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HomeMy WebLinkAbout01-5360ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff V, NEWS-CHRONICLE COMPANY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumbedand County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Date: September 10, 2001 KEEFER, WOOD, ALLEN & RAHAL Eugene'S. P~pinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff V, NEWS-CHRONICLE COMPANY Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. MORTGAGE FORECLOSURE NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Date: September 10, 2001 KEEFER, W/O.,OD, ALLEN & RAHAL ~u~je~e E./Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff V. NEWS-CHRONICLE COMPANY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff AIIfirst Bank, successor to Valley Bank and Trust Company, is a Maryland state-chartered commercial bank, with an office at 213 Market Street, Harrisburg, Pennsylvania 17101. 2. Defendant News-Chronicle Company is a Pennsylvania corporation, whose address is P.O. Box 100, Shippensburg, Pennsylvania 17257. 3. The Defendant is the owner of a tract(s) or parcel(s) of land with buildings and other improvements thereon located in the Township of Shippensburg, Cumberland County, Pennsylvania (the "Premises"). hereinafter. 4. The Premises are more fully described On or about February 10, 1989, the Defendant, for good and valuable consideration, executed and delivered a Mortgage Note (the "Note") to Plaintiff. 5. On or about February 10, 1989, the Defendant executed a Mortgage in favor of Plaintiff (the "Mortgage"), which Mortgage was duly recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Mortgage Book 930, page 648. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit A. 6. The failure of the Defendant, among other things, to pay when due and payable the payments under the Note constitutes a "default" as defined under the terms of the Mortgage. 7. The Defendant has failed and refused, among other things, to make payments due and payable under the Mortgage. 8. The terms of the Mortgage provide that upon the occurrence of a default by the Defendant, the Plaintiff may accelerate and demand immediate payment of all sums due under the Mortgage. 9. The sum presently due and payable to Plaintiff by Defendants which is secured by the Mortgage is computed as follows: a. Unpaid Principal b. Accrued Interest through 9/10/01 Attorney's Fees $183,935.69 10. 653.06 c. 27,000.00 TOTAL $ 211.588.75 Notice of the availability of mortgage assistance under the Homeowners Emergency Mortgage Disclosure Act of 1993 ("Act 91 ") was not required. 11. Notice of Intention to Foreclose pursuant to Section 403 of Act 6 was not required. -2- WHEREFORE, Plaintiff demands judgment in the sum of $211,588.75, together with interest as may accrue from and after September 11, 2001, and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Premises. KEEFER, WOOD, ALLEN & RAHAL Date: September 10, 2001 By: Eugene E Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff VERIFICATION The undersigned, Kenneth L. Milliken, hereby verifies and states that: 1. He is Assistant Vice President of AIIfirst Bank, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: September /~ , 2001 Kenneth L. Milliken Form M I Mortgage News-Chronicle Company, a Pennsylvania corporation, having a principal )ffice in Shippensburg, Cumberland County, Pennsylvania, .............. ..................................... qhereinafler, whetheroneor more, cal~ed"Mor~gagor") And Valley Bank and Trust Company (hereinafter called "Mortgagee"), a Pennsylvania Corporation having ils prin- cipal place al business in Chambersburq, Franklin County, Pennsylvania. Whereas, Mortgagor has executed and delivered to Mortgagee a CertaiCn°N~t~erI~o~e (hereinafter called the "Note") of even dale herewith payable to the order of Mortgagee in the principal sum of Two Hundred Fifty Thousand ......... ' .................... Dollars ($ 250,000.~£ lawful money of the United States of America, and has provided therein for payment of any additional moneys loaned or advanced thereunder by Mortgagee, Ioqelher with interest thereon at the rc~te provided in the Note, in the manner and at the times therein set forth, and containing certain other terms and conditions, all of which are specifically incorporated herein by reference; Now, Therefore, Mortgagor, in consideration of said debt or principal sum and as security for the payment of the sm-ne and interest as c~foresaid, together with all other sums payable hereunder or under the terms of the Note, does grant and convey un~o ]V~ortqagee, ils successors and assigns: AB the following described real estate lying and being situate in Shippensburg Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an iron pin at the edge of the concrete on the north side of the Governor Ritner Highway; thence by lands now or formerly of Irvin Smith, North 46 degrees 10 minutes West 180 feet to an iron pin at lands now or formerly of Frank E. Hollar, Jr., and wife; thence by the same, North 43 degrees 50 minutes East 400 feet to an iron pin at lands now or formerly of George Baker and Allan Russell; thence by the same, South 46 degrees 10 minutes East 180 feet to an iron pin at the edge of the concrete of the aforesaid highway; thence by the same, South 43 degrees 50 minutes West 400 feet to an iron pin, the place of beginning. THE above-described real estate is the same which Warren W. Carson and Mary A. Carson, his wife, by deed dated June 20, 1960, recorded in Cumberland County, Pa., Deed Book W, Vol. 19, Page 558, conveyed to the News-Chronicle Company, a Pennsylvania corporation, the Mortgagor herein. LESS, HOWEVER, a small tract of real estate conveyed by the Mortgagor herein to Baker and Russell, Inc., a Pennsylvania corporation, by deed dated Septe~nber 25, 1972, recorded in Cumberland County, Pa., Deed Book Z, Vol. 26, Page 512. ,930 6,'18 ' Togeh~er with lhe buildings and knprowm~onts erec!e,J ~horeon, 9: ? t2vor.~k,ns, remainders, rents, issues and profits thereof. To H~ve And To Hold the s'~me unto Mortgagee, ils successors aud assigns, forever. Provided, However, That if Msrtgagar shall pay to Mori,~agee the oforesaid debt or princip",l sum, im.ludiu:f a;J titioi~.:~] b'2ns or ~.,dvances and ail other sums payable by Mortgagor Io Mortgagee hereunder and under the erms of the Note, bgelher with inlerest thereon, and shall keep and perform each of the other covenants, ccndi- tioes crud a~reemeuts hereinafler set forth, then this Mortgage and the estate hereby granted and conveyed shall become void, This Mortgage is executed and delivered subiect to the follc:wi:~g covenants, condilions and ajreemeuts: (i) The Nolo secured hereby shall evidence and this Mortgagee shall cover and be security for any future ~ mtn o~ ~dvrmces theft ma~ be made by Mortgagee ~o Mo~tgagor at any time ar times herealler and intended by M ;,~ ~a:~u~ ar~ M: ~l~agee ts be s~ evideuced qnd t;ecured, and such leans and advances shall be added ~o Ihe prh:c p~l debt. (2) Frown lime ~o time tmtil said debt and interest are fully paid, Mortgagor shall: (a) pay ~d discharge, when and as the same shall be due ~d ~yable all t~es, assessments, sewer and water rents, and dl o~er ch ~rges and claims assessed or levied from time lo time by any lawful authority upon any ~rt of ~e mortgaged premises and which shall or mfghl have priority in lien or payment ~o ~e debI secured hereby, ~) ~ dl ground rents reserved from ~e mortgaged premises and pay ~d discharge all rnechanlcs' liens which m~ be filed against sa~d premises ~d which shall or might have priority in llen or payment to the debt socked hereby, (c) pay and discharge any documenta~ stamp or ether tax, including interest ~d penalties thereon, if any, now or herec~fte~ becoming payable on ~e Note evidencing the debt s~ured hereby, (d) provide, renew ~d keep alive by paying lhe r~ecessa~y premiums and charges thereon such pollcies of hazard ~d liability instance as Mort- ~:~ge,:2 mdy l~om tm~e to Nme require upon the buildings and hnprovemenls now or hereafter erected upon the morl- :la,ed p~emises, with loss payable clauses in f~or of Morlgagar and Mortgagee as ~eir respective interests may appe';r, and (e)proznptly submil to Mortgagee evidence el the due and punctual payment if all ~e foregoing chnr]es; provided, however, that Mortgagee may at its opliou require that sums sufficient to discharge the fore (3) Mortg-~[~cr shall maintain all buildings and improvemonls subject ~o this Morlgage in good and subst~- thl repair, as de[ermined by Mortgagee. Mortgagee shall have the right to enter upon the mortgaged premises a{ soy reasond}le hour for ~he purpose of inspecting the order, condition crud repair of the buildings and improve menls erecled thereon. (i) In Ih~ evenl Morlgagor neglecls or ~efuses lo pay the char~es mentioned at (2) above, or fails to maintain ~he t,uil ~im~s and in'~provemenls as aforesaid, Mortgagee may do so, add the cost thereof 1o the principal debl seculed hereby, and collect lhe same as a part of said principal debt. (5) Mortgagor covenants aud agrees not to create, nor t}errnit to accrue upon all or any part of the : ortgaqed pr.:,mises, any debt, lien or ch. arge which would be prior to, or on a parity with, the llen of this Mortgage. (6) In case default be made for the space of thirty (30) days in the payment of any installmenl of principal or ih!crest pursuant ~o ~he terms of the Note, or in the performance by Mortgagor of any of the other obligations of the Nde or this Mortgage, the entire unpaid balance of said principal sum, additional loans or advances and all other sums paid by Mortgagee pursuant to the terms of the Note or this Mortgage, together with tmpaid interest thereon, shall al the option of Morlgagee and without notice become immediately due and payable, and fore- closure proceedings may be brought forthwith on lhls Marlgage and proseculed to judgment, execution and sale for the collection of the same, together with costs of suit and an albrney's commission for collec~ior d five per cent (5?9) of ll~e lolal indebtedness. Mortgagor hereby forever waives and releases all errors in s.-~id proceed- ~ngs, waives s~ay of execulbn, the right of inqufsilion and extension of time of payment, agrees t~ condemnation of any property levied upon by virtue of any such execution, and wdves all exmnptions from levy and sale of any property that now is or hereafter may be exempted by law. The covenants, conditions and agreements contained in this Mortgage shall bind, and the benefits thereof shall inure to, the ~especlive parties herelo and their respective heirs, executors, administrators, successors and assigns, and if this Mortgage is executed by more.than one persou, the undertakings and liability of each shall be olnt and several. Witness the due execulion hereof the day and~ year first above written. '~,, i. . N , S-Cn :ON'r ..................... (SEAL) ~.e undeisijn~d officer, ~a:sa-t:,~y, edged himself to be-~?resldent of News-Chronicle Company, Ina., a PA In Witness Whereof. I hereunto set my ha'nd and official seal. My commission expires: Coramonwealth of Pennsylvanla [ County of j SS: On this, the day of , 19 , before me, the undersi :,ned officer, personally appeared s.qtisfactorily proven to me to be the person whose name subscribed to the within Morlgage, and acknowledged that he executed the same for the pta'poses lhereln contclined. In Witness Whereof, I hereunto set my hand and official seal. My commission explres: Cerliflcate of Residence ol Mortgagee Valley Bank m~d Trust Company, Mortgagee within named, hereby certifies that ils principal place of busineg~,fs..at Chambersburg, Pennsylvania. Valley Bonk and Trust Comlxm¥ Recorded in the Otfice of the Rec~qg..order of Deeds in and for aaid County on the I~'~ dayof ~...~ . , 19~, in Mortgage Book ~ Wfmess my h~d and th~said office ~e ~ ~d~resaid. NEWS-CHRONICLE COMPANY, Defendant ALLFIRST BANK, successor to : IN THE COURT OF COMMON PLEAS OF VALLEY BANK AND TRUST COMPANY: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : CIVIL ACTION - LAW : : NO. 01-5360 CIVIL TERM : : MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: ALLFIRST BANK, Plaintiff c/o Eugene E. Pepinsky, Jr., Esquire, its attorney You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. LAW OFFICE OF MICHAEL J. HANFT Richard L. Webber, Jr., Esquire ~, Attorney I.D. No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Defendant ALLFIRST BANK, successor to : IN THE COURT OF COMMON PLEAS OF VALLEY BANK AND TRUST COMPANY: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NEWS-CHRONICLE COMPANY, Defendant CIVIL ACTION - LAW : NO. 01-5360 CIVIL TERM : : MORTGAGE FORECLOSURE ANSWER AND NEW MATTER AND NOW comes the Defendant, New-Chronicle Company, by and through its attorney, Richard L. Webber, Jr., and the Law Office of Michael J. Hanft, and responds to PlaintiWs Complaint as follows: ANSWER 1. Admitted. 2. Admitted. 3. It is admitted that Defendant owns a tract of land with improvements thereon situate in Shippensburg Township, Cumberland County, Pennsylvania. It is denied that Plaintiff's Complaint more fully describes the Premises. 4. Admitted. 5. Admitted. 6. It is admitted that the Note states as such. Any implication that there has been a "default" is denied. 7. Denied. Defendant has made all payments due and payable under the Mortgage; furthermore, Defendant is current with its obligations to Plaintiff. 8. It is admitted that the terms of the Mortgage are as stated. Any implication that Plaintiff is entitled to accelerate the principal balance of the Mortgage and demand immediate payment of all sums due under the Mortgage is denied, for reasons stated in Paragraph 7 above and in New Matter below. 9. Denied. Plaintiff is not entitled to accelerate the remaining principal balance of the Mortgage, for reasons stated in Paragraphs 7 and 8 above and in New Matter below. Defendant denies that there is any accrued interest due through September 10, 2001, as the same has been paid by Defendant. Defendant denies that Plaintiff is entitled to the recovery of any attorney fees and further avers that the amount claimed by Plaintiff is excessive, unreasonable, and inconsistent with the terms of the Mortgage. 10. Admitted. 11. Admitted. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed and that judgment be entered in its favor. Note. 12. 13. 14. NEW MATTER Defendant has made all scheduled payments under the terms of the Mortgage. Defendant is current with respect to ail obligations owing to Plaintiff. Defendant has completely performed its obligations to date under the Mortgage and/or 15. Plaintiff has not incurred any monetary losses on the Mortgage and/or Note. 16. Plaintiffhas, upon request of Defendant, permitted a number of payments to be made by Defendant subsequent to the date that said payments were due. 17. In early 2000, Plaintiff and Defendant agreed to a schedule of repayment with respect to certain payments that were past due. 18. 19. default. Defendant fully complied with the schedule of repayment. Plaintiffhas waived any purported right that it may have with respect to declaring a 20. The Mortgage and Note constitute preprinted forms that were provided by Plaintiff on the date of execution of these documents.. 21. The Mortgage and Note were prepared by Plaintiff. 22. The terms of the Mortgage and Note were not subject to negotiation between the parties prior to execution. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed and that judgment be entered in its favor. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT 'card L. Webber, Jr., Esquire --/~_ Attorney I.D. No. 49634 ~ ~ 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Defendant VERIFICATION I, Clayton L. Johnston, Chief of Operations of the News-Chronicle, hereby verify that the statements set forth in the attached Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. Date: CERTIFICATE OF SERVICE AND NOW, this 15th day of October, 2001, I, Richard L. Webber, Jr., Esquire, hereby certify that I have this day served the following person with a copy of the foregoing ANSWER WITH NEW MATTER by depositing same in the United States First Class Mail, Postage Prepaid, addressed as follows: Eugene E. Pepinsky, Jr., Esquire KEEFER, WOOD, ALLEN & RAHAL 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Richard L. Webber, Jr. ~-~ KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET P. O. BOX 11963 ALLFiRST BANK. successor to VALLEY BANK AND TRUST COMPANY Plaintiff V. NEWS-CHRONICLE COMPANY Defendant 12. Denied. N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5360 CIVIL TERM MORTGAGE FORECLOSURE REPLY TO NEW MATTER By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. 13. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. 14. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. 15. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. 16. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. 17. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. 18. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. 19. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. Denied. The agreed upon business terms were inserted. 20. 21. 22. Admitted. Denied. Defendant chose not to negotiate terms because the documents expressed the parties' mutual understandings and agreement. WHEREFORE, Plaintiff demands judgment in the sum of $211,588.75, together with interest as may accrue from and after September 11, 2001, and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Premises. Date: October/~, 2001 KEEFER, WOOD, ALLEN & RAHAL E u~gen~" E.' Pepin sky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108~1963 (717) 255-8051 Attorneys for Plaintiff VERIFICATION The undersigned, Kenneth L. Milliken, hereby verifies and states that: 1. He is Assistant Vice President of Allfirst Bank, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Dated: October/~, 2001 Kenneth L. Milliken PRAEClPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. (X ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) ALLFIRST BANK, Successor to Bank and Trust (Plaintiff) VS. NEWS-CHRONICLE COMPANY (Defendant) VS. (check one) ( ) Assumpsit ( ) Trespass ( ) Trespass (Motor Vehicle) (X) Mo~bgage foreclosure (other) The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 5360 Civil 2001 Indicate the attorney who will try case for the party who files this praecipe: Eugene E. Pepinsky, Esquire Indicate tria~ counsel for other parties if known: .Richard _L- W~_bb._e~'_ J_rl '_ _~ .s~/u. ~ir._e_ ..... This case is ready for trial. Date: January 28, 2002 Signed; ~, ~--~ ...... ri ~. }~ug~ ~ . P~pLnsky P nt Name ........... Attorney for: Plaintiff ALLFIRST BANK, Plaintiff VS. NEWS-CHRONICLE COMPANY, : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5360 CIVIL CIVIL ACTION - LAW IN RE: NONJURY TRIAL ORDER AND NOW, this day of February, 2002, a pretrial conference in the above captioned matter is set for Monday, March 18, 2002, at 9:00 a.m. in the Chambers of the undersigned. Eugene E. Pepinsky, Esquire For the Plaintiff BY THE COURT, / Hess, J. Richard Webber, Esquire For the Defendant Court Administrator :rim VlK~"I],SNN~d ALLFIRST BANK, Plaimiff VS. NEWS-CHRONICLE COMPANY, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5360 CIVIL CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held this date were Eugene E. Pepinsky, Esquire, attorney for the plaintiff, and Michael J. Hanft, Esquire, attorney for the defendant. This is a mortgage foreclosure action, the question being whether or not the defendant is in default. Mr. Hanft will be taking over represemation of the defendant from RIchard Webber, Esquire. Mr. Pepinsky indicated that another attorney from his finn may try the case. This uncomplicated nonjury trial has been set for Friday, May 3, 2002, at 2:00 p.m. March 18, 2002 ~/~f~gene E. Pepinsky, Esquire - For the Plaintiff J~chael J. Hanft, Esquire /For the Defendant Court Administrator K~. Hess, J. :rim ALLFIRST BANK Plaintiff NEWS-CHRONICLE COMPANY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5360 CIVIL CIVIL ACTION - LAW STIPULATION AND CONSENT TO ENTRY OF JUDGMENT The undersigned hereby stipulate and consent to the Entry of Judgment in favor of Plaintiff and against Defendant for the sum of $185,472.35, representing $172,793.86 principal, $1,178.49 interest and $11,500 attomeys' fees, together with interest as may hereafter accrue and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Mortgaged Premises situate in Shippensburg Township, Cumberland County, Pennsylvania, subject to the following terms and conditions: 1. Plaintiff will not issue execution on this Judgment until after July 1,2002, provided that Defendant makes monthly principal and interest payments timely. 2. Defendant will furnish to Plaintiff all required financial statements and information by June 7, 2002. 3. Defendant will provide Plaintiff access to the Mortgaged Premises on or after July 1, 2002, at ail reasonable times, to perform environmental audits, appraisals and other inspections. 4. Defendant will not oppose or otherwise hinder Plaintiff's efforts to execute on this Judgment and proceed to a Sheriff's Sale, provided that Plaintiff will not file execution papers more than fourteen (14) Business Days pdor to the Sheriff's cut-off date. Date: May 3, 2002 KEEFER WOOD ALLEN & RAHAL, LLP By: Eu e~_n ~--~:ugene I::. I-"ep~s'~ky~ Jr. Attorneys for Plaintiff HANFT & KNIGHT, P.C. Date: May 3, 2002 By: ..~ ~ M~chael J Hanft, Attorneys for Defendant Approved by the Court this :&~ day of May, 2002. BY THE COURT Kevin yHess, J. / IN THE COURT OF PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA CIVIL DIVISION ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff(s) VS. NEWS-CHRONICLE COMPANY Defendant(s) Writ No. 01-5360 CIV (TO BE COMPLETED BY ATTORNEY) Amount $185,442.35 Interest - - - Costs (TO BE COMPLETED BY PROTHONOTARY) Plaintiff Attorney Sheriff : This Writ PRAEClPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY OF THE SAID COURT: Issue writ of execution in the above captioned case. DATE: September 6, 2002 Signature:~-~-~' "' --J. Print Name: Eugehe/~ky, Jr., Esquire Address: 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17101 Attorney for: Plaintiff Telephone: (717) 255-8051 Supreme Coud ID No.: 23702 WRIT OF EXECUTION - MORTGAGE FORECLOSURF COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary By: , Deputy A~ the following described real estate lying and being situate in Shippensburg Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at an iron pin at the edge of the concrete on the north side of the Governor Ritner Highway; thence by lands now or formerly of Irvin Smith, North 46 degrees 10 minutes West 180 feet to an iron pin at lands now or formerly of Frank E. Hollar, Jr., and wife; thence by the same, North 43 degrees 50 minutes East 400 feet to an iron pin at lands now or formerly of George Baker and Allan Russell; thence by the same, South 46 degrees 10 minutes East 180 feet to an iron pin at the edge of the concrete of the aforesaid highway; thence by the same, South 43 degrees 50 minutes West 400 feet to an iron pin, the place of beginning. THE above-described real estate is the same which Warren W. Carson and Mary A. Carson, his wife, by deed dated June 20, 1960, recorded in Cumberland County, Pa., Deed Book W, Vol. 19, Page 558, conveyed to the News-Chronicle Company, a Pennsylvania corporation, LESS, HOWEVER, a small tract of real estate conveyed by the Mortgagor herein to Baker and Russell, Inc., a Pennsylvania corporation, by deed dated September 25, 1972, recorded in Cumberland County, Pa., Deed Book Z, Vol. 26, Page 512. ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff NEWS-CHRONICLE COMPANY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5360 CIVIL MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Keefer Wood Allen & Rahal, LLP sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1011 Ritner Highway, Route 11 North, Shippensburg, Cumberland County, Pennsylvania. 1. Name and address of the Owner(s) or Reputed Owner(s): News-Chronicle Company P.O. Box 100 Shippensburg, PA 17257 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: News-Chronicle Company P.O. Box 100 Shippensburg, PA 17257 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold. A. PLAINTIFF HEREIN 4. Name and address of last recorded holder of every mortgage of record: A. PLAINTIFF HEREIN property: Name and address of every other person who has any record lien on the None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and .address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 6, 2002 KEEFER WOOD ALLEN & RAHAL, LLP By: Eu~~~ E Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 ALLFIRST BANK, successor to VALLEY : BANK AND TRUST COMPANY : Plaintiff NEWS-CHRONICLE COMPANY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5360 CIVIL MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: TIME: LOCATION: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 4, 2002 10:00 a.m. Commissioner's Hearing Room Cumberland County Courthouse High and Hanover Streets Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED). The LOCATION of your property to be sold is: 1011 Ritner Highway, Route 11 North, Shippensburg, PA The JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 01-5360 CIVIL The NAME(S) Of THE OWNER(S) OR REPUTED OWNER(S) of this property is (are): NEWS-CHRONICLE COMPANY A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that we are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOI I, IT MAY CAUSE YOUR PROPERTY TO BE HELD~ TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office .- Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. Dated: September 6, 2002 KEEFER WOOD ALLEN & RAHAL, LLP By: Eugene. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 IN THE COURT OF PLEAS OF CUMBERLAND COUNTYt PENNSYLVANIA CIVIL DIVISION ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff(s) VS. NEWS-CHRONICLE COMPANY Defendant(s) Writ No. 01-5360 CIV (TO BE COMPLETED BY ATTORNEY) Amount $185,442.35 Interest --- : Costs (TO BE COMPLETED BY PROTHONOTARY} Plaintiff Attorney Sheriff This Walt PRAEClPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-318-~ TO THE PROTHONOTARY OF THE SAID COURT: Issue writ of execution in the above captioned case. DATE: September 6, 2002 Signature: ~---~' ' J Print Name: E~uge~E. ~in~ky, Jr., Esquire Address: 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17101 Attorney for: Plaintiff Telephone: (717) 255-8051 Supreme Court ID No.: 23702 WRIT OF EXECUTION - MORTGAGE FORECLOSURF COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary By:, , Deputy A~ the following described real Shippensburg Township, Cumberland limited as follows: estate lying and being situate in County, Pennsylvania, bounded and BEGINNING at an iron pin at the edge of the concrete on the north side of the Governor Ritner Highway; thence by lands now or formerly of Irvin Smith, North 46 degrees 10 minutes West 180 feet to an iron pin at lands now or formerly of Frank E. Hollar, Jr., and wife; thence by the same, North 43 degrees 50 minutes East 400 feet to an iron pin at lands now or formerly of George Baker and Allan Russell; thence by the same, South 46 degrees 10 minutes East 180 feet to an iron pin at the edge of the concrete of the aforesaid highway; thence by the same, South 43 degrees 50 minutes West 400 feet to an iron pin, the place of beginning. THE above-described real estate is the same which Warren w. Carson and Mary A. Carson, his wife, by deed dated June 20, 1960, recorded in Cumberland County, Pa., Deed Book W, Vol. 19, Page 558, conveyed to the News-Chronicle Company, a Pennsylvania corporation, LESS, HOWEVER, a small tract of real estate conveyed by the Mortgagor herein to Baker and Russell, Inc., a Pennsylvania corporation, by deed dated Sept~ber 25, 1972, recorded in Cumberland County, Pa., Deed Book Z, Vol. 26, Page 512. Allfirst Bank, successor to Valley Bank And Trust Company VS News-Chronicle Company In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001~5360 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to ' · Sheriff's Costs: instructions from Attorney Eugene Pepinsky. Docketing Surcharge 30.00 Law Library 20.00 Prothonotary .50 Mileage 1.00 Levy 27.60 Advert/sing 15.00 Posting Handbills 15.00 Share of Bills 15.00 Poundage 25.20 Law Journal 3748.79 Patriot News 270.05 Certified Mail 251.35 $4424.58 paid by attorney 12/11/02 Sworn and subscribed to before me This ,~7~._~__~_ day of~ 2002, A.D.~< ~ Prothonotary So Answers.. R. Thomas Kline, Sheriff Rea/Est~t ~I. KO c~ 37 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of October and the 5th day(s) of November 2002. 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 S A L E #36 REAL ESTATE SALE NO. ~ Writ ClvllTel'm tOValMy B~nk ~md .:' ~ Compmly DESC~i~IION All Itg following deacrll~d real eatat~ lyi~ and I~ing situa~ ta ~hiPl~n~burg Township, Cumberland~ County',~ l~mylvania, bounded and 'limimt as follows: ' fig coacmt~ on fig north ~ of now ~ fomerly of ~l~ia- S~&, Non~ de~rees 10 miaut=s Wes~ 180 fe~ to ~niro~ pin at lands now or formerly of Frank Holl~, ~r.~ and wi~; ~ace by fig North 43 des~eas 20 minutes East 400 to an iron pia at lands now or fonm=~ ?YI corgm~ of fig aforesaid highway; 8gate by rig ~ang. $oulli 43 d~g~s 50 miau~- which Wan=n-W. C. am3a axl Ma~ A, Ca.on, his wife, by dasd dated ;In 20, l(X~, ~c~ in Caat~lexl Coaitty, Pa., ~ Rnnk W Vol. 19. Pa~e 558. conveyed CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COUR3'HOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 249.60 $ 1.75 $ 251.35 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE SALE NO. 36 Writ No. 2001 5360 Civil Allfirst Bank, successor to Valley Bank and Trust Company VS. News Chronicle Coinpany Atty.: Eugene Pepinsky, Jr. All the following described real estate lying and being situate in Shippensburg Township, Cumber- land County, Pennsylvania, bound ed and limited as follows: BEGINNING at an iron pin at the edge of the concrete on the north side of the Governor Ritner High- way: thence by lands now or for- merly of Irwin Smith, North 46 de- grees 10 minutes West 180 feet to an iron pin at lands now or formerly of Frank E. Hollar. Jr., and wife: thence by the same, North 43 de grees 50 minutes East 400 feet to an iron pin at lands now or formerly of George Baker and Allan Russell; ~orgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 thence by the same, South 43 de grees 50 minutes West 400 feet to an iron pin, the place of beginning. THE above described real estate is the same which Warren W. Car- son and Mary Pt. Carson, his wife, by deed dated June 20, 1960, re- corded in Cumberland County, Pa., Deed Book W, Vol. 19, Page 558, conveyed to the News-Chronicle Company, a Pennsylvania corpora- tion, LESS, HoWEVEFL a small tract of real estate conveyed by the Mort- gagor herein to Baker and Russell. Inc., a Pennsylvania corporation, by deed dated September 25, 1972, recorded in Cumberland County, Pa., Deed Book Z, Vol. 26, Page 512.