Loading...
HomeMy WebLinkAbout95-05475 " ~ ~ SILVER SPRING TOWNSHIP AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Claimant vs. MLD TERM 1995 WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT, SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT' REED, and HOWARD R. REED, RICHARD G. MOYER, t/d/b/a RMR ASSOCIATES, Defendants NO. qs- - 5'475" 11'-0 r~ MUNICIPAL LIEN DOCKET MUNICIPAL CLAIM AND NOW, comes the Claimant, Silver spring Township Authority, by the Chairman of the Board of the Silver Spring Township Authority, and files this claim against owners or interested parties William F. Rothman, Charles F. Schubert, Samuel L. Reed, t/d/b/a Rothman, Schubert , Reed, and Howard R. Reed, Richard G. Moyer, t/d/b/a RMR Associates, and all that certain tract of land with improvements situate in the Village of Hogeetown, Township of Silver Spring known and numbered as 6615 carlisle Pike, being the same premises acquired from F. Michael Witkoski and Arlene F. Witkoski by deed dated January 12, 1987 and recorded in the Offioe of the Reoorder of Deeds in and for Cumberland county, Pennsylvania, in Deed Book "L", Volume 32, Page 438. The premises is further identified as Tax Property Map No. 18-1332/ Parcel No. 044/ Assessment District 38 in the records of cumberland County. This olaim is based in part upon the authority of the Claimant pursuant to the duly enacted .1 . I JUDGIIBN'l' NOTB J~5.49l! AUGUST 15. 1995 " . AND NOW, this 15th day of Auqust. 1995, FOR VALUE RECEIVED, this Judqment Note is made by and between the undersiqned, WILLIAM P. aOTHIIAN, CHULIS P. SCROBDT and SAlltJIL L. alBD, t/d/b/a aOTHHAH, SCHUlDT' alSO, a pennsylvania qeneral partnership, and BOWUD a. allm and aICIWlD G. llOYD, t/d/b/a RIIIl ASSOCIATIS, a Pennsylvania qeneral partnership (all hereinafter referred to as "Obliqon"), and SILVBJl spaING TOlftlSHIP AU'l'HOaI'l'r, a municipal corporation (hereinafter referred to as "Obliq.."). Obliqors, and their executors, administrators, successors and assiqns are held and firmly bound unto Obliqee, and its executors, ~ administrators, successors and assiqns, and obliqors do hereby promise to pay to the order of Obliqee, without defalcation, the principal sum of TBIaTY-PIVB '1'IIOUSAHD POUlt IltDIDI.B AID 00/100 DOLLAaI (.35,400.00), toqether with interest on the entire unpaid principal at the rate of 'IVB AIm 00/100 PDCIIIT (5.00") per annum, from the date of this Judqment Note. said payments shall be made in lawful money of the united States of America. The principal sum shall be paid in seven (7) annual installments of 'IVB THOUSAND AND 00/100 DOLLAaS (.5,000.00) due and payable on the fifteenth (15th) day of Auqust of the followinq years: 1996, 1997, 1998, 1999, 2000, 2001 and 2002. If any principal remains unpaid on Auqust 15, 2003, such principal shall then become illlllediately due and payable. payments of interest only shall be due and payable quarterly-annually on the fifteenth (15th) day of November, 1995, and on the fifteenth (15th) day of February, May, Auqust and November of each succeedinq year until the principal balance shall have been paid in full. The amortization schedule, as set forth in Schedule "A", attached hereto, is incorporated herein by reference and is made an inteqral part of this Judqment Note. This Judqment Note may be prepaid, in whole or in part, without penalty and without the accrual of additional interest on the prepaid principal after the date of prepayment, but all prepayments shall be applied to any installments then outstandinq in the inverse order of their maturity. 1 EXIIIIlIT ^ (1'lIge I (If 7) .' Protest and notice of dishonor are hereby waived. If at any time default shall occur in the payment of principal or interest, as set forth in this Judqment Note, for the space of thirty (30) days after payment thereof shall have been due, then the entire unpaid principal and accrued interest shall become due and payable immediately. With or without default hereunder, Obligors authorize and empower Obligee's attorney-at-law or the prothonotary of any court of record of Pennsylvania, or elsewhere, to appear for and to confess judqment against Obliqors, and in favor of Obligee, for the entire unpaid principal and accrued interest, together with all charqes and costs thereof, and toqether with accrued interest after declaration filed, and toqether with attorney's fees of five percent (5\) of the entire unpaid principal, and enter jUdqment without process against Obliqors, with or without declaration, and Obliqors hereby release all errors in any such ~roceedinqs and waive all riqhts of objection, exception and appeal, and pursuant to and upon such judqment Obliqors hereby authorize and consent to iIl'IlIediate execution upon any property, real, personal or mixed, wheresoever situated, hereby voluntarily condemninq the same, and no bill in equity, petition or other proceedinq shall be filed or interfere in any manner with the operation of such judqment or execution thereupon, hereby ratifying and confirminq all that said attorney-at-law or prothonotary may do by virtue hereof, and waivinq and releasinq all riqhts and benefits of appraisement, and inquisition of real estate, stays of execution and exemption laws of any jurisdiction, now in force or hereafter enacted. Obliqors further authorize that any such judqment taken aqainst them may be cross-filed as a municipal lien in the municipal lien docket of the county in which such judqment is entered. Obliqors represent, certify and warrant that they have read and reviewed the contents of this JUdqment Note, that they understand the provisions hereof, that they are aware and understand that the Judgment Note authorizes the confession and entry of a judgment aqainst them for the entire unpaid principal, toqether with interest at the rate of five percent (5\) per annum, charges, costs and attorney's fees of five percent (5\), and that they have signed this Judgment Note voluntarily and with the intent to be bound legally hereby. This Judgment Note shall be governed by and construed in accordance with the laws of the Commonwealth of pennsylvania. This Judgment Note is not assiqnable or transferrable by Obliqors, or any of them, or by Obliqee, without prior written approval from the other party. When permitted, the assignment or transfer of this Judqrnant Note shall be bindinq upon and inure to the benefit of the successors, assigns, transferees, personal representatives, 2 EXIIIIlIT ^ (1'1111" 2 .., 7) executors, administrators and heirs of Obliqors and Obliqee, respectively. IN WITNISS WBlRIOr, Judgment Note the day and WITNESS, Obliqors have siqned and year first written above. J;:f LLIAH ". aOTIIIIAN , sealed this J J-:' (-+L f.......,fL,.-.- ~ m J.. -=-. OILIGOa l~ ~,")Iz;fL , ..,-:,/ ~ . ~.i l " '" l ... '- /" .... CRULIS . SCHUlDT, OILIGOa 1<11:tu(J ;!d.tt.J pI, SAHUIL L. allD, OILIGOa -:::::J / '1 tJ . --- -:!t"~L :"tt.L/{',/t....jd -- = IIID. liiLiaoa ~.-""J /,"/ ~~...,,- aI~1W) G. llOYD, OIL Ilea f~ L- A- .r' fIut.-. r, I , , 1 i__ t''v''- '. ,z [: =>--;)~ COMMONWEALTH OF PENNSYLVANIA I I SSI Com-lTY OF :~,,'I/,....Ic. ,\" I On this, the !'I'I/'day of Auqust, 1995, before me, a Notary Public for the Commonwealth of pennsylvania, the undersiqned officer, personally appeared WILLIAM r. aOTHNAM, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledqed that he exocuted the lame for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto. set my hand and nota~ial seal. /' / --'/./1/ / -;:'/, 1/;" Notary public My commission Expires I NOTARIAL EEAL JOm r-, \','!,RO, ! lot.tv Public Lee'o\'r, C,m~E'M1 CCI.!r.IV J 11,\. "":~t.',:b~".' ":~: 19~5 .-- -.... -+----- _.~ I~XIIlIHT, _^ (l'i1g" J .. I 7) . . I," II, " . .YAIBIT -A- MORTIZATION SCBlDULB I2i.tJl Payment Amount Princical Balance 11-15-95 Interest t442.50 '35,400.00 02-15-96 Inter9st '442.50 '35,400.00 05-15'96 Interest t442.50 '35,400.00 08'15-96 Interest $442.50 '35,400.00 08-15-96 Principal '5,000.00 '30,400.00 11.15.96 Interest '380.00 '30,400.00 02-15'97 Interest '380.00 '30,400.00 05-15-97 Interest '380.00 $30,400.00 08-15'97 Interest '380.00 $30,400. DO' 08-15'97 Principal '5,000.00 $25,400.00 11-15-97 Interest '317.50 '25,400.00 02-15-98 Interest .317.50 '25,400.00 05-15-98 Interest '317.50 '25,400.00 08'15-98 Interest $]17.50 '25,400.00 08-15-98 Principal '5,000.00 $20,400.00 11-15-98 Interest '256.25 '20,400.00 02-15'99 Interest '256.25 '20,400.00 05'15-99 Interest '256.25 '20,400.00 08-15'99 Interest '256.25 '20,400.00 08.15.99 Principal '5,000.00 $15,400.00 11.15.99 Interest $192.50 $15,400.00 6 EXII I11t'l' ^ (1'lIgu (, or 7) --- ..t ,,',_ ".,,: '. 02-15'00 Interest U92.50 U5,400.00 05-15-00 Interest U92.50 US, 400.00 08-15-00 Interest U92.50 US, 400.00 08-15'00 Principal '5,000.00 UO,400.00 11-15-00 Interest U30.00 UO,400.00 02-15'01 Interest U30.00 UO,400.00 05'15-01 Interest U30.00 UO,400.00 08'15-01 Interest U30.00 UO,400.00 08-15-01 Principal '5,000.00 '5,400.00 11-15'01 Interest '67.50 '5,400.00 02-15-02 Interest '67.50 .S, 400.00 05-15-02 Interest '67.50 .5,400.00 08-15'02 Interest '67.50 '5,400.00 08'15-02 Principal '5,000.00 "00.00 11-15-02 Interest '5.00 '400.00 02-15'03 Interest '5.00 .400.00 05.15'03 Interest '5.00 .400.00 08'15-03 Interest '5.00 '400.00 08'15-03 Principal f400.00 '0.00 7 IiX1!!J!.!.'LI\ (('UKl' 7 n f 7) 1 { " ~ Lr> " '\:l ~ en - " , G; 0 " ~ "":: I'r) ...t " ~ "t ' , , Q q) ~ ~ i , ... --. ,- ., c-' J J -l. ~ .... l;;) I '" ~ .... ~ ~ .. ~" -~ : ~ ~ ~ ~ ~} ~~,,~ "f. .,." ., .-. SILVER SPRING TOWNSHIP AUTHORITY, Plaintiff V. WILLIAM F. ROTHMAN, CHARLES F. SCHUBER.T, SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT & REED and HOWARD R. REED, RICHARD G. MOYER, t/d/b/a RMR ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 95-5475 CIVIL TERM PRAECIPE TO SATISFY TO THE PROTHONOTARY: .?C Please mark the municipal lien in the above-captioned matter as satisfied. 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 Attorney for Plaintiff 4 S co ._(?L ;;r:w .i:a .», :.: ?. ,? ?: ... ? ?,. .., ,..€ ?', ?: ?; ...