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HomeMy WebLinkAbout00-03864 ~' __ "_ _~ . ~ H . - - " ~.- ,,-.--' -, ,-,>-_-~ ',_,,, ;""':'ur.'" ' __:!,O->-"_",-,, -,..~ L_," , ,_ '<' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION NO.: 60 - .3fC. C( CuJ 7-~ vs. THEODOREP.RUSS~d SANDRA A. RUSS, Defend~ts. NOTICE OF ORDER. DECREE OR JUDGMENT TO: S~dra A. Russ 2205 Walnut Street Harrisburg, P A 17103 ( ) Plaintiff (XXX) Defend~t ( ) Additional Defendant You are hereby notified that ~ Order, Decree or Judgment was entered in the above captioned proceeding on ~ . 'G" :2:l.?-deb . ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: possession of the Mortgaged Premises being 850 Bicentennial Drive, Carlisle, Pennsylvania 17013. '---~O~ 0 fJ ~J1.r---- Deputy . ',~~. ',', , '",' , .c, , ~'_:"b' -,-, ,--" --,',",ij'>;,-; -",-,-,~,,'-"~~~ .J' " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION NO.: 66- 3J'(..C( C-(j(.{-r~ vs. THEODOREP.RUSS~d SANDRA A. RUSS, Defend~ts. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Theodore P. Russ 2205 Walnut Street lIarrisburg,PA 17103 ( ) Plaintiff (XXX) Defend~t ( ) Additional Defendant You are hereby notified that ~ Order, Decree or Judgment was entered in the above captioned proceeding on .....lr.l .I. \~ 24, ;)c;d () ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: possession of the Mortgaged Premises being 850 Bicentennial Drive, Carlisle, Pennsylvania 17013. '-- ~-~ 7l1t7VM-rf.lf Deputy ~' ~ ",';,-, ,-<c, '_-'-''";;~'.:^' .~. '~'_;-:-- --<;c:;';j;:.o~_,: ';' --;-"'i; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION NO.: 60 - J~'I Ct'Q,'( T~ vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants, CONFESSION OF JUDGMENT Pursuant to the authority contained in the aforesaid Mortgage, Assignment of Rents and Security Agreement, a true and correct copy which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of Plaintiff and against Defendants for possession of the Mortgaged Premises being 850 Bicentennial Drive, Carlisle, Pennsylvania 17013. Respectfully submitted: JAMES, SMITH, DURKIN & CONNELLY LLP By. J. agdu e, Esquire Pi\': 5999 Attorney for Defendants PRO HAC VICE P.O. Box 650 Hershey, P A 17033 (717) 533-3280 "'''''''';;;""""",, _........ ~~~.J_ ..,. '"""'O&~.;;. .. "~ ~, ^ - ~ ;~ .~ '" ~ '" - ~~~~iil'~"- .,.~. ."~""<","",...,, , i",;"" '''''''''';&b''<'''' 0 C') ~") c: C:._J ;:;,.. ,<,' l!i::,> --'- "11~?-,; . 2:.. <:(- ,"" V:!J, , , ffE'~ <c' ~(j f~ -c: <: --..j =< r:- .~~. rv J" """' "~ - ~-'''-~''1 . .' fi + ~, --" . ,-<,-,~- "'~ - "-, . ~,-" '~" ,,-;,,'-' '-"/-';'"'' :,.'f--::'",,-&.. '-_~"". ,',~ ,_'_' "'.,'__,_,__, c- ,,_:;;(>:;_' _~;~;: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, vs. THEODORE P. RUSS and SANDRA A. RUSS, I hereby certifY that the address ofPlaintiif is: 11350 McCormick Road, Suite 200 ~ AU ey Plaint" and the last known address of Defendants are: 2205 Walnut Street Harrisburg, PA 17103 ~.o~ Att ey or Plain if ..... Plaintiff, Defendants. CIVIL DIVISION NO.: rn- JP~C( (Jod't-~ ISSUE NO.: TYPE OF PLEADING: CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT FOR POSSESSION 01'- REAL PROPERTY CODE- FILED ON BEHALF OF: Eastern Savings Bank, FSB COUNSEL OF RECORD FOR THIS PARTY: Stuart J. Magdule, Esquire PAID #25999 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ;;--~. ,- ;,--" " . :_~- __0_____-,..";.~_;:::_, _~. ',__ ~-..;,;,..',-,L.i,~,.;,-, ~ ,t.<' .,,<.--;,.-.. b' d - . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION NO.: 0-0- 3/G.<;IC;;:;t ~ vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. COMPLAINT IN CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY. AND NOW, comes Eastern Savings Bank, FSB, Plaintiff, by and through its attorneys, James, Smith, Durkin & Connelly LLP and files this Complaint in Confession of Judgment for Possession of Real Property as follows: I. The Plaintiff is Eastern Savings Bank, FSB, which has its principal place of business at 11350 McCormick Road, Suite 200, Hunt Valley, Maryland 21031-1026 ("Plaintiff"). 2. The Defendants, Theodore P. Russ and Sandra A. Russ, are adult individuals whose last known address is 2205 Walnut Street, Harrisburg, Pennsylvania, 17103. 3. On or about December 10, 1999, Defendants executed and delivered a certain Mortgage, Assignment of Rents and Security Agreement ("Mortgage") in favor of Plaintiff in the original principal amount of $250,000.00, which Mortgage authorized the ., '-,"" 'i;,~ :-": -,<'--"-0 i;;"...'~-"';~,';"-",,_,, s.:;,_ . c' ,. -;, :~_" '-',_.' ",,-.L'= "'-oS;,. c';;" .'. " confession of judgment against Defendants. A true and correct copy of said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 4, The aforesaid Mortgage has not been released, transferred or assigned by Plaintiff. 5. Judgment has not been entered against the Defendant on the Note in any jurisdiction. 6. This judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 7. The Mortgage authorizes the entry of judgment for possession by confession upon the occurrence of an event of default by Defendants. 8. Defendants are in default under the terms of the Note for, inter alia. failure to pay installments of principal and interest when due. WHEREFORE, Plaintiff, demands judgment against the Defendants for possession of the Mortgaged Premises being 850 Bicentennial Drive, Carlisle, Pennsylvania 17013, together with such other relief as this Honorable Court may deem necessary and appropriate Respectfully submitted: JAMES, SMITH, DURKIN & CONNELLY LLP BY~ Stuart J. Mag e, squire PAID #25999 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ,,-. .,",- .' ~ .', - MORTGAGE. ASSIGNMENT OF RENTS AND SECURITY AGREEMENT THIS MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the "Mortgage") is made this 10" day of December, 1999 between Theodore P. Russ and Sandra A. Russ, his wife, (collectively, the "Grantor") and Eastern Savings Bank, fsb, a federally chartered savings bank (the "Lender"). WHEREAS, the Grantor is justly indebted to Lender in the principal amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) representing the balance of a commercial loan of even date to Grantor which sum the Grantor has promised to pay to Lendor pursuant to the terms of a Promissory Note (the "Note") to Lender of even date herewith in [he aforementioned amount, due and payahle on or before January 1, 2005; and WHEREAS, it is a condition precedent to such loan by Lender to the Grantor that the Grantor execute and deliver this Mortgage to Lender and subsequent holders of the Note as security for the payment of the principal and interest payable nnder the Note. NOW, THEREFORE, WITNESSETH: That for and in consideration of the foregoing and in order to secure the payment by the Grantor of the debt evidenced by the Note and any other sums payable under the Note or hereunder, the Grantor does hereby mortgage, grant and convey unto Lender, and its successors and assigns, all the right, title and interest of Grantor in and to that parcel of land termed the "Real Property" being located in Cumberland County, Pennsylvania, and more particularly described in Exhibit "A", attached to this Mortgage, and incorporated in it by reference. TOGETHER with all of the Grantor's right, title and interest in and to (i) all buildings and improvements now or hereafter situated thereon or therein; (il) all rights, privileges, easements, hereditaments and appurtenances now or hereafter thereunto belonging or appertaining; (ill) all fixtures and equipment now or hereafter installed in, on or about the aforesaid property by or on behalf of the Grantor or any owner of the aforesaid property and used or for use therein, thereon or thereabout - all of said property being declared by the parties hereto to be real fixtures and part of the aforesaid real estate whether attached to the free-hold or not; provided, however, that trade fixtures and other personal fixtures of any tenant now or hereafter installed on or about the aforesaid property are not intended to be included in this provision except to the extent of Grantor's interest therein; (iv) all warranties of every nature conveyed herein or encumbered hereby, and all after acquired properties conveyed herein or encumbered hereby; (v) all of the property conveyed above or otherwise conveyed to Lender herein or hereafter and each and every part thereof; ._-.-" .. " . , - ,;~ " ...;) TOGETIlER with all right, title and interest of Grantor, now owned or hereafter acquired in and to all tangible personal property (the "Personal Property") owned or leased t" Grantor and now or at any time hereafter located on or at the Mortgaged Property or used in connection therewith; TOGETHER with all right, title and interest of Grantor in all policies of insurance, insurance proceeds and condemnation proceeds pertaining to the Real Property (subject to the limitations set forth herein); TOGETHER with all plats, drawings, engineering studies, contracts, agreements, licenses, approvals or other intangibles relating to the development of the Real Property; TOGETHER with all and singular the rights, alleys, ways, waters, easements, tenements, privileges, advantages, accessions, hereditaments and appurtenances belonging or in any way appertaining to the aforesaid land and other property, and the reversions and remainders, rents, issues and profits thereof and including any right, title, interest or estate hereafter acquired by Grantor in the aforesaid land and other property; TO HAVE AND TO HOW the said Real Property with improvements thereupon and all the rights, easements, rents, profits and appurtenances and all other property described above (all of which is hereinafter sometimes called the "Mortgaged Property" or the "Property") belongin.g unto and to the use of Lender, and its successors and assigns; For the benefit and security of Lender and for the enforcement of the payment of the principal and interest under the Nole and compliance with the tenns, covenants and conditions of this Mortgage and of the Note executed of even date herewith, (collectively, the "Loan Documents"). Provided, however, that if the principal and interest payments under the Note and all other sums payable under the Note and hereunder are paid when due, and if all of the covenants of the Grantor set forth in the Loan Documents shall be perfonned by the Grantor, all without fraud or delay, and upon satisfactory proof being given to Lender that the principal debt and all interest payable under the Note and all.other sums secured hereunder have been paid, Lender shall release this Mortgage and reconvey the Mortgaged Property to the Grantor. This Mortgage is made upon the following tenns, conditions and covenants: I. The Grantor covenants and agrees to pay all installments of interest under the Note and any other sums payable under the Note or hereunder promptly when due and shall comply with all covenants and obligations set forth in the Loan Documents. 2. The Grantor shall pay to Lender on the day monthly payments are due under the Note,untiI the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and 2 ,;, ~F!~;2-' ,'f~, '-?~I~ r' ,_' - '> ,__ ,,~. ,- -~ - ,~ . =J' ", .' ~ ....il.. "-J..} assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly hazard or property insurance premiums; and (c) yearly flood insurance premiums, if any, The Funds shall be held by Lender in a non-interest- bearing account. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 3. The Grantor covenants and agrees not to make, suffer or pennit any use of the Property which will create or cause to exist a fire or other hazard, nor will Grantor in any way increase the risk caused by an existing or future hazard. 4. The Grantor covenants and agrees to allow any authorized representative of Lender access to the Property (i) at any time without limitation during an emergency as determined solely by Lender and (ii) otherwise during nonnal business hours and without advance notice, such right of access being granted herein for the purpose of allowing Lender or its designed to ascertain whether the tenns, covenants and conditions of this Mortgage and all other Loan Documents are being fulfilled. 5. The Grantor covenants and agrees not to commit any waste of the mortgaged Property nor permit nor suffer any waste thereof by others, and to keep the Mortgaged Property in good order and repair. 6. The Grantor covenants and agrees to maintain adequate financial records: . a. The Grantor will keep adequate records and b09kS of account pertaining to the Mortgaged Property in accordance with generally accepted accounting principles and will pennit Lender, by its agents, accountants, and attorneys to examine the fmancial records and books of account and to discuss its affairs, fmances, and accounts with the Grantor at such reasonable times as may be requested by Lender. b. The Grantor and the Guarantors, if any, on request by Lender will furnish to Lender with reasonable promptness, copies of income and net worth statements for their respective most recent fiscal years. c. The Grantor, within ten (10) days of any request by Lender, will furnish a written statement, duly acknowledged, of the amount of the outstanding indebtedness to Lender secured by this Mortgage, the amount of accrued interest as of a specified date, and whether any offsets or defenses exist against the indebtedness secured hereby, . 7. The Grantor covenants and agrees to keep the Mortgaged Property free from all statutory liens and from liens, encumbrances and claims of every kind whether junior or senior to the lien of this Mortgage. The Grantor covenants and agrees to 3 '1'" . %,,;~,,~~,"- "'>I!:i\1!t", ~~~tl., ", u _~ . ""~- ,.- " ',- ~, ",J payor bond off from time to time when the same shall become due, all lawful ' claims and demands of mechanics, material men, laborers and others whicb, if unpaid, might result in, or pennit creation of, a lien on the Mortgaged Property or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom, and in general the Grantor covenants to do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of the Grantor, without expense to Lender. 8. The G,rantor covenants and agrees, at its expense, to maintain a general public liability insurance policy covering the Mortgaged Property with limits of not less than $1,000,000.00 for bodily injury and death of one or more persons and $100,000.00 for property damage. The Grantor shall furnish Lender with a certificate of such policy and for all renewals thereof, together with evidence of the payment of any premiums coming due during the loan tenn at least twenty (20) days before the expiration of the existing policy. The Grantor shall at all times maintain, workmen' s compensation insurance in accordance with applicable state law. 9. The Grantor covenants and agrees to keep any improvements upon said Property constantly insured against loss by fire with extended coverage in an amount reasonably satisfactory to Lender in all Tespects so as to avoid any claim on the part of the insurers for co-insQrance and, in addition, to keep in full force and effect policies of insQrance insuring against such other hazards, casualties, and contingencies as Lender may reasonahly reqQire. Such policies will be on such fonns, in such companies, for such periods, and in such amounts as Lender may require from time to time with loss payable to Lender. The Grantor covenants and agrees to deliver the policy or policies reqnired herein or pursuant hereto to Lender as additional security; and, where renewal policies are necessary in the perrormance of this covenants, the Grantor covenants and agrees to deliver such policies to Lender at least twenty (20) days before the expiration of the existing insurance, together with a receipt showing all preminms paid in full. All fife and hazard insurance proceeds may be applied, at Grantor's request, to the resto.ration of the Improvements provided that the following conditions are satisfied: (i) in Lender's judgement, sufficient funds are available and/or committed, including insurance proceeds, to complete the restoration; (ii) no event of default exists under any of the Loan Documents, and no event or condition has occurred which with the giving of notice or passage of time or both will constitute an Event of Default under any of the Loan Documents; (ill) Lender shall have received, reviewed and approved all plans and specifications to be used for such restoration; and (iv) the proceeds shall be held by Lender and the disbursement of all funds held for such restoration shall be controlled by Lender and accomplished in a manner satisfactory to Lender in its sole discretion, If the Property is abandoned by Grantor, or if Grantor fails to 4 ,,', '- ,.1 .,,;, ." ". 1> respond to Lender within 30 days from the date notice is mailed by Lender to Grantor that the insnrance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Grantor otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in Paragraph I hereof. If the Property is acquired by Lender, under the terms oflhis Mortgage, all right, title and interest of Grantor in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. 10, The Grantor covenants and agrees promptly to comply with and obey all laws, ordinances, rules, regulations, requirements and orders of every duly constituted governmental or other public authority with respect to: a. all restrictions, specifications, or other requirements pertaining to products that it sells or to the services it perfonns; b. the conduct of its business; c. the use, maintenance, and operation of the real and personal properties owned or leased by it in the conduct of its business; d. the obtaining of all necessary licenses and pennits necessary to engage in its business; and e. the making, storing, handling, treating, disposing, generating, transporting, or release of hazard substances. II. The Grantor covenants and agrees not to allow any lien or claim of title prior to the lien or title created by or conveyed in this Mortgage or prior to the lien or title created by or conveyed in any of the other Loan Documents, to attach to said Property or any other realty or personalty conveyed in or encumbered by any of the Loan Documents after the date hereof and covenants to take such actions as the Lender shall deem necessary or desirahle in Lender's exclusive opinion to protect the Lender's rights, titles or interest herein, and in all other Loan Documents. The Grantor covenants not to default in any agreement or obligation of any natnre whatsoever affecting the Mortgaged Property or any part thereof or the occupants thereof or which affect, directly or indirectly, the value of the Mortgaged Property 5 I,', ::~~c',c' ~~ '!',",'",ik l(~; ",f " .' ,;) or any or all of the Loan Documents, or the rights, titles or interests of the Lender thereunder. 12. a. Grantor covenants and agrees to pay when due all rents and other payments to be paid by it, and to perfonn all covenants, agreements and undertakings to be perfonned by it under any lease, sublease or ground lease which may affect Or constitute a portion of, or an interest in, the Mortgaged Property, Grantor further covenants and agrees that it will not, without the prior written consent of Lender, which consent shall not be unreasonably withheld, assign, consent to the cancellation of or surrender of, or accept prepayment of rents under, any lease now or hereafter covering any part of the Mortgaged Property, nor modify any such lease so as to shorten the tenn, decrease the rent, or accelerate payment of rent, and any such purported assignment, cancellation, surrender, prepayment or modification made without consent of Lender shall be void as against Lender and shall constitute an event of default hereunder. b. Grantor further covenants and agrees that should, at any time, any recordation or transfer taxes or documentary stamps be assessed in connection with this Mortgage, Grantor will pay the same within fifteen (15) days of receiving notice of the assessment (under protest if Grantor desires). c. Grantor covenants and agrees not to cause, allow or permit the sale, assignment or transfer, voluntarily, involuntarily, or by operation of law, directly or indirectly as by the sale of stock in any corporate owner, hy any person, firm, or company, of the title or the equity of redemption or transfer of any partnership interest, or any legal or equitable interest, in the Mortgaged Property, in whole or in part, unless such sale, assignment or transfer is consented to in writing by Lender which consent shall be in the sole and absolute discretion of Lender after submission by the Grantor of such fmancial statements and such other documents which Lender may require. Notwithstanding the foregoing, the shareholders in Grantor may transfer shares in Grantor to a spouse or lineal descendent by inter vivos gift or otherwise for estate planning purposes. d. If required by Lender, Grantor agrees to execute an Assignment of Security Deposits in fonn and content satisfactory to Mortgagee. 13. Lender may, at any time and from time to time, without affecting the priority or the validity of the lien of this Mortgage or the liability of any person (other than the person released pursuant hereto) and without notice of any kind: 6 . ",,~'>, I,1:{th', }>iIi)',' ,\"~}-,,, ~ ~ " - ~ , , '",.-' ~ ',!) (i) Waive or amend any of the covenants, tenns or conditions of this Mortgage or of the Note or other Loan Documents, or grant any forbearances or extensions in the perfonnance thereof; or (ii) Release any portion of the Mortgaged Property with or without payment upon the principal debt secnred hereby, or waive the priority of the lien of this Mortgage on all or any 'part of the Mortgaged Property; or (ill) Release any person primarily or secondarily liable for the payment of the Note or the penonnance of the Grantor's covenants under this Mortgage; or (iv) Accept additional security of any kind, 14. If the Grantor should fail to pay any taxes, water or sewer rents, assessments, charges, claims, costs, expenses or fees required to be paid under the tenns of this Mortgage, or to maintain insurance, or to make all necessary repairs to the Property, as provided herein, or if the G.rantor fails to perfonn or observe any other tenn, covenant or condition of this Mortgage or other Loan Docnments after any required notice from Lender and after the expiration of any applicable grace period, Lender shall have the right and is hereby authorized without order of any court to make advances or payments on behalf of the Grantor in order to rectify the default and to engage counsel in connection therewith; and all such advances or payments made by Lender and all reasonable legal and other expenses incurred by Lender in connection with the rectification of such default or in order to protect the lien and security of this Mortgage or enforce any of the covenants and conditions contained herein shall be added to the indebtedness hereby secured and payable by the Grantor to Lender promptly upon demand, together with interest thereon until paid at the rate which is set forth in the Note; and such sums and interest shall be deemed secured by this Mortgage. 15. Until the occurrence of an event of default hereunder (but not thereafter) the Grantor shall be entitled to possession of the Mortgaged Property, the use and enjoyment thereof and the right to receive the rents and profits thereof. Upon the occurrence of any event of default nnder this Mortgage, Lender, its successors and assigns, shall be entitled to the rents and profits of the Mortgaged Property, and for such purpose such rents and profits are hereby assigned to Lender as additional security, Grantor represents and warrant that such rents and profits have not been assigned to another party as security for another debt. If this representation is false, it shall constitute an event of default under this Mortgage. Upon the occurrence 0; an event of default hereunder Lender shall also be entitled, at its election, to the immediate appointment of a receiver for the Mortgaged Property, without notice to the Grantor and withont regard to the adequacy or inadequacy of the property as security for the payment of the Note. 7 ~fi.,;, ",'iii" ;~~? .41""", ,; "e:.m' -~, .,~ ~",..~ ",[; .' -~ 16. Under the terms of the Note, Lender and subsequent holders of the Note may declare the entire principal, accrued interest and other sums secured thereunder and under this Mortgage to be fully due and payable immediately upon the occurrence of an event of default under this Mortgage. Withont any limitation on the obligations of the Grantor or any Guarantor, in addition to any other act defmed as a default in any of the Loan Documents, the happening of one or more of the following events shall constitute an event of default under this Mortgage, and the other Loan Documents: a. failure hy the maker of the Note to make payment within the lime period set forth therein, of any sum required to be paid to the holder of the Note under the terms of the Note and such failure continues after any applicable g.race period set forth in this Note; b. failure of the Grantor to keep the Property properly insured or to deliver insurance policies to Lender as above required; c. failure of the Grantor to perform or observe any of the other tenns, covenants, or conditions to be perfonned or observed by the Grantor herennder or nnder the Promissory Note or other Loan Documents which is not cured within thirty (30) days after written notice to Grantor except that if such failure cannot be cured during such 30 days then such additional time as may be necessary so long as Grantor is diligently pursuing such cure, as determined by Lender. d. if the Grantor of the Note makes a deed of assignment for the benefit of creditors or ftles a petition for relief under any law of the United States or any state pertaining to bankruptcy or insolvency, or suffers the filing against it of any involuntary petition under the laws of any state or of the United States of America pertaining to bankruptcy or insolvency and such involuntary petition is not dismissed within sixty (60) days after filing; e. creation of any nnpennitted lien or encumbrance on a11 or any part of the Property, whether or not jnnior to the lien of this Mortgage; provided, however, that a judgement against Grantor, any attachment or other levy against the Property, any mechanic's lien, or a lien by operation ofJaw shaD not be considered a violation of this prohibition if it is paid, stayed on appeal, discharged, bonded or dismissed within thirty (30) days; f. sale, assignment or transfer, voluntarily, involuntarily, or hy operation of law, directly or indirectly as by the sale of stock in any corporate owner or transfer of any partnership interest, by any person, finn, or company, of the title or the equity of redemption, or any legal or equitable interest, in the Mortgaged property, in whole or in part, unless such sale, assignment or transfer is pennitted hereunder or consented to in writing by Lender; provided, however 1 that if the Mortgaged Property consists of individual lots or parcels, the Grantor may convey such individual lots contained in the Property if Lender is 8 ~Pf ,,}12., N,~, r,~:~t" -"- , ^ ""'-~" - , ' ,'" -.J paid the Release Fee, and if Grantor is not in default under any of the Loan Documents; g. failure of the Grantor to perfonn or observe any of the tenns, covenants, conditions, or obligations of the Grantor to be performed or observed by the Grantor under the provisions of any other promissory note or loan documents executed by the Grantor as a part of any other loan transaction with Lender hereunder. 17. Upon the happening of an event of default, at the option of Lender: a. Lender shall have the right to declare the amount of principal of the Note then unpaid, with interest thereon as provided in the Note, to be due and payable immediately and upon such declaration the principal of, and interest on, the Note then outstanding shall forthwith become and be due and payable as fully and to the same effect as if the date of such declaration was the date originall:c specified for the maturity of the unpaid balance of the Note; b. the Grantor shall, at any time or times, upon demand of Lender, forthwith surrender to Lender possession of the Mortgaged Property, or any portion thereof, as for condition broken, and without process of law, either by applying for appointment of a receiver, obtaining an assignment of rents or otherwise, Lender immediately shall have the right to enter upon, take and maintain possession of all or any part of the Mortgaged Property, together with all records, documents, leases, books, papers and accounts of the Grantc,r relating thereto (including without limitation of the foregoing enumeration, all sets of plans, specifications, building drawings, licenses and permits), and as the attorney-in-fact or agent of the Grantor (irrevocable) or in its own name, acting under the assignment of rents herein made, and under the powers herein granted, Lender shall have the right to hold, operate and maoage the Mortgaged Property and to receive and dispose of income, rents and profits therefrom, and to make and fIle reports with respect thereto, to deduct reasonable costs of collection, management fees, and administration expenses, to apply the net rentals to the payment of operating expenses and/or on account and in reduction of principal and interest due under the Note, in Lender's sole discretion, all as the Grantor is required to do nnder this Mortgage prior to the occurrence of such event of default, but without any of the restrictions placed upon the Grantor under this Mortgage; c. then and from thenceforth the Grantor hereby irrevocably authorizes, and empowers the prothonotary, clerk of court or attorney or any conrt of record of any appropriate jurisdiction to appear for and confess judgement against the Grantor, as well as against all persons claiming under, by or through Grantor, and in favor of Lender, its successors or assigns, as of any tenn, pastl present or future, with or without declaration, for possession andlor 9 '~I"'T' :';'~ - , l;.' -'-./,.'"'' \:~~:~'~" .-, ='" '~"T" _ . . '-- --- " control of the Property (without the necessity of filing any bond and without any stay of execution or appeal) for which this instrument (or a copy thereof verified by affidavit) shall be a sufficient warrant; whereupon, appropriate process to obtain possession and/or control of the Property (including levy and execution) may be issued forthwith, without any prior writ or proceeding , whatsoever, Grantor hereby releasing and agreeing to release Lender and SIDe" attorneys from all procednral errors and defects whatsoever of a procedural nature in entering such judgement(s) or in causing such writs or process to be issued or in any proceeding thereon or concerning the same, provided that Lender shall have fIled in such action(s) an affidavit(s), made by someone on Lender's behalf setting forth the facts necessary to authorize the entry of such judgement(s) according to the terms of this instrument, of which facts such affidavit(s) shall be prima facia evidence; and it is hereby expressly agreed that if, for any reason after any such action(s) has been commenced, and the same shall be discontinued, marked satisfied of record or be tenninated, or possession of the Property remains in or is restored to the Grantor or anyone claiming under, by or through the Grantor, Lender may, whenever and as often as Lender shall have the right to, again take possession of the Property, bring one or more further confessions in the manner hereinbefore set forth to recover possession of the Property, and the authority and power above given to any such attorney shall extend to all such further confessions; d. then and from thenceforth it shall be lawful for Lender, its legal representatives or assigns, to sell, transfer and set over the mortgaged Property or any portion or parcel thereof, and all other right, title and interest of the Grantor of, in and to the same, at pnblic auction, as provided by law; and as the attorney of the Grantor for that pUtpose by these presents duly and irrevocably authorized, constituted and appointed, to make, seal, execute and deliver to the purchaser or purchasers thereof, a good and sufficient assignment, transfer or other conveyance in the law, for the Mortgaged Property or any portion or parcel thereof, with the appurtenances; which sale, so to be made, shall forever be a perpetual bar, ,both in law and equity, against the Grantor and against all persons who may at any time claim the Mortgaged Property or any such portion or parcel thereof, by, from or under it; e. Lender shall have the right: (i) to cause the Mortgaged Property, or portions or parcels thereof in such manner and order as Lender in its sole discretion see fit, to be sold upon such terms and conditions and in such manner as it may deem advisable, at public or private auction, at some convenient place in Cumberland County, Pennsylvania, upon giving to the Grantor not less than ten (10) days notice in writing of the time and place of such sale; to adjourn any 10 .' ''-,/ ~ , such sale from time to time by announcement at the time and place appointed by such sale or for such adjourned sale; and upon the completion of any such sale to execute or cause to be executed such deed, assignment, bill of sale, certificate or other assurance to the purchaser as may be necessary to pass the title to the property so sold, and such sale, when made, shall forever be a perpetual bar, both in law , and equity, against the Grantor and against all persons who may at any time claim the Mortgaged Property or such portion or parcel thereof, by, from or under the Grantor; (ii) to institute judicial proceedings for the complete foreclosure of this Mortgage under any other applicable provision of law; and the Grantor hereby assents to a decree for the sile by Lender of the Mortgaged Property or any portion or parcel thereof after an event nf default hereunder; (iii) to protect and enforce their rights under the Note and this Mortgage, or any of them, either by suit or suits in equity or at law , in any court or courts of competent jurisdiction, whether for specific perfonnance of any , covenant or agreement contained herein, or in aid of execution of any powers herein granted, or for any foreclosure under this Mortgage, or for any other sale of the Mortgaged Property or any portion or parcel thereof, so far as may be authorized by law, or for the enforcement of such other or additional appropriate legal or equitable remedies as Lender may deem most effective to protect and enforce such rigbts; (iv) to exercise any and all other rights and remedies available to it by law or equity, without furtber stay, any law, usage or custom to the contrary notwithstanding; f. Lender, as a matter of strict right and without notice to the Grantor or anyone claiming under it, and without regard to the then value of the Mortgaged Property, shall have the right to apply to any court having jurisdiction in the premises to appoint a receiver or receivers of the Mortgaged Property, and the Grantor hereby irrevocably consents to such appointment and waives notice of any application therefor; any such receiver or receivers shall have all the usual powers and dnties of receivers in like or similar cases and all the powers and duties of the Trustees in case of entry as provided in Subparagraph (b) of this Paragraph 17, and shall continue as such and exercise all,such powers until the date of confumation of sale, unless such receivership is sooner terminated; g. each of the then Lessees, if he or it is the occupant of the Mortgaged Property or any part thereof, shall, npon demand of Lender, immediately surrender possession of the premises occupied to Lender, and if such occupant is permitted to remain in possession, the possession shall be as tenant of Lender and such occupant shall, on demand, pay monthly in advance to Lender rental 11 i;I,"~ 'L\*', ' il/ ,~'? L .' , , " ;,'.j)J h, for the space as provided in the lease or otherwise agreed with Lender, and in default thereof such occupant may be dispossessed by the usual summary proceedings; in case of foreclosure and the appointment of a receiver of rents, the covenants contained in this subparagraph may be eoforced by such receiver; Lender may, but shall not he required to, complete construction of, and market, the Improvements contemplated by the Loan Documents at Grantor's expense, and perfonn snch other acts as may be deemed necessary by Lender to protect the estate herein granted, and any sums expended by Lender shall become part of the sums secured hereby; and, all rights and remedies hereby granted or otherwise available to Lender shall be cumulative and concurrent and may he pursued singly, successively or together at the sole option of Lender, and may be exercised from time to time and as often as occasion therefor shall occur until the indebtedness hereby secured, with all interest thereon, is paid in full. 18. Upon any default sale of the Property, the net proceeds of the sale after adjustment of taxes, other expenses of the property and the cost of transfer, pursuant to the terms of sale, shall be applied as follows: a. Firat, to the repayment of all expenses incident to such sale, including a counsel fee of fifteen percent (15 %) of the outstanding balance and accrued interest and late charges, and a commission to the party making the sale of the property equal to the commission allowed trustees for making sale of property in the County in which the property is ,located by virtue of a decree of the Court having equity jurisdiction. b, Second, to the payment of all claims of Lender under the Note, or Loan Documents, whether the same shall have matured or not, and all claims of Lender under this Mortgage. All payments hereunder shall be applied first to late penalties and other sums owing Lender under the Note or Loan Documents, and to accrued interest before being applied to principal. c. Third, to the payment of all claims of Lender on any other loan between the Grantor and Lender, if any such other loan is in any respect in default. d. And the surplus (if any) to the Grantor, its personal representatives, successors or assigns or whomever may be entitled to the same. 19. The failure of Lender to exercise any right hereunder or the delay in the exercise of any right or remedy hereunder shall not in any way affect this Mortgage or the rights of Lender or be deemed a waiver of such rights or remedies exercisable with respect thereto. Any rights, powers, options or remedies contained herein or avallable to Lender at law or in equity with respect hereto, shall be construed and 12 j't I,; loW"'. '{:;0~\'" T'S<i .,~~~!: - ~~ ',' ---Y<" . - ,.L ,,_"', ~ .f_~ ,I '-" ", -.V' deemed as cumulative, and no one or more of them as exclusive of any other or of any rights or remedies now or hereafter given or allowed by law. 20. The Grantor, immediately upon obtaining knowledge of the institution of any proceeding for the condemnation of the Property or any portion thereof covenants to notify Lender of the pendency of such proceedings. Lender may participate in any such proceedings and the Grantor from time to lime will deliver to Lender all instruments requested by it to pennit such participation, In the event of such condemnation proceedings, the award or compensation payable is hereby assigned to and shall be paid to Lender to the extend pennitted under prior recorded deeds of trust. Lender shall be under no obligation to question the amount of any such award or compensation and may accept the same in the amount in which the same shall be paid. In any such condemnation proceedings, Lender may be represented by counsel selected by Lender and the reasonable cost thereof to be paid by Grantor upon demand. The proceeds of any award or compensation so received shall, at the option of Lender, either be applied without premium or penalty to the prepayment of the Note at the rate of interest provided therein regardless of the rate of interest payable on the award by the condemning authority, or to be paid over to the Grantor for restoration of the improvements. 23. Any notice, demand or delivery which may be given or made hereunder or with reference to this Mortgage shall be deemed given 48 hours after the date of mailin::;, certified mall, return receipt requested, postage prepaid, and addressed: ,i I :1 j II " " 'I I I 1 1 \ 1 ! , I 'I l I !i I I ;1 :j .. 21. Notwithstanding anything herein elsewhere contained, the Grantor shall not be required, to pay, discharge or remove or cause to be paid, discharged or removed, any tax, tax lien or assessment, or any mechanic's or laborer's or materialman's lien, or any forfeiture or other imposition or charge against the Mortgaged Property or any part thereof or any improvements at any time situated thereon, so long as it shall in good faith contest the same or the validity thereof by appropriate proceedings which shall operate to prevent the collection of the tax, lien, assessment, forfeiture, imposition or charge so contested and the sale of the Property to satisfy the same, and pending any such legal proceedings Lender shall not have the right to pay, remove, or cause to be discharged the tax, lien, forfeiture, imposition or charge thereby contested provided that there shall have been posted snch security as may be required or pennitted by law to insure such payment and prevent any sale or forfeiture of said Property in the event that such proceedings shall be detennined adversely to Grantor. 22. Lender shall have full power to exercise all powers and discretions herein granted to Lender, including the right and power to execute any release of all or any part of the Mortgaged Property. 13 ._~iJI;: "'~" i;;'f':i,.l" ;'" '""-'- ~'^"<' " ~ ~." 'V To the Grantor: Theodore P. Russ Sandra A. Russ 2205 Walnut Street Harrisburg, Pennsylvania 17103 To Lender: c/o Lender Savings Bank, fsb, 11350 McConnick Road, Suite 200 Executive Plaza 2 Hunt Valley, Maryland 21031 AT1N: William J. Monacelli With a copy to: Richard C. Zeskind, Esquire Executive Plaza 2, Suite 200 11350 McConnick Road Hunt Valley, Maryland 21031. 24. Any party may change its notice address by giving notice to the others pursuant to the provision hereof. 25. ' The Grantor agrees that in the event of the enactment of any law or ordinance, the promulgation of any zoning or other government regulation, or the rendition of any judicial decree restricting or materially adversely affecting the use of the Mortgaged Property or re-zoning the area wherein the same shall be situate (if the Mortgaged Property is not covered by a grandfathered or nonconforming use provision permitting the continuance of the existing use of the Mortgaged Property), or any restriction or loss of the existing improvements, including parking and landscaping resnlting from any encroachment onto adjacent properties, which Lender reasonably believes materially adversely affects the trust properly, Lender may, npon at least sixty (60) days written notice to the Grantor, reqnire payment of the indebtedness secured hereby at such time as may be stipnlated in such notice and the whole of the indebtedness secured hereby, shall thereupon become due and payable. In the event that any specific tax or assessment (other than the Federal or State Income Tax or franchise taxes presently imposed under applicable law) is assessed directly or indirectly against the interest, or any part thereof, of Lender herein, or against the present or future holder or holders of the Note secured hereby, or against the indebtedness evidenced thereby, the Grantor herein agrees that it will pay any and all of such taxes before the same shall become delinquent; provided that if the Grantor shall fail to pay such tax, Lender may pay such tax and add the H "I'" " -r" ~;{ "h __c ,. , ',\ .";~ .' '-'"-,, amount so paid to the indebtedness of the Grantor secured hereby. Should the Grantor fail to pay any and all of such tax or taxes before the same shall become delinquent, or should any law be adopted by virtue of which any such tax cannot be added to the amount of principal or interest secured hereby, or should a court of competent jurisdiction render a decision that the undertaking by the Grantor herein is illegal and in-operative, then, upon the happening of any such events, the whole indehtedness, including principal and accrued interest herein secured, shall at the option of the Trustees and/or Lender, become due and payable notwithstanding anything to the contrnry contained herein, or contained in the Note, and default shall exist hereunder. 26. Lender may extend the time of payment or agree to alter the tenns of payment of the indebtedness and grant partial releases of any portion of the property included herein. 27. Lender may bid and become the purchaser at any sale under this Mortgage, 28, Grantor hereby grants to Lender a security interest in the Personal Property located on or at the Mortgaged Property, including any and all property described in the granting clauses of this instrument and any and all property of similar type or kind hereafter located on or at the Mortgaged Property, and in the proceeds therefrom, for the purpose of securing all obligations of Grantor contained in any of the Loan Documents. This instrument shall constitute a Security Agreement as defmed by . applicable law. 29. The Grantor hereby grants, assigns and transfers to Lender all of the rents and other receipts from the Mortgaged Property (inclnding all rents, issues, profits and all tenants security deposits), whether directly or indirectly or now or hereafter accruing with respect thereto, provided that prior to an event of default hereunder, Grantor shall have a license to collect all such rents and receipts. 30. The Grantor hereby covenants and agrees that the above loan evidenced by the Note was made or is being made for a commercial pUipOse to a business or commercial organization or to a person or persons, owning, operating, or desiring to acquire and operate a business, and the Grantor further covenants and agrees that the loan is being transacted solely for the purpose of carrying on or acquiring a bnsiness or commercial investment. 3 L Time is of the essence of this Mortgage and each and every tenn, covenant and condition herein. 15 ~ " ." - ".' " J" ,'," ^ ~-. ~ ?~ " .' v '. .;) 32. The obligations of the Grantor hereunder shall be binding upon its or their heirs, successors and assigns; and the benefit of all of the provisions hereof shall inure to all subsequent holders of the Note. 33. Grantor warrants and will defend generally the Property hereby conveyed and assigned, whether now owned or hereafter acquired, subject only to those exceptions listed in Schedule B, Part I of the title insurance policy issued to and accepted by Lender in accordance with the binder previousty accepted by Lender, Grantor covenants to cause the title insurance policy, in accordance with said binder, to be issued and delivered to Lender within forty-five (45) days from the date hereof, ' 34. The Grantor covenants to execute, and cause to be executed, such further assurances of title to the Property or all or any of the Loan Documents, and to take, and cause to be taken, snch actions, including the institution and conduct of legal proceedings, as may at any time appear to Lender to be desirable to protect Lender's rights, titles or interest in the Property, or the Loan Documents, or to perfect the title thereto in Lender (as the case may be). Grantor covenants to defend, and cause to be defended, the claim or title of Lender (individually and/or collectively) in any of the Loan Documents, or the Note, or any part or all of the Mortgaged Property or of any other security therefore. IN WITNESS WHEREOF, the Grantors have execnted this Mortgage. WITNESS/ATTEST: ~.~ ~ R~-<SEAL) Ch** .~o.D-.~ Sandra A. Russ (SEAL) 16 -- -~. .' - '~ ,,J) .' . " . " 1)//d-iJ)/~ , I hereby certify that on this 10" day of December, 1999, before me, the subscriber, a No,tary Public of the Stale of Pennsylvania, in and for the County of 1)/lao}uv , personally appeared Theodore P. Russ and Sandra A. Russ, his wife', known to me or satisfactorily proven to be the persons whose names are snbscribed to the within instrument, ,and acknowledged that they executed the same for the pUlposes therein contained. STATE OF PENNSYLVANIA, County of , to wit: NolarlalSeal llnda B. Deaven. NOlaJy Public HamsbUlg, Dauphin Counly My Commission ExpI(88 Feb. 25, 2002 ,',1:::mtW. Fennsylvanla AsSoCIi1Uon of Notaries My commission expires: g:\rdtared\fetc\COJDrll"rcl\rossmlg.doc 17 ""ifif ~.-~~ii -).~,.,: ';J;~t~. ~. ,--, ,~- -''- ~ , <C- ,~ " , ...) , , , EXHIBIT "A" ALL THAT CERTAIN LOT OF GROUND, with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, County of Cumberland, and State of Pennsylvania, bounded and particularly described as follows: BEGINNING at an iron pin on the northeast comer of the tract herein being conveyed, said poim being 215,82 feet from the eastern property line of other land of the Borough.of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line and along land retained by the Borough of Carlisle, South 19 degrees 14 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to an iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East, 300 feet to an iron pin; thence by the same South 70 degrees 46 minutes 25 seconds, East 290 feet to an iron pin, the place ofBEGlNNlNG. Containing 2,00 acres, and thereon erected a two and one-half story brick mansion house, TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds, on the adjacent land retained by the Borough of Carlisle, The improvements thereon being known as 850 Bicentennial Drive. Parcel No. 04-22-0481-213B " r .. ~ -',-1 ~ ,-'_ '" - - .;c,-. ~ ,- '""" ',-."'._;;/,' VERIFICATION - !-'~._- '" ",CO.":''-'.'', . "_.~.:-~,,~ "";' I, Stuart J. MagduIe, Attorney for Plaintiff, depose and say subject to the penalties of 18 Pa.C.S.A., sec,4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Confession of Judgment for Possession of Real Property are true and correct to the best of my information, knowledge and belief. $~ Stuart . Ma uIe Attorney Plaintiff . .- ~-" ~~"-<.._~. ~"-,~, ,-~ 11l!! Jl_.. iilWI~';'"-- '-'''.~ '^.~' - _ , ,.0', ~,_1''''''",,-,, . .~ .';-~,.;;,"'L-." '",,,'{. ..,,"cc. ~-, .",,- .... U---"-," tp (:) ~ 1-- ~ ~ ~ a ~ IV a 1" 't'! ...;) 3 0 ~ v (IF - ~ r: ~ ~ ~ """" ",~ . ""- "..~, - ~"-" c-:::, ><-<, t;" - , ;t?;;; ~- " c} ~- -< <'",I I " --. ,,\'" / r_ c~! '~',;" ,',--.-' :".'1 hJ ~ J] -< . '-, ," :-<' ;~:~~ .~i,;.,\ ,,;~-;,,_:,~ '" .i'-,-'-",_-',,",' (,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION NO.: tJ-O- 3 n 'f ~-(.e.u- Plaintiff, vs. THEODOREP.RUSS~d SANDRA A. RUSS, Defend~ts. PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue writ of possession upon the judgment in ejectment entered by confession in the above matter. Certification I certify that: (1) rnis praecipe is based upon a judgment entered by confession, ~d (2) Notice pursuant to Rille 2973.3 will be served with the writ of possession. JAMES, SMITH, DURKIN & CONNELLY LLP Dated: U/JIj)lJU I I By: S . Mag Ie, Esquire P A: #25999 Attorney for Defendants PRO HAC VICE P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ,I j 'I II II I , , ! ;i 11 , ~ ~~~~- ~ ~'""'"Ilt!dlil iil1-'"''''''~ . ~ ~jiiLd"- ",,'..",..'d....,,' ,." ..: "ie.."""", " ., ," -U'''' ,,- ~"t>;":".-".i_""c "",,'.. ("") r;; g} [fr ;;:;;:::. c/) '~; ~(, a c.:J () ',< .. -"?",; ,c_'\) Co,: .2""C~, ,0_= i- p'~' .. L: -< -<:' ;"'-,j " ."J '::,} ::S] "'....1 ~ t ~ :-- ~ :-') "- '" ~ ~ '0 -l:; - ~~ 11 '" s ~ Ij~ -c"-' .,J:..l ~~ ?- l ," .>. ~,^, ." """" ~,L '"~ m ~,-"' " " WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) " [1 ii )! Eastern Savings Bank. FSB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term , 'I:) i ! Term vs. Costs Theodore P. RuSS and Sandra A. Russ 2205 Walnut Street Harrisburq, Pa. 17103 Att'y. PI'ff (s) Prothy. $ 29.50 $ $ 1.00 :! :"1 ,,' ,', :i !!; To the Sheriff of Cumberland County, Pennsylvania t-: i,; li Ii I I [I COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: F.;:u::~:h::~rn ~ffiT;ng~ R;:mk ffiR Plaintiff (s) being: (Premises as follows): 850 Bicentennial Drive, Carlisle, Pa. 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. (SEAL) Curtis R. Lonq Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania By: ~ 0. 71",&(:. / Deputy D~e June 23, 2000 ,..""",-~",-~-~ -~l" _~=~.d='"-~'",_~~ ,-'.' ... '--, j', ." , "" , -/'';'", -'~ ~- . ::> ::I: 'd Ul Ule:... CIl ." ." ::> ::s' .., :'ii - (").... 0.- ro 8 8'~ " 0 -. 0.- 'i .., s- ~ ~ ~z (l m 0 rt OJ ro ~ ~ Of> ~>-3 Of> g rt 'i m ~ ::I: tv "'I (>j '" rt- ~tv~ OJ cc= ~ :"' oro rn e:...Ul f-'- U1 a rt l"jl"j ~ . 3 ro ::e(") 'd " f-'. :":'$] m ::;;: 0 ~ ;e: OJ en f-'- ~~ O'OJ~ 1:"'0 ::s' U1 ro ?:'::e ~~ '" 0 rt ~ g Ul ;;: - 0 f-' rt p" (").... to 'd ~ o~ '" .., -..] ro c ~ . >-3 - rt. ;:l 0 'i }D ~. 0> " W f-'. :":'0 'dUl::<l (")0 '" '< " w () - :>;' w"'l OJ rt ffi 'lil O"'l .., b' :>;' (>j ~. (") . 'i Of> 0 ....." ro rn <: ~ a .., rn Of> a--o f-'ro Of> tpz(") .,,- .0 '" - ~oo grta ~ >-30 0> - -..] . Of> '< ==. f-I g Woo :>;' ~>< ~ c:r ;:l -..] ....l"j w m ~S " C.- a--oo Ul Of> ::ll ;:l 0100 ~ " U1 ro l"j.... .., ~ w i-' >-30 tpZz Of> <: ~ w J< Z,,= " I "" ("lZ OJ 0.- w "" "" "" 001:"' tv I:'" ;t; ><l"j (Xl I:'" tv . ~;r.- 0 'd f-' '" . . ~ >00 0 U1 0 0 ZO rn ...."'l ;r.- By virtue of this writ, on the 9th I caused the within named Eastem Savings have possession of the premises described August day of Bank. FSB ~~' ~ . .,-.~ """ .........'". Z Z o 0 '0 o I W (Xl en "" () f-'- < f-'. i-' '" '" .., .., F a 2000 , to 850 Bicentennial Dr, Carlisle PA, 17055. RETURNED STAYED ON 10/25/01 NO ACTION TAKEN IN SIX MONTHS. Sheriff's Costs: Docketing poundage Prothonotary Milage out of CounLy surcharge possession Advance Costs: $ Sheriff's Costs: 150.00 92.92 57.08 $ 18.00 1.82 1.00 3.10 ~.OO 30.00 30.00 92.92 Sworn and subscribed to before me this 1 ~ dayof ~. , ..J<>t;( , (J~ Q. ~,0-/'4 Prothonotary SOAn~~ ()~ She~f BYJili.u:llCk. (1 ' ~Y1 OP1)b~ ,- I u..:l en. 3'fCb,!. , ~JjlSSr , , --,- -,,-,,' -O;~'-",' '_;,_.';r<~'c:":. ~';F'~; CO~"',".,";" - ,', ,',<"-"'_"-""-":""",,,;'.:'\' - iil:,i , .-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION NO.: (}1J - 3 Z(. 'f ~ 7/a_ vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. AMENDED PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT To the Prothonotary: Please issue a writ of possession upon the judgment in ejectment entered by confession in the above-captioned matter for possession of Defendants' real property known and numbered 850 Bicentennial Drive, Carlisle, Pennsylvania 17013 and as more particularly described in Exhibit "A" attached hereto. Certification I certify that: (I) This praecipe is based upon a judgment entered by confession, and (2) Notice pursuant to Rule 2973.3 will be served with the w.rit of possession. Dated:~ & CONNELLY LLP By: S 0 A. Dietterick, Esquire PA I #55650 Attorney for Defendants PRO HAC VICE P.O. Box 650 Hershey,PA 17033 (717) 533-3280 ~"~ ~" - LEGAL DESCRIPTION Exhibit "A" ALL th~t dcrt~ln lot of ground, with the imgvovements thereon erected, ~It~nle In tho 'third Ward of the' ilorough of Carll$le. Cumberl~nd Oounty, Pennsylvania, bounded an\! described all follows: IlI!CINNINC at an 'Iron pin on the northeast eorner of the traot herein being conveyed, solI! point belns '3IG.SS (c'et rrom the eastern property line or otho: land or tho llorough 9t, 9a:lIs10, hAV~nll', b~on oonveyed to it by the, Carlisle Area School Olstrlct; thonee parallOI to thlg eastern property line ,and along land retained by the Bor!)ugh of Carllsle, South 19 degrees 13 minutes ,35 seconds West, 300 :feet to'a st~el thence ily the .aine, North 70 de~ees'45 mlnutcs,25 seconds West, 290 feet to an i~n pin; thenqe 'by the I same, N,mh 19 ,degrees 13 minutes 35 seconds East 300 feet to an Iron pin; theMe by the .ame, South 70 dC8'rees 46 minutes 25 seconds E85t290 feet , to An Iron pin, the place of nEGII'lNINo, , ' , , CONT AIl'l1N'G 2.00' sereS llnd thereon erected ,a two elld one-half stol';f brick mansion house. !' 1'OCIlTlIllR with such easements for utilitieS serving the premises hero convoJ'ed as presantly exist or are presently properly onrecOI'd !nthe ',0', Cumberland County Orflae at the Reoord.r of Deeds, on the adjacent land ' retained by the, Borough 'If Carllsle. 1001lTHEl'i wIth a right of access to sold premises whloh shall be ovcr the pfenn\ly-ex15ting drIVa or road emlttlng Irom the clIIItorn side ot the a,bQve-descrlbed premises and proceedlnl\' ellstwerdly snd norLhwardly to A point of Joinder with another existIng drive, which emlw ,trom the wostern sIde 01 the premises, end thonco northwardly to Walnut Bottom Roadt ~nld right to exist until SUOh tlmo as en alternatlve access to sold premlsQs Is pro~jdodi but nothing herein Shall guaranteo any right or continued us<; In the ~Io~elaid western drive nor sMll be ,conslrued no precluding on al\eralian In the aforesa.ld eastern drive b~ 1110 lloraugh 01 Carlisle to expand lho,silme a~d te join the same with !'lobI. lJoilleVllrd, os shown On the SUbdivision ~Ian prepared b~ Lorry Y, NeidlInger, tor the Carlisle Aroa School District ~nd reQorded I~ the ornee of tho Reccrder of noocl~ In and for Cumberland CQunt~" Pcnnsylyanla, In Pion !look 27, page 3n, Iho sold e~pMded, oontemplated pUbllc road being a gtrlp of lond 60 feel in widlh with 3D foot on ench side of th<j oenter I1no' of 912.32 ,teot in length bCB'IMln~ at a point at the intcrscclllln ot the western ond of Noble I1Qulevarr;! wlth the eastern property line 01 the land or tha lloroUifh of Cerljsle, formerly or the Carlisle Area School Distrjqt; thence !'ram sold poInt on 0 line curving to tho"lorl snd having a rndius of 72.46 feet M Qrc distance of 145.59 tcot to 0 point, thMco on a lIno eurv,lng to the rIght nnd haYing a radius of 186.74 feet nn arc diatOM. 01 161,87 foet to a point; thence on 4 straight line, South 30 do!:!,coS 3~ minutes 45 seconds Wost for a distance of 9B,1a root tll a pOint, Ihence on 0 line curving to \l'le ril111t and hnvinl1 a radius ot 23405 I loet on arc, dJstancc of 95,79 foct to n point; thonoe on 0 line curving to the lott and having 0 radius of 191.62 lect on ~rc dlstallao 01 116.29 Icet to a point; 'thence on a straight line, South 19 IIsgroo. 13 minutes 35 scconds Weat for ~ distance of 300 rect to a point; nor 'hell anything herein be eonstrued as precludinG' an~ othor alteration aI, substitutIon ro~, or extension o( the sQid cestern,drive, II oec~as to the oQove-doscribed premises oomparable to thot presont1~ ~xlsting b~ use ot the east~n drive oontinues, or a substitute Is made therefor, The ploeo of beginning of the two-aere tuet 'being herein conveyed to the Crantee Is 215.82 feet in a generally wosterly d,iroellon from theenslern proporty llno of the e!orosaid other land of the f:loroull'h or Carlisle, said 215.82 leet ,Ilelng measured Oil n linc at aright angla to tM said costern proport~ I1nc and Inters~cUnlr with said eeslornproperty linc at a potnt B I 1.90 feet in e generally northerly dlrectfon along the eastern properly l1no or the other land conveyed by the lloroueh of Carlisle 'from the louthoast corner of said other land of the Borough of C~rllsl~, ~~id other land belnl!' descrlbed!n a doed to the Bo,ough 9( Carlisle ll'Qm the Carll=le Area SchOOl D!strlct doled November 20, 1975, and attached heroto (of, relorenoe. "'~ - '-',-C . ~ ,'~<;,-~ ;~'._.~~~I>,"","_~\i1:_Mif!I~1tl\l!ill~';"I<"",lIloi-;;:,,,,~~'j-'I~'- .,.-. .. -,- [-- ~j~r "~...........~,~>~~ -~ '-'" ~ ~, '"'00:\ rDQJ 7,'- Zr.;;. (!J ~, ::z.~" <.2.C' '~.P =0 7t:, ~ ~ ~ r- {,.r-. P'. :.3<'- -- -- Lj .' t -, \._J ..--r; >,~~ :.--.:-, .' ':-~ .,.' I - - ~ ,-," -,~-~~~;, ..-~}.~~ ..., ~ ~ ~ ,,-v .....1 ~. "--'. ~",,- , .~,'- -." ,~ -, --" , .,- -t-,.,,,,,.,,-., ,,-~ ",'.' -,.,.", .--'C,-;j"-'. _<,,". '" ~~ i i ~ ~_. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION - -r: NO.: OV - 38''' 'I ~ r.b-.. vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. NOTICE UNDER RULE 2973.2 OF JUDGMENT AND EXECUTION Notice of Defendant's Rights To: Theodore P. Russ 2205 Walnut Street Harrisburg, PA 17103 A judgment for possession of real property has been entered against you and in favor of the plaintiff without prior notice and hearing based on a confession of judgment contained in a promissory note or other document allegedly executed by you. The sheriff may remove you from the property at any time after thirty 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 being removed from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED 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, GOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU C.AN GET LEGAL HELP. '. \~ LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 JAMES, SMITH, DURKIN & CONNELLY LLP By: . .Ia"',,'--L-, --, "' ~ _H i_I~">' ,-,-' '" .' ~- - '" ,i";"J;.c,,<C.",., ~. " d" ~...i,"''''',i'' '" , ~"- - .-"- ,...' ~ - '. " ... . 4 0 (.'d ,-. ,--.., ,-, ? c. -- U C: "" , ;::. -,;>- >j (i~! ~." i..<_ ~ r:: ~~ ~;~ j:;: ~ " \,,-' ;.-' ::< :"',J -r'] 0) -, . , ' I ., ",_.' =,,-'- ~; ,-.-; ,,"-~<" / ,,' ~.' ..,- ,-"v' """.' "'" ~ ;_~ .','_" ,-- - "-,,(-,-,;,-, '11 ". .\t......,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION NO.: tJt),:3 f{,. Y CW<-e 1.Q..v-> vs. THEODOREP.RUSSMd SANDRA A. RUSS, DefendMts. NOTICE UNDER RULE 2973.2 OF JUDGMENT AND EXECUTION Notice ofDefendMt's Rights To: SMdraA. Russ 2205 Walnut Street Harrisburg, PA 17103 A judgment for possession of real property has been entered against you MG in favor of the plaintiff without prior notice Md hearing based on a confession of judgment contained in a promissory note or other document allegedly executed by you. The sheriff may remove you from the property at MY time after thirty 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 being removed from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CumberlMd County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 JAMES, SMITH, DURKIN & CONNELLY LLP BY:~~ ~~agdh\;:-Esquire PAID #25999 P.O. Box 650 Hershey,PA 17033 (717) 533-3280 --"' ~~'~'\li.r' ' ~'~'-=I III II I ~~~~= i'iIlJ. ~""~--~ o_~~ _','.''7" .~ .~' , :.,,,,, ",;~';,','",-i:,'{,,,~;,';,,, ~'''' ^';;,,,,, ;"-;'-"- ;,,'j;;"'~ , , > ...-~", ' ~ ' I-" 0 0 ~-) i: , , ~ '",::: ' ~- : L1J ~>; L~_. ~~i C f\.) C:.2,' -, ...:' ( ; f' r'. -';--, "' -- ': , ):> c: :~.) '--~ "-'- :".) -~ ._~, :o.J -< co -< ",' ,~~' '" 'i .~, '" Jl~ ., -.. '" , EASTERN SAVINGS BANK, FSB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3864 Civil Term (') c- "'" ";,, ;gCl:) 2tTJ z:n 005: -<2: kC ?Ec0 :;;:! ~ PRAECIPE TO WITHDRAW REQUEST FOR PROMPT HEARING ~ THEODORE P. RUSS and SANDRA A. RUSS, Defendants TO THE PROTHONOTARY: please mark the above Request for Prompt Hearing as withdrawn. es-l \- 00 Date: spectfully submitted, ~ ~i S LlM T eodore P. Russ, Defendant 2205 Walnut Street Harrisburg, PA 17103 (717) 233-0941 By: ",,'- ~, 'Mil1'( <:::> o J:>> c::: '::''J c) ,OJ ---- 'Ti:;.-:~=} ~ -";,'I8 l_~]~;} t~ -" b ::0 -< '!? (J'J (..:J ~'" ";~, .~ ,. EASTERN SAVINGS BANK, FSB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3864 Civil Term THEODORE P. RUSS and SANDRA A. RUSS, Defendants CERTIFICATE OF SERVICE I, Theodore P. Russ, do hereby certify that a true and correct copy of the Praecipe to Withdraw Request for Prompt Hearing in the above-captioned matter was placed in the United States Mail, first class delivery, postage prepaid on this date on the following: Scott A. Dietterick, Esquire James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 Date: <8 -l \ --- DO By,~~'~~i~e~ Theodore P. Russ, Defendant 2205 Walnut Street Harrisburg, PA 17103 (717) 233-0941 2 t"-~ "......... """"",'!I';\< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SA VINaS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3864 Civil Term vs. THEODOREP.RUSS~d SANDRA A. RUSS, Defend~ts. REOUESTFORPROMPTHEARING I hereby certify that I did not voluntarily, intelligently ~d knowingly give up my right to notice ~d hearing prior to the entry of judgment: I petition the court to strike the judgment on this ground ~d request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true ~d correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ' Notice of hearing should be given to me at: 2Z,05 !,.lj~lN0\ S-r, Street Address ~P>G. fENNA-., 11103 City, State 233 -DqLH Telephone Number Dated: AIJ 8 .9) 2,000 ~~~ f, RLlM Defend~t(s) ~,~-. ,,~, ", V- N' r"" .. .......... "I 2 0 0 0 -,1 :;;:: ". .-< -om c:: "':-'.--n I11fTl <:;') "-'i:;:;;: Z:::O \ ......, 01 ~s::. 1.0 :~:Y -<L~_ '~C] ~c; ""'Q -T'I ",,--,:...,-t ~C) :;:: Ui',) Zrn ~~ r:- 0 .. -, ~ \"'.:> 55 ~ -< - 1 . " " -,-~ EASTERN SAVINGS BANK, FSB, PLAINTIFF V. THEODORE P. RUSS and SANDRA A RUSS, DEFENDANTS AND NOW, this " ~ ->', ."-,~ -,- . -,'"d'\'-"C.' ,"';;.- " , -'''-''":1 " 'I "I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-3864 CIVIL TERM ORDER OF COURT I o1L day of August, 2000, a hearing in the above- " :i i ::1 ~ :1 Ji I i Ii i i ':1 :1 I I 11 I' I' II , II I' II II 1 'i I, I' Ii I ~ ii ,1 II ! captioned case is scheduled for Friday, August 11,2000, at 1 :00 p.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Scott A Dietterick, Esquire P.O. Box 650 Hershey, PA 17033 For Plaintiff Theodore P. Russ, Pro se 2205 Walnut Street Harrisburg, PA 17103 :saa By the Court, t. Coplts I'Y2dllrrL pj;joo ~ o Q C 0 s:: :0- rgC'JJ_ 2m n z,2;j ~~ !;::o ~8 ~ ;s'c ~ ~ C.. -n ::,j [::-11 o ~~ 'c,.('5 r- 0 fll j;! :0 -< - 11>.-' L<;" t ~ AUG 1 0 zooo~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3864 Civil Term Cl g Q, ~ ~ -1] --om ~ '":c'jB ~~ .'.0 ;jb ~ JZc-~' .-0 ':;:~\~ t2..J :>- '~~ ,%0 C'" S~ 7~ ~ "~ :2 '~ vs. THEODOREP.RUSS~d SANDRA A. RUSS, Defend~ts. REOUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently ~d knowingly give up my right to notice ~d hearing prior to the entry of judgment~ I petition the court to strike the judgment on this ground ~d request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true ~d correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ' Notice of hearing should be given to me at: 2~o5 UJ~LNlj\ $1; Street Address ~P>G. fEN~A., 11 \ 03 City, State 233 -Dq~\ Telephone Number Dated: A:0 e .9) 2,000 ~~~ f RLlAA Defend~t(s) ~i!lilililIrlJl!iuw ~~",;!_~~~!i'llWIJI~~*,.M'.:.i.J,.J.J:.t ~. ['l!i!;ai!1iililiolli\l!~-~'-"~" ,....<_,~, ~_, "''''''_" '_,,,"-" ."~"." '-0'" c". __ ,,,,,", .""""'" -~-~- "^ '" -, ~-~ ~ ~- .. <, 'jell" ~.. ...< .- 1 ",. "" " C: "" '" ~ m c '" ~. C:' _L ",,~ = - " ,~f:J en 0 .. -. .c. '. ",,c N ". c::;. ;::e,. -;-u; --,1 --""~- -. ."". .~,{'f'% ~ ~ :=.i~ ,~ = ~... c-.;;. ... !i' ~. ~ ~, ""'"""""~\I<', .,/ ,.... EASTERN SAVINGS BANK, FSB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3864 Civil Term THEODORE P. RUSS and SANDRA A. RUSS, Defendants PRAECIPE TO WITHDRAW REOUEST FOR PROMPT HEARING TO THE PROTHONOTARY: Please mark the above Request for Prompt Hearing as withdrawn. spectfully submitted, ~ ~I t\ LlM T eodore P. Russ, Defendant 2205 Walnut Street Harrisburg, PA 17103 (717) 233-0941 ~""--l(- 00 Date: By: llI.l...." ~,f i~f'rf'" 1tif:/i!M.iI;m~:iiil~liWl~~4;i;iMiW~~iliJI.~~~" -, ""-'"'itll' ",.~ Lniiii"~~"""-i&::- -~, I;Ii:Jl~~'~'~' " " " , ". - \ ~ 0 '-? ,~ C 0 ,~..' ~ -n no '''; ~LO ~ f~~l;Q mrT"j c:; Z.~ -'-, ~t;:: :~~1 f9 -<L: -) I [;20 ;}:-;.. ~':"';,() ~=H ~O ::;: ~C) >2 If:' om ~ -, U1 ~ <.v -< . ,,'''. ~~ ~, .-. '-'IlM"""""",,-, ./ - EASTERN SAVINGS BANK, FSB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3864 civil Term THEODORE P. RUSS and SANDRA A. RUSS, Defendants CERTIFICATE OF SERVICE I, Theodore P. Russ, do hereby certify that a true and correct copy of the Praecipe to Withdraw Request for Prompt Hearing in the above-captioned matter was placed in the United States Mail, first class delivery, postage prepaid on this date on the following: Scott A. Dietterick, Esquire James, Smith, Durkin & Connelly LLP P. 0,:: Box 650 ,He~shey, PA 17033 Date: <B -l \ -- 00 \1spectiullY sUbmiRed, By:'1:~~~1 uM Theodore P. Russ, Defendant 2205 Walnut Street Harrisburg, PA 17103 (717) 233-0941 2 l I_,~ "i'h;!2"-"_,,,,,"..~I-,--1h~fii:~I~~;,*;r~~~,~i~~~~~ ~ "'^"'--"'~' ..~- " ''',I ~ '.' Jijj,,"'~ (;) 0 0 c:: 0 <- -"1 -og: "'" c: ~r,o '" ,- ..." Z-" "I::: cJ5i;::, ''''''J tTi ~"" ,~, t::l " ;<::0 == {;;i(~ ~8 :;]I; j;;L':;~ ~2o $C '!? ?~m .-' Z ~ ~ :11 <..., -< """'. , i - \. , ,"'-'" , ~ ',' .",' ~'.',," " ';", ;.;--' --, '_"~ _-ll'_'_" ""lU EASTERN SAVINGS BANK, FSB,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW THEODORE P. RUSS and SANDRA A. RUSS, Defendants 00-3864 CIVIL ORDER OF COURT AND NOW, this II th day of August, 2000, upon consideration of the "Praecipe To Withdraw Request for Prompt Hearing" filed on this date by Defendant Theodore P. Russ, the hearing scheduled for this date is cancelled. BY THE COURT, Scott A. Dietterick, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, P A 17033 Attorney for Plaintiff QoplU Y"Vlii,&:L P/t"l/OO ~ Theodore P. Russ Sandra A. Russ 2205 Walnut Street Harrisburg,PA 17103 Defendants :rlm h - lil~l&. -"~._~ - ~!ll!'In~~-~d...i/' \l\l'\VI\1;"'SNN3d )JJ\\n08 Q\\'f',y:JtI'Nn8 ~ \ :11 "M 1 \ 51\~ 00 N}jIjIO"'-' ,..' " 1',i'J'~r;,I,j ].-1(: ,.J,. ,~ . -,,"," ~ 3~\:J:lo--(BIU . ,'-~ ',,~ ; ,;. :lCi -~"" "_,c- .-...".-' o"""'~ ,'c";', ," ~ c ~'-k': , - ~-:,-~ ~ , . - ._,' _"~ ,_, '__' _.,' -, "0-"- " .,; ,_ "_~" "~~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CNIL DNISION Plaintiff, NO.: 00-3864 Civil Term vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. PRAECIPE TO SATISFY AND SETTLE TO THE PROTHONOTARY: Please mark the above captioned matter satisfied and settled. Respectfully Submitted: DATE: )4 {} K & CONNELLY LLP BY: Sco ' "etterick, Esquire PA!.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 . c,-"_~~ _;"' - c--,,' '. ,s...~,-~"',;;""c;_..,. , !,i;i~': ' li \ i I ,:: I I i-; ;!i ~~~~'.' -. """ '- ~- , ~ , o C.:: :g'~, ~';:;~': Z~:'- ~/j s(' ~:c ~?:_~ 5(<_ C_'~I ,~, -:;,,':J ,~J (~~ -<:,' "i>," r..'i1 ,,,j =::~; ~}-=l -< r (,'f'!