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HomeMy WebLinkAbout94-06990 II-CT-Jl.n&aft 10011-1..1...11&I to ........ H....., Rail, 1....1 hMllaa.. r.. - "11 lanotu aU ~ltn up tbt~t ~rt5ent~, THAT MERLE R. WITTRR and CONS'rANCR O. WITTRR, husband and wire, or 24 York Road, Carlisle, Pennsylvania, parties or the Clrst part, OIll,fQORS, sre h,1d IInd flrmlv bound uulo SIGRID MOFFITT I~ Ihe eum of Three lIundred Eighty Thousand and no/I 00 ($380,000.00) Dollars lawlulmonev ollh, United Sial" 01 A merica, 10 b, paid will, eaid obligees, their ,:recrdore, <<:dminislrawre or l18eigus, 10 wllich paymellt lveU and tndv 10 he made, they do bind themselves, their lIelre, e:rcculor. and adnllnielratore, and ellel1l ollllem, flnnly by tlleee preeenls. Sealed witll their eealll Datcd the loth day 01 July in tile year of our Lord one thoueand nine hundretl elghty-nlne (1989). THE CONDITION OF THIS OBLIGATION IS SUCH, that II tile eaid obligors, their heire, ,:recutor. or adminlslratore, or /lnv 01 tllem, .h/lll /11\(1 do well antI tmlv pay, or cause to be paid unto tllc .aid obligce , her c:recutor., administratore or l18.ione tile .um alOne lIun- dred Ninety Thousand and noli 00 - ($190,000.00) - Dollars February I, 1991, together with Interest thereon at the rate or Ten (10%) per centum per annum, In monthly Installments or One Thousand Six Hundred Slxty-seven nnd 39/100 - ($1,667.39) - Dollars each month beginning September 1, 1989, said monthly payment to be applied C1rst to Interest and the remslnder to the reduction or the principal, but this provision ror amortization or prlnclpsl shall not be construed as extending the maturity date beyond February 1, 1991. witMut anv Iraud or 11Irther de/al/i and also Irom tillle 10 time, and at all timee unlil payment of the eala principal 1I111l be madc, as aloresaid, keep the building m8Tltioned in thc eaid Mortoaoe IMured for the benefit 01 the mortgagee ,In some oood and l'eliable fire insurance company or companiee /tc8Tl8ea 10 trall8act busincee in the Commollwealtll 01 Pellll8l/llIania, in the amolUlt 01 at /e/l8t One lIundred Ninety Thosuand nnd no/l00 ($190,000.00) -Dollars and lake out no ill8urance on eaid buildino wit/lout mortgagee or lose pal/able clause lor benefit of oblioce ,and illhe oblioors neglect to procure such fire iMurancc, or pcrmit Ihc policl/ or policies ellidencino the same 10 lapRe because 01 non-payment 01 premiums or otherwise, obliaee may "cure and lake out sueh fire insltrance in her OlVlInanre ,alld tho premium or premiunu paid therefore by obliuee shall be added 10 and be collected as a part 01 the principal sum due and in the same manncr, tooelher with interest Ihereon at Ihe Rome rate a., iR payable on tile said principal sum; and oblioor s lurlhcr covenant to 1)(111 all taxeR lawfully a88esRcd and lellied bll anll proper tar. aulhmilll aoainRt the prcmiscR dcscribed in Ihe Raid Mortuauc CUI well a3 alllawlul municipal claims illcludinu clutrocs, whether or not reduced to liell8, lor paving, sidewalks and repaire Iherrto, seUlerR, and water rents charoe", bll any n1uniripalitll or allYlllunicipal authoritYi and upon ,!emalld thcre/ore obligor s shall exhibit to oblioee propcr recciple lor such taxee and mllnicipal claillls, alUl that il oblioors nCO/I'd 1<> pay such taxca and municipal claims, obli- g" '11011 J"III the .ame or anll part Ihereof and add Ihe amount or amounl. '0 paid, or the aggre- gal. ther.of, to .aid principal 8um and collect Ihe eame with. intered th.er.on in the mann.r pro- vid.d ita thlll Bond; the" the above obligalio" to be void, or eue 10 b. and remai" in full force and virtu.. And the furth.r condit/o" of thia obligation III .uch, that if at anll time default .1<<tll be made in tile pallm.nt of the pri"c/pal debt or any IMtallment thereof or intered, or addlt/oM ther.- to a. afar..aid, for the .pace of thirty (30) dull. after any paymcnt thereof .hall fall due, or If a breach of anll other of the foregoing conditiOM be nutdc by the .al,/ obligor s, their hcir., ez- eculor., admlnllltra/or. or lU.iOM, Ihen and ita .uell ClUe the .aid principal.um .hall, at Ihe oplio" of th. .aid ob//oee . her heirs, ez.cutor., admlnllltrato" or 118.iOM, b.come du., and the pallment of th. .am., wilh Interut and co.18 of iMuranc. due thereon, and addition. /18 afore.ald, looelher 'vlth an at/oMlDl/" commie.ion of liv. per cent. on th. eaid principal eum, buidee coet. of .uit, mall b. mforc.d and recov.red at once, anytl&ino herein conlained 10 th. conlmrll tMreof in anllwlll. lUl/with4tandino. And fur/her, the oblioors do h'Tebll empower anll a//oNlell ()f anv court of record of the Commonwealth of P.nMylvanla to appear for them and with or wllhout a lUclamtion filed In their name s , to conf." a judom.nt or iudomenl. in favor of the above....entloned obUoe. , her heirs, ezecutore, adminialratore, or lUeiOM, and agaiMt them for th. p.nal eum of Three Hundred Eighty Thousand and noflOO ($380,000.00) -Dollars wilh co.18 of .uil, charoee, and atIOMley'. commj,81on 118 foruald; on which judgment or judgmenl. olle or more euculiOM mall iaeue forthwilh upon failure 10 complv toilh anll oflh. lenrtl and condilion. of this bond or .aid ,norloaoe. Th. undereioned herebll forever waive" and releasee all error. in eaid proceedino., waive. dall of ezecution, th. rioht of inqul"ition and ezlen.lon of time of pay- menl, aor..e to condemnallon of anll properlll I.vied upon bll virlue of anll .uch execulion, and toaive" all ezempt/oM from ',VII and .ale of anll propertll that i. or hereafler mall be exempled bllIaW. "gnrb, .,.1,,. anlli Illl.",,. ....[)........J..:~~,~d~:~..~b......... ,..J.....~~...:LJ! ....,....... ,.....,........,I/J.I,t...f!J{/..:~tit..1c.:.................. G:~ Merle R. Witter ...................................................................................~ ...4t'~o:,1fute{:1"'~' (If#) +J i ~ i ~ i I I C'I:l i ~ i "0 c i "" ! ~ i C'I:l ! "0 i ~ ,j j 0 1l :0 I o::l tl ~ l- t tl ~ i Cl . ,'. NOTg AND MORTGAGE MODIFICATION AGltEEMgNT TillS AGI(EgMI~NT, made this day of April, 1991, Between MEULE U. WITTER and CONSTANCE O. WITTER, husband and wife, of 24 York Road, Carlisle, CumlJerland Counly, Pennsylvania, hereinafter referred to as Mortgagors, and SIGRID MOFFITT, single woman, of 612 1I0rseshoe Trail Drive, Lebanon Pennsylvania, hm:inarter referred to as Mortgagee, WITNESSETII, Murlgagl1rS have execUlcd and delivered to Mortgagee thut cenain BOIll!, daled July Ill, 1989, In the original \lrincipal amount of $190,000.00, which Bond Is secured by that cerlaln Mortgage daled July 0, 1989, and recorded August 8, 1989 in Ihe Office of the Recorder of Deeds In and for Cumberland County, at Carlisle, Pennsylvania, In Mortgage Book 948, Page 62, and which Mortgage encumbers all that certain tract of land situate In Cumberland County, Pennsylvunla, more particularly bounded and described on the allached Exhibit" A". Mortgagors and Mortgagee wish to amend IIle Bond and Mortgage so that the time for malurhy pursuuntto the Bond and Mortgage is eXlended to August I, 1992. NOW TIIEUgFOUE, In consideration of the lI1utual promises contained herein and olher good and valuable consideration, receipt of which Is hereby acknowledged, and Intending to be legally bound, Mortgagors and Mortgagee hereby agree as follow: I. nle Dond and Mortgage arc hereby amended to read as follows: "Mortgagors agree 10 pay to the Mortgagee, her heirs and assigns, lhe sum of One lIundred Ninety Thousand and no/IOO ($190,000.00) Dollars, togelher with lntcreslthereon at the rate of Ten (10%) per centum per annum, in monthly installments of One Thousand Six Hundred Sixty-seven and 39/100 ($1,667.39) Dollars each month, beginning September I, 1989, said monthly payment to be applied first to Inlerest and the remainder to the reduction of the "rinelllal. but this provision for amortization of r.r1nciplll shall not be constnled as extending the malurity date beyond August I, 1992. ' 2. Except as specifically amended by this Agreemenl, Ihe Bond and Mortgape shall remain unmodified and in full force and erfcct. Nothing herein is intended to impair the pnority or effect of the Mortgage with rcspectto the Indebtedness evidenced by the Bond. IN WITNESS WHEREOF, the parties hereto sctthelr hands and seals the day and year first above wrillcn. SI,n,d, S,al,d, a",1 D,lIv,red In Ih, Pr,un" 01 Jly-~rll'v r:. K (,h\I,I'))"'JI--" jJkL I? jJ~' MERLE R. WITIER (SEAL) at JfJI)t~. ~ ~ Cp/.-~<<.<-A'~ t7~(7/::ASEAL) ONS' EO.wl ~ (SEAL) EXHIBIT A At~ TH~SE ;RACTS 0, LAND and premises, situate, lying and To~nshlp o. ~on~oe, Count: of Cumberland and Commonwealth more pa~ticularly described as follo~s: being in the of Pennsylvania, TRACT ~O, 1 BEGINNI~G ,at a point at the edge of,the water on the northeastern side of ~he Yel_o~ Breeches Creek, on the dlviding line between lands formerly of wllliam.L, Knaub and John A. Belt::hoover, et al, now Ray Harrigan; Thence, north 10 deg:ees east, along said dividing line, one hundred thirty (130) feet to a p~lnt! Thence south i5 degrees east, at right angles with the aforesaid dlvidlng line, a distance of ninety (90) feet to a point. Thence, south 15 degrees west, at a right angle, one hundred thirt~ (130) feet to a point at or in the aforesaid Creek; Thence in a southwesterly direction, at a right ang~e, ninety (90) feet to a p~int the place of BEGINNING, THEREO~ erected a single dwelling house, ' TRACT NO.2 BEGINNING a~ a stone monument on lands of Ray T. Harrigan and Mary D. i Harrigan, h~s wife, Thence, by same, north 32 degrees, 15 minutes east, a distance of fourteen (14) feet to an iron pipe; Thence, by same, south 77 degrees east, a distance of seventy and eight-tenths (70.8) feet to a stakej Thence, by same to the center of the private lane at stone monument, south 20 degrees, 45 minutes east, a distance of twenty-one (21) feet to a poi~~ at lands of Estella Pentzj Thence along lands of Estella Pent~, north /0 degrees west, a distance of eighty-seven and five-tenths (87.0) feet to the stone monument, the place of BEGINNING. CONTAINING approximately thirteen hundred eighty-five (1385) square feet. TRACT NO, 3 BEGINNING at a point in the right of way line of Creek Road (Twp. Road T- 650): said point being on line of lands now or late of Earl W, Yeingst: Thence along said land, north twenty-three (23) degrees thirty-two (32) minutes east to a point in the center line of Yellow Breeches Creek; Thence, along the center line of Yellow Breeches Creek, north eighty-five (85) degrees three (3) minutes east two hundred fifteen and twenty hundredths (215.20) feet to a point; Thence, north seventy-one (71) degrees fifty-two (52) minutes east one hundred fifty-seven (157) feet to a point: Thence, north fifty-four (54) degrees twelve (12) minutes east one hundred eighty-eight and fifty-five hundredths (188.55) feet to a point; Thence north seventy-five (75) degrees thirty-three (33) minutes east one hundred thirty and nine hundredths (130.09) feet to a point; Thence south sixty-four (64) degrees fifteen (15) minutes thirty (30) seconds east one hundred fifteen and ninety-two hundredths (115.92) feet to a point; Thence, south five (5) degrees two (2) minutes east one hundred forty-one and nine hundredths (141.09) feet to a point; Thence south twenty-nine (29) degrees sixteen (16) minutes east one hundred nineteen and forty two hundredths (119.42) feet to a point on line of lands now or late of Earl W, Yeingst; Thence, along said lands south sixty-nine degrees no (00) minutes west forty-six and seventy-nine hundredths (46,79) feet to a point in the right of way line of creek Road (Twp. Road T-650); Thence, continuing in said right of way line the fOllowing courses and distances: north fifty-two (52) degrees twenty- nine (29) minutes west one hundred si~ty-two and twenty-si~ hundredths (162.26) feet to a point; Thence, north seventy-one (71) degrees twenty- 9i~ (26) minutes west one hundred thirty-two and twenty-si~ (26) minutes west one hundred thirty-two and twenty-si~ hundredths (132.26) feet to a pointj Thence, south seventy-nine (79) degrees thirty-nine (39) minutes west four hundred ninety-four and forty-one hundredths (494.41) feet to a pointj Thence, south eighty-si~ (86) degrees eight (8) minutes west fifty seven and twenty-eight hundredths (57.28) feet to a point, the place of BEGINNING. BEING Lot No. 1 on Subdivision Plan, prepared by D,P, Raffensperger Associates, for Earl W. Yeingst, recorded in Plan Book 26, Page 21, TRACT NO. 4 BEGINNING at a point in the right of way line of Creek Road (Twp. Road T- 650)j said point being on line of lands now or late of Reading Railroad CompanYj Thence, continuing in the right of way line of Creek Road (Twp, Road T-650) the following courses and distances. North eighty-si~ (86) ; degrees eight (8) minutes east fifty-eight and si~ty hundredths (58.60) feet to a pointj Thence, north seventy-nine (79) degrees thirty-nine (39) minutes east four hundred eighty-seven and seventy-seven (487.77) fect to a point; Thence, south seventy-one (71) degrees twenty-six (26) minutes east one hundred eighteen and twenty-si~ (118.26) feet to a pointj Thence, south fifty-two (52) degrees twenty-nine (29) minutes east one hundred thirty-six and fifty-six hundredths (136.56) feet to a point on line of lands now or late of E.W. Yeingstj Thence, along lands now or late of Earl W. Yeingst, south sixty-nine (69) degrees no (00) minutes west f.our hundred thirty-three and si~ty-five hundredths(433.65) feet to a point on line of lands of the Reading Railroad Company; Thence, along said lands by a curve to the left having a radius of 1970.08 feet, the arc distance of 400.04 feet to a point, the place of BEGINNING. BEING LOT NO. 2 on Subdivision Plan, prepared by D.P. Raffensperger Associates, for Earl W. Yeingst, recorded in Plan Book 26, Page 21. BEING the same premises which Sigrid R. Moffitt, single woman, by Deed dated July 10, 1989 and recorded August 8, 1989 in the Office of the Recorder of Deeds of CUmberland County, Pennsylvania, in Deed Book C, 34, Page 338, granted and conveyed unto Merle R. Witter and Constance O. Witter, his wife. UNDER AND SUBJECT to a certain boundary line agreement between grantor and John W. Plowman, Jr. and Wenda L. Plowman, as set forth in the Offie of the Recorder of Deeds of Cumberland County, Pennsylvania in Book 304, Page 1. J <j ..., ~, r' "" ~ , ~ ,. .... ,r.;': "'- .J = . . . P- "I ~ ::: , " e, e. . C) ~!::! ,. lArri -- "?" ~ - W "'L' u.J = ',' -- ~ .~ '::i~~ ,---r!-- ~ )"' '" o -J. -tJ ~ .j J ,.I ~c, - EXHIBIT A ALL THOSE ;RACTS OF LAND and p~emises, situate, 17ing and Township o. ~onroe, County of Cumberland and Commonwealth more particular17 described as follows: being in the of Pennsylvania, TRACT ~O. 1 BEGINNI~G at a point at the edge of the wate~ on the northeastern side of the Yellow B~eeches Creek, on the dividing line between lands fo~merly of William L. Knaub and John A, Belt~hoove~, et al, now Ray Ha~rigan; Thence, no~th 15 deg~ees east, along said dividing line, one hundred thirty (130) feet to a point; Thence south i5 degrees east at right angles with the aforesaid divid!ng line, a distance of ninety'(90) feet to a point; Thence, south 10 deg~ees west, at a ~ight angle, one hund~ed thirty (130) feet to a point at o~ in the afo~esaid C~eek: Thence, in a southwesterly di~ection, at a ~ight angle, ninety (90) feet to "point the place of BEGINNING. THEREON e~ected a single dwelling house. ' TRACT NO, 2 BEGINNING at a stone monument on 1snds of Ray T. Harrigan and Ma~y D ; ~~rriian, his wife, Thence, by same, north 32 degrees, 15 minutes ea~t a stance of fourteen (14) feet to an iron pipe; Thence, by same, south'77 degrees east, a distance of seventy and eight-tenths (70.8) feet to a stake; Thence, by same to the center of the private lane at stone monument, south 20 degrees, 45 minutes east, a distance of twenty-one (21) feet to a poin~ at lands of Estella Pentz; Thence along lands of Estella Pentz, north 70 degrees west, a distance of eighty-seven and five-tenths (87.5) feet to the stone monument, the place of BEGINNING, ' CONTAINING approximately thirteen hundred eighty-five (1385) square feet. TRACT NO. 3 BEGINNING at a point in the right of way line of Creek Road (Twp, Road T- 650); said point being on line of lands now or late of Earl W. Yeingst; Thence along said land, north twenty-three (23) degrees thirty-two (32) minutes east to a point in the center line of Yellow Breeches Creek; Thence, along the center line of Yellow Breeches Creek, north eighty-five (85) degrees three (3) minutes east two hundred fifteen and twenty hundredths (215.20) feet to a point; Thenc~, north seventy-one (71) degrees fifty-two (52) minutes east one hundred fifty-seven (157) feet to a point; Thence, north fifty-fou~ (54) degrees twelve (12) minutes east one hundred eighty-eight and fifty-five hundredths (188.55) feet to a point; Thence north seventy-five (75) degrees thirty-three (33) minutes east one hundred thirty and nine hundredths (130.09) feet to a point; Thence south sixty-four (64) deg~ees fifteen (15) minutes thirty (30) seconds east one hundred fifteen and ninety-two hundredths (115.92) feet to a point; Thence, south five (5) degrees two (2) minutes east one hundred forty-one and nine hundredths (141.09) feet to a point; Thence south twenty-nine (29) degrees sixteen (16) minutes east one hundred nineteen and forty two hundredths (119.42) feet to a point on line of lands now or late of Earl W. Yeingst; Thence, along said lands south sixty-nine degrees no (00) minutes west forty-six and seventy-nine hundredths (46.79) feet to a point in the right of way line of c~eek Road (Twp. Road T-650); Thence, continuing in said right of way line the fOLlowing courses and distances: north fifty-two (52) degrees twenty- nine (29) minutes west one hundred sixty-two and twenty-six hundredths (162,26) feet to a point: Thence. north seventy-one (ill degrees twenty- six (26) minutes west one hundred thirty-two and twenty-six (26) minutes we~t one hundred thirty-two and twenty-six hundredths (132,26) feet to a point; Thence, south seventy-nine (i9) degrees thirty-nine (39) minutes west four hundred ninety-four and forty-one hundredths (494.41) feet to a point: Thence, south eighty-six (86) degrees eight (8) minutes west fifty seven and twenty-eight hundredths (51.28) feet to a point, the place of BEGINNING, BEING Lot No.1 on Subdivision Plan, prepared by D.P. Raffensperger Associates, for Earl W. Yeingst, recorded in Plan Book 26, Page 21, TRACT NO. 4 BEGINNING at a point in the right of way line of Creek Road (Twp. Road T- 650); said point being on line of lands now or late of Reading Railroad Company; Thence, continuing in the right of way line of Creek Road (Twp. Road T-650) the following courses and distances. North eighty-six (86) ; degrees eight (8) minutes east fifty-eight and sixty hun~redths (58.60) feet to a point; Thence, north seventy-nine (79) degrees thirty-nine (39) minutes east four hundred eighty-seven and seventy-seven (487.77) feet to a point; Thence, south seventy-one (71) degrees twenty-six (26) minutes east one hundred eighteen and twenty-six (118.26) feet to a point; Thence, south fifty-two (52) degrees twenty-nine (29) minutes east one hundred thirty-six and fifty-six hundredths (136.56) feet to a point on line of ~ands now or late of E.W. Yeingst; Thence, along lands now or late of Earl W. Yeingst, south sixty-nine (69) degrees no (00) minutes west four hundred thirty-three and sixty-five hundredths(433,65) feet to a point on line of lands of the Reading Railroad Company; Thence, along said lands by a curve to the left having a radius of 1970.08 feet, the arc distance of 400.04 feet to a point, the place of BEGINNING. BEING LOT NO.2 on Subdivision Plan, prepared by D.P. Raffensperger Associates, for Earl w. Yeingst, recorded in Plan Book 26, Page 21. BEING the same premises which Sigrid R. Moffitt, single woman, by Deed dated July 10, 1989 and recorded August 8, 1989 in the Office of the Recorder of Deeds of CUmberland County, Pennsylvania, in Deed Book C, 34, Page 338, granted and conveyed unto Merle R. witter and Constance O. Witter, his wife. UNDER AND SUBJECT to a certain boundary line agreement between grantor and John W. Plowman, Jr. and Wenda L. Plowman, as set forth in the Offie of the Recorder of Deeds of Cumberland County, Pennsylvania in Book 304, Page 1. EXHIBIT A ALL THOSE ;RACTS OF LAND and p~emises, situate, lying and Townshl? o. ~on:oe, Count? of Cumbe:land and Commonwealth mo~e pa:ticula:ly desc~ibed as follows: being in the of Penns :'1 vania, TRACT ~O. 1 BEGrNN!~G at a point at the edge of the wate: on the no~theaste~n side of ~he Yel_ow B~eeches C~eek, on the dividing line between lands fo~mer1y of william.L, Knaub and John A, Belt~hoover, et al, now Ray Ha:~igan; Thence north l~ degrees east, along said dividing line one hundred thi~ty (130)' feet to a point: Thence south i5 degrees east, ~t right angles with the afo~esaid divid~ng line, a distance of ninety (90) feet to a point: Thence, south l~ deg:ees west, at a right angle, one hund:ed thi~ty (130) ~~et to a point at or in the afo~esaid Creek: Thence, in a southwesterly rection, at a right angle, ninety (90) feet to a point the place of BEGrNNI~G. THEREON e~ected a single dwelling house. ' TRACT NO, 2 BEGINNI~G at a stone monument on lands of Ray T. Har~igan and Mary D. i Harrigan, his wife, Thence, by same, north 32 degrees 15 minutes east a di~tance of fourteen (14) feet to an iron pipe; Thenc~, by same, south'77 degre:s east, a distance of seventy and eight-tenths (70,8) feet to a stake, Thence, by same to the center of the private lane at stone ~onument, south 20 degrees, 45 minutes east, a distance of twenty-one (21) eet to a poi~: at lands of Estella Pentz; Thence along lands of Estella Pent:, north '0 degrees west, a distance of eighty-seven and five-tenths (87.0) feet to the stone monument, the place of BEGINNING. CONTAINI~G approximately thirteen hundred eighty-five (1385) square feet. TRACT NO. 3 BEGINNING at a point in the right of way line of Creek Road (Twp, Road T- 650); said point being on line of lands now or late of Earl W. Yeingst; Thence along said land, no~th twenty-three (23) degrees thirty-two (32) minutes east to a point in the center line of Yellow Breeches Creek; Thence, along the cente~ line of Yellow Breeches Creek, north eighty-five (85) degrees three (3) minutes east two hundred fifteen and twenty hundredths (215.20) feet to a point; Thence, north seventy-one (71) degrees fifty-two (52) minutes east one hundred fifty-seven (157) feet to a point; Thence, no~th fifty-four (54) degrees twelve (12) minutes east one hund~ed eighty-eight and fifty-five hundredths (188.55) feet to a point; Thence north seventy-five (75) degrees thirty-three (33) minutes east one hundred thirty and nine hundredths (130.09) feet to a point; Thence south sixty-four (64) degrees fifteen (15) minutes thirty (30) seconds east one hundred fifteen and ninety-two hundredths (115.92) feet to a point; Thence, south five (5) degrees two (2) minutes east one hundred forty-one and nine hundredths (141.09) feet to a point; Thence south twenty-nine (29) degrees sixteen (16) minutes east one hund~ed nineteen and forty two hundredths (119.42) feet to a point on line of lands now or late of Ea:1 W, Yeingst: Thence, along said lands south sixty-nine degrees no (00) minutes west fo~ty-six and seventy-nine hundredths (46.79) feet to a point in the right of way line of creek Road (Twp. Road T-650): Thence, continuing in said right of way line the foilowing courses and distances: north fifty-two (52) degrees twenty- nine (29) minutes we~t one hundred sixty-two and twenty-six hundredths (162.26) feet to a point; Thence, north seventy-one (ill degrees twenty- six (26) minutes west one hundred thircy-two and twenty-six (26) minutes west one hundred thirty-two and twenty-six hundredths (132.26) feet to a point; Thence, south seventy-nine (79) degrees thirty-nine (39) minutes west four hundred ninety-four and forcy-one hundredths (494.41) feet to a pointj Thence, south eighty-six (86) degrees eight (8) minutes west fifty seven and twenty-eight hundredths (57.28) feet to a point, the place of BEGINNING. BEING Lot No.1 on Subdivision Plan, prepared by D,P. Raffensperger Associates, for Earl W. Yeingst, recorded in Plan Book 26, Page 21, TRACT NO. 4 BEGINNING at a point in the right of way line of Creek Road (Twp. Road T- 650); said point being on line of lands now or late of Reading Railroad Company; Thence, continuing in the right of way line of Creek Road (Twp. Road T-650) the following courses and distances. North eighty-six (86) i degrees eight (8) minutes east fifty-eight and sixty hundredths (58.60l feet to a pointj Thenc~, north seventy-nine (79) degrees thirty-nine (39) minutes east four hundred eighty-seven and seventy-seven (487.77) feet to a pointj Thence, south seventy-one (71) degrees twenty-six (26) minutes east one hundred eighteen and twenty-six (118.26) feet to a pointj Thence, south fifty-two (52) degrees twenty-nine (29) minutes east one hundred thirty-six and fifty-six hundredths (136.56) feet to a point on line of lands now or late of E.W. Yeingstj Thence, along lands now or late of Earl W. Yeingst, south sixty-nine (69) degrees no (00) minutes west four hundred thirty-three and sixty-five hundredths(433.65) feet to a point on line of lands of the Reading Railroad CompanYj Thence, along said lands by a curve to the left haVing a radius of 1970.08 feet, the arc distance of 400.04 feet to a point, the place of BEGINNING. BEING LOT NO. 2 on Subdivision Plan, prepared by D,P. Raffensperger Associates, for Earl W. Yeingst, recorded in Plan Book 26, Page 21. BEING the same premises which Sigrid R. Moffitt, single woman, by Deed dated July 10, 1989 and recorded August 8, 1989 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book C, 34, Page 338, granted and conveyed unto Merle R. Witter and Constance O. Witter, his wife. UNDER AND SUBJECT to a certain boundary line agreement between grantor and John W. Plowman, Jr. and Wenda L. Plowman, as set forth in the Offie of the Recorder of Deeds of Cumberland County, Pennsylvania in Book 304, Page 1. EXHIBIT A At~ THOS~ ~RACT~ O~ tAND and ~~em~sesl situate, lying and To~nshi? o. ~on.~e, County of CumoerLand and CommonwesL-h mo~e pa:ticuLarly described as follows: . being in the of !lenns:'b'ania, TRACT ~O, 1 BEGINNING at a point at the edge of the water on the northeastern side f the Yellow Breeches Creek, on the dividing line between l~nds formerly :f Willia~ L. Knaub and. John A, BeLt:hoover, et al, now Ray Harrigan; Thence, north 15 degrees eas., aLong s~~d dividing llne, one hundred thi~ty (l30) teet tola point; Thence south I~ degrees east, at right angles with the ato~esa_d dividing Line, a distance of ninety (90) feet to a point. Thence, south 15 degrees west, at a ~ight angle, one hundred thirt~ (130) teet to a point at or in the aforesaid Creek; Thence, in a southwesterly direction, at a right angl~, ninety (90) feet to a point the pLace of BEGINNING. THEREON e~ected a single dwelling house. ' TRACT NO, 2 ~E~INNING a~ a stone ~onument on lands of Ray T. Ha~rigan and Mary D. ; Ha.~igan, hl.s "'ife, Tnence, by same, no~th 32 degrees, 15 minutes east, a distance of fourteen (14) feet to an i~on pipe; Thence, by same, south 77 degre:s east, a distance of seventy and eight-tenths (70,B) teet to a stake, Thence, by same to the center of the private lane at stone monument, south 20 degrees, 45 minutes east, a distance of twenty-one (21) feet to a poi~: at lands of Estella Pentz; Thence along lands of Estella Pentz, north I~ degrees west, a distance of eighty-seven and five-tenths (87.5) feet to the stone monument, the place of BEGINNING, CONTAINING approximately thirteen hundred eighty-five (1385) square feet. TRACT NO. 3 BEGINNING at a point in the right of way line of Creek Road (Twp, Road T- 650)i said point being on line of lands now or late of Earl W. Yeingst: Thence along said land, north twenty-three (23) degrees thirty-two (32) minutes east to a point in the center line of Yellow Breeches Creek: Thence, along the center line of Yellow Breeches Creek, north eighty-five (85) degrees three (3) minutes east two hundred fifteen and twenty hundredths (215.20) feet to a pointi Thence, north seventy-one (7l) degrees fifty-two (52) minutes east one hundred fifty-seven (157) feet to a point; Thence, north fifty-four (54) degrees twelve (12) minutes east one hundred eighty-eight and fifty-five hundredths (l88.55) feet to a point; Thence north seventy-five (75) degrees thirty-three (33) minutes east one hundred thirty and nine hundredths (130.09) feet to a point: Thence south sixty-four (64) degrees fifteen (15) minutes thirty (30) seconds east one hundred fifteen and ninety-two hundredths (115.92) feet to a point: Thence, south five (5) degrees two (2) minutes east one hundred forty-one and nine hundredths (141.09) feet to a point: Thence south twenty-nine (29) degrees sixteen (16) minutes east one hundred nineteen and forty two hundredths (119.42) feet to a point on line of lands now or late of Earl W. Yeingst: Thence, along said lands south si~ty-nine degrees no (00) minutes west forty-six and seventy-nine hundredths (46.79) feet to a point in the right of way line of creek Road (Twp. Road T-650): Thence, continuing in said right of way line the following courses and distances: north titty-two (52) degrees twenty- nine (29) minutes west one hundr.d sixty-two and twenty-six hundredths (162.26) teet to a point; Thence, north seventy-one (ill delrees twenty- six (26) minutes west one hundred thirty-two and twenty-six (25) minutes west one hundred thirty-two and twenty-six hundredthS (132.25) ieet to a point; -rhence, south seventy-nine (79) degrees thirty-nine (39) minutes west four hundred ninety-four and forty-one hundredthS (494.41) feet to a point; Thence, south eighty-six (86) degrees eight (8) minutes west fifty seven and twenty-eight hundredths (5i.28) feet to a point, the place oi B[GINNING. BEING Lot No.1 on Subdivision Plan, prepared by D.P. Raiiensperger Associates, for Earl W. Yeingst, recorded in Plan Book 26, Page 21. TRACT NO.4 BEGINNING at a point in the right of way line of Creek Road (Twp. Road T- 650); said point being on line of lands now or late of Reading Railroad Company; Thence, continuing in the right of way line of Creek Road (Twp. Road T-650) the following courses and distances. North eighty-siX (86) ; degrees eight (8) minutes east fiity-eight and sixty hundredths (58.60) feet to a point; Thence, north seventy-nine (79) degrees thirty-nine (39) minutes east four hundred eighty-seven and seventy-seven (487.77) teet to a point; Thence, south seventy-one (71) degrees twenty-six (26) minutes east one hundred eighteen and twenty-six (118.26) feet to a point; Thence, south fifty-two (52) degrees twenty-nine (29) minutes east one hundred thirty-six and fifty-six hundredths (136.56) feet to a point on line of lands now or late of E.W. Yeingst; Thence, along lands now or late of Earl W. Yeingst, south sixty-nine (69) degrees no (00) minutes west tour hundred thirty-three and sixty-five hundredths(433,65) feet to a point on line oi lands of the Reading Railroad Company; Thence, along said lands by a curve to the left having a radius of 1970.08 feet, the arc distance of 400.04 ieet to a point, the place of BEGINNING. BEING LOT NO, 2 on Subdivision Plan, prepared by D,P. Raffensperger Associates, ior Earl W. Yeingst, recorded in Plan Book 26, Page 21. BEING the same premises which Sigrid R. Moffitt, single woman, by Deed dated July 10, 1989 and recorded August 8, 1989 in the Office of the Recorder of Deeds of CUmberland County, Pennsylvania, in Deed 800k C, 34, Page 338, granted and conveyed unto Merle R. Witter and Constance O. Witter, his wife. UNDER AND SUBJECT to a certain boundary line agreement between grantor and John W. Plowman, Jr. and Wenda L. plowman, as set forth in the Offie of the Recorder of Deeds of cumberland county, Pennsylvania in 800k 304, Page 1. ~ ~r") ~.~ ~ " . .:J' '. ~, ':'., - ~ - " w "" = \' .. HENRY&' BHA VER ATTORNEYS AT LAW '17 WILLOW lITUIT r, 0, lOX 1110 LBBANON, ,.NNSYLVANIA 11011-1110 .. . .., EXHIBIT A Al~ THOSE ~RACT: OF tAND and p~emises, situate, lying and being in the To nshi~ o. ~on.oe, Count? o~ Cumbe:land and Common~e~l~h of Pennsvlva i mo:e pa:ticula:ly described as follows: . n a, TRACT !-o'O, 1 BEGINNING a~ a point at the edge of the wate: on the no~theastern side of ~he Yello~ B:eeches C~eek, on the dividing line between lands for~erly of william.t. Knaub and John A, Belt=hoove:, et al, no~ Ray Ha::igani Thence, no~th 10 deg:ees east, along said dividing line, one hund~ed thi~ty (130) feet to a point; Thence south 75 deg:ees east, at right angles with the aforesaid divid~ng line, a distance of ninety (90) feet to a point; Thence, south 10 deg~ees west, at a right angle, one hundred thirty (l30) feet to a point at or in the aforesaid Creek; Thence, in a southwesterly di~ection, at a right angle, ninety (90) feet to a point the place of BEGINNING. THEREON erected a single dwelling house. ' TRACT NO. 2 ~F.GINNING at a stone monument on lands of Ray T. Harrigan and Mary D. ; Harrigan, his wife, Thence, by same, no~th 32 degrees, 15 minutes east, a distance of fourteen (14) feet to an iron pipe; Thence, by same, south 77 degrees east, a distance of seventy and eight-tenths (70.8) feet to a stake; Thence, by same to the center of the private lane at stone monument, south 20 degrees, 45 minutes east, a distance of twenty-one (21) feet_to a poi~: at lands of Estella Pentz; Thence along lands of Estella Pent~, north /0 degrees west, a distance of eighty-seven and five-tenths (87.0) feet to the stone monument, the place of BEGINNING, CONTAINING approximately thirteen hundred eighty-five (1385) square feet. TRACT NO. 3 BEGINNING at a point in the right of way line of Creek Road (Twp, Road T- 650); said point being on line of lands now or late of Earl W. Yeingst; Thence along said land, north twenty-three (23) degrees thirty-two (32) minutes east to a point in the center line of Yellow Breeches Creek; Thence, along the center line of Yellow Breeches Creek, north eighty-five (85) degrees three (3) minutes east two hundred fifteen and twenty hundredths (215.20) feet to a point; Thence, north seventy-one (71) degrees fifty-two (52) minutes east one hundred fifty-seven (157) feet to a point; Thence, north fifty-four (54) degrees twelve (12) minutes east one hundred eighty-eight and fifty-five hundredths (18B.55) feet to a point; Thence north seventy-five (75) degrees thirty-three (33) minutes east one hundred thirty and nine hundredths (130.09) feet to a point; Thence south sixty-four (64) degrees fifteen (15) minutes thirty (30) seconds east one hundred fifteen and ninety-two hundredths (115.92) feet to a point; Thence, south five (5) degrees two (2) minutes east one hundred forty-one and nine hundredths (141.09) feet to a point; Thence south twenty-nine (29) degrees sixteen (16) minutes east one hundred nineteen and forty two hundredths (119.42) feet to a point on line of lands now or late of Ea:l W, Veingst; Thence, along said lands south sixty-nine degrees no (00) minutes west forty-six and seventy-nine hundredths (46.79) feet to a point in the right of way line of creek Road (Twp. Road T-650); Thence, continuing in said right of way line the . fallowing courses and distances: north fifty-two (52) degrees twenty- nine (29) ~inutes west one hundred sixty-two and twenty-six hundredths (162.26) feet to a point; Thence, north seventy-one (ill deirees twenty- six (26) minutes west one hundred thirey-ewo and twenty-six (25) minutes west one hundred thirty-two and twenty-si~ hundredths (132.26) feet to a point; Thence, south sevent.y-nine (79) degrees thirty-nine (39) minutes west four hundred ninety-four and forty-one hundredths (494.41) feet to a point; Thence, south eighty-si~ (86) degrees eight (8) minutes west fifty seven and twenty-eight hundredths (57,28) feet to a point, the place of BEGINNING. BE!NG Lot No.1 on Subdivision Plan, prepared by D.P. Raffensperger Associates, for Earl w, Yeingst, recorded in Plan Book 26, Page 21. TRACT NO.4 BEGINNING at a point in the right of way line of Creek Road (Twp. Road T- 650); said point being on line of lands now or late of Reading Railroad Company; Thence, continuing in the right of way line of Creek Road (Twp. Road T-650) the following courses and distances. North eighty-si~ (86) degrees eight (8) minutes east fifey-eight and sixty hundredths (58.60) feet to a point; Thence, north seventy-nine (79) degrees thirty-nine (39) minutes east four hundred eighty-seven and seventy-seven (487.77) feet to a point; Thence, south seventy-one (71) degrees twenty-six (26) minutes east one hundred eighteen and twenty-si~ (118.26) feet to a point; Thence, south fifty-two (52) degrees twenty-nine (29) minutes east one hundred thirty-six and fifty-six hundredths (136.56) feet to a point on line of lands now or late of E.W. Yeingst; Thence, along lands now or late of Earl W. Yeingst, south si~ty-nine (69) degrees no (00) minutes west (our hundred thirty-three and si~ty-five hundredths(433.65) feet to a point on line of lands of the Reading Railroad Company; Thence, along said lands by a curve to the left having a radius of 1970.08 feet, the arc distance of 400,04 feet to a point, the place of BEGINNING. I , BEING LOT NO.2 on Subdivision Plan, prepared by D,P. Raffensperger Associates, for Earl w. Yeingst, recorded in Plan Book 26, Page 21. BEING the same premises which Sigrid R. Moffitt, single woman, by Deed dated July 10, 1989 and recorded August 8, 1989 in the Office of the Recorder of Deeds of Cumberland County, pennsylvania, in Deed Book C, 34, Page 338, granted and conveyed unto Merle R. witter and Constance O. Witter, his wife. UNDER AND SUBJECT to a certain boundary line agreement between grantor and John W. Plowman, Jr. and wenda L. Plowman, as set forth in the Offie of the Recorder of Deeds of Cumberland County, Pennsylvania in Book 304, Page 1. SIGRID MOFFITT HOFFMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MERLE R. WITTER and : NO. 94-6990 CIVIL TERM CONSTANCE O. WITTER, his wife,: Defendants ACTION IN MORTGAGE FORECLOSURE PETITION TO STRIKE OFF AND/OR OPEN CONFESSED JUDGMENT TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Merle R. Witter and Constance O. witter, his wife, by their attorneys, Fowler, Addams, Shughart & Rundle, respectfully represents thatl 1. Petitioners are Merle R. Witter and Constance O. Witter, his wife, adult individuals residing at 334A Old Stone House Road, Boiling springs, Cumberland County, ?ennsy1vania. 2. Plaintiff is sigrid Moffitt Hoffman, an adult individual residing at 612 Horseshoe Trail Drive, Lebanon, Lebanon County, Pennsylvania. 3. On February 24, 1994, Plaintiff filed a Complaint in an Action in Mortgage Foreclosure against Petitioners docketed to No. 892 civil 1994 in the Court of Common Pleas of Cumberland county, Pennsylvania. 4. The subject matter of said Complaint was a Mortgage and its accompanying Bond and Warrant dated July 10, 1989, securing the principal sum of One Hundred Ninety Thousand ($190,000.00) Dollars. 5. On September 14, 1994, judgment by Stipulation was entered in said Action in favor of Plaintiff and against Petitioners in the amount of One Hundred Eighty-four Thousand Four Hundred Twenty-seven and 51/100 ($184,427.51) Dollars. 6. On September 14, 1994, a Writ of Execution on said judgment was issued. 7. A Sheriff's Sale of the real property subject to said Mortgage was scheduled for December 7, 1994. 8. At the direction ~;f Plaintiff, said Sheriff's Sale of the mortgaged pr~mises was postponed and continued to March 8, 1995. 9. On December 14, 1994, Plaintiff entered judgment by confession against Petitioners to the above captioned term and number. 10. The subject matter of the within action is the same Bond and Warrant and Mortgage as was the subject matter in said Action in Mortgage Foreclosure docketed to No. 892 civil 1994. STRIKE OFF JUDGMENT 11. The averments contained in Paragraphs 1 through 10 are incorporated herein by reference thereto. 12. Pa.R.C.P. No. 2952(i) requires that signature and verification of complaints in confession of judgment be in accordance with the rules relating to a civil action. 13. The Complaint for confession of judgment filed in the within action was verified by Thomas P. Harlan, Esq., attorney for Plaintiff. 14. Said verification is in violation of Pa.R.C.P. No. 1024 in that: a. The verification was not made by a party to the within action; b. No averment was made that all the parties lack sufficient knowledge or information and belief to verify the truth of the factual averments contained in the pleading; c. No averment was made that all the parties were outside the jurisdiction of the court and the verification of none of them could be obtained within the time allowed for filing the pleading; and d. No reason was stated why the verification could not be made by a party. WHEREFORE, the Petitioners respectfully request this Court to issue a rule upon Plaintiff to show cause why the judgment entered in the within action should not be stricken off, to grant a stay of all proceedings, and to award reasonable attorney's fees and costs to Petitioners pursuant to 41 P.S. S407(b). OPEN JUDGMENT 15. The averments contained in Paragraphs 1 through 14 are incorporated herein by reference thereto. 16. Plaintiff has obtained judgment, in part, for interest accruing at the rate of ten (10%) percent per annum on the principal sum of $184,427.51 from January 1, 1994 to December 12, 1994, in the amount of $17,479.92. 17. Plaintiff has demanded judgment for the interest accruing on said principal sum of $lB4,427.51 from December 12, 1994 until said principal sum is paid in full. lB. The real property subject to said Mortgage has a fair market value equal to or in excess of the principal sum due on said Mortgage and its accompanying Bond and Warrant. 19. Had said real property been sold at the Sheriff's Sale on December 7, 1994, Plaintiff would have received payment of said principal sum then due and owing or would have received said real property. 20. In either event, Petitioners' obligation to pay the interest accruing on said principal sum would have terminated on December 7, 1994, in whole or in part. 21. The judgment entered in the within action, to the extent that it includes interest accruing to December 12, 1994 and thereafter, exceeds ~~e amount rightfully due and owing to Plaintiff. 22. Plaintiff has entered judgment in the within action for attorney's commission of 5% of said principal sum of $lB4,427.51. 23. An attorney's commission of 5' of said principal sum was included in said judgment by stipulation entered in said Action in Mortgage Foreclosure docketed to No. 892 civil 1994. 24. Entering judgments ~o include attorney's commissions of 5% of the same principal sum in both actions is unconscionable, inequitable and unfair. 25. In Obtaining a judgment against Defendants in the within action by simply filing the Complaint for confession of judgment, plaintiff's including an attorney's commission of 5' ($9,221.38) of the principal amount due is unreasonable and subject to the equitable control of this Court. 26. By unilaterally postponing and continuing said Sheriff's Sale of the mortgaged premises scheduled for December 7, 1994, plaintiff has increased the costs for which Petitioners will ultimately be responsible if said real property is sold at the Sheriff's Sale on March 8, 1995, or at any other such Sale pursuant to Writ of Execution which may issue in the within action. 27. plaintiff has incorrectly captioned the within action as an "ACTION IN MORTGAGE FORECLOSURE". WHEREFORE, the Petitioners respectfully request this Court to issue a rule upon Plaintiff to show cause why the judgment entered in the within action should not be opened, to grant a stay of all proceedings, and to award reasonable attorney's fees and costs to Petitionera pursuant to 41 P.S. S407(b). FOWLER, ADDAMS, SHUGHART & RUNDLE - ... Fowler, III, Esq. supreme Court 1.0. No. 06273 28 South pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 Attorneys for Petitioners EXHIBIT "A" ALL rnOSE CERT AlN tracts ofland, together with the improvements thereon erected, situate in Monroe Township, Cumberland County, Pennsyivania, bounded and described as follows: Tract No, 1: BEGINNiNG at a point at the edge of the water on the northeastern side of the Yellow Breeches Creek on the dividing line between lands formerly ofWlIIiam L. Knaub and John A. BellZhoover, et aI., now or formerly of Ray Harrigan; thence North 15 degree East, along said dividing line, 130 feet to Ii point; thence South 75 degrees East, at right angles with the aforesaid dividing line, a distance of 90 feet to a point; thence South 15 degrees West, at a right angle, 130 feet to a point at or in the aforesaid Creek; thence In a northwesterly (erroneously reelted as 'southwesterly' In prior deed(s) of record) direction, at a right angle, 90 feet to a point, the place of BEGINNING. HAVING thereon erected a single dwelling house known and numbered as 512 Creekview Lane, Mechanicsburg, Pennsylvania. Tract No, 2: BEGINNiNG at a stone monument on lands now or formerly of Ray T. Harrigan and Mary D. Harrigan, his wife; thence by same, North 32 degrees 15 minutes East a distance of 14 feet to an iron pipe; thence by same South 77 degrees East a distance of 70.8 feet to a stake; thence by same to the center of the private lane at stone monument, Soulh 20 degrees 45 minutes East a distance of 21 feet to a point at lands of Estella Pentz; thence, along lands of said Estella Pentz, North 75 degrees West a distance of 87.5 feet to the stone monument, the place of' Beginning. CONTAINING approximately 1,385 square feet. Tract No, 3: BEGlNNING at a point In the right of way line of Creek Road (Twp. Road T -650), said point being on line of lands now or late of Earl W. Yelngst; thence along said land, North 23 degrees 32 minutes East 215.20 feet to a point in the center line of Yellow Breeches Creek; thence along the center line of Yellow Breeches Creek, North 85 degrees 3 minutes East 215.20 feet to a point; thence North 71 degrees 52 minutes East 157 feet to a point; thence North 54 degrees 12 minutes East 188.55 feet to a point; thence North 75 degrees 33 minutes East 130.09 feet to a point; thence South 64 degrees 15 minutes 30 seconds East 115.92 feet to a point; thence South 5 degrees 2 minutes East 141.09 feet to a point; thence South 29 degrees 16 minutes East 119.42 feet to a point on line of lands now or late of said Earl W. Yeingst; thence along said lands, South 69 degrees 00 minutes West 46.79 feet to a point in the right of way line of said Creek Road; thence continuing in said right of way line the following courses and distances: North 52 degrees 29 minutes West 162.26 feet to a point; thence North 71 degrees 26 minutes West 132.26 feet to a point; thence South 79 degrees 39 minutes West 494.41 feet to a point; thence South 86 degrees 8 minutes West 57.28 feet to a point; the place of BEGINNING. BEING Lot No.1 on Subdivision Plan, prepared by D.P. Raffensperger Associates for said Earl W. Yeingst and recorded In Cumberland County Plan Book 26, Page 21. Tract No.4: BEGINNING at a point In the right of way line of Creek Road (Twp. Road T-560) said point being on line of lands now or late of Reading Railroad Company; thence continuing in the right of way line of said Creed Road the following courses and distances: North 86 degrees 8 minutes East 58.60 feet to a point; thence North 79 degrees 39 minutes East 487.77 feet to a point; thence South 71 degrees 26 minutes East 118,26 feet to a point; thence ~. r- .,.. 0 '" ~ . '1 \:t ~ J j ~ 'j-. j I f ~ .,..; :R - ~... ..t.- hj~:;~..t ~J: ':,...1' 1..,-)<"4. ... '1:' r.., ,," f ~If _ ~~ _I ....r>>- -) r 1',1 . . ~' j ; -!" .toJtd~ .,.I:).>j ...::...... ~ ~<-l ::0: -=z .3' N .. - - -::r '" II> ~ . . U"O en - z: a... Ul N C") -::r "" B3 ...... >->- ...c.,.. ;r .~_ hI (. -:> ~! S;:r.;, .. t.....c., "01 l~_ :: c. ~. I. - -:; ~'.' '" " ..1". ~!. .~] :;! -, I.. L~ " Ul l1J ~ U .. 0 0 Ul t; <- Ul <oJ - < '" ~ .. 0( <oJ '" .. ell u '" ;;: t; " ci 0: ~ ~ 0 0: l1J 0 ~ .. :J It ~ ~ 0 m 2 0: Ul < Q 0: :x: ~ j Ul z :i l1J -' -' < . . in a vehicle requiring a turbo engines with a minor, routinely done modification. The Defendant made that modification to the Plaintiff's vehicle without difficulty and was able to install the engine into the vehicle. 15. Admitted in part, denied in part. It is admitted that the plaintiff modified a regular engine to make a turbo engine. It is denied that doing so constituted forcing an engine into a car for which it was not designed. The two types of engines are identical in size and shape. Converting one type of engine to the other is a relatively simple procedure arid does not damage the engine. In fact, newer engines are designed to be interchangeable. 16. A. Denied. The Plaintiff's engine overheated due to a faulty coolant fan switch. The defendant had converted the regular engine to a turbo engine and so it was fully capable of properly handling the higher temperatures. B. Denied. The engine was damaged when i.t overheated due to the faulty coolant fan switch. The modification that additional Defendant, ENGINES AMERICA, INC., made on the engine was routine and would not have damaged the engine. 17. Denied. The vehicle required a new engine because Defendant, CHARLES KAUFFMAN, failed to discover the faulty coolant fan switch and the engine was allowed to overheat to the point where it was seriously damaged. WHEREFORE, Additional Defendant, ENGINES AMERICA, INC., requests this Honorable Court to dismiss this action against him. ct ,_ ~.. ;:,' f.Y') . ......:.ct, ", (\1'..;:,01 . Ill. CD'~IJ"'. , U),~ ..~ ( --. II 0, , ~, ...., - ai, .... :> 0 (:) g uz .... IJ .. f'J dJ- ~ ! ffi!1 ~~i BIt. z - - ... CJlj ffilts ,za ~25 a. ~ ,. ~ i ~ ~ L i ~ ~ -= I. .. ..' ..... .',. ~ I.. ., "''J't...J .........,. ~2 ~!~; I . I;~~. :"~'~J. l::,~ ,~,._'~. .Il) f". .....'. . D'. " . '.' ~. ~~;~~~~~'~~~~~'I ~..;: H' - ....t-, --v- I ~IBIHX3 1 .....~ ., N~.:.. VIm It;-M' . :"".-.~ ,..r.....'. . I... EXHIBIT A At'~ TH~SE ;,V,CTS OF L....ND and pt"emises, situate, lring and Townsh.? o. ~on=~e, County 0: Cumbe=land and Commonwe~l:h more pa=ticula=lr described as follows: being in the of Penns:rlvania, TRACT ~O. 1 BEGINN~~G at a point at the edge of the wate= on the no=theastern side of ~he Ye~_ow Breeches Creek, on the dividing line between lands formerly of wi1l1arn.L. Knaub and John A. Belt~hoover, et al, now Ray Harrigan; Thence north 1~ degrees east, along said dividing line one hundred thirty (130)' feet to.a p~i~t~ The~ce south i5 degrees east, ~t right angles with the aforesald dlvld:ng 11ne, a distance of ninety (90) feet to a point; Thence, south 1~ degrees west, at a right angle, one hund=ed thirty (130) feet to a point at or in the aforesaid Creek; Thence in a southwesterly direction, nt a right angle, ninety (90) feet to a p~int the place of BEGINNING. THEREO~ erected a single dwelling house. ' TRACT NO. 2 BEGINNING at a stone monument on lands of Ray T, Harrigan and Mary D i Harrigan, his wife, Thence, by same, north 32 degrees, 15 minutes ea~t a distance of fourteen (14) feet to an iron pipe; Thence, by same, south'77 degrees east, a distance of seventy and eight-tenths (iO.8) feet to a stake: Thence, by same to the center of the private lane at stone monument, south 20 degrees, 45 minutes east, a distance of twenty-one (21) feet to a poi~= at lands of Estella Pentz; Thence along lands of Estella p(e8~t:1 north /0 degrees west, a distance of eighty-seven and five-tenths /.0) feet to the stone monument, the place of BEGINNING. CONTAINING approximately thirteen hundred eighty-five (1385) square feet. TRACT NO. 3 BEGINNING at a point in the right of way line of Creek Road (Twp. Road T- 650); said point being on line of lands now or late of Earl W. Yeingst; Thence along said land, north twenty-three (23) degrees thirty-two (32) minutes east to a point in the center line of Yellow Breeches Creek: Thence, along the center line of Yellow Breeches Creek, north eighty-five (85) degrees three (3) minutes east two hundred fifteen and twenty hundredths (215,20) feet to a point; Thence, north seventy-one (71) degrees fifty-two (52) minutes east one hundred fifty-seven (157) feet to a point: Thence, north fifty-four (54) degrees twelve (12) minutes east one hundred eighty-eight and fifty-five hundredths (188,55) feet to a point: Thence north seventy-five (75) degrees thirty-three (33) minutes east one hundred thirty and nine hundredths (130,09) feet to a point; Thence south sixty-four (64) degrees fifteen (15) minutes thirty (30) seconds east one hundred fifteen and ninety-two hundredths (115,92) feet to a point: Thence, south five (5) degrees two (2) minutes east one hundred forty-one and nine hundredths (141.09) feet to a point; Thence south twenty-nine (29) degrees sixteen (16) minutes east one hundred nineteen and forty two hund=ec!ths (119.42) feet to a point on line of lands now or late of Earl W. Yeingst; Thence, along said lands south sixty-nine degrees no (00) minutes west forty~six and seventy-nine hundredths (46.79) feet to a point in the right of war line of creek Road (Twp. Road T-650); Thence, continuing in said right of way line the following courses and distances: north fifty-two (52) degrees twenty- nine (29) minutes west one hundred sixty-two and twenty-six hundredths (162.26) feet to a point; Thence, north seventy-one (71) delrees twenty- six (26) minutes west one hundred thirty-t~o and twenty-six (25) minutes west one hundred thirty-two and twenty-six hundredths (L32.26) feet to a point; Thence, south seventy-nine (79) degrees thirty-nine (39) minutes west four hundred ninety-four and forty-one hundredths (494.4L) feet to a point; Thence, south eighty-siX (86) degrees eight (8) minutes west fifty seven and twenty-eight hundredths (5;.28) feet to a point, the pLace of BEGI~NI~G. BEING l.ot No.1 on Subdivision PLan, prepared by D.P. Raffensperger Associates, for Earl w. Yeingst, recorded in PLan Book 26, Page 2L. TRACT NO. 4 BEGINNING at a point in the right of way line of Creek Road (Twp, Road T- 650); said point being on line of lands now or late of Reading Railroad Company; Thence, continuing in the right of way line of Creek Road (Twp, Road T-6501 the following courses and distances. North eighty-siK (86) ; degrees eight (8) minutes east fifty-eight and sixty hundredths (58.60) feet to a point; Thence, north seventy-nine (79) degrees thirty-nine (39) minutes east four hundred eighty-seven and seventy-seven (487,77) feet to a point; Thence, south sevent,-one (71) degrees twenty-six (26) minutes east one hundred eighteen and twenty-six (118.26) feet to a point; Thence, south fifty-two (52) degrees twenty-nine (29) minutes east one hundred thirty-six and fifty-six hundredths (136.56) feet to a point on line of lands now or late of E.W. Yeingst; Thence, along lands now or late of Earl W, Yeinast, south sixty-nine (69) degrees no (00) minutes west four hundred thirty-three and sixty-five hundredths(433.65) feet to a point on line of lands of the Reading Railroad Company; Thence, along said lands by a curve to the left having a radius of 1970.08 feet, the arc distance of 400.04 feet to a point, the place of BEGINNING. BEING LOT NO.2 on Subdivision Plan, prepared by D.P, Raffensperger Associates, for Earl W, Yeingst, recorded in Plan Book 26, Page 21, BEING the same premises which Sigrid R. Moffitt, single woman, by Deed dated July 10, 1989 and recorded AugUlSt 8, 1989 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book C, 34, Page 338, granted and conveyed unto Merle R. Witter and Constance O. Witter, his wife, UNDER AND SUBJECT to a certain boundary line agreement between grantor and John W. Plowman, Jr. and Wenda L. Plowman, as set forth in the OfEla of tha Recorder of Deeds of Cumberland County, Pennsylvania in Book 304, Page 1. EXHIBIT A At: T~~SE ~RACT: 0: ~ANO and p~em~ses, situate, l,ing and To nsh.? o. ~on_~e, Count? or Cumoerland and Commonwealth mo~e pa=tioula=ly described as follows: being in the of I?enns:'lvania, TRACT ~O. 1 BEGINN!NG at a point at the edge of the water on the northeaste~n side of the Yellow a~eeches Creek, on the dividing line between lands fo~me~ly of willia~ t. Knaub and John A. 3elt=hoover, et al, now Ray Ha=rigan; Thence no~th 15 degrees east, along said dividing line, one hundred thi~ty (130)' feet to a point: Thence south i3 deg=ees east, at right angles with the aforesaid divid~ng line, a distance of ninety (90) feet to a point; Thence, south l~ degrees west, at a right angle, one hund=ed ehirty (130) feet to a point at or in the aforesaid Creek; Thenoe in a southweste~ly direction, at a right angle, ninety (90) feet to a p~int the place of BEGINNING. THEREON erected a single dwelling house. ' TRACT NO. 2 BEGINNING a~ a stone monument on lands of Ray T, Harrigan and Hary 0, ; Harrigan, h.s wife, Thence, by same, north 32 degrees 15 minutes eas' a distance of fourteen (14) feet to an iron pipe: Thenc~, by same, sout~'77 degrees east, a distance of seventy and eight-tenths (70.8) feet to a stake; Thence, by same to the center of the private lane at stone monument, south 20 degrees, 45 minutes east, a distance of twenty-one (21) feet to a poi~: at lands of Estella I?ent~: Thence along lands of Estella P.~t:, north '0 degrees west, a distance of eighty-seven and five-tenths (8,,~) feet to the stone monument, the pla~e of BEGINNING. CONTAINING approximately thirteen hundred eighty-five (1385) square feet, TRACT NO. 3 BEGINNING at a point in the right of way line of Creek Road (Twp, Road T- 650): said point being on line of lands now or late of Earl W, Yeingst; Thence along said land, north twenty-three (23) degrees thirty-two (32) minutes east to a point in the center line of Yellow Breeches Creek: Thence, along the center line of Yellow Breeches Creek, north eighty-five (85) degrees three (3) minutes east two hundred fifteen and twenty hundredths (215,20) feet to a point: Thence, north seventy-one (71) degrees fifty-two (52) minutes east one hundred fifty-seven (157) feet to a point: Thence, north fifty-four (54) degrees twelve (12) minutes east one hundred eighty-eight and fifty-five hund~edths (188.55) feet to a point; Thence north seventy-five (75) degrees thirty-three (33) minutes east one hundred thirty and nine hundredths (130.09) feet to a point; Thence south sixty-four (64) degrees fifteen (15) minutes thirty (30) seconds east one hundred fifteen and ninety-two hundredths (115,92) feet to a point; Thence, south five (5) degrees two (2) minutes east one hundred forty-one and nine hundredths (141.09) feet to a point; Thence south tweuty-nine (29) degrees sixteen (16) minutes east one hundred nineteen and forty two hundredths (119.42) feet to a point on line of lands now or late of Ea=l W. Yeingst; ~hence, along said lands south sixty-nine degrees no (00) minutes west forty-six and seventy-nine hundredths (46.79) feet to a point in the right of way line of creek Road (Twp. Road T-650); Thence, continuing in said right of way line the tOL10wing cou~ses and distances: no~~h fift,-two (52) deg~ees twenty- nine (29) minutes west one hund~ed sixt,-two and twentl-six hund~edths (162.26) feet to a point; Thence, no~th seven~y-one (7ll deg~ees twenty- six (26) minutes west one hund~ed thi~t,-two and twen~,-six (25) minutes west one hundred thi~t,-two and twent,-six hund~edths (132.26) feet to a pointj Thence, south seventy-nine (79) degrees thi~ty-nine (39) minutes west fou~ hund~ed ninety-fou~ and forty-one hundredths (494.4L) feet to a point; Thence, south eighty.six (86) deg~ees eight (8) minutes west fifty seven and twenty-eight hund~edths (57.23) feet to a point, the place of BEGI~~I~G, BEI~G lo~ No. l on Subdivision ?lan, p~epa~ed by D.?, Raffens?e~ge~ Associates, fo~ Ea~l w', Yeingst, reco~ded in Plan Book 26, Page 2l. TRACT NO, 4 BEGINNING at a point in the right of way line of Creek Road (Twp. Road T- 650); said point being on line of lands now or late of Reading Railroad Compan,j Thence, continuing in the right of way line of Creek Road (Twp, Road T-650) the tol10wing courses and distances. North eighty-six (86) . degrees eight (8) minutes east fifty-eight and sixty hundredths (58.60) feet to a point; Thence, north seventy-nine (79) degrees thirty-nine (39) minutes east tour hund~ed eighty-seven and seventy-seven (487,77) feet to a pointj Thence, south seventy-one (71) degrees twenty-six (26) minutes east one hundred eighteen and twenty-six (118.26) feet to a point; Thence, south fifty-two (52) degrees twenty-nine (29) minutes east one hundred thirty.six And tifty-six hundredths (136.56) feet to a point on line of lands now or late of E,W. Yeingst; Thence, along lands now or late of Earl W. Yeingst, south sixty-nine (69) degrees no (00) minutes west four hundred thirty-three and sixty-five hundredths(433.65) feet to a point on line of lands of the Reading Rail~oad CompanYi Thence, along said lands by a curve to the left having a radius of 1970.08 feet, the arc distance of 400.04 teet to a point, the place of BEGINNING, BEING LOT NO. 2 on Subdivision Plan, prepared by 0.1', Raffensperger Associates, for Earl W, Yeingst, recorded in ?lan Book 26, ?age 21, BEING the same premises which Sigrid R. Moffitt, single woman, by Deed dated July 10, 1989 and recorded August 8, 1989 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book C, 34, Page 338, granted and conveyed unto Merle R. Witter and Constance O. Witter, his wife, UNDER AND SUBJECT to a certain boundary line agreement between grantor and John W. Plowman, Jr. and Wenda L. Plowman, as set forth in the Offie of the Recorder of Deeds of CUll'ber1and County, Pennsylvania in Book 304, Page 1. . EXHIBIT A Att TH~S~ ;RACTS o. tA~D and p~emises, situate, lyin( and Townsh.? o. ~on~~e, Count: of Cumbe~ia~d and Commonwealth mo~~ pa~tioula~ly desc~ibed as follows: being in the of E'ennsl"lvania, TRACT ~O. L BEGINN!NG at a point at the edge of the wate~ on the no~theastern side f the Yellow Breeches Creek, on the diViding line bet~een lands formerly ~f willia~ t. Knaub and John A. Belt:hoover, et al, now Ray Ha~~igan: Thence, north L5 degrees east, along said dividing line, one hund~ed thirty (L30) feet to,a point; Thence south i5 deg~ees east, at right angles with the aforesa.d divid:ng line, a distance of ninety (90) feet to a point: Thence, south L~ degr~es west, at a right angle, one hund~ed thirty (L30) feet to a point a; or in the aforesaid Creek; Thence, in a southwesterly direction, at a r.ght angl~, ninety (90) feet to a point the place of BEGINNI~G. THEREON erected a single dwelling house. ' TRACT NO. 2 ~EG!NN!~G at a stone monument on lands of Ray T. Harrigan and Hary 0, ; Harrigan, his wife, Thence, by same, north 32 degrees, L5 minutes east, a distance of fourteen (L4) feet to an iron pip~: Thence, by same, south 77 degrees east, a distance of seventy and eight-tenths (70.8) feet to a stake; Thence, by same to the center of the private lane at stone monument, south 20 degrees, 45 minutes east, a distance of twenty-one (2L) feet to a poi~: at lands of Estella Pentz; Thence along lands of Estella Pe~t:, north I~ decrees west, a distance of eighty-seven and five-tenths (8,.~) feet to the stone monument, the place of BEGINNING. CONTAINING approximatelY thirteen hundred eighty-five (L385) s~uare feet, TRACT NO. 3 BEG!NNI~G at a point in the right of way line of Creek Road (Twp. Road T- 650); said point being on line of lands now or late of Earl W. Yeingstj Thence along said land, no~th twenty-three (23) degrees thirty-two (32) minutes east to a point in the center line of Yellow Breeches Creek: Thence, along the center line of Yellow Breeches Creek, north eighty-five (85) degrees three (3) minutes east two hundred fifteen and twenty hundredths (215.20) feet to a pointi Thence, north seventy-one (71) degrees fifty-two (52) minutes east one hundred fifty-seven (L57) feet to a pointi Thence, north fifty-four (54) degrees twelve (12) minutes east one hundred eighty-eight and fifty-five hundredths (188,55) feet to a pointi Thence north seventy-five (75) degrees thirty-three (33) minutes east one hundred thirty and nine hundredths (130,09) feet to a point; Thence south sixty-four (64) degrees fifteen (L5) minutes thirty (30) seconds east one hundred fifteen and ninety-two hundredths (lL5,92) feet to a point: Thence, south five (5) degrees two (2) minutes east one hundred forty-one and nine hundredths (L4L.09) feet to a point; Thence south twenty-nine (29) degrees sixteen (16) minutes east one hundred nineteen and forty two hundredths (119,42) feet to a point on line of lands now or late of Ea~l W. Yein~st; Thence, along said lands south sixty-nine degrees no (00) minutes west forty-six and seventy-nine hundredths (46.79) feet to a point in the right of way line of creek Road (Twp. Road T-650): Thence, continuing in said right of way line the . !oilowinr courses and distances: north fifty-two (52) degrees twenty- nine (29) minutes west one hundred si~t/-two and twent7-si~ hundredths (162,26) feet to a point: Thence, north seventy-one (7l1 degrees twenty- six (26) minutes west one hundred thirty-t~o and t~enty-six (26) minutes west one hundred thirty-two and t~enty-six hundredthS (132.26) feet to a point: Thence, south seventy-nine (79) degrees thirty-nine (39) minutes west four hundred ninety-four and forty-one hundredths (494.4l) feet to a point: Thence, south eighty-si~ (86) degrees eight (8) minutes west fifty seven and twenty-eight hundredths (57.29) feet to a point, the place o! BEGINNING. BEING Lot No.1 on Subdivision Plan, prepared by D.P, Ra!fens~erger Associates, for Earl W. Yeingst, recorded in Plan Book 26, Page 21. TRACT NO.4 BEGINNING at a point in the right of way line of Creek Road (Twp. Road T- 650); said point being on line of lands now or late of Reading Railroad Company; Thence, continuing in the right of way line o! Creek Road (Twp, Road T-650) the following courses and distances. North eighty-six (86) . degrees eight (8) minutes east fifty-eight and sixty hundredths (58.60) feet to a point; Thence, north seventy-nine (79) degrees thirty-nine (39) minutes east four hundred eighty-seven and seventy-seven (487,77) feet to a point; Thence, south seventy-one (71) degrees twenty-six (26) minutes east one hundred eighteen and twenty-six (118.26) feet to a point: Thence, south fifty-two (52) degrees twenty-nine (29) minutes east one hundred thirty-six and fifty-six hundredths (136.56) feet to a point on line o! lands now or late of E.W, Yeingst: Thence, along lands now or late of Earl W, Yeingst, south sixty-nine (69) degrees no (00) minutes west four hundred thirty-three and sixty-five hundredths(433.65) feet to a point on line of lands of the Reading Railroad Company: Thence, along said lands by a curve to the left having a radius of 1970.08 feet, the arc distance of 400,04 feet to a point, the place of BEGINNING. BEING LOT NO, 2 on Subdivision Plan, prepared by D.P, Raffensperger Associates, for Earl W. Yeingst, recorded in Plan Book 26, Page 21. BEING the same premises which Sigrid R. Moffitt, single woman, by Deed dated July 10, 1989 and recorded August 8, 1989 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book C, 34, Page 338, granted and conveyed unto Merle R. Witter and Constance O. Witter, his wife. UNDER AND SUBJECT to a certain boundary line agreement between grantor and John W. Plowman, Jr. and Wenda L. Plowman, as set forth in the Offie of the Recorder of Deeds of Cumberland County, Pennsylvania in Book 304, Page 1.