeHon Bank, N.A., now by
assignment, Citizens Bank of Pennsylvania
Sworn to and subscribed
before me this 4th day
of November, 2005.
COMMONWeALTH OF PENNSYlVANIA
NOTARIAl SEAL
ROSEMARIE MeCOy, NOTARY PUBLIC
W1LKEHARIlE, LUZERNE COUNTY
MY COMMISSION EXPIReS MAR. S. 2009
69051 Ll
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
Affix fee here in stamps or meter
postage and post mark. Inquire of
Postmaster for cuneot fee.
MAYBE USED FOR DOMESTIC AND INTERNATIONAL .
MAIL, DOES NOT PROVIDE FOR INSURANCE.POSTMASTER
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JAMES T. SHOEMAKER, ESQUIRE
HOURIGAN. KLUGER & QUINN, P.c.
600 Third Avenue
Kingston, PA 18704
ONE PIECE OF ORDINARY MAIL ADDRESSED TO..
Benjamin L Tabor
20435 Moss Bend Court
Lutz, FL 33558
PS FORM 3817, Mar. 1989
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
Artix fee here in stamps or meter
postage and post mark. Inquire of
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MAYBE USED FOR DOMESTIC AND INTERNATIONAL
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600 Third Avenue
Kingston, PA 18104
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20435 Moss Bend Court
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JAMES T SHOEMAKER, ESQUIRE
HOURIGAN, KLUGER & QUINN, P.c.
WO Third Avenue
Kingston, PA 18704
ONE PIECE OF ORDINARY MAIL ADDRESSED TO
Citizens Bank of Pennsylvania
525 William Penn Place
Room 153-2720
Pittsburgh, P A 152 I 9, 1727
PS FORM 3817, Mar. 1989
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
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postage and post mark. Inquire of
Postmaster for current fee.
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HOURIGAN, KLUGER & QUINN, P.c.
600 Third Avenue
Kingston, P A 18704
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Mellon Bank, N.A.
Business Banking Loan Center
Two Mellon Bank Center
Room 152,0350
Pittsburgh, P A J 5259-000 1
PS FORM 3817, Mar. 1989
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JAMES T. SHOEMAKER. ESQUIRE
HOURIGAN. KLUGER & QUINN. P.c.
600 Third Avenue
Kingston, PA 18704
ONE PIECE OF ORDINARY MAIL ADDRESSED TO,
Citizens Bank of Pennsylvania
P.O. Box 3080
Pittsburgh, PA 15230,3080
PS FORM 3817, Mar. 1989
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
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RECEIVED FROM,
JAMES T SHOEMAKER, ESQUIRE
HOURlGAN, KLUGER & QUINN, P.c.
600 Third Avenue
Kingston, PA 18704
ONE PIECE OF ORDINARY MAIL ADDRESSED TO,
Cumberland County Tax Claim Bureau
Courthouse
One Courthouse Square
Carlisle, PAl 70 13
PS FORM 3817, Mar. 1989
u.s. POSTAL SERVICE
CERTIFICATE OF MAILING
Affix fee here in stamps or meter
postage and post mark. Inquire of
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RECEIVED FROM,
JAMES T. SHOEMAKER, ESQUIRE
HOURlGAN, KLUGER & QUINN, P.c.
600 Third Avenue
Kingston, PA 18704
Cumberland County Domestic Relations
Courthouse
One Courthouse Square
Carlisle, Pa 17013
PS FORM 3817, Mar. \989
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
Afnx fee here in stamps or meter
postage and post mark. Inquire of
Postmaster fOT current fee,
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JAMES T. SHOEMAKER. ESQUIRE
HOURlGAN, KLUGER & QUINN. Pc.
600 Third Avenue
Kingston, PA 18704
New Cumberland Borough Tax Collector
Robin Gasperetti
1113 Bridge St.
New Cumberland, P A 17070
PS FORM 3817, Mar. 1989
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
MAYBE USED FOR DOMESTIC AND INTERNA TlONAL ~
MAIL. DOES NOT PROVIDE FOR INSURANCE.POSTMASTER
RECEIVED FROM;
JAMES T SHOEMAKER, ESQUIRE
HOURIGAN, KLUGER & QUINN. P.C
600 Third Avenue
Kingston, PA 18704
ONE PIECE OF ORDINARY MAIL ADDRESSED TO;
New Cumberland Borough
Linda Tappan
1120 Market St.
P.O. Box 220
New Cumberland, PA 17070
PS FORM 3817, Mar. 1989
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
MA Y BE USED FOR DOMESTIC AND INTERNATIONAL
MAIL. DOES NOT PROVIDE FOR INSURANCE.POSTMASTER
RECEIVED FROM;
JAMES T. SHOEMAKER, ESQUIRE
HOURIGAN, KLUGER & QUINN, P.C
600 Third Avenue
Kingston, PA 18704
ONE PIECE OF ORDINARY MAIL ADDRESSED TO;
Andrew C. Sheely, Esquire
127 South Market St.
P.O. Box 95
Mechanicsburg, P A 17055
PS FORM 3817, Mar. 1989
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Citizens Bank ofP A is the grantee the same having been sold to said
grantee on the 7th day ofDec A.D., 2005, under and by virtue of a writ Execution issued on the 16th day
of Aug, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number
980, at the suit of Mellon Bank N A against Beniamin L Tabor & Jessie L is duly recorded in Sheriffs
Deed Book No. 272, Page 3169.
IN TESTIMONY WHEREOF, I ha~reunto set my hand
and seal of said office this 0" day of
L'd&'
I
c der of Deeds
. Cumberland COunty, Carlisle, p,t,
Expires the FirslMondey of Jan.allIlI
il (!)IA
Mellon Bank, NA, now assignment
Citizens Bank of Pennsylvania
VS
Benjamin L. Tabor & Jessie L. Tabor
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2005-980 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the above Real Estate Writ, Notice of Sheriffs Sale and Description in the
following manner: The Sheriff mailed by certified mail, return receipt requested,
restricted delivery, deliver to addressee only, a true and correct copy of the within action
to the within named defendants, to wit: Benjamin L. Tabor and Jessie L. Tabor, at their
last known address of20435 Moss Bend Court, Lutz, FL 33558. These letters were
mailed on September 8, 2005. The letters were received by Benjamin L. Tabor and Jessie
L. Tabor on September 23, 2005. The return receipt cards were signed by Jessie Tabor,
and retumed to the Sheriffs Office.
Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states
that on October 12, 2005 at I :25 o'clock P.M., he posted a true copy ofthe within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Benjamin L. Tabor and Jessie L. Tabor located at 1603 Warren Street, New
Cumberland, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendants, to wit: Benjamin L. Tabor and Jessie L. Tabor, by regular mail to their last
known address of20435 Moss Bend Court, Lutz, FL 33558. These letters were mailed
under the date of October 06, 2005 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on December 7, 2005 at 10:00 o'clock A.M. He sold the same for
the sum of$1.00 to Attorney James T. Shoemaker for Citizens Bank of Pennsylvania. It
being the highest bid and best price received for the same, Citizens Bank of Pennsylvania
of 525 William Penn Place - 153-2720, Pittsburgh, P A 15219-1727, being the buyer in
this execution, paid to SheriffR. Thomas Kline the sum of $2,026.72.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
$30.00
13.02
30.00
30.00
30.00
10.00
.50
1.00
Mileage
Certified Mail
Levy
Surcharge
Postage
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff's Deed
16.32
11.94
30.00
40.00
1.11
1,037.00
632.72
20.89
25.00
40.50
$2,000.00
Sworn and subscribed to before me
200', A.D.
So Answers:
r~~
R. Thomas Kline, Sheriff
BY, )(;df~.\/l/;:dh
Real Estate ergeant
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HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
ATTORNEY FOR Plaintiff
LAW OFFICES
600 Third Avenue
Kingston, PA 18704
(570) 287.3000
MELLON BANK, N.A., now
by assignment, CITIZENS BANK OF
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
vs.
CMLACTI0N -LAW
BENJAMIN L. TABOR and JESSIE L. TABOR:
MORTGAGE FORECLOSURE
Defendants
NO. 05-980
AFFIDAVIT PURSUANT TO RULE 3129.1
The plaintiff in the above action sets forth as of the date the praecipe for writ of execution was filed
the following information concerning the real property located at 1603 Warren St., Cumberland Borough,
Cumberland County, Pennsylvania, as more particularly described in Exhibit "A" attached hereto.
I. Name and address of owners:
Benjamin L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Jessie L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
675674.1
2. Name and address of defendants in the judgment:
Benjamin L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Jessie L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Mellon Bank, N.A., nba Citizens Bank of Pennsylvania
525 William Penn Place
153-2720
Pittsburgh, PA 15219-1727
Mellon Bank, N.A.
Business Banking Loan Center
Two Mellon Bank Center
Room 152-0350
Pittsburgh, PA 15259-0001
Citizens Bank of Pennsylvania
PO Box 3080
Pittsburgh, P A 15230-3080
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any interest in or record lien on the property
and whose interest may be affected by the sale:
Cumberland County Tax Claim Bureau
Courthouse
One Courthouse Square
Carlisle, P A 17013
6. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Cumberland County Domestic Relations
Courthouse
One Courthouse Square
Carlisle, P A 17013
New Cumberland Borough Tax Collector
Robin Gasperetti
1113 Bridge St.
New Cumberland, P A 17070
675674.1
New Cumberland Borough
1120 Market St., PO Box 220
New Cumberland, P A 17070
Linda Tappan
1 verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 PA C.S. ~4904 relating to unsworn falsification to authorities.
HOURIGAN, KLUGER & QUINN, P.c.
By:
"-..7~
James T. Shoemaker, Esquire
Attorney for the plaintiff
Dated: ~nlnd J" , 2005
675674.1
ALL those two (2) certain contiguous tracts ofland situate in the Borough of New Cumberland,
County of Cumberland and State of Pennsylvania, bounded and described as follows:
Tract No. 1
BEING Lot No. 12, Section "B", in the Plan of Lots known as Westover Gardens, said Plan being
recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 2, page
85; said lot having a frontage of 50 feet on the East side of Warren Street and extending back with increasing
width 115 feet to Lot No. 16, Section "G"; being bounded on the North by Lot No. Ll, Section "G", and on
the East by Lot No. 16, Section "G", on the South by Lots Nos. 14 and 13, Section "G", and on the West
by Warren Street.
HAVING thereon erected a brick and frame split level dwelling known as 1603 Warren Street.
BEING the same premises which Wilbert E. Stremmel and Kathryn B. Stremmel, his wife, by Deed
dated January 30, 1967 and recorded in Deed Book f, Volume 22, Page 814, conveyed to Marjorie B.
Rakestraw.
Trace No.2
BEGINNING at a point on the Western line of Manor Heights Avenue, an unopened street shown
on the hereinafter mentioned Plan of Lots, said point being at a distance of one hundred (100) feet measured
in the Northerly direction along the Western line of Manor Heights Avenue from the Northern line of
Sixteenth Street and said point being on the dividing line between Lots Nos. 15 and 16, Block G, on said Plan
of Lots; thence along said dividing line and the dividing line between Lots Nos. 15 and 16, Block G on said
plan, South 48 degrees 38 minutes West one hundred fifteen (115) feet to a point on the dividing lint between
Lots Nos. 12 and 16, Block Gon said Plan; thence along said last mentioned division line, North 41 degrees
47 minutes West sixty and eight-four one-hundredths (60.84) feet to a point on the dividing line between Lots
Nos. 16 and 17, Block G on said Plan; thence along said last mentioned dividing line North 48 degrees 13
minutes East one hundred fifteen (115) feet to the Western line of manor Heights Avenue; thence along the
Western line of Manor Heights Avenue, South 41 degrees 47 minutes East sixty-one and sixty-seven one-
hundredths (61.67) feet to the point or place of BEGINNING.
BEING Lot No. 16, Block G on the Plan of Westover Gardens, said Plan being recorded in the
Cumberland County Recorder's Office in Plan Book 3, Page 50.
BEING the same premises which Dauphin Deposit Trust Company, by Deed dated July 24, 1970,
recorded in Deed Book T, Volume 23, Page 416, conveyed to Marjorie B. Rakestraw.
The above tracts are sold subject to easements, reservations and restrictions of record.
TOGETHER with all and singular, the buildings, improvements, rights, liberties, privileges,
hereditaments and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the
675672
reversions and remainders, rents, issues and profits thereof; also the estate, right, title and interest
whatsoever, of the said Grantor at and immediately before the time her decease, in law, equity or otherwise,
however, of in, to or out of the same.
TO HAVE AND TO HOLD the said described messuage or tenement and tract of land, with its
hereditaments, and premises hereby granted or mentioned, or intended so to be, with the appurtenances, unto
the said Grantees, their heirs and assigns, to the only proper use and behoof of the said Grantees, their heirs
and assigns, forever.
AND the said Grantor does covenant, promises, grant and agree, to and with the said Grantees, their
heirs and assigns, by these presents, that he has not heretofore done or committed, or knowingly or willingly
suffered to be done or committed, any act, matter or thing whatsoever, whereby the premises hereby granted,
or any part thereof, is, are shall or may be impeached, charged or encumbered, in title, estate, or otherwise
howsoever.
BEING the same premises which John M. Eakin, Executor of the Last Will and Testament of
MaIjorie B. Rakestraw dated September 30, 1991 and recorded October 7, 1991 in the Recorder of Deeds
Office in and for Cumberland County, Pennsylvania, in Deed Book 13 5, Page 615, granted and conveyed unto
Benjamin L. Tabor, Jr. And Jessie L. Tabor, his wife, the grantors herein.
THE PROPERTY IDENTIFICATION NUMBER OF THE ABOVE DESCRffiED PARCEL IS
26-23-0541-013
This property is improved with a residential dwelling.
ADDRESS: 1603 Warren St.
New Cumberland Borough, P A
EXHffiIT "A"
677327.1
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
A HORNEY FOR Plaintiff
LAW OFFICES
600 Third Avenue
Kingston, PA 18704
(570) 287-3000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
MELLON BANK, N.A., now
by assignment, CITIZENS BANK OF
PENNSYLVANIA
Plaintiff
vs.
CIVIL ACTION - LAW
BENJAMIN L. TABOR and JESSIE L. TABOR:
MORTGAGE FORECLOSURE
Defendants
NO. 05-980
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Benjamin L. Tabor
20435 Moss Bend Court
Lutz, FL 33558
Jessie L. Tabor
20435 Moss Bend Court
Litz, FL 33558
NOTICE IS HEREBY GIVEN that by virtue of the above-captioned writ of execution
issued under the above-captioned judgment directed to the sheriff of Cumberland County, there
will be exposed to public sale, by venue or outcry to the highest and best bidder, for cash, in the
Courthouse, in the Carlisle, Cumberland County, Pennsylvania, on December 7,2005, at 10:00
a.m., in the forenoon of the said day, all your right, title and interest in and to all the certain piece
ofland or parcel oflate situate in Cumberland Borough, Cumberland County, Pennsylvania, the
same more particularly described in Cumberland County deed book 135 page 615.
NOTICE IS HEREBY GIVEN to all claimants and parties in interest that the sheriff will
within thirty (30) days thereafter file a schedule of distribution in his office, where the same will
675670.1
WRIT OF EXECUTION and/or A TT ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-980 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MELLON BANK, N.A., NOW BY ASSIGNMENT,
CITIZENS BANK OF PENNSYLVANIA, Plaintiff (s)
From BENJAMIN L. TABOR AND JESSIE L. TABOR
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof:
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $235,309.85 L.L. $.50
Interest ACCRUED INTEREST FROM 2/2/05 THROUGH 1217105 (PER DIEM $35.93) - $11,066.44
Atty's Comm 20% $49,275.25 Due Prothy $1.00
Atty Paid $137.05 Other Costs
Plaintiff Paid
(Seal)
~~
Prot onotary, 7
By:
Date: AUGUST 16, 2005
Deputy
REQUESTING PARTY:
Name JAMES T. SHOEMAKER, ESQUIRE
Address: 600 THIRD AVENUE
KINGSTON, P A 18704
Attorney for: PLAINTIFF
Telephone: 570-287-3000
Supreme Court ID No. 63871
.
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Real Estate Sale # 19
On September 01, 2005 the Sherifflevied upon the
defendant's interest in the real property situated in
New Cumberland Borough, Cumberland County, PA
Known and numbered as 1603 Warren Street,
New Cumberland, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: September 01, 2005
By: 0c ClL/,Jt-u..ztil
Real Estate Sergeant
~
~
~
~
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esqnire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of aU legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the foUowing dates,
V1Z:
October 14, 21, 28, 2005
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that aU aUegations in the foregoing
statements as to time, place and character of publication are true.
.J
SW 0 AND SUBSCRffiED before me this
28 day of October. 2005
~~~):i.7!~7~/A./
NOTARIA. SEAL J
LOIS E. SNYDER. Notary PubliC
(.dd. Boro, Cumberland County
b.z:~:~\on .Exp;(:o ~i~~::::~.
REAL ESTATE SALE NO. 19
Writ No. 2005-980 Civil
Mellon Bank. N.A., now by
assignment Citizens Bank of
Pennsylvania
VS.
Benjamin L. Tabor and
Jessie L. Tabor
Atty.: James Shoemaker
ALL those two (2) certain con-
tiguous tracts of land situate in the
Borough of New Cumberland.
County of Cumberland and State of
Pennsylvania, bounded and de-
scribed as follows:
Tract No. 1
BEING Lot No. 12. Section -8",
in the Plan of Lots known as
Westover Gardens. said Plan being
recorded in the Office of the Re-
corder of Deeds of Cumberland
County, Pennsylvania, in Plan Book
2. page 85; said lot having a front-
age of 50 feet on the East side of
Warren Street and extending back
with increasing width 115 feet to
Lot No. 16. Section "G"; being
bounded on the North by Lot No.
Ll, Section "G". and on the East by
Lot No. 16. Section "G", on the
South by Lots Nos. 14 and 13, Sec-
tion "G", and on the West by War-
ren Street.
HAVING thereon erected a brick
and frame split level dwelling known
as 1603 Warren Street.
BEING the same premises which
Wilbert E. Stremrnel and Kathryn
B. Stremmel, his Wife, by Deed
dated January 30, 1967 and re-
corded in Deed Book f, Volume 22,
Page 814, conveyed 1.0 Marjorie B.
Rakestraw.
Tract No. 2
BEGINNING at a point on the
Western line of Manor Heights Av-
enue, an unopened street shown on
the hereinafter mentioned Plan of
Lots, said point being at a distance
of one hundred (I 00) feet measured
in the Northerly direction along the
Western line of Manor Heights Av-
enue from the Northern line of Six-
teenth Street and said point being
on the dividing line between Lots
Nos. 15 and 16, Block G, on said
Plan of Lots: thence alon~ said di-
viding line and the dividing line be-
tween Lots Nos. 15 and 16. Block
G on said plan, South 48 degrees
38 minutes West one hundred fif-
teen (II5) feet to a point on the di-
viding lint between Lots Nos. 12 and
16. Block G on said Plan: thence
along said last mentioned division
line, North 41 degrees 47 minutes
West sixty and eight-four one-hun-
dredths (60.84) feet to a point on
the dividing line between Lots Nos.
16 and 17, Block G on said Plan;
thence along said last mentioned
dividing Hne North 48 degrees 13
minutes East one hundred fifteen
(115) feet to the Western line of
manor Heights Avenue: thence along
the Western line of Manor Heights
Avenue, South 41 degrees 47 min-
utes East sixty-one and sixty-seven
one-hundredths (61.67} feet to the
point or place of BEGINNING.
BEING Lot No. 16. Block G on
the Plan of Westover Gardens, said
Plan being recorded in the Cumber-
land County Recorder's Omce in
Plan Book 3. Page 50.
BEING the same premises which
Dauphin Deposit Trust Company,
by Deed dated July 24, 1970, re-
corded in Deed Book T. Volume 23,
Page 416. conveyed to MaJjOlie B.
Rakestraw.
The above tracts are sold sub-
ject to easements, resenrations and
restrictions of record.
TOGETHER with all and singu-
lar. the buildings. improvements.
rights, liberties. privileges, heredUa-
mentsand appurtenances whatso-
ever thereunto belonging. or in any
wise appertaining. the reversions
and remainders, rents, issues and
profits thereof; also the estate. right.
title and interest whatsoever. of the
said Grantor at and immediately
before the time her decease. in law,
equity or otherwise. however, of in,
to or out of the same.
TO HAVE AND TO HOLD the
said described messuage or tene-
ment and tract of land, with its her-
editaments' and premises hereby
granted or mentioned. or intended
so to be. with the appurtenances.
unto the said Grantees. their heirs
and assigns, to the only proper use
and behoof of the said Grantees.
their hefrs and assigns, forever.
AND the sald Grantor does cov-
enant, promises. grant and agre~.
to and with the said Grantees. thelr
heirs and asst~ns. by these pres~
ents. that he has not heretofore
done or committed, or knowingly or
willingly suffered to be done or com-
mitted, any act, matter or t~ing
whatsoever. whereby the premIses
hereby granted. or any part thereof.
. are sha1l or may be impeached.
:harged or encumbered. il1 title.
estate. or otherw1.se howsoever.
BEING the same premises which
John M. Eakin. Executor of the Last
Will and Testament of Marjorie B.
Rakestraw dated September 30.
1991 and recorded October 7. 1991
in the Recorder of Deeds Office in
and for Cumberland County. Penn-
sylvania. in Deed Book 135, Page
615. granted and conveyed unto
Benjamin L. Tabor, Jr. And Jessie
L. Tabor, his wife. the grantors here-
in.
THE PROPERTY IDENTIFICA-
TION NUMBER OF THE ABOVE
DESCRIBED PARCEL IS 26.23.
0541.013.
This property is improved with a
residential dwelling.
ADDRESS: 1603 Warren St., New
Cumberland Borough. PA.
NOTICE tS HEREBY GIVEN to
Claimants and Parties in Interest that
the Sheriff will. within thirty days
thereafter, file a Schedule of Distri-
bution in his office. where the same
will be available for inspection and
the distribution will be made in ac-
cordance with the Schedule unless
exceptions are filed thereto within
ten days thereafter.
SEIZED AND TAKEN INTO EX-
ECUTION AT THE SUIT OF MeHon
Bank. N.A.. now by assignment,
Citizens Bank of Pennsylvania,
against Benjamin L. Tabor and
Jessie L. Tabor and will be sold by
the Sheriff of Cumberland County.
,""-
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16,1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot.
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously publrshed ever
SInce;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday! Metro editions which appeared in the 25th day(s) of October and the 1st and
8th day(s) of November 2005. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
IS _)f a
Terry l. Russell, Notary Public
City of Harnsburg. Dauphin County
My CommisSIon Expires June 6, 2006
// . :'mb,r,p'ZTvan~,~-""l'i'IiOnOINot.rl.'
0~~ ~,;J$4
NOTA YPUBLlC
My commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A. 17013
REAL ESTATE SALE No. 19
WrIt No. 2_ 11IO
CIvIl TMm
Mellon Bani<, N.A., now by
IIII8Ignment CItIzens Bank
01 Pennsylvllnla
VB
Benllllmln L Tabor and
....... L ..-
AlIy:J_ Shoamakar
OESCIlIPTION
ALL d1o&e two (2) certain contiguous \Iact$ cf
land _ in the B.....gh of New CumberlaPd.
County of CumberlauiI and Stale of l'eJmsy1vania.
bounded and described as follows:
11lACT NO. I: BEING Lot No. 12. Sectioo
"B", in the Plan uf l..otr. koown. as Westover
Gardens. saidP1an being recorded in the Office of
the _ of Deeds of Cumberland Couoty,
l'eJmsylvania. in Plan Book 2. page 85; smd 101
ba..mg afrontJtge of SO feet on the East side of
W""" Stnet and emnding back. willi increasing
width 115 f... to Lot No. 16. Sectioo "0" being
bounded on the North by Lot No. Ll, Section ''0'',
andonthe&st by Lot No. 16. Section iJ", OD the
South by Lou Nos. 14 and 13. Section ''0"' ..d
....._"'-- .
___a_""'fnmelplit
Jc.oIdwliIiII_..l603__
BIlIIIG....___-WIIbortE.
_""'-,.B.--,hiowile.by
Deed da1ed January 30, 1961 and recoro..l in
Deed Book f. Volume 22. Page 814, conveyed to
Mar-jorie B. Rakestraw.
1llACT NO.2: BEGINNING at a point on Ibt
Western line of Manor Heights Avenue, an
unopened street shown. on the hereinafter
mentioned Plan of Lots. said point being at a
_ of one bundlcd (100) f... measured in the
Northe.rly direction, along the Western line of
Manor Heights Avenut from the Northern line of
Sixteenth Street and said point being on Ibe
di,jding line between toIs Nos, 15 and 16, Block
G, on said Plan of LoIs; lltence a100g said di,jding
line and the dividing line between LoIs Nos. 15
and 16, B10ck G on said pi... Sooth 48 degre<s 38
minutes West one hundred fifteen (115) feet to a
point on lbe dividing line between Lots Nos. 12
and 16. Block G on said Plan; thence along said
last mentioned division line, North 41 degrees 47
minutes West sixty and eighty four one-
hun_ (60.1.4) feet to a point on the di,jding
line between Lots Nos. 16 and 17, Block G on
said Plan; thence along said last mentioned
dividing line North 48 degrees 13 minutes East
one hundred fiftee'1f\IIJ, II%". IU d\". -. ,.
of Manor \leighti Avenue; Ihent< ah\ng the
Western line of ManN Heights Avenue, South 41
degrees 47 miuutesEast sixty ooe md sixty seveo
one h...AAbs (61.61) feet to the paint or place
of BEGINNING.
BEING Lot No. 16, Block G on the Plan of
Weotover Gardeos, said I'IaD boOlI reconIod in the
Cumberland County Recookr', 0IIia: in Plan
Book 3, Page 50.
BBING the same premises which Dauphin
Deposit Trust Company, by Deed dated July 24,
1970. recorded in Deed. Book T, Volume 23, Page
416, conveyed to MaIjorie B. Rakcstmw.
1be above t(aCtS are sold subject to easements,
reservatiOilSandrestrictionsofrecord.
TOGETHER with all ..d singulM, the
buildiogs. improvemeou, rights, b-',
priweges, _u and _
:wbatsoever thereunto bekmging, or in any wise
appertaining. and the _ and remaiDdrn,
rents, issues and profits thereof; also the esIItc,
right, title and interest whatsoever, of tile Slid
Gt>ntor at and_y hefon:thetimt: alher
decease, in law, equity 01: odlttwise.lIDwtNa, of
in, to or out of the same.
TO HAVE AND TO HOLD the ,~d described
messuage or t:enement and tract of 1and, wifb its
_u, and premises hereby JlWlICd Of"
mentioned,orintendedsorobe,witbthe
_,untothe smdllnutrees, their heirs
and $SigDs, to the only proper use and hdtoof of
the said Grantees.tbeir heirs and assigns, f(RW:f.
AND the saidQrantordoes covenant, promises,
grantandagtee,toandwith1hesaid_.
their heirs and $SigDs, by these P""JIts, Ihat he
has Dot heretofore done or committed. or
knowingly or wiUingly suffered to be done or
conumtted, any act" matter or thing wba1ioever,
wh=by the ~hereby gmn1td, Of"""'f port
thereof, is, are, shan Of may be impcacbcd,
charged or encumbered, in tide, estate, or
olberwisebowsoever.
BEING the same premises which John M.
Eakin. _of the List Will and_t oJ
MaIjorie B. Rakestraw dared Sep-tomher 30, 1991
and recorded October 1, 1991 in the Recorder of
Deeds Office in and for Cumberland County,
Pennsylvania, in Deed Book 135, Page 615,
granted and COlWeyed \mID Benjamin L. Tabor, Jr.
and Jessie L. Tabor, his wife, the grantors herein.
THE PROPERI'Y ideotificalion number of the
abo.. described parcel is 26-23-054HJl3.
This property is improved with a residential
dwelling.
ADDIlESS: 1603 W.... Street, New
Cumhedaod Boroogh. PA.