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HomeMy WebLinkAbout00-01288 ~~. -"".j, , t . PENNSYLVANIA STATE BANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. RONALD B, CLIPPINGER, and NANCY K. CLIPPINGER, husband and wife, : NO, 2000-1288 CIVIL Defendant RELEASE Please release from the lien arising from the above-captioned action, real property known and numbered 242 & 244 Arch Street. Carlisle, PA., 17013, being more fully described in the attached Exhibit "A". ATTEST: jJl>~~ PENNSYLVANIA STATE BANK f11A1v-M~ by: Alan Patton. Vice President DATE: ()~/u./oo t . STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the }>41ay of A,,'i" \1' , 2000, before me, the undersigned officer, personally appeared ALAN PATTON, who acknowledged himself to be the Vice-President, etc. of Pennsylvania State Bank, and being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as Vice-President. IN WITNES -..-'-' - -'-- - '!!~~PUIlIlC IIEA1tII!R. lIR.UO:"""':' am CoUntY camc:.KIII = = Fell. 16. 2llO4 ~MIlI WHEREOF, I hereunto set my hand and official seal. ~u)~ ""~,> ." , I"' EXHIBIT "A" ALL that certain lot of ground situate on the West side of Arch Street, in the borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the West side of Arch Street on the southerly line of lot now or formerly of Strine and Company; thence along said side of Arch Street southerly 60 feet to the line of lot now or formerly of William Steinour and Wife; thence extending westerly along the line of Steinour lot, 120 feet. more or less. to a 12 foot alley; thence northerly along said alley, 60 feet to the line of lot now or formerly of Strine and Company; thence easterly along the line of Strine lot, 120 feet, more or less, to the place of BEGINNING. BEING improved with a dwelling or apartment house known as Nos. 242 and 244 Arch Street. AND BEING the same premises which Ronald B, Clippinger and Nancy K. Clippinger, by Deed dated and recorded even date herewith in the Office of the Recorderof Deeds in and for Cumberland County, PA.. granted and conveyed unto Troy H. Landis and Michelle L. Landis. a .-"" , J:dtjiil1.l.;;%l~ ;~' , -'~-~r...nt~ii11j~ ='~\iiiO~~.j'illl'h>"'""""" ,,,>' ''', ....,-~ -~.. r, " ~ ~ \", (') CJ . \ (:) C <::.:; -q ~ "0;;;': bo ., ~ CD C:: - -,', me:., G') -;r---=:' z.."., 1'-,) :-;,1'1 \ ""'c .. --I "- Ci5 .'> co . , :.-< ~'--. ',--, ~ ~ ~C) "'t) 'j;.;;. -',', ~(; ~. ,~.-~ -- , ~, ~3r~ ~() GJ ~ ""c r:,:? V --,. s;' ~ 5J ~ {A! --< /J , ,,' ,. ." . ~ ,- . ~~"", "" ''''',''~' , . ,,,, ~"\ , 2958Notice!Civil/CLN PENNSYLVANIA STATE BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 00-1288 RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, Defendants CIVIL ACTION. LAW CONFESSION OF JUDGMENT FOR MONETARY DAMAGES CERTIFICATE OF SERVICE ! ~. , II' ! if' I, Bruce D. Foreman, Esquire, do hereby certify that on this, the 5th day of April, 2000, I served a true and correct copy "Notice under Rule 2958.1 of Judgment and Execution Thereon," upon Defendants, by sending the same to each of them, by first class U.S. mail, postage prepaid, addressed as follows: , ,,- Ronald B. Clippinger 351 West North Street Carlisle, PA 17013 Nancy K. Clippinger 351 West North Street Carlisle, P A 17013 i I, I I' , , I I [' I, Respectfully submitted: :CHOLAS~'~iL-- BRUCED, 0 MAN,ESQ 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236.9391 Atty. ID #21193 Attorneys for Plaintiff ,~ . . . . 1<Id\",' . 2958Notice/CivillCLN PENNSYLVANIA STATE BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 00.1288 RONALD B, CLIPPINGER and NANCY K. CLIPPINGER, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT FOR MONETARY DAMAGES NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: Ronald B. Clippinger 351 West North Street Carlisle, PA 17013 A judgment in mortgage foreclosure in the amount of One Hundred Ten Thousand Six Hundred Twelve and 55/100 ($110,612.55) Dollars, together with interest from February 15, 2000, plus costs, has been entered against you and in favor ofthe Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this Notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKlNG RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS, 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, Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249.3166 ::~HOIb_F:RE BRUCE D, FOREMAN, ESQ 4409 North Front Street Harrisburg, P A 17110.1709 (717) 236-9391 Atty. ID #21193 --~, "'" "~ ~~.~ :""""" , <-""'~ -' . 2958Notice/Civii/CLN PENNSYLVANIA STATE BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00.1288 RONALD B. CLIPPINGER and NANCYK, CLIPPINGER, Defendants CIVIL ACTION. LAW CONFESSION OF JUDGMENT FOR MONETARY DAMAGES NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: Nancy K, Clippinger 351 West North Street Carlisle, PA 17013 A judgment in mortgage foreclosure in the amount of One Hundred Ten Thousand Six Huudred Twelve and 551100 ($110,612.55) Dollars, together with interest from February 15, 2000, plus costs, has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you, The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this Notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 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, Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 By: BRU ED. FOREM N, 4409 North Front Street Harrisburg, P A 17110.1709 (717) 236-9391 Atty, ID #21193 ..,'- ~_IlIi'P"~ - ::!IJ-}"'-, -~-~ - _:'~'il~dl'" ._~ " ~- '- '~" ~,' ~ .~'" .'~ ~ '- () 0 0 c 0 -n $: ;:g: ..., lJOJ ,,,. ~l: -,1 "'1rl1 ---< rnr- Z::U I :g~ ZC;::: ~~2:: U1 j'-) -'::.., J ~O --0 ----,- -ri j;; ::r.: c:S :n zQ Z~ -.0 -, )c>c ~ Z "-" ?i5 ~ 0 -< I < _~ "I k. . "c", e Confsion. j dg-clippinger PENNSYLVANIA STATE BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, RONALD B. CLIPPINGER, AND NO. cJ... o-rJ-r) - / ') <ltg ~ NANCY K. CLIPPINGER, CIVIL ACTION - LAW CONFESSION OF JUDGMENT FOR MONETARY DAMAGES Pursuant to the Authority contained in the Warrant of Attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants, jointly and individually, as follows: Principal $ 106,385.20 Fees $ 1,328.77 Interest $ 2,615.08 Costs $ 283.50 TOTAL $ A ',~'i Contsion.jdg-clippinger PENNSYLVANIA STATE BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. RONALD B. CLIPPINGER, AND NO. dvtnJO- /.,{st~ /~ NANCY K. CLlPPINGER, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT FOR MONETARY DAMAGES COMPLAINT AND NOW, comes the above named Plaintiff, PENNSYLVANIA STATE BANK, and by its attorneys, NICHOLAS & FOREMAN, brings this suit in Confession of Judgment and for Money Damages against RONALD B. Clippinger and Nancy K. Clippinger, upon a cause of action whereof the following is a statement: 1. Plaintiff, Pennsylvania State Bank, is a Pennsylvania business corporation organized under the laws of the Commonwealth of Pennsylvania with principal offices located at 2148 Market Street Camp Hill, Pennsylvania 17001. 2. Defendants, Ronald B. Clippinger and Nancy K. Clippinger, are adult individuals, and having a principal address of 351 West North Street, Carlisle, Cumberland County, Pennsylvania 17013 . 3. Defendants entered into a Promissory Note with Plaintiff, dated December 18, 1997, wherein Defendants, jointly and severally, agreed to pay to Plaintiff $123,000.00, together with interest at the rate of 9.5% per annum, with late charges to accrue with a Confession of Judgment expressly stated and authorized on ., "J" ", 't' ~\' defaul t . A true and correct copy of between the parties is attached hereto, made a part hereof. 4. The said Promissory Note was accompanied by two Disclosures for Confession of Judgment, one from each of the named Defendants, dated December 18, 1997, a true and correct copy of which is attached hereto, labeled Exhibit "B", and made a part hereof. the said Promissory labeled Exhibit "A", Note and 5 . No assignment of the said Promissory Note has been made. 6. No confession of judgment has previously been entered on the Promissory Note in any jurisdiction. 7. The said Promissory Note states that a default is committed by Defendants if Defendants fail to make any payment when due and fails to cure the default in payment within a period of fifteen (15) days of notice to do so, in which the said Promissory Note, authorizes the entry of judgment by confession against Defendants at the option of Plaintiff, for the remaining balance of the said Promissory Note. 8. Defendants are in default for failure to remit payments required on November 30, 1999, and all payments due thereafter resulting in a current balance due as of February 15, 2000, of a principal amount of $106,385.20, accrued interest of $1,328.77 and late charges of $2615.08 or a payoff as of February , .~ '<- w_, 15, 2000, in the amount of $110,612.55, together with per diem charges of $27.69 per day. 9. As authorized Plaintiff demands payment of attorney's fees in the amount of $1,061.25. WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, for monetary damages in the amount of $12,673.80, together with costs and interest from February 15, until paid in full. NICHOLAS & FOREMAN By -..-.~,-,- Bruce D. Foreman, ESQUIRE 4409 North Front Street Harrisburg, Pennsylvania 17110 (717) 236-9391 Sup. Ct. ID No. 21193 Attorneys for Plaintiff Dated: March 1, 2000 .J M.', 4 .~ VERIFICATION I verify that the statements made in this Complaint are true and correct. 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. ~.))~l'(L~&~ Barbara Brinton Administration Manager By Pennsylvania State Bank .k... illldlllill~ ".. . . ir.,_ PROMISSORY NOTE Borrower: Ronald B. Clippinger (SSN: 186-30-7487) NanCY K. Clippinger (SSN: 206-32-0356) 351 W, North Streel Carlisle, PA 17013 Lender: PENNSYLVANIA STATE BANK Carlisle 1 North Hanover Slreel Carlisle, PA 17013 Principal Amount: $92,000.00 Interest Rate: 8,750% Date of Note: December 18, 1997 PROMISE TO PAY. Ronald B, Clippinger and Nancy K, Clippinger ("Borrower") promise to pay 10 PENNSYLVANIA STATE BANK ("Lender"). or order, In lawlul money ollhe Un lied Slates 01 America, Ihe principal amounl 01 Ninety Two Thousand & 00/100 Oollars ($92,000.00), logether wllh Interest atlhe rate 018.750% per annum on Ihe unpaid principal balance Irom December 18, 1997, until paid In lull. PAYMENT, Borrower will pay this loan In accordance wllh Ihe Iollowlng paymenl schedule: The principal sum 01 $92,000.00, togetner wllh Intereat aa herelnaller provided on the principal balance oulstandlng al any lime, calculaled on lhe basis 01 a 365 day year, ohall be payable In consecutive monlhly Installmenls, commencing on February " 1998, and conllnulng on the IIrat day 01 each monlh therealler unlll January 1,2018, unless the Lender elecls at any lime aller January " 2003 to deClare Ihe Ihen ramalnlng principal balance and accrued Inleresl as Immediately due and payable, as provided below, Commencing Irom the date hereol and conllnulng unlll January " 2003, principal and Interesl In arrears althe rate 01 eight and Ihree--quartera percent (8,75%) per annum on the outstanding principal balance shall be payable In equal monthly Inslallments 01 $SI3,OI on the IIrsl day 01 each monlh, each such paymenllo be applied IIrstlo the paymenl ollnleresl on the outslandlng principal balance, based on an agreed twenty (20) year amortization, Therealler. unless tne Lender has elected to declare Ihe then remaining prlnclpsl balance and accrued Inlerest as Immedletely due and payable, as provided below, the Inleresl rale payable on Ihe prlnelplll amounl 01 the Loan then outslandlng shall be a rale as ollered by Ihe Lender In lis sole discretion, and Ihe amounl 01 the monlhly Installmenls 01 principal and Interesl shall be such as have been agreed between the Borrower. and Ihe Lender. IIlhe Lender chooses nolto oller a IIxed rate, or Ihe Borrower does not aeeepl Ihe rate, II any as ollered by the Lender, the rete 01 Inlerest payable on. Ihe loan lor Ihe remainder 01 the loan term shllll be one and one-llllll percent (1,50%) plUS the base Interest rale announced from lIme to time by Pennsylvania Slate Bank, as liS "Base Lending Rale". such Interesl rale under Ihls nole to be adlusted when and as said base Inleresl rale changes. Principal and Inlarest, at Ihe rale above slated, shall be paid by Borrower 10 Lender In consecullve monlhly Inslallments commencing on February I, 2003, and continuing on the Ilrst day 01 eaCh monlh thereafter unlll January 1,2018, unless the Lender has elected to declare the Ihen remaining principal balance and accrued Inlerest as Immediately due and payable, as provided below. Monthly, payments 01 principal and Inlereslshall be calculated and adjusled quarterly (provided Ihe Lender reserves the rlghl 10 change more Irequently than quarterly II necessary 10 avoid negative amortization) based upon Ihe lollowlng: (1) Pennsylvania Stale Bank's Base Lending Rale plus one and one-hall percenl (1.50%); (2) Ihe principal remaining unpaid; and (3) the remaining amortlzallon lerm ollhe loan, Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may deSignate in writing. Unless othel"\oVise agreed or required by applicable law, payments will be applied first to accrued unpaid Interest, then to principal, and any ramaining amount to any unpaid collection costs and late charges. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned lully as of the date 01 the loan and will not be subject to refund upon early payment (whether VOluntary or as a result ot default), except as otherwise required by law, Upon prepayment ollhls Note, Lender Is enlllled to Ihe lollowlng prepaymenl penalty: two percenl (2%) 01 amount prepaid during any IIxed rale term, Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than II is due, Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower making fewer payments, LATE CHARGE, If a payment is 15 days or more late, Borrower will be charged 10.000% 01 the regularly scheduled paymenl or $50.00, whichever Is greater. DEFAULT, Borrower will be in default if any 01 the following happens: (a) Borrower falls to make any payment when dua, (b) Borrower breaks any promise Borrower has made to Lender, or Borrower falls to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of credit, security agreement, purChase or sales agreement, or any other agreement, in favor of any other creditor ,or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under thi~ Note or any of the Related Documents. (d) Any representation or statement made Or !urnished to Lender by Borrower or on Borrower's behalf Is false or misleading in any material respect either now or at the time made or furriiSh~d. (e)' B:orrower dies or becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the beneflt of creditors, or any proceeding Is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor tries to take, any of Borrower's property on or in which Lender has a lien or security Interest. This includes a garnish",ent of any of Borrower's accounts with Lender. (g) Any of the events described in this defaull section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness Is impaired. (i) Lender in good faith deems itself inseCUre. If any default, other than a default ;n payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving'written notice from Lender demanding cure of such default: (a) cures the default within thirty (30) days; or (b) if the cure requires more than thirty (30) days, Immediately initiates steps which Lender deems in Lender's sole discretion to b;e sufficient to cure the default'and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as r~asonably practical. LENDER'S RIGHTS. Upon defauit, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Lender may hire or pay someone eise to help collect this Note if Borrower does not pay, Borrower also will pay Lender that amount. This includes, sUbject.to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including eHorts to modify or vacate any automatic stay or injunction). appeals, and any anticipated post-judgment cqllection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with thl$ Note, interest will continue to accrue on this Note after judgment at the existing Interest rate provided for in this Note, This Nole has been delivered to Lender and accepted by Lender In Ihe Commonwealth 01 Pennsylvania, II there Is a lawsuit, Borrower agrees upon Lender's requesl \0 subml\ \0 the iurlsdlc\lon otthe courtsot Cumberland County. the Commonwealth 01 Pennsylvania. This Nole shall be governed by and ~on.lrued In accordance wllh the taws 01 the Commonwealth 01 Pennsylvania, DISHONORED ITEM FEE, Borrower will pay a fee to Lender of $20,00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with Which Borrower pays is later dishonored. RIGHT OF SETOFF, Borrower grants to Lender a contractual possessory security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender aU Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held joIntly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law, Borrower authorizes Lender, to the extent permllled by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts, COLLATERAL. This Note is secured by , among other things, a Mortgage and Security Agreement from Borrower to Lender of even date herewith and intended to be recorded forthwith, secured upon premises situate at 145 D Street, Carlisle, Pa, 17013 as described in said Mortgage. All of the agreements, conditjons, covenants, provisions and stipulatIons contained in the Mortgage which are to be kept and performed by Borrower, are hereby made a part of this Note to the same extent and with the same force and effect as jf they were fully set forth herein, and Borrower covenants and agrees to keep and perform therm, or cause therm to be kept and performed, strictly in accordance with their terms. CALL PROVISION. At any time after the expiration of five (5) years from the date hereof, upon sixty days' prior wrillen notice to the Borrower, Lender, al its sole discretion, may declare the then remaining balance of the principal sum and accrued Interest as immedIately due and payable. If Lender never elects to make such declaration, this Note shall mature, and the entire unpaid balance of the principal sum and all accrued and unpaid interest thereon, shall be due and payable on January 1, 2018. VARIABLE INTEReST RATE. The interest rate on this Note may be subject to change from lime to time based on changes in an index which is the Pennsylvania State Bank's Base Lending Rale (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans and is set by 12-18-1997 Loan No 63000004 PROMISSORY NOTE (Continued) Page 2 Lender in its sole discretion, If the Index becomes unavailable during the term of this loan, Lender may designate a substitute Index after notifying Borrower, Lender will tell B.rrower the current Index Rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The Interest rate change will not occur more often than once each day, The Index currently Is 8.50% per annum. NOTICE, Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law, LOAN DOCUMENTS, This Note, the Mortgaga and Security Agreement, the related collateral documents, Lender's commitment letter to Borrower dated October 16, 1997, are referred to herein collectively as the 'Loan Documents", and the provisions thereof are incorporated herein by reference. DEFAULT INTEREST RATE, In the event of default for which Lender does not accelerate the Loan, including the fellure of Borrower to provide the finencial statements as required hereunder or unller the Loan Agreement, the applicable Interest rate on the Loan, lor a period beginnIng three (3) days after written notice of such default and ending upon the curing of said noticed default, shall increase one quarter of one percent (,25%) for the first thirty (30) days of said default and increase an additional one quarter (,25%) during each thirty (30) day period thereafter during which the notice default continues, Such default interest rates shall apply to the outstanding principal balance of the Loan, Upon the curing of the notlced default, the Interest rate on the Loan shall revert to the initially agreed-upon Interest rate effective on the date on which the default Is cured. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarant_ or endorses this Note, to the extent allowed by law, waive presentment, demand fot payment, prolest and notice of dishonor, Upon any change In the terms of this Note, and unless otherwise expressly stated In writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may reneW or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or Impair, fa/I to realize upon or perfect Lender's security Interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or noUce to anyone other than the party with whom \he modification is made. The obligations under this Note are joint and several, If any portion of this Nota Is for any reason determined to be unenforceable, It will not affect the enforceablllfy of any otMer proviSions of this Note, CONFESSION OF JUDGMENT, BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTlffi A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COpy OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT, THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORI1Y, BUT SHALL CONTiNUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FUL~ OF ALL AMOUNTS DUE UNDER THIS NOTE, BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE. EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BELOW, EACH BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE, THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED, BORROWER: x_I~~"'m Ronald B, Clippinger iF ......., ,,::::::NZ~!; XNg;!g~"~_i\%iJ.:tBllli Nancy K, Clip ng "".,.,......,. .. LENDER: PENNSYLVANIA STATE BANK By: ~-d(.v. ~~ Aulhorlzed OffIcer NOTICE TO COSIGNER YoU are being asked 10 guarantee Ihls deb\. Think carefully before you do. If Ihe borrower doesn't pay Ihe deb!, you will have 10. Be sure you can afford 10 pay If you have 10, and thai you wanllo accepllhls responsibility. You may have 10 pay up 10 Ihe lull amounl ollhe debllf Ihe borrower does nol pay, You may alSO have to pay lale teea or collecllon cosls, which Increase Ihls amoun\. The lender can collecl\hls debl from you W1lhoUlllrsl trying to collect from the borrower. The I.ender can use \he same collecllon me\hods agalnal you Ihal can be used agalnsllhe borrower. such as suing you. garnishing your wages. etc, If this debt Is ever In default, that facl may become a part of YOUR credll record, This nollce Is nollhe conlracllhat makes you liable for the debt. LAseR PRO, Reg. U.S. Pal. & T.M. Off., Ver. 3.24 (c) 1997 OFI ProServlces, Inc. All rights reserved.IPA~D20 CLfPPe.LN R5.DVLI FIXed Rale. Generic. " """~--'-',,"' """"",.l!IlII~"~IllH,,,;=..,., ~ ~~"' -~ ,,,,'~l!if!I!fi!!PIIl~ - . ~...... PROMISSORY NOTE Borrower: Ronald B. Clippinger (SSN: 186-30-7487) Nancy K, Clippinger (SSN: 206-32-0366) 351 W, North Slreel Carlisle, PA 17013 Lender: PENNSYLVANIA STATE BANK Carlisle I North Hanover Slreel Carlisle, PA 17013 i Principal Amount: $123,000,00 Interest Rate: 9.500% Date of Note: December 18, 1997 i PROMISE TO PAY. Ronald B, Clippinger and Nancy K, Clippinger ("Borrower") promise to pay to PENNSYLVANIA STATE BANK ("Lender"), or I order, In Iawlul money 01 Ihe Unlled Slales 01 America, lhe prlnelpal amounl 01 One Hundred Twenty Three Thousand & 001100 Dollars .. ($123,000,00), together wllh Inleresl at the rale 019,500% per annum on Ihe unpaid principal balance Irom December la, 1997, unlllpald In lull, I' PAYMENT, Borrower will pay Ihls loan In 84 paymenls of $2,011.60 each payment. Borrower's flrsl paymen1ls due January 20, 1998, and all , subsequenf payments are due on Ihe same day 01 each month al\er that. Borrower's IInal paymenl will be due on December 20, 2004, and will ,. be lor all principal and all accrued 1~leresl nOI yel pald, Payments Include principal and Interesl. Interest on this Note Is computed on a 365/365 ~ Simple Intere~t ~asls; that IS, by applYing the ratio of th~ ~nnual mtare~t rate over.tha number of days in a year, mulliplled'by the outstanding principal r balance, multiplied by the actual number of days, the principal balance IS outstanding. Borrower will pay Lender at Lender's address shown above or al I such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied fkst to accrued \ unpaid interest, then to principal, and any remaining amount to any unpaid collection casts and late charges. ) PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation 10 continue to make payments under the payment schedule, Rather, they will reduce the principal balance due and may result In Borrower making fewer payments. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% 01 the regularly scheduled payment or $50.00, whichever Is greater, DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower falls to make any payment when dUe. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition conlained in this Note or any agreemenl related to this Note, or in any olher agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or BorrOwer's ability to repay this Note or perform Borrowe~s obligations under this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleadlng in any material respect either now or at the time made or furnished. (e) Borrower dies or becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws, (f) Any creditor Iries to take any of Borrower's property on or In which Lender has a lien or security interest. This includes a garnishment of any of Borrower's accounts with Lender, (g) Any of the events described in this default section occurs wilh respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of Ihe Indebtedness is impaired, (I) Lender in good laith deems Itself insecure, If any -default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision Of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving wrlnen notice from Lender demanding cure of such default: (a) cures Ihe delaull wilhln fifteen (15) days; or (b) If the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be suffloient to cure the default and thi21reafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, aller giving such notices as required by applicable law, declare the entire unpaid principal balance on this Nole and all accrued unpaid interest immedietely due, and then Borrower will pay Ihat amount. Lender may hire or pay someone else to help collect this Note if Borrower does not pay, Borrower also will pay Lender that amount, This includes, subject to any limits under applicable law, Lender's allorneys' fees and Lender's legal expenses whether or not there Is a lawsuil, including allorneys' fees and legal expenses lor bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgmenl collection services, If not prohibited by appiicabie law, Borrower also will pay any court costs, in addition to ali other sums prOVided by iaw, If jUdgment is enlered in connection with this Note, interest will continue 10 accrue on this Note after jUdgment at the existing Interest rate provided for In this Note, ThiS Note has been delivered to Lender and accepted by Lender In Ihe Commonweallh 01 Pennsylvania. "there Is a lawsulI, Borrower agrees upon Lender's requeslto submllto Ihe Jurlsdlcllon of the courts 01 Cumberland County, Ihe Commonweallh of Pennsylvania, This Note shall be governed by and construed In accordance wllh Ihe lawa Of the Commonwe.llh of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $20.00 If Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF, Borrower grants to Lender a contractual possessory security Interest In, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all, Borrower's rightl title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts Borrower may open In the future, excluding however all IRA and Keogh accounts, and all trust accounls for which the grant of a security interest would be prohibited by law, Borrower authorizes Lender, 10 the extent permilled by applicable law, to charge or setoff all sums owing on this Note agalnslany aMeli such accounts, COLLATERAL. This Note is secured by, in addition to any other collateral, a Mortgage dated December 18, 1997, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, and a Mortgage dated December 18, 1997, to Lender on real property located In Cumberland County, Commonwealth of Pennsylvania, alllhe lerms and conditions of which are hereby incorporated and made a part of this Not~, DEFAULT INTEREST'RATE, In' the event of defaulllor which Ihe Lender does nol a.cc~lerate the Loan, including the failure of Borrower to provide the financial statements as required hereunder or under the Loan Agreement, the appllcabie interest rale on the Loan, for a period beginning three (3) days after written notice of such"default and ending upon the curing of said noticed defaull, shall Increase one qU,arterof one percent (.25%) for the first thirty (30) days pf said default a.ndlncrease an addlllonal one quarter of one percent (,2Mb) during each thirty (30) day period thereafter during which the noticed default continues, Such default Inlerestrate shali apply to the outstandjngprincipal balance at the Loan, Upon the curing of the noticed defaull, the interest rale on.the Loan,shall revert to the Initially agreed-upon interest rate ellecllve on Ihe date on whiCh the default is cured, GENERAL PROVIStONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guaranlees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and n.tice of dishonor. Upon any change in Ihe terms of this Note, and unless otherwise expressly Sl.ted in writing, no party whO signs this Note, whether as maker, guarantor, accommodation maker or endorser, shalt be released from liability. All such parties agree that Lender may renew or extend (repeatedly and tor any length ot time) ,this la,sn, or release any party or guarantor or collateral; or impair I fail to realize upon or parteet Lender's security interest In the collateral; and take any other a,ction deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other prOVisions of this Note. CONFESSION OF JUDGMENT, Bo.RRo.WER HEREBY IRREVo.CABLY AUTHo.RIZES AND EMPo.WERS ANY ATTo.RNEY o.R THE PRo.THo.No.TARY o.R CLERK o.F ANY Co.URT IN THE Co.MMo.NWEAL TH o.F PENNSYLVANIA, o.R ELSEWHERE, To..APPEAR AT ANY TIME Fo.R BORRo.WER AFTER A DEFAULT UNDER THIS No.TE, AND WITH o.R WITHOUT Co.MPLAINT FILED, AS o.F ANY TERM, Co.NFESS o.R ENTER JUDGMENT AGAINST Bo.RRo.WER Fo.R THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO. ANY COLLATERAL SECURING THIS No.TE To.GETHER WITH iNTEREST o.N SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSlo.N o.F TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST Fo.R COLLECTION, BUT IN ANY EVENT No.T LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHiCH JUDGMENT OR JUDGMENTS o.NE o.R Mo.RE EXECUTlo.NS MAY ISSUE IMMEDIATELY; AND Fo.R So. Do.lNG, THIS No.TE o.R A Co.PY o.F THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFiCIENT WARRANT, THE AUTHo.RtlY GRANTED IN THIS No.TE TO. Co.NFESS JUDGMENT AGAINST Bo.RRo.WER SHALLNo.T BE EXHAUSTED BY ANy EXERCISE o.F THAT AUTHo.RllY, BUT SHALL Co.NTINUE FRo.M TIME TO. TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL o.F ALL AMOUNTS DUE UNDER THIS No.TE, Bo.RRo.WER HEREBY WAIVES ANY RIGHT Bo.RRo.WER MAY HAVE TO No.TICE o.R TO. A HEARING IN Co.NNECTlo.N WITH ANY SUCH Co.NFESSlo.N o.F JUDGMENT, EXCEPT ANY No.TICE ANDlo.R HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTlo.N o.F THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE o.F LENDER SPECIFiCALLY CALLED THIS CONFESSIo.N o.F JUDGMENT PROVISiON TO. BORROWER'S ATTENTION OR Bo.RRo.WER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL Co.UNSEL. 12-18-1997 Loan No 5300017-01 PROMISSORY NOTE {Continued} Page 2 PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BElOW. EACH BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES. RECEIPT OF A COMPLETED COPY OF THE NOTE, . THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: . x 'i~ir'_":;'S"4~~1.W%lt&l!WnliW~;;:,:LiiiAN::fd'Eg1l((_~i Ronald B. Clippinger x . ,,:l'I.y:,~,::.. ^"~: ~11;:1" LENDER: PENNSYLVANIA STATE BANK By: ~ . .~""" ~.d;t... Authorized OffIcer NOTICE TO COSIGNER You are being asked to guarantee this debt, Think ~relullYbelore you do. lithe borrower doesn' pay the debt, you will have to, Be sure you can aIIOreI to pay II you have to, and that you want to accept this responsibility. You may have to pay up to the lull emount 01 the debt lithe borrower does not pay, You may also have to pay late fees or collection costs, which Increase this amount. The lender can collect this debt from you without IIrsttrylng 10 collect from the borrower. The lender can use the same collecllon methods against you that~n be used agalnstlhe borrower, such as suing you, garnishing your wages, elc. II this debt Is ever In default, that lact may become a part 01 YOUR credit record. This notice Is not the contract that makea you liable lor the debt. Fixed Rale. Installment LASEFI PRO, Reg. U.S. Pat. & T.M. Olt., Ver. 3.24 (e) 1997 OFl ProServlces, Inc. All rIghts reeervsd.IPA-020 CllPP5.lN C2.0VL) "" <. W~-~=~, jF~~"""~~~l .. ... ~~= " i ~ L,.., . """""';'ij,\ DISCLOSI..-,{E FOR CONFESSION OF .. ~-'. JGMENT f i i I t ! I Borrower: Ronald B. Clippinger (SSN: 186-30-7487) Nancy K. Clippinger (SSN: 206-32-0356) 351 W. North Street Carlisle, PA 17013 Lender: PENNSYLVANIA STATE BANK Carlisle 1 North Hanover Street Carlisle, PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS \ t"" DAY OF ME ro REPAY THAT AMOUNT. ~QU<\f-b'''- , 18..5l, A PROMISSORY NOTE FOR $123,000,00 OBLIGATING A. I UNDERSTAND THAT THE NOTE CONrAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER .JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT, IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE !lIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTE:RING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: m.m~' __mm.... ....... ............. ....... .. ...... ::::::::::::::.:::::::....::.......:.:::::.:.;.i. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON. TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDI;R APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE. BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSlY AGREE AND CONSENT TO LENDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STArE AND FEDERAL LAW, INITIALS: #~~K C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1{)(Jl.A...-- 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. '[2<", _ 2. A REPRESENTATDVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AFFIANT: x#.i.rf_!~{.!!!~~~;\ Ronald B. Clippinger '!:i'..,:::::!: (SEAL) LASER pFlO, Reg. U.S. Pat. & T.M. Off., Ver. 3.24 (c) 1997 CFI ProServlces, Inc. Allrighlsreserved.[PA-D30 CLlPPS.LN C2.0VL] -1lliIIII , ~-~= ~" D1SCLOS\...iE FOR CONFESSION OF.. JGMENT. Borrower: Ronald B. Clippinger (SSN: 186-30-7487) Nancy K. Clippinger (SSN: 206-32-0356) 351 W. North Street Carlisle, PA 17013 Lender: PENNSYLVANIA STATE BANK Carlisle 1 North Hanover Street Carlisle, PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS \ ~ '" DAY OF ME TO REPAY THAT AMOUNT, A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGtfTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGtfTS, INCLUDING ANY RIGtfT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE. CONFESSION OF JUDGMENT PROVISION. INITIALS: ff\'fiI1ff1{fjg. b~ l/'V'b:(l , 19~, A PROMISSORY NOTE FOR $123,000.00 OBLIGATING B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGtfT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING. LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FlJLLY AWARE OF MY RIGtfTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. IN8TIALS: ".~t C, AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLlES,I REPRESENT THAT: INITIALS '-11'7('~ 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. '-1/7<(('- 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AfFIANT: x~~:::~rr'r;\! ..........----'--.....--""........... ""%"..'.'.')nr"rr:::~ (SEAL) LASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.24 (c) 1997 CFI ProServlces, Inc. All rights reserved. [PA-D30 CLlPPS.LN C2.0VLj ...~ ~ .~~, ~ " ~.~. ~'" ""~ ~ , o. ~= 'U-, , ';. !i: " t I r I b , I Ii , I I i , I I i " I I i DISCLO,. JRE FOR CONFESSION OF __ JDGMENT and do nollimit the a licabili of this document to an artlcuiar loan or ilem. Borrower: Ronald B. Clippinger (SSN: 186-$-7(87) Nancy K, Clippinger (SSN: 2Olh'l2-(356) 351 W. North Streel Carlisle, PA 17013 Lender: PENNSYLVANIA STATE BANK Carlisle 1 North Hanover Slreet Carlisle, PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS \ 'l. 'I" DAY OF ME TO REPAY THAT AMOUNT. (J~ L(.-.-\"II. ,19~, A PROMISSORY NOTE FOR $92,000.00 OBLIGATING A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER ,JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT, IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE. I AM KNOWINGLY. INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: ~*i:iJ~. !' , B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY,IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT T9...L,.~!:I!!!:I'l,:S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS:'i'iifl!1Ji!i'jjiii'i; C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES. I REPRESENT THAT: INITIALS ~>-<- 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSa IN CONNECTION WITH THE NOTE. ~ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COpy AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AFFIANT: .wJi2,..,..,/:;d - . xU_~~~b~~Y' Ronald B. Clippinger ,.".,.,.".,..=,....,. .::.:.:.:.:.::::::::::::::::~~~;;;::::::/::::::i::: ::::::-:':::-:':':::::':'.::::::::::: (SEAL) LASER PRO, Reg. U.S. Pal. & T.M. Off. Ver. '.24 (e) 19fJ7 eFt Pro5ervlces, Inc, All rights reserved. [PA-D30 CLlPP6.LN R5.0VL] .' , ' . DISCLOLJRE FOR CONFESSION OF ~.JDGMENT. .Mi..... " " ~ II: I ~'." ......- ~~.~~c. ~ -- ~ ~~l. i', I t ti Borrower: Ronald B. Clippinger (SSN: 186-3G-7487) Nancy K.Cllpplnger (SSN: 206-32-0356) 351 W. North Street Carlisle, PA 17013 Lender: PENNSYLVANIA STATE BANK Carlisle 1 North Hanover Street Carlisle, PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS \ -gTh- DAY OF ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT. AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FUllY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VAliDITY OF ANY JUDGMENT OR OTHER ClAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY. INTElLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITiAlS: fJ-~:. CJe v"" I:t.~ , 19.5L, A PROMISSORY NOTE FOR $92,000.00 OBLIGATING B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AlSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON. TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTiAl PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FUllY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT. I AM KNOWINGLY. INTElLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAl LAW. INITiAlS: M~?{f. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITiAlS NEXT TO EACH STATEMENT WHICH APPLIES. I REPRESENT THAT: INITiAlS 'j{j{,~ 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAl COUNSa IN CONNECTION WITH THE NOTE. '--tIy~(! 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILlED IN WHEN I INITIAlED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEAlED BY THE UNDERSIGNED. AFFIANT: x!W~~~;~~~ftf ~,;.,y,,~ (SEAl) LASE~ PRO, Reg. U.S. Pat. & T.M. Off.. Ver. 3.24(c) 1997 CFI ProServlces, Inc. AU rights reserved. [PA-D30 CLiPP6.LN R5.0VLJ Confsion.jdg-clippinger PENNSYLVANIA STATE BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, RONALD B. CLIPPINGER, AND NO. tMJ. /~~Y' NANCY K. CLIPPINGER, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT FOR MONETARY DAMAGES TO: Ronald B. Clippinger 351 West North Street Carlisle, PA 17013 You are hereby notified that on the day of ,2000, judgment by confession was entered against you, jointly and individually for monetary damages in the amount of Dollars($110,612.55) together with interest from February 15, 2000, plus costs in the above-captioned case. Date: Prothonotary 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. Cumberland County Courthouse . Lawyer Referral Service Court Administrator Carlisle, PA 17013 I hereby certify that the following is the address of the Defendants named herein: Ronald B. Clippinger 351 West North Street Carlisle, PA 17 3 B , ~- ~'~ '. , . , ':". U'~<-;''''''.;_ _ ;'d. ~ "Ii:, Confsion.jdg-kitchenworks PENNSYLVANIA STATE BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. RONALD B. CLIPPINGER, AND NO. (}() j;;( 'Y~ NANCY K. CLIPPINGER, CIVIL ACTION - LAW CONFESSION OF JUDGM~NT FOR MONETARY DAMAGES TO: Nancy K. Clippinger 351 West North Street Carlisle, PA 17013 You are hereby notified that on the day of ,2000, judgment by confession was entered against you, jointly and individually for monetary damages in the amount of Dollars($110,612.55) together with interest from February 15, 2000, plus costs in the above-captioned case. Date: Prothonotary 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. Cumberland County Courthouse Lawyer Referral Service Court Administrator Carlisle, PA 17013 I hereby certify that the following is the address of the Defendants named herein: Ronald B. Clippinger Nancy K. Clippinger 351 West North Stree Carlisle, PA 1701