HomeMy WebLinkAbout97-04155
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IN THE COURT OF COMMON PLEAS OF
CllMliERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISON: LAW
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Plaintiff
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MELLON BANK, N.A.,
Va.
98 $[P -4 MilO: to
BENEDICT B. RANDOLPH AND TERRY L.
1WlDOLPH,
Defendant
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No. 97-4155 Civil Term
CER.TIFICATION OF AMOUNT DUE
Jack r. .......quire
'A SUPUM Court Attomey
1.n. 110241
RHOADS a SINON UP
YORK OFFICE
AT-.vtI AT t.MI
IlelAllT ~ II1'IlUT
VORK. ~ 1'740Ha'18
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
MELLON BANK. N.A..
Plaintiff
No. 97-4 1 !i!i CIVIL TERM
Vs.
BENEDICT B. RANDOLPII
and TERRY L. RANDOLPH.
Defendants
.
.
CERTIFICATION OF AMOUNT DUE
I. Jack F Ream. Esquire. attorney of record for PlaintilT. Mellon Bank. NA. in
the Judgment entered in favor of Plain tilT. Mellon Bank. N.A. and against Defendants.
Benedict B. Randolph and Terry l Randolph. on July 31. 1997 to No 97-4155 Civil
Term. hereby certiJY that as of September 4.1998. the following amounts are due and
owing under said Judgment
I. Principal
1.1 Amount of Original
Set Forth in Complaint
12 Payments made by
Defendants
U Remaining Principal Due
2. Intemt
S255.855 55
(S 11.55(02)
S244.29653
2 1 Amount Set Forth in
Complaint
22 Payments made by Oelendants
S7,400 77
(S7.400 77)
2 J Interest lIC\.'fUed since
May 13.1998
S('.S21 b!
2 4 Amount due
$0.1.12161
J. ugal Fees
3.1 Amount Set Forth $51.171 II
In Complaint
3.2 Paymen(5 $ 2.635 23
33 Amount Due $4853588
4. Total 5299,654.02
DATED September 4. 1998
c~;;;---
Rh""', :..:;" ~LP
119 East Market Street
York. PA 17401
ID 10241
Phone 1-717-843-8%8
Fax 1-717-846-6676
Allorney lor the Plaintiff
MELLON BANK. N A
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mortgages and municipalities that are owed taxes), will be filed
by the Sheriff within thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the schedule of distribution may be obtained
from the Sheriff of the Court of Common Pleas of Cumberland
County, Pennsylvania, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013; Telephone 1-717-
240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY. It has been issued because there is a judgment
against you. It may cause your property to be sold or taken to
pay the judgment. You may have legal rights to prevent your
property from being taken. A lawyer can advise you more
specifically of these rights. If you wish to exercise your
rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE:
District Court Administrator of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Telephone: 1-717-240-8200
THE LEGAL RIGHTS YOll MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas
of Cumberland County to open the judgment if you have a
meritorious defense against the person or company that has
entered judgment against you. You may also file a petition with
the same Court if you are aware of a legal defect in the
obligation or procedure used against you.
2. After the Sheriff's sale you may file a petition with
the Court of Common Pleas of Cumberland County to set aside the
sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriff's deed is
delivered.
J. A petition or petitioners raising the legal issues or
rights mentioned in the preceding paragraphs must be presented to
the Court of Common Pleas of Cumberland County at one of the
Court's regularly scheduled business court sessions. The
petition must be served on the attorney for the creditor at least
two (2) business days before presentation to the Court and a
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
. CIVIL DIVISIOtl: LAW
HELLON BANK, N.A.,
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Plaintiff
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Vs.
BENEDICT B. RANDOLPH and TERRY L.
RANDOLPH,
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Ddendants
Judgment No. 97-4155 Civil Term
\lrit No.
.
Action In Confession of Judgment
CERTIFICATE OF SERVICE OF NOTICE OF
SHERIFF'S SALE TO CREDITORS UNDER
RULE 3129 OF PENNSYLVANIA RULES OF
CIVIL PROCEDURE
Jack F. Ite.., Esquire
.. PI. SUptSlle Court Attorney
. 1.0. 11'3241
.
RHOADS & SINON LLP
YORK OFFICE
ATTORI.I"a At LAW
"8 !PIT *-" ITJIU'f
VORK. I"ENNSYLI/ANlA "..01-1118
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
Plaintiff
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LON BANlt, N.A.,
VS.
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BENEDICT B. RANDOLPH AND TERRY L.
RANDOLPH.
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Defendants
Judgment Mo. 97-4155 Civil Term
Writ No.
Action In Confs81ion of Judgment
CERTIFICATE OF SERVICE OF NOTICE 0
SH!llIFF S SALE TO DEFENDANTS UNDER
RULE 3129 OF PEllNSYl.VANIA RULES OF
CIVIL PROCEDUlE
Jackr, Ileam. Esquire
. . PA Sapr_ Court Attorney
1.0. 110241
RHOADS & SINON UP
YORK OFFICE
ATtOIV.J,ra.t LAW
Ita....1T ~ *""IT
VORK. ~1/ANlA l,..ot.t.,.
mortgages and municipalities that are owed taxes), will be filed
by the Sheriff within thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the schedule of distribution may be obtained
from the Sheriff of the Court of Common pleas of Cumberland
County, Pennsylvania, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013; Telephone 1-717-
240-6390.
THIS PAPER IS A NOTICE OF TilE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY. It has been issued because there is a judgment
against you. It may cause your property to be sold or taken to
pay the judgment. You may have legal rights to prevent your
property from being taken. A lawyer can advise you more
specifically of these rights. If you wish to exercise your
rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE:
District Court Administrator of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Telephone: 1-717-240-8200
THE LEGAL RIGHTS YOU MAY IlAVE ARE:
1. You may file a petition with the Court of Common Pleas
of Cumberland County to open the judgment if you have a
meritorious defense against the person or company that has
entered judgment against you. You may also file a petition with
the same Court if you are aware of a legal defect in the
obligation or procedure used against you.
2. After the Sheriff's sale you may file a petition with
the Court of Common Pleas of Cumberland County to set aside the
sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriff's deed is
delivered.
3. A petition or petitioners raising the legal issues or
rights mentioned in the preceding paragraphs must be presented to
the Court of Common Pleas of Cumberland County at one of the
Court's regularly scheduled business court sessions. The
petition must be served on the attorney for the cl'edltor at least
two (2) business days before presentation t.o the Court and a
proposed order or rule must be attached to the petition. If a
specific return date is desired, such date must be obtained from
the Court Administrator's Office, Cumberland County Courthouse,
One Courthouse Square, Carlisle, Pennsylvania 17013, before
presentation of the petition to the Court.
S~!J. ~. I Cf4 'i
Attorney for the Plaintiff
Jack F. Ream, Esquire
Rhoads & Sinon LLP
119 East Market Street
York, PA 17401
Telephone: 1-717-843-8968
Fax: 1-717-846-6676
Attorney 1.0. #l0241
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
MELLON i1ANlt, N.A.,
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Plaintiff
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Va.
BENEDICT B. RANDOLPH AND TERRY L.
RANDOLPH.
,
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Defendant
Judgment No. 97-4155 Civil Term
Writ No.
Action In Confession of Judgment
CERTIFICATE OF SERVICE OF
EXEMPTION RIGHTS
.Jack r. leaa. Esquire
PA Supr_ Coutt Attorney
I.D. #10241
,
RHOADS a SINON LLP
YORK OFFICE
AnOIt14Y'AT UlIr
It._*-''~
'ttlRl(, I'DlNSl\.VANlA 1,..ot-lZ18
mortgages and municipalities that are owed taxes), will be filed
by the Sheriff within thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the schedule of distribution may be obtained
from the Sheriff of the Court of Common Pleas of Cumberland
County, Pennsylvania, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013; Telephone 1-717-
240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY. It has been issued because there is a judgment
against you. It may cause your property to be sold or taken to
pay the judgment. You may have legal rights to prevent your
property from being taken. A lawyer can advise you more
specifically of these rights. If you wish to exercise your
rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE:
District Court Administrator of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Telephone: 1-717-240-8200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas
of Cumberland County to open the judgment if you have a
meritorious defense against the person or company that has
entered judgment against you. You may also file a petition with
the same Court if you are aware of a legal defect in the
obligation or procedure used against you.
2. After the Sheriff's sale you may file a petition with
the Court of Common Pleas of Cumberland County to set aside the
sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriff's deed is
de 11 vered.
3. A petition or petitioners raising the legal issues or
rights mentioned in the preceding paragraphs mllst be presented to
the Court of Common Pleas of Cumberland County at one of the
Court's regularly scheduled business court sessions. The
petition must be served on the at.torney for the creditor at least
two (2) business days before presentation to the Court and a
"
ALL THOSE CERTAIN tracts of land, with the Improvements thereon erected, situate in
Dickinson Township, Cumberland County, Pennsylvania, bounded and described as
follows:
TRACT NO.1: BEGINNING at a point in the center IlI1e or U S Route #11, at a
point thereon which is South 67 degrees 04 minutes 30 seconds West 290 feet. more
or less. from the point where the property line of the land now or formerly or Vance C.
and Elizabeth M. Holler leaves said highway and goes to the southeast, thence from
said beginning point South 67 degrees 04 minutes 30 seconds West 220 feet, more or
less. to a point; thence South 22 degrees 55 minutes 30 seconds East 1072.53 feet to
a point; thence by the southern boundary line of land now or formerly or Vance C. and
Elizabeth M. Holler North 68 degrees 26 minutes 52 seconds East 220 feet to a point;
thence by other lands now or formerly of Vance C. and Elizabeth M Holler North 22
degrees 55 minutes 30 seconds West 1072.53 feet, more or less. to a point, the place
of BEGINNING,
TRACT NO.2 BEGINNING at a point In the center hne of U S Route #11. at a
point thereon which is the northeastern corner of lands now or formerly of Vance C,
and Elizabeth M. Holler; thence by said center hne North 67 degrees 04 minutes 30
seconds East 290 feet, more or less. to a pOint. thence South 77 degrees 31 minutes
24 seconds East 635,99 feet to a point: thence South 78 degrees 17 minutes 32
seconds East 295.73 feet to a point in the center line of the Mooredale Road, thence by
said center line South 3 degrees 8 minutes East 90 96 feet. thence by same South 00
degrees 45 minutes West 70 feet to a point at hne of land now or formerly of Grace
Landis; thence by the laller North 89 degrees 15 minutes West 225 leetto a point,
thence by the same South 00 degrees 45 minutes West 331 54 feet to a pOint thence
South 44 degrees 55 minutes 48 seconds West 307.42 feet to a pOint. thence by the
same South 68 degrees 26 minutes 52 seconds West 348.97 leetto land now or
formerly of Vance C. and Ehzabeth M. Holler, thence by the laller North 22 degrees 55
minutes 30 seconds West 1072.53 feet, more or less. to the place 01 BEGINNING.
TRACT NO.3: BEGINNING at a point on the southern dedicated right-of-way
line of Governor Ritner Highway, at lands now or formerly 01 Benedict B Randolph and
Terry L Randolph; thence along said lands 01 Benedict B Randolph and Terry L
Randolph South 22 degrees 08 minutes 40 seconds Easl1048 40 leetto a point;
thence by lands now or formerly of John R McKeehan South 68 degrees 57 minutes
30 seconds West 5001 feet to a concrete monument, thence along land now or
formerly of Kurt E. Suter North 22 degrees 08 minutes 40 seconds West 104700 feet
to a concrete monument set in the southern dedicated IIght-of-way line of Governor
Ritner Highway; thence along said right-ol-way line North 67 degrees 21 minutes 00
seconds East 50 00 feet to a point. the place 01 BEGINNING
BEtNG Tax Parcel 08-09-0523-004
IT BEING the same premises seized Ifl executIOn on the Judgment and Execution of
Mellon Bank. N A. Plambll. Vs Benedict B Randolph and Teffy l Randolph. being
Judgment No 91-4lS) and Execullon No
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mortgages and municipalities that are owed taxes), will be filed
by the Sheriff within thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the schedule of distribution may be obtained
from the Sheriff of the Court of Common Pleas of Cumberland
County, Pennsylvania, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013; Telephone 1-717-
240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PI,ACE OF THE SALE OF
YOUR PROPERTY. It has been issued because there is a judgment
against you. It may cause your property to be sold or taken to
pay the judgment. You may have legal rights to prevent your
property from being taken. A lawyer can advise you more
specifically of these rights. If you wish to exercise your
rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT WHERE YOU CAN
GET FREE LEGAL ADVICE:
District Court Administrator of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Telephone: 1-717-240-8200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petitioa with the Court of Common Pleas
of Cumberland County to open the judgment if you have a
meritorious defense against the person or company that has
entered judgment against you. You may also file a petition with
the same Court if you are aware of a legal defect in the
obligation or procedure used against you.
2. After the Sheriff's sale you may file a petition with
the Court of Common Pleas of Cumberland County to set aside the
sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriff's deed is
delivered.
3. A petition or petitioners t'aising the legal issues or
rights mentioned in the preceding paragraphs must be presented to
the Court of Common pleas of Cumberland County at olle of the
Court's regularly scheduled business court sessions. The
petition must be served on the attorney for the creditor at least
two (2) business days before presentation to the Court And a
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL DIVISION: LAW
Plaintiff
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HELLON BANlt. N.A.,
Vs.
BENEDICT B. RANDOLPH and TERRY L.
RANDOLPH.
Defendants
Action In Confe..ion of
Judgment
CERTIFICATE OF SERVICE OF
NOTICE OF ENTRY OF JUIlGMENT
Jeck F. Rea. Isquira
PA SuprSlle Court Attorney
1.0. 110241
RHOADS a SINON UP
YORK OFRCE
A~ AT I.AW
t .alAlT ....-T STMET
YORK. PlNNSYLVANIA t".tOHa18
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8. The "Note and Security Agreement" tor $300.000.00 (Exhibit '"A") has
not been assigned andlor endorse
9, Defendants have delilUlt under the terms of the '"Note and Security
Agreement" for $300,000.00 (Exhibit '"A") in thaI the Defendants have tailed to make
monthly paymenls of principal and interest of $3.020.15 for months of May, June and July
of 1997 and $1,492.56 for month of April. 1997. for a total delinquency of$IO,556.71.
10. As a result of the default of the Defendants as a alleged in Averment 9 of
this Complaint, all sums due by Defendants to Plaintitl" under the '"Note and Security
Agreement" for 5300,000.00 (Exhibit '"A") are due and payable in full
11. As a result of the facts alleged in Averments 9 and 10 of the Complaint, the
Defendants are obligated to the Plaintiff for the lollowing sums under the '"Note and
Security Agreement" for 5300,00000 (Exhibit"A")
A Principal 5 255.85555
B Interest to July 31. 1997 5 7.40077
C Lale Charges S -0-
D Legal Fees ( 20%) 5 51.171 II
E Total 5 314.42743
12. The attorneys fees set fonh in Averment Ilufthe Complaint are as
provided for in under the "Note and Security Agreement" tor 5300.000 00 (Exhibit "A")
13. The PlaintilT has requested and made demand lIpon the Defendants for
payment of the sums due and owing by the Delendants to the Plaintiff under the "Note
and Security Agreement" for 5300.000 00 (Exhibit"A") but the Defendanls ha\'e refused
10 pay lhe sums due PlaintilT under the '"Note and Security Agreement"" for $300.00000
(Exhibit" A")
WHEREFORE, the PlaintitTdemands Judllmenl b,. Confession in lavor of the
- -
PlaintitT, Mellon Bank. N A , and against the Detendants, Benedict B Randolph and Terry
L. Randolph, pursu&ntto the Warranty of Al10rney contained in under lhe "Nole and
Security Agreement" for $300.000 00 (Exhibit "A") I~lf the l~lllowing alllounls
A
B
C
D
Principal
Interest to July 31, I W7
ute Chargts
L~I Fets ( 1tl".1
$ 255.&55 55
5 7.400 77
S .0.
1..._.H.llI II
E
Tutal
S 314,421043
!
. 300.000.00
Co-n9
,19.Q.2
For value received, and intending to be legally bound. Under.
signed, as defined below, promises to pay Mellon Bank
N.A.
("'Bank'" or its order at HARRISBURG. PENNSYLVAlUA.-
the sum of TIlRF:F: HIJNDRI'n TIlOmlANn ANn 00/100
----------------------------- Dollars
fs 300 ,000.00---------_________ t or such
lesser or greater principal amount as may be outstanding
from time to time under a discretionary line of credit
established by Bank for the benefit of Undersigned. with
interest on the outstanding balance from the date of this
Note and Security Agreement '''Note'') at the ratels' ("'Con.
tract ural Ratelsl'"l specified herein.
SEE RIDER ATTACHED HERETO AND HADE A PART
HEREOF.
SEE LATE PAYMENT CliARGE ADDENDUM ATTACHED
HERETO AND HADE A PART HEREOF.
Artar maturity. whether by KnleratioR. oOIenriM.
ilttant ahallllttn. at a ra... 21*"ftt ptt lIIlllum abow tile
Conlractllal Ratelsllpectfted until all Bume due hemulder
&1'* psJd. IlIte,,", s.lIalI rtllItlllue 10 IIC~ aflB tile "'tl)' of
Jlid(lMllt by con'..sioll elr otherwi.allh. C<lfttrattual
ILIt..... lillll' all sums .Iu.. 1Ito"",,".lrr and\" undl'l' the lud<<.
m~t A'" P.iH' 11"\,''''' ttit' C\mtr.u;tll.11Itu..ftl;l Pi tJ~. altt'"",t
17707
II. 2.
by subsequent msturlty. Thill is the Note or one of the
Notell referred to in thst Loan Agreement dated
. ., (1-C:;9 ,19 f{1) . between
Undersigned and Bank. all the Isme may 00 supplemented
from time to time.
So long IS Bank is the holder hereof, Bank's books and
records shall be presumed. eltcept in the case of manifest
error, to accurately evidence at all times a1ll1mounts out.
ltanding under this Note and the date and amount of each
sdvance and psyment made pursuant hereto.
The prompt and faithful performsnce of all of Undersigned's
obligations hereunder. Including without limitation time of
payment. is of the essence of this Note.
Certain terms used in this Note sre defined in Section 9
below.
1. Security Interest. Undenigned hereby grants to Bank a
security interest in the following property now owned or
hereafter acquired by Undersigned:
C _Ial all equipment. wherever located. including
machinery. motor vehicles. furniture and fiatures:
C _Ibl all inYl!ntory Iwhether held for sale or lease or to be
furnished under contracts of servlcel. raw materials. work in
process. and' materials used or consumed in the conduct of
Undersigned's business. and all books. records. invoices and
other documents which describe or evidence the same:
C _lei all farm products;
C _'dl all accounts. contract rights. general intan&ibles.
choses In IICtion. ilUltrumenta. chattel paper. documents
!including all documents of title end warehou.. receiptsl
and all righu to the payment of money. Itowenr evidenced
or arising:
o _leI the securities de.scribed below. topther with all
caah. stock or other dividends or distributioRe paid upon or
made in reapec:t of auch aec:uritia in any form; all securi ties
received In addition to or In tllchlltp f. euch _ritles:
and allaubscrlpUon richta ilIddent to auch _ritles: and
,d4~
lI:lIIJJ(etn Other:
THIS NOTE AND SECURITY AGREEMENT IS 06
SECURED BY A MORTGAGE DATED ~D' ~,
FROM BENEDICT B.
RANDOLPH AND TERRY L. RANDOLPH AS
MORTGAGORS TO KELLON BANK. N.A. AS
MORTGAGEE ON CERTAIN PREMISES LOCATED
IN CUMBERLAND COUNTY, PENNSYLVANIA,
AS MORE FULLY SET FORm THEREIN.
Igt In addition to the loregoing. Undersigned t II grants to
Bank a security interest in all accessions, parts, accessories.
attachments and appurtenances in any way used With.
attached or related to. or installed in. any equipment or
inventory constituting "Collateral" hereunder. 121 grants to
Bank a security interest in all substitutions lor. renewals
01. improvements. replacements and additions to. and the
products and proceeds Icash and non.cashl 01 all property
constituting "Collateral" hereunder and any insurance
policies relallng thereto; 131 grants to Bank a securit~.
interest in. lien upon. and right 01 setoll against. all deposit
accounts. credits. .ecurlties. moneys or other propert). 01
Undersigned which may at any time be in the possession 01.
delivered to. or owed by Bank. including any proceeds or
returned or unearned premiums of insurance. and the
proceeds Icash and non.casht of all the loregoing property;
and HI assigns to Rank all moneys which may become payable
on an" policy of insurance reqUired to be maintained under
this "ole. including any returned o. unearned premiums.
All such properl ,. subject to [Janks ~.,'ullty Intert'sts
deScribed in Ihis Section I is relerl't'd 10 herein coll....tively
as Ihe "Collaleral." With respKtlo Sl'{'lion 4 ht'reunder. the
Irrm "Collateral" shall not includt' the properl~' describ.>d in
subslctlOns IglIJI and IgI W 01 I his Sl'Cuon I.
All SI'{'Unl\ inleresls in Collateral shall be deemed 10 arise
and he perieCled under and I.'overned hy the U mlorm
Commert'lal Code. except to the utent that such law does
not appl~' to certain t~pes of IrsnsactlOns or Collateral. In
which case applicable law shall I:""t'l'n.
2, Obligation. SKu~d. The Collatrral ,hall SKure the
101l0wIOg obhgatlon. r'Obhgations'\ of Unders.gnt>d 10
Bank: lal all amounu at an\' time owing o. payilble under
Ihls "Ole. Ibl all co.u and ex,,",n...s In,'urfl'd h, n.mk In the
rollffllan o. enlarce('l\enl of this NOle o. Ihe prot....llOn HI
Ihe Collalnol. leI all lUlU'" ad,'allt'e. Ino\\l.. h, Ilank lor
'ans. Ie'..,. msurance. .lnd repairs 10 ,>t' m"lnlenann' ,'III",
Cdl41tral. and ldl anI' nt her Indebtedn....... halnhtv. '>f
"bbgau"n d UnJe"'g"..d 10 Dank. past, P"'...nt;" IUluno,
dlf1'('t or Ir",jitn:L ..bso!utl Of ,~()nUnpnt. lnu.\\dual Jotn.. t-\f
1."1'r:l1. nn-w t.h... (.f to I'!:<<'tunr ,t\i~. wMthM olS ,ba....r, makt'f,
#n'lhws..r ~"'-.ur.nHlt, ,u..-.tl tll nttu~'rYf""I. l"lt'l"pl th.J:t nc\n... \l'
I ht 't\'\intv ,nlftt',n r.....ated "~"'1O '''iOn wn.." anI ..hJ,....
t,",-In mfutf'l"d h, tJn~h.t"tt.t.r-nt",t ~tHl'h t, ,h.tH''l~1 ,l; >\'t'n~\Ht\"'f
.f,,,,,t!_ I... rn.h'f,ttnt,...t"t-'Il\",ntH.,~;'td.Hh.n~. i:,'rn
",,1 1
, '," , i'
.1, ..,
3. Reprelentatlonl. Undersigned hereby makes tha followln~
representations and warranties which ahsll be true and
corn.'Ct on the date of this Note and shall continue to be truE
and correct at the time of the crealion of any Obligation
secured hereby and until the Obligations secured hereby shal
have heen paid in lull: lei Undersigned's residence and/or
Chief Executive Office. as the case may be. is as stated belo",
or as otherwise stated in 0 subsequent written notice
delivered to bank pursuant to the terms hereof: ibl Under.
signed has good and marketable title to the Collateral
subject to no security interest. lien or encumbrance. except
os indicated to the contrary to Bank in writing prior to the
execution of this Note: and lei if any of the Undersigned is
an individual. each such individual is at least 18 years of ag'
and under no legal disability or incapacity.
4. Connanta. Undersigned covenanU and agrees Ihat until
the Obligations secured hereunder have been paid in lull.
Undersigned shall: lal use the proceeds of the loan evidencee
hereby only for the purpose specified to the Bank at or prior
to the execution hereof; Ibl not permit use of the Collateral
for any illegal purposes: lei promptly notify Bank in writing
of any change in its or their residence or Chief Executive
Office; Idl not permit removal of any of the Collateral lrom
county to county or state to state unless Bank has given
wrillen consent in advance: lei maintain at all times good
and marketable litle to aU Collateral. free and clear of any
security interest, lien or encumbrance lexcept as to which
Dank may grant its prior written consent pursuant to
section 4 tIl belowl. and defend such title againstlhe claim,
and demands of all persons; 10 not t1l affix the Collateral or
permit the Collateral to be sffixed to real estate or to any
olher goods. 121 lease. mortgage. pledge or encumber the
Collateral. t3t pt'rmitthe Collateral's identity to be lost.
W permit the Collateral to he levit'd upon or altached under
any legal proCI'SS, 151 permit or cause any security intt'resl
or lien 10 arist' With respect to the Collatersllother than
tho.e creBted in Ihi. Nolet. o. 161 except Collateral custom.
arily .old by Undersigned in the ordinary courst' of busine~'
and so sold in such manner for full value. sell. consign. part
with possession of. or otherwise dispose of the Collateral
or any rights therein. except as Bank may grant its prior
specific written cons..nt with respect to acU or events
specified in suhsections 1I1, 121, t51 or 161 hereof; Igl mamtam
the Collateral in good condition and repair. excepting only
reasonable wear and tear: pay and discharge all taxes and
other levies on th.. Collateral. as well as th.. costs of repair
and malOtenan<< thereof; and furnish to Bank upon reque.t
do.:umentary proof of payment of such lUes. le"les and
costs; Ihl provide addillonal collateral at .uch times and
having such value as Bank may request. if nank shall ha,.
ITaSl,nahle l.'T'OOnds far belil!\'lng that the value of the
Collateral has 1>II'Cl>me insufficient to sKUre all Obli1l3tion,
." klen..ed or setuml by this Note; iii pun:hase and malOla.n
pol....... 01 insurance tincludin, n<1Od insurancello prolen
Ihe (\>llateral or <>the. ptnl'"'.ty against such nsks and
casual!."- .lftd In """h amounta. a. shall he I'fllulml by nank
an<l"" apphCll"'" 1.1", wlvich roti...n shall III be In f"rm and
lIUJ",un<< sall"lilt'll'n 10 R.nk. 12l,lflIpate Rank as k'"
I'd'.... and, at fl.ll'.' "PI 11m. d' A.Id,llonallnsurt"(1. and 131
h.., lnt ff't(1h-\"l.\~t''i f:"\ !dt"!l(m~ 'a",~ ..hall ht~t d("r()~!:Ilt'''\i \\ It h
11 ,.. 1_ '1\ ~ 'n" .,1,. i, n, " f ,." . ;,.. '''' . ,! , .1 I ,
" " ..' . '" . .,. '
, . .
balance sheets and income statements). all in form and
content satisfactory to Bank; (kl execute. upon demand by
Bank, any financing statementl or other documents which
Bank may deem necessary to perfect or maintain perfection
of the security interestlsl created in this Note and PRY all
costs and fees pertaining to the filing of any financing.
continuation or termination statements with regard to such
security interests; III procure. snd cause altatement of
Bank's security interest to be noted on. any certificate of
title issued or required by law to be issued with respect to
any motor vehicle constituting part of the Collateral. and
cause any such certificate to be delivered to Bank within 10
days from the later of the date of this Note or the date of
the issuance of such certificate; (m} psy. upon demand. all
amounts incurred by Bank in connection with sny sction or
proceeding taken or commenced by Bank to enforce or collect
this Note or protect. insure or realize upon the Collateral,
including attorney's fees equal to the lesser of tal 20% of
t he above sum and interest then due hereunder. or $500.00.
whichever is greater. or Ibl the maximum amount permitted
by law. and attorney's costs and all costs of legal proceedings;
and Inl immediately notify Bank if any of Undersigned's
accounts arise out of contracts with the United States or
any department. agency or instrumentality thereof. and
execute an)' instruments and take any steps required by
Bank in order that all moneys due and to become due under
any such contracts shall be assigned to Bank and notice
thereof gwen to the United States under the federal
ASSignment of Claims Act.
5. Events of oarault. The occurrence of any of the following
shall constitute an "Event of Default" hereunder: lal default
in payment or performance of any of the Obligations
eVIdenced or secured by this Note or any other evidence of
liability of Undersigned to Bank: lblthe breach by any
Obhgor Idefmed as Undersigned and each surety or guarantor
of any of Undersigned's liabilities to Bank, as well as any
person or entIty granting Bank a security interest in prop.
erty to secure the Obligations evidenced hereby I of any
cO\enant contained in the l.oan Agreement (if anyl. this
NOle. or m any separate security. guarantee or suretyship
agTl'ement between Bank and any Obligor. the occurrence of
any default hereunder nr under the terms of any such al!1'ft"
ment. or the discovery by Bank of any false or misleading
representallon made by any Obligor herein or 10 any such
agreement or in anv other information submitted to Bank
bv .ny' ()bll~..,r: lei ;",th respect to any Obligor: 01 death or
,ncap'Clty 01 any andividual or genual partnu; or 121 dis.....
lutJe'n d any partnership or corporation; (dl any euignment
lor th, b..,elit of CreditOrs by any Obligor; tel insolvency 01
Iny (lbllgor, 10 the liling or commencement 01 any petition.
act,,," .uo "r proceeding, voluntary or involuntary. under
1m ,Ulo l'r lederalla.. recarding b.nkruptq'. insol\..ncy,
rel..rll.n'ut,on, recei,ership or dissoluuM. induding the
lhnkruptn' Relorm Act 011978. &I amended. by or Apin,t
In" nblill"'r. 1.1 delault und~r th.. ttrm, "f anv lu,. of or
ml'rtglll1' lIn the premISes ..he", any Collateral is located.
,h, rlrn..hrnent, .ll.chm~nt or takinc by gm'l"rnmmtal
'~Ih''''l' "tany C"lIat~ral lIr other prop"rty of the Under,
"""1'\1 ..l\"h 111ft n.nk'. P""fSSIOft,ma detnmlnation hy
"'0" "h,ch dtltrnun.tlill1 .h,ll be "",clU'I'... ,I made In
.;,,,Ili., h I hat I mal....1 .,1"",... fh.n...... hu 'l('fUrr.... In
I I I ." t"',. _ !. '"1,', t t. ,1\ I" , ! 1'.._ t~,... , -~"" ~ ,'f" n' t t, I'
maturity of any me insurance policy held as collsteral under
this Note by reason of the death of the insured or otherwise.
6. AcceleratloD; Remedlea. Upon either (iI the occurrence
of any Event of Default. or liil if this Note is payable on
demand. such demand by Bank; (al all amounts due under
this Note. including the unpaid balance of principal and
interest hereof. shall become immediately due and payable
at the option of Bank. without any demand or notice what.
soever; Cbl Undersigned shall. upon demand by Bank.
assemble tbe Collsteral and promptly make it available to
Bank at any place designated by Bank which is reasonably
convenient to both parties; lei Bank may immediately and
without demsnd exercise any of its rights and remedies
granted herein. under spplicable Isw. or which it may other.
wise have. against the Undersigned. the Collateral. or
otherwise; and Idl Bank may, without notice or process of
any",ort. peaceably ..nter any premises where any vehicle
constituting a part of the Collateral is located and take pos.
session. retain and dispose of such vehicle and all property
located in or upon it. Bank shall have no obligation to return
any property not constituting Collateral found in any such
vehicle unless Bank actually receiv..s Undersigned's written
request therelor specifically describing such property within
72 hours after repossession thereof.
7. Bank's Rights. Undersigned hereby authorizes Bank. and
Bank shall have the continuing right. at its sole option and
discretion, to: tal do anything which Undersigned is required
but lails to do hereunder. and in particular Bank may. if
Undersigned lails to do so. III insure or take any reasonable
steps to protect the Collateral. 121 pay all taxes. levies.
expenses and costs arising with respect to the Collateral. or
131 pay any premiums payable on any policy of insurance
required to be obtained or maintained hereunder. and add
any amounts paid under this Section 71alto the principal
amount 01 the indebtedness secured by this Note: lbl direct
any Insurer to make payment of any insurance proceeds.
including any returned or unearned premiums. directly to
Bank. Dnd apply such moneys to any Obligations or other
amounts evidenced or secured hereby in such order or fashion
as Bank may elect lei inspect the Collateral at any reason.
able time: Idl pay any amounts Bank elects to payor advance
hereunder on account of insurance. taxes or other costs. fees
or cha~s arising In connection with the ColI.teral. either
directly to the pay" of such cost. fee or charp. directly to
Undersicned. or to such pa)'Hlsl and Undi!rsianed jointly;
and 1..1 pay the pt'OCftds 01 the loan evidenced by this Note
to any or all of the Undi!rsigned individuelly or jointly, or to
such other person. as any of th.. Und..rsicn..d may direct.
In .ddition to all "Chis gi\'en to Dank by this Note. Oank
shan h.... all the fiChu and rentedi" of a HaIred party
undi!r any applicable law, including without limitation. the
UnIform CcmlMl'ClaI Code.
II 1\I;.<<lIa._ ........left.. 'al Undenipl"d ..ivd proto:t
of aU com_relit rap<< at any lime held by Bank on ..hl<t
Und.rslcned is In any way liab!.. notICe of nonpaymen'..:,,,,,,
mat urtt y at any and all at:nlttftts. and lel~ w~ ..qr...
hereby. notice'" KUon taken hy R.nk; and ~,_bY rsl:ll....
.",1 fOflhrm. ....I.'...r runk may .10 nallk "'all ~ ~~...
fn .',".'to'tf' on\' fl,-ht n.,t ,.nth"'ju'\tilnJ: 8"" r-niV ,.ff<
. '
. ' ,
. ' .
flilure to exercise or delay in exercising any such right.
lbl Bank shall retain the lien of any judgment entered on
account of the indebtedness evidenced hereby, as well as any
security interest previously granted to secure repayment
of the indebtedness evidenced Ilereby, and Undersigned
warrants that Undersigned has no defense whatsoever to
any action or proceeding that may be brought to enforce or
realize on such judgment or security interest. Cel If any
provision hereof shall for any reason be held invalid or
unenforceable. no other provision shall be affected thereby,
and this Note shall be construed as if the invalid or unenforce-
able provision had never been a part of it. The descriptive
headings of this Note are for convenience only and shall
not in any way affect the meaning or construction of any
provision hereof. ldl The rights and privileges of Bank
contained in this Note shall inure to the benefit of its suc.
cessors and assigns. and the duties of Undersigned shall
bind all heirs. personal representatives. successors and
assigns. lei This Note shall in all respects be governed by
the laws of the state in which this Note is payable (except to
the extent that federal law governs I, and all references to
the Uniform Commercial Code shall be deemed to refer to
the Uniform Commerical Code as enacted in such state.
10 Undersigned hereby irrevocably appoints Bank and each
holder hereof as Undersigned's attorney.in.fact to: m endorse
Undersigned's name to any draft or check which may be
payable to Undersigned in order to collect the proceeds of
any insurance or any returned or unearned premiums in
respect of any policies of insurance required to be maintained
hereunder: and 121 take any action Bank deems necessary
to perfect or maintain perfection of any security interest
granted to Bank herein. including executing any document
on Undersigned's behalf. fgl Undersigned shall bear the risk
of loss of, damage to. or destruction of the Collateral. and
Undersigned hereby releases Bank from all claims for loss or
damage to the Collateral caused by any act or omission on
the part of Bank. except for willful misconduct. fhl Copies or
reproductions of this document or of any financing state-
ment may be filed as a financing statement.
9. Definitions. As used herein; (al "account," "chattel paper,"
"contract right," udocument," "instrument:' and flinven~ry"
have the slIDe respective meanings given to those terms 10
the Uniform Commercial Code; (bl "general intangibles" has
the meaning given to that term in the Uniform Commercial
Code. including without limitation, customer lists. bookl
and records /including without limitation, all correspondence.
files. tapes, canis, book entries. computer runs, computer
programs and other papers and documenls, whether in the
possession or control of Undersigned or any computer
service bureaul. rights in franchises and sales contracts,
patents. copyrighls, trademarks. logos. goodwill. trade
names. label designs, royalties. brand names. plsns, blue-
prints. inventions. patterns. trade secrels, licenses, jigs,
dies. molds. and formulas; lei "Chief Executive Office"
means the place from which the main part of the business
operations of an entity is managed; and (dl"Undersigned"
refers individually and collectively to all makers of this Note.
including. in the case of any partnership. all general partners
of such partnership individually and collectively, whether or
not such partners sign below. Undersigned shall each be
jointly and severally bound by the terms hereof. and. with
respect to any partnership executing this Note. each general
partner shall be bound hereby both in such general partners
individual and partnership capacities.
10. Confession of Judgment. Undersigned bereby empowers
the prothonotary or .ny ettomey of .ny court of record to
.ppe.r for Undersigned .nd to confesa judgment u orten
as nec:esaary .gainst Undersigned in favor of the holder
hereof. as of .ny term. for the above aum plus interest due
under the terma hereof. tOlether with costa of legal pro-
ceedings .nd an .ttomey's commission equ.1 to the lesser
of Ia) 20'. of the .bove sum .nd Intel't!llt then due hereunder
or S5OO.oo. whichever ia gre.ter. or (bl the maximum amount
permitted by la.... with releue of al1 errors. Undersigned
....ives .l1la... exemptIng re.1 or personal property from
execution, SEE ENVIRONMENTAL RIDER ATTACHED
HERETO AND HAIlE A PARr HEREOF.
RIDER TO NOTE AND SECURITY AGREEMENT
This Rider. dated
psrt of the Note and
fo ~ ,jq . 19.!/2...., is attached
Security Agreement dated . .. (), -~q
to and~e a
. 19.JQ....
Interest shall be calculated at a rate of 9.0% per annum, through 7~/lj ~~~.
Thereafter, the interest rate for the remaining term shall change to the rate which
Undersigned and the Blnk havs negotiated on or before ..~ g.,-JNY) . The
Bsnk shall not be obligsted to agree with Undersigned on a negotiated intereet rate.
If Undersigned and the Bank hsve not agreed on an interest rate for the remaining
term by '5 -1- ~f'ro . the interest rate after ~- L" ~,::J{)()"" shall
change to one percent (1.0%) above the Bank's Prims Rats, euch rate to chanle from
time to time as of the effective date of each announced change in euch Prime Rate.
("Prime Rate" ehall mesn the interest rste per annum announced fro. time to time
by Bank as its Prime Rate. The Prime Rate is not necesearily the most favorabls
interest rste offered to borrowers by the Bank~) Interest shall be cslculated based
on a 360 day year and actual daYI elspsed.
Principal snd interest Ihall be paid in consecutive monthly installments of $3.020.15
each. cC1IIIDencing on ~ ~/5 - q!'L and thereafter on the '/!5 day of each
month through ~-I.~ -~,,~ The Bank will calculate a monthly payment for
the remaining term of the loan which is sufficient in the Bank's Judle.ent to
amortize the loan through ~J!).r9DIJ~ baaed on tha remsininl balsnces of
principal, interest snd other charges and the interest rata in effect after
" - J!J . ':;005 . This recalculatad monthly installaent will become
affective for the Q I iuatallllent and BUccessiva aonthly
inatallaents. If tha interest rate in effect after ?15 -~O 18 a
fluctuatinl rate. tha Bank ..y. at ita option. perform a1a1lar recalculationa from
time to time which will become effective for ell remsininl inatal1aenta. If not
eooner paid. the entire belance of princi~a1, interest and other charaea will be
due and payable in full on 7- (5 - ~DQ~ .
~~. .
..t.. i(JVLI
(~-~fi ,1?- ~
BEIlEDICT B. IARDOLPB
w~ f1uo .
X 1'/1 .;t .1
'ioil~~ anh'1()1" pc~
TDRT L. LPB
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Mooredale Road ;',
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07/16/07
~ou~
....717 8."6 2635 MEI.I.ON RECOVERY
13:51.... ~.., .n'.u.illl ,",""'\Ie;, IUIULllUU_
, 'FIXED DOLlAR 0WlC!
nns ADI :NDIAI dllld fo-cGQ 19~to thl
NOTE A'D SECURITY AGRFF.MFNT dated fA -n1lf
(the "Ne LI") Iroe BENEDICT B. IWIDOLPH AND TERRY L. RANDOLPH
("Undeu !lIIed") to lIellon BUlk. N.A. ("Bank"):
WHEREAS. Underllaned and Bank dellrl to Incorporatl the follolinl provlllon.
hllo the Notl.
. I'zr
NOI. TH!I~OR!. Under.llfted, Intendlol to be lelllly bound hlr.bJ. cov.nant.
and elU'l1 that thl follollnl .hall b. .cId.d to the Hot. and .Ida . pin
th.reof.
I. If "'Y plr-.ot (Iocludlol without 1I.ltatloo any npllrly .ch.dul..
Plflllot, blllooo p.yacot and flnll p.,..ot) II not paid within U- dl"
aile,' it II dul, Underalllled will PI' I lit. chari' of . 25.00 (r',lrdleu
of 'I~ther part of the payaent due h.d belo .ad.. lAd rellrdle.. of
....111., Ih. payalol due con.lata of principal lAd Intlrnt, principal 0&11,
Dr IlIurlu onl,). (Such late charc. .hall b. 10 .dell lion to a01 Incr....
aldl 10 Ih. inlerelt rale(.) appllcabl. to the outlt&adlnl balaoc. h.r.o'
al . relult 0' aalurlly of thl. Hole or other.II', al .111 al In addition
10 a, other Ippllcabl. fee., charell .nd COil',) AI.o, Bank r.lerv.. the
rlthl to ao4lf,. 10 Ila 101. dllcretlon and upoa lhlrly (30) daya prior
.r Ilea nOlle. 10 UDderalcncd, the lale charel ..1 forlh h.rolo.
2. EaCI I II .uted 10 Ihla UtE PA'nIEJlI' OWICE AJl\lEH\lUI, lh. Uraa,
COVI aftll, condltlonl &ad provillonl of tha NOlI .111 reaalo 10 full fore.
lad 'freet. .
Iltoeaa ,h. due eK,cullon h.r.or.
Iltr?! t
. ~ '<I- I.li.o.']( i
ladivldual:
..,t'Z L~.A V~
Acldr.a. BENEDICT B. RANDOLPH
RITNER IWlOR , 8 HOOREllALE ROAD
CARLISLE, PI. 17013
~
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I.. W"1' .1
Illdhidual:
.JtA~ J(l......d ~.-.I ,
Acldr... t L: uwoouA . ~
RITNU R , a HOOUD.U.& lOAD
CARLISL~. PA 17013
Corporation or olh.r Entily
AUtI"li latlll
arl
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(Corllr&" SuI)
...In.l. Addre..
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'AE'AYHEHT ADDEHDUH
THIS ADEHDUH dattd~. to tht NOTE AND SECURITY AGREEKENT
o~ eVtn d.t. htrewlth, Cthe 'Not.', fro. BENEDICT B. KAHUULrn AnU
TERRY L. RA.:DOLPII C'lorrover" to ~Iellon Bank, N.l. ("Bank").
WHEREAI; tll. 10rrovtr and tilt lank duire to incorporate the followln,
provi.lon. l~tO tilt Not..
NOW, Tt. alEron. tb. lorrovtr. intendin, to b. le,.lly bound htrebp.
coven.nt. .1 I ',rtt. that the followin, .hlll be .ddtd to tht NOte .nd ..d. a
part thereof,
1. Thl' lorrovtr .hall have tht ri,ht. It itt option. to prepay the Nott
in whole .t ,ny tiat or in p.rt froa tiae to tia..
lei 'rtpay..nt of the Nott lnall be ',plitd to tht unpaid
inltlllaente of principal in the revtr.t order of their .cntdultd .aturiti...
Ib' Tht lorrovtr .hall ,iVt to the Ie ok writt.n notict IVbicb shall
bt irrevocab.tl of e,cb pr.peyaent nOt 1.t.r than 10100 o'cloCk ..... Ellt.r.
Ti... 00 tb. ~u.inel' day i.-ediattly prtctdint tbt date of prtpay..nt,
'Ptclfyin, t1.. a"rt,.u UOunt of prillCipal to b. repaid .nd tht prtpaYlNot
d.t..
J. NOILct of prepa'lltnt ilavio, bten ,ivto to the lank as efore.lid. tbt
PUlICipal &ac'lnt .pecHIN In luCII noUce. togetber VUlI accruta and unpaid
Inttrut 011 tile aaount of tull IUCb prepaY_lit to tbe d.u of prepaYlllnt,
.IIUl bee.. 'hll and par.blt on ncb prtpa)'lltnt dnt.
J. In Ibt .v.nt tllat .ny portion of prlncip'l of tll. Nott I' pr",ad
for anr r.IIO', vllaUotver. vbetlltr by dtchr.tion. acethrnlon or OUtrvtst,
tilt lorrover .hall iar to tilt .Int. lllUltlneouelr vitb lucb prtpar..nt. I
prtpeYlNnt pr,aIU. c.lculattd al a p.,cene',t of the i'tpelG aaoune On .
declining IC.lt al fOlio...:
(al TKlII p.rCtnt of tOt p'epald 'fOUnt If i,ep./aenc ~ce~,. vatlla.
the firlt yta, of tbt loan t.rD,
(bl TWO ptrc.nt of tnt pr.paad 'fOunc If ir'pa,Dtnc ~ccur. vlcllin
tbt 'tCOIl4 Yt" of tbt loa. ter.,
(cl 0111 percell' of lit, ,repUd ".UM if prepa,,,"c OCCUII "Hilla
tbe eltlrd r.a. at tb, loell ctr.,
. .. ~,
.--....
1'.1'1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
Plaintiff
nL[D.{\;r;CE
C.~ 1"'~ ,.. ~-, "., ,'''''''!1''
'i '-" i :.. ....: vu4;. (
MELLON BANK, N.A.,
Va.
97J'" "I "II~'ln
. L\~ .). Pi! U. ! w
BENEDICT B. RANDOLPH and TERRY L.
RANDOLPH,
Defendants
No. Cf'l- 'IIS'S"a.1..;1...:rI~
Ci.;;'.:-
J"~;\:\';
'.: "....,f
....\.-v\i:.
....
),'\
^ction In Confession of
Judgment
6-
f'J, tttid
" ,.&t;fc~)
1/. j-c.'
9. -
COMPLAINT IN CONFESSION OF J
FOR MONETARY AMOUNT
-y)~
I u.: "et
, .
7 /31/ f?
,..&. 1'.
Jack P. team, Esquire
PA Suprema Court Attorner
1.0. 110241
RHOADS & SINO~ LLP
YORK OFFICE
ATTOIt"1."I'S AT l.AW
118 !PIT "'''''''" STJIU'f
YOl'lK. POlNSY\.\/ANlA 17<101-I2'l'8
c..k.:;:! '1 S" g I
M =F .st.f.q/O
8. The "Note and Security Agreement" for $300,00000 (Exhibit "A") has
not been assigned and/or endorse.
9. Defendants have default under the terms of the "Note and Security
Agreement" for $300.000.00 (Exhibit "A") in that the Defendants have failed to make
monthly payments of principal and interest of$3.020 15 for months of May, June and July
of 1997 and $1,49256 for month of April. 1997. for a total delinquency of$IO,556.71.
10. As a result of the default of the Defendants as a alleged in Averment 9 of
this Complaint, all sums due by Defendants to PlaintilTunder the "Note and Security
Agreement" for $300.000 00 (Exhibit "A") are due and payable in full
I L As a result of the facts alleged in AvermenlS \I and 10 of the Complaint, the
Defendants are obligated to the PlaintilTfor the following sums under the "Note and
Security Agreement" for $300,00000 (Exhibit"A")
A Principal $ 255.85555
B. Interest to July 3 I. 1997 $ 7.400 77
C. Late Charges $ -0-
D. Legal Fees ( 2~.) $ 51.171.11
E. Total $ 314.42143
12. The allorneys fees set fonh in Avermenl I I of the Complaint are as
provided for in under the "Note and Security Agreement"' tor $300.000.00 (Exhibit "A").
13. The PlaintilThu requested and made demand upon the Defendants for
payment of the sums due and owing by the Defendants to the Plaintitr under the "Note
and Security Agreement" for $300.000 00 (Exhibit"A") butlhe Defendants have refused
to pay the sums due PlaintilT under the "Note and Security Agreement" for $300.000.00
(Exhibit" A")
WHEREFORE, the Plaintiff demands Judgment by Confession in favor oflhe
Plaintiff, Mellon Bank. N A . and against the Defendants. Benedict B Randolph and Terry
L, Randolph, pursuant to the Warranty of Allorney contained in under the "Note and
Security Agreement" for $300.000 00 (Exhibit"A"') tor the following amounts
A Principal $ 255,855 SS
B Interest to July 31. 1997 $ 7.400 77
C Late Char~s $ -0-
D L~al Fees ( ~O".) L~1.I7111
E Total $ 31-4.42743
2
S 300.000.00
Co-~q
,19li
For value received, and intending to be leglllly bound, Under.
signed. as defined below. promises to pay Mellon Bank
N.A.
('"Bank'") or its order at HARRISBURG. PENNSYLVANIA
the sum of TIlRI'I' HUNDRrn TIIml~ANIl ANn 001100
--------------------------Dollars
rs 300 , 000.00------------------ I. or such
lesser or greater principal amount as may be outstanding
from time to time under a discretionary line of credit
established by Bank for the benefit of Undersigned. with
interest on the outstsnding balance from the date of this
Note and Security Agreement C'"Note") at the ratelsl ("'Con-
tract ural Ratelsn specified herein.
SEE RIDER ATTACHED HERETO AND HADE A PART
HEREOF.
SEE LATE PAYMENT CHARGE ADDENDUM ATTACHED
HERETO AND HADE A PART HEREOF.
After maturity. whethw by _Ienllon or oth<<wUe.
int.erelt ahall KCnIe at a nre 2 percent per lIIUIum abcMt the
C<lfttrutual Rat.elal apacifiMt Ulttil aU sums due henunder
en paid. Interat shall toIItlllue to KmIe after tit. antry e(
judll'Mnt by confnsion 01' othffwi!8 at the Contl'Ktual
R.oU'lsl untIl all sums due ~nder alld... under the ludg-
mt"nt Jf1"'I'J.llt unlt'1O" Ih~ (\)ntr;lrtual Hat.......' I" 1.1",t ttltrf1'ft
17707
8.2.
by subsequent mlturity. 111il il the Note or one of the
Notes referred to in that Loan Agreement dated
. fo~9 .19 fJlJ ,between
Undersigned and Bank. as the same may be supplemented
from time to time.
So long as Bank is the holder hereof, Bank's books snd
records ahall be prelumed. except in the case of manifest
error. to accunte1y evidence st 1111 times all smounts out.
Itsnding under this Nots and the date and amount of each
advance and psyment made pursuant hereto.
The prompt and faithful performance of all of Undersigned's
obligations hereunder. including without Iimitstion time of
payment, is of the essence of this Note.
Certain terms used in this Note are defined in S"c;tion 9
below.
1. Security laterest. Undersigned hereby grants to Bank a
security interest in the following propert) now owned or
hereafter acquired by Undersigned:
C _Ial aU equipment. wher'ever located. including
machinery, motor vehicles. furniture and fatum:
C _Ibl aU inventory (whether held for sale or lease or to be
furnished under contnlctl of service'. nw materials. work in
process. and materials used or consumed in the conduct of
Undersigned'l business. and all books. records. invoices and
other documents which describe or evidence the same:
C _lei all farm products;
C _Idl all accounts. contract rights. general intangibles.
choses in action. instruments. chattel paper. documents
Uacluding all documents of title and warehouse receipts I
and aU rights to the payment of money. however evidenced
or arising:
o _lei the securities described below. together with all
cub. stock or other dividends or diatributions psid upon or
made in raspKt e( such aecuritlea in any form; all HCUrities
raceiwel I.. eddillon to or in achUlp for IUch MCUritin:
UId aU aubscriptlon rights iDcldant to such securitiel: and
. . .
.
44.~
llIXl..1J(eIO Other;
THIS NOTE AND SECURITY AGREEMENT IS oD
SECURED BY A MORTGAGE DATED \O'~-
FROM BENEDICT B.
RANDOLPH AND TERRY L. RANDOLPH AS
MORTGAGORS TO HELLON BANK, N.A. AS
MORTGAGEE ON CERTAIN PREMISES LOCATED
IN CUMBERLAND COUNTY, PENNSYLVANIA.
AS MORE FULLY SET FORTH THEREIN.
19l1n addition to the foregoing. Undersigned 111 grants to
Bank a security interest in all accessions, parts. accessories.
sttachments and appurtenances in any way used with.
attached or related to. or installed in. any equipment or
inventory constituting "Collateral" hereunder: (21 grants to
Bank a security interest in all substitutions for. renewals
of. impro,'ements. replacements and additions to. and the
products and proceeds Icash and non.cashl of all property
constituting "Collateral"' hereunder and any insurance
policies relating thereto: 131 grants to Bank a security
interest in. lien upon. and right of setoff against. all deposit
accounts. credits. secumies. moneys or other property of
Undersigned which may at any time be in the possession of.
deli\'ered to. or owed by Bank. including any proceeds or
returned or unearned premiums of insurance. and the
proceeds Icash and non.cashl of all the foregoing property;
and I~I assigns to Rank all moneys which may become payable
on any policy of insurance reqUired to be maintained under
this -':Ote. including any returned or unearned premiums.
All such property subject to Bank', security interests
deScribed in Ihis Section 1 is referred 10 herein collfftively
as t he "Collateral:' With respect to Sl'Ction ~ hereunder. the
term "Collateral" shall not include the property deSCrIbed in
SubsHlIons IgI IJI and 'gll~1 of Ihis SectIOn I.
All securit\. interests in Collateral shall be deemed to arise
and he periected under and governed hy the Uniform
CommercIal Code, except to the extent that such law does
not apply to certain types of transactions or Collateral. in
which case applicable law shalll.oo\'ern.
2. Obligations S<<ured. The Colbteral shall secure the
following obligatlons r'Obligations "I of Und"r5lgned to
Bank: tal all amounU at any till''' owing or pay'able under
this ""ote: 1M alll'osu and expenses incurrt>d by Rank in the
collection or enforcement of this Note or the protl'Cl1on of
th.. ColI.uera!. Icl all future ad,'ances made by lI..nk for
talt.. I.".... In,uranc... and It'p;Ilrs to Ill' maIntenance of th..
Collateral. and Idl am' l>lher Indt'btedn..u, hablltt\' or
obligation of Undersigned to Rank. past, p.........t.'" lutu.....
d,re..t or Inlllrec!. ab.olute or l'Onllngt'nt, Indindual. JOint '"
""nl. now due or III h"<'I'llnll du.., "h..thllr as Ilra....r, mak..r.
endltt:5tt'l", h?Uarantor, tiurt"t\' n, other."f\. t'Jt'r-pt th.u n(i.n~ HI
th~ ,,",'UtiI\' In{~U. ......'...I..ff\"tn .hall'ffUrt" an,. ,.hh..'OI
tlon tnrurrtd h\" tlnd,'r~lt;tnt'1l \\nu:h I!l. ,1,'fint'1;I.1" ......'\f\"'iUmt'T
""'1tit !'\" f\,tit:rJl It.,,,,,,,,,. Blur,! n~'~9il,ltl,\n '/ 1:(~.'U
~ 'I,! l \ "! d',!.... ",.' . \, 1,.t'I, .f h ";-, '!, _!\!' _'j. ..!
3. IUpreleotatJooa. Undersigned hereby makes the followio~
representations and warranties which shall be true and
correct on the date of this Note and shall continus to be truE
and correct at the time of the creation of any Obligation
secured hereby and until the Obligations secured hereby shal
have been paid in full: lei Undersigned's residence and/or
Chiel Executive Office. as the case may be. is as stated belo..
or as otherwise stated in a subsequent written notice
delivered to bank pursuant to the terms hereof; Ibl Under.
signed has good and marketable title to the Collateral
subject to no s..cunty interest. lien or encumbrance. except
as indicated to the contrary to Bsnk in writing prior to the
execution of this Note: and lei il any of the Undersigned is
an individual, each such individual is at least 18 years of agE
and under no legal disability or incapacity.
4. Covenants. Undersigned covenants and agrees that unlll
the Obligations secured hereunder have been paid in full.
Undersigned shall: lal use the proceeds of the loan evidencec
hereby only for the purpose specilied to the Bank at or prior
to the ex..cution hereof: lbl not permit use of the Collateral
lor any illegal purposes; lei promptly notily Bank in writin g
of any change in its or their residence or Chief Executi\'e
Offic..: Idl not permit removal of any of the Collaterallrom
county to county or state to state unless Bank has given
written consent in advance: lei maintain at all times good
and marketable title to all Collateral free and c1rar of any
security intllrest. lien or encumbrance lexcept as to which
Bank may grant its prior written consent pursuant to
section ~ UI below I. and defend such title against the claim'
and demands of all persons; 10 not tII affix the Collateral or
permit the Collateral to be affixed to real estate or to any
other goods. 1211easc. mortgage. pledge or encumber the
Collateral. 131 p..rmit thll Collateral s identity to be lost.
141 permit the Collateral to be levied upon or attached under
any legal process. 151 permit or cause any security interest
or lien to arise with respect to the Collaterallother than
those created in this Notet. or 161 except Collateral custom.
arily sold by Undersigned in the ordinary COUr5e of busine"
and so sold in such msnner for full value. sell. consign. part
with possession of. or otherwise dispose of the Collateral
or any rights the....in. except as Bank may grant its prior
specific written consent with respect to acts or events
specified in subsections III. 121. 15t or 161 hereof; 19) maintain
the Collateral in good condition and repair. excepting only
rusonable wur and tear: tlay and dischsrge aU taxes and
other levies on the Collateral. as _II as the costs of repair
and maintenance thereof; and furnish to Bank upon requ..t
documentary proof of payment of such tues. levies and
co.ts: Ihl provide additional collateral at such times and
heving such value as Hank may request. if Bank .hall h.,e
reesonabl. grounds lor believin, that the value of the
Collateral bes berome insufficient to secure all Obligations
....tt111nced or secured by this Note; Ii) purchase and maintam
policies of insur8f1<<' lincluding 0000 insuranClltto protect
th.. C"lIateral"r nthllr property lIpinst such risks and
casualt...'!. and in such amounts. as shall be rrquired by Bank
.n.iI:>r applifable law. which polk In shalllll be in form and
sul15tanct' sati5factl1ry to Rank. 121 de.ignate Rank as loss
p""'''' and. ..tlbnll's optIon. as ad.l1tional insured. and 131
'n' h'rt' ft"toflf ilt I'" t'\htr"fln~ ~am.. ",hdU t~) dtr-o~ltf'{t \\lth
It . i' ~ ! t~ fltl ,\ \;", ':P"I\ t. """, f t '" 'n1 ' 11 . t' I ....,. "
'. " , . . . .".... .
, . .
balance sheets and income Itatementl). all in form and
content setiafact.ory t.o Bank; lid execute, upon demand by
Bank, any financing stltementl or other documents which
Bsnk msy deem necessary t.o perfect or maintain perlection
01 the security jnterest(sl created in this Note and pay all
costs and lees pertaining t.o the riling 01 any rinancing.
continustion or termination statements with regard to such
security interests: m procure. and cause a Itatement 01
Bank's security interest to be noted on. any certificate of
tille issued or required by law t.o be issued with respect t.o
any motor vehicle constituting part 01 the Collateral. and
cause any such certiCicate t.o be delivered t.o Bank within 10
days Irom the later 01 the date 01 this Note or the date 01
the issuance 01 such certiCicate; lml pay, upon demand. all
amounts incurred by Bank in connection with any action or
proceeding taken or commenced by Bank t.o enlorce or collect
lhis NOle or protect. insure or realize upon the Collateral.
including attorney's lees equal to the lesser 01 lal20% 01
lhe above sum and interest then due hereunder. or 5500.00.
whichever is grealer, or (bl the maximum amount permitted
by law. and attorney's costs and all costs 01 legal proceedings:
and Inl immediately notify Bank if any 01 Undersigned's
accounts arise out 01 contracts with the United States or
any department. agency or instrumentality thereor. and
execute any instruments and take any steps required by
Bank in order that all moneys due and to become due under
any such contracts shall be assigned to Bank and notice
thereof given 10 the lInited States under the Federsl
.\ssignment of Claims Act.
5. Events 01 Ddault. The occurrence of any of the following
shall constitute an "Event 01 Delault'" hereunder: lei default
in payment or performance of any of the Obligations
evidenced or secured by this Note or any other evidence of
liability of Undersigned to Bank; (bl the breach by any
Obligor Idefined as Undersigned and each surety or guarantor
of any 01 Undersigned's liabilities to Bank, as well as any
person c .ntity granting Bank a security interest in prop-
erly to secure the Obligations evidenced hereby) of any
covenant contained in the Loan Agret'ment (if anyl. this
NOle, or in any separate security. guarantee or suretyship
agnoement bet ween Bank and any Obligor. the occurrence of
any default hereunder or under the terms of any such agret'-
ment. or the discovery by Bank of any false or misleading
representation made by any Obligor herein or in any such
agnoement or in any other information submilled to Dank
by any' Obligor: lei with respect to any Obligor: (11 death or
InCapaClly of any mdividual or general partner; or t21 disso-
lutIOn of any partnership or cnrporation; ldl any assignment
for the benefit of creditors by any Obligor; tel insoh-ency 01
any Obligor; 10 the fihng or commencement of any petition.
aellon. case or pnxHdmg, voluntary or involuntary, under
anv stale or lederalls,. regaming bankruptcy, in.olvency.
",orgoOlution, rece"'t'rship or di.solution, including the
llanknJl'tc)' Helorm Act of 1978. as amended. by or ar.inst
an, (lbligor; tal default under th. tums of any lu.e of or
mMIga".., on Ihe pTl'ml'es wh..... any' Collateral it located;
lhl garrashment. atlachment nr takinl by govli'tnmenlal
aUlh""tv uf Aft\' C,>lla~ral nr othfr proP<'rty of Ihe Unrlfr.
".:n~d ..'hlch I; In !lank's possesSIon; \il. determln.tion hy
n.ni. ..hKh dflermlOatl'ln shall ... ronelu.i,'t' if m.de In
""",I hllh, Ihal . n'sl~rl.l ad,,,,,. chan~ has "ccur"..lln
I!, !, ,L. -1' ',",.''''''rl\rlo-4;il''t'l\f1'ndf't'''~'f';''. PftlHlw
maturity of any life insurance policy held as collsteral under
this Note by reason of the death of the insured or otherwise.
6. Acceleration: Remedies. Upon either lil the occurrence
of any Event 01 Default. or Iii) if this Note is psyable on
demand. such demand by Bank: lal all amounts due under
this Note, including the unpaid balance of principal and
interest hereof. shall become immediately due and payable
at the option of Bank. without any demand or notice what.
soever: tblllndersigned shall. upon demand by Bank.
assemble the Collateral and promptly make it available to
Bank at any plsce designated by Bank which is reasonably
convenient to both psrties: tel Bank msy immediately and
without demand exercise any c;f its rights and remedies
gr3nted herein, under spplicable law. or which it may other-
wise have. against the Undersigned. the Collateral, or
otherwise: and Idl Bank may. without notice or process of
any.:;ort, peaceably enter any premises where any vehicle
constituting a p.rt of the Collateral is located and take pos-
session. retain and dispose of such vehicle and all property
located in or upon it. Bank shall have no obligation to return
any property not constituting Collateral found in any such
vehicle unless Bank actu.lly receives Undersigned's written
request therefor specifically describing such property within
72 hours after repossession thereof.
7, Benk's Rights. Undersigned hereby authorizes Bank. and
Bank shall have the continuing right. at its sole option and
discretion. to: eel do anything which Undersigned is required
but fails to do hereunder. and in particular Bank may. if
Undersigned fails to do so. (\) insure or take any reasonable
steps to protect the Collateral. 121 pay all taxes. levies.
expenses and costs arising with respect to the Collateral. or
131 pay any premiums payable on any policy of insurance
required to be obtained or maintained hereunder. and add
any amounts paid under this Section 71alto the principal
amount of the indebtedness secured by !his Note; lbl direct
any insurer t.o make payment of any insurance proceeds.
including any returned or unearned premiums. directly to
Bank. and apply such moneys to any Obligations or other
amount. evidenced or secured hereby in such orner or lashion
as Bank msy elect lcl inspect the Collateral at any reason-
able time; tdl pay any amounts Bank elects to payor advance
hereunder on account of insurance. taxes or other costs. fees
or charges arising in connection with the Coll.teral. either
directly to the p.yee of such cost. lee or charge. directly 10
Undersigned. or to such payeetsl and Undersigned jointly;
and lei pay the proceeds 01 the lo.n evidenced by this Note
to any or all of the Undersigned individually or jointly, or to
such other penons as any of the Undersigned may direct.
In addilion to .11 rights given to Bank by this NOle, Bank
shall ha\'\! sll the rights .nd ",medi.. of a secured p.rty
under any applic.b~ I.w. including without limil.tion. the
Uniform Commercial Code.
S. Mis<<lIa_... Proviele.... f.1 Und.rsigned w.ives p",le~1
of sl1 commercial p.per at any time held by Bank on whlcl
Undersigned IS In .ny WeY li.ble, notice of nonp.,,,,ent · .I,..J
maturity of any and ..11 a(('cunts. .nd tunpt wh'" ~~~
hereby I notice of .ction taken by Bank; and he",bv rat: ~I,..J
.nd confirm. what...,.,r B.nk may do n.nk shall ~:..:..
In f"1:'rrj~t* an\' rtftht nt,hnth,tan,tlnJ: an\, ptim t.r
failure to exercise or delay in exercising any such right.
(bl Bank shall retain the lien of any judgment entered on
account of the indebtedness evidenced hereby, as well as any
security interest previously granted to secure repayment
of the indebtedness evidenced hereby, and Undersigned
wsrranU that Undersigned has no defense whatsoever to
Iny action or proceeding that msy be brought to enforce or
realize on such judgment or security interest. lcllf any
provision hereof shall for any reason be held invalid or
unenforceable. no other provision shall be affected thereby,
ami this Note shall be construed as if the invalid or unenforce-
able provision had never been a psrt of it. The descriptive
headings of this Note are for convenience only and shall
not in any way affect the meaning or construction of any
provision hereof. ldl The rights and privileges of Bsnk
contained in this Note shall inure to the benefit of its suc-
cessors and assigns. and the duties of Undersigned shall
bind all heirs. personal representatives. successors and
assigns. lcl This Note shall in all respects be governed by
the laws of the state in which this Note is payable (except to
the extent that federal law governs I. and all references to
the Uniform Commercial Code shall be deemed to refer to
the Uniform Commerical Code as enacted in such state.
10 Undersigned hereby irrevocably appoints Bank and each
holder hereof as Undersigned's attorney.in.fact to: 11l endorse
Undersigned's name to any draft or check which may be
payable to Undersigned in onier to collect the proceeds of
any insurance or any returned or unearned premiums in
respect of any policies of insurance required to be maintained
hereunder: and 121 take any action Bank deems necessary
to perfect or maintain perfection of any security interest
granted 10 Bank herein. including executing any document
on Undersigned's behalf. (II Undcrsigned shall bear the risk
of loss of. damage to. or destruction of the Collateral. and
Undersigned hereby releases Bank from all claims for loss or
damage 10 the Collateral caused by any act or omission on
the part of Bank. excepl for willful misconduct. Cbl Copies or
reproductions of this document or of any financing state-
ment may be filed as a financing statement.
?Ifz." ~
. '.'1
{~i,/iJ'll-
~'
i tl....
.... ,
(!jAJ.a~'
Atu.L Wtt",,"
........".,.l.~
.\ ., .'
9. Definltlona. As used herein: (el "account:' "chattel paper,"
"contract right:' "document." "Instrument," and "invenl.?ry"
have the same respective meanings given to those terms an
Lhe Uniform Commercial Code; (bl "general intangibles" hss
the meaning given to that term in the Uniform Commercial
Code. including without limitation, customer lists. bookl
and reconis (including without limitation. all correspondence.
files. tapes. canis. book entries. computer runs. computer
programs and other papers and documents. whether in the
possession or control of Undersigned or any computer
service bureau I. rights in franchises and sales contracts,
patents. copyrights. trademarks. logos. goodwill. trade
nsmes, Isbel designs. royalties. brand names. plans, blue-
prints. inventions. patterns. trade secrets. licenses, jigs.
dies. molds. and formulas: (cI"Chief Executive Office"
means the place from which the main part of the business
operations of an entity is managed: and (d) "Undersigned"
refe~ individually and collectively to all makers of this Note.
including. in the case of any partnership, all general partners
of such partnership individually and collectively. whether or
not such partners sign below. Undersigned shall each be
jointly and severally bound by the terms hereof. and. with
respect to any partnership executing this Note. each general
partner shall be bound hereby both in such general partners
individual and partnership capacities.
10. Confetiliion of Judgment. Undersign cd hereby empowers
tbe prothonotary or any attorney of any court of reconi to
eppear for Undersigned and to ""nfetili judlment as often
.. necessary alainst Undersilned in favor of the holder
bereof. .. of any term. for tbe above sum plua intcrest due
under the terms bereof, tOlcthcr with costa oflcgal pro-
ceedinle snd an attorncy's commission equal to the lesser
of (al 20'1'. of the above sum and interest then due hcreunder
or S5OO.00. whichever is lreater. or Cbl the maximum amount
permitted by Ie.... with release of all errors. Undersigned
waives alllawe esemptlnl real or personal property from
encution. SEE ENVIRONMENTAL RIDER ATTACHED
HERETO AND MADE A PART HEREOF.
I"'~ L/~
~~6r5r ~
RITNER MANOR' 8 MOOREDALE RD., CARLISLE, PA
1..._01.
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RITNER MANOR' 8 MOOREDALE RD., CARLISLE. PA
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RIDER TO NOTE AND SECURITY AGREEMENT
This Rider, dated
part of the Note and
fa - ..:Jq
Security Agreement
,19~,
dated
is attached
fJ,-..:J9
to Ind~e a
19.J'"Q.-. .
Interest ahall be calculated at a rate of 9.0% per ennum, through ry-/~ -r1l>CXl-.
Thereafter. the interest rate for the remaining term shall chsnge to the rate which
Undersigned and the Bsnk have negotisted on or befors ...ll./-;JN'() . The
Bank shsll not be obligated to agree with Undersigned on a negotiated interest rate.
If Undersigned and the Bank hsve not sgreed on an interest rate for the remaining
term by '6-I-~t'ro, the intersst rata after .' "i-16 -~()(")t'J shall
chsnge to one percent (1.0%) above the Bank's Prime Rate, such rate to change from
time to time as of the effective date of each announced change in such Prims Rate.
("Prime Rate" shall mean the inte.relt rate per annum announced from time to tims
by Bank as its Prime Rata. The Prime Rate is not nscessarily the most favorsble
interest rste offerad to borrowers by the Bank~) Interest shall be cslculsted blled
on a 360 day year snd actual days elapsed.
Principal and intereat shall be paid in consecutive monthly installments of $3,020.15
each, commencing on ~ - 15 - qfj and therssfter on the/5 day of each
month through '1- f.'j - ~noo The Sank will calculate a monthly payment for
the remaining term of the loan which is sufficient in the Bank's judgement to
SIDortize the loan through '1-15-rlDD5 based on the remaining balances of
principal, interest and other charges and the interest rate in effect after
,., - J!J -,:)005 . This recalculated monthly installment will become
effective for the f1 I installment and successive monthly
installments. If the intersst rate in effect after '1-/5 -~o is a
fluctuating rate, the Bank may, at its option, perform similar recalculatione from
time to time which will become effective for all remaining inatallments. If not
sooner paid. the entire balance of princ~l, interest and other charles will be
due and payable in full on 7-15 - Dl)s:::} .
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BENEDICT B. IWCDOLPH
~I~ aOfY'j()/"ta""-
TERRY L. LPR
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....717 K'.'U 2U35 NEI.I.n~ IU:CIlI'EIl
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, 'FlXm DOLlAR OIARC!
11I1S ADI :lIDUIil dated rr~q 19~to th.
NOTE A D SECURITY AGRrF.MrNT dUtd (A -<>111 , I~
(th, "Ne L''') hoe BENEDICT B, RANDOLPH AND TF.RRY L. RANDOLPH
("Unden illled") to 11,1100 Bw, H.A. ("lanlL"):
WHEREAS, Underalaned and Bank dealrt to Incorporat. thl rollowin, provlalona
loto thc Notl.
HIlI, TIIlllUORE. UndtrallDed, lotendlq to b. It,lIly bowId hereb" COYlnulI
and Iln'll thu th. rollo.11II lhall bl added to tb. Hotl ud .ade a pan
tberlor,
I. If "IY pa,.lat (IDcludlDI without 1I.It.tlOD uy "pIeri, Ichlduled
PI,,"0t, b.lI00a PI,.IOt and flnal p.ynDt) II not p.id withio U- e1.,.
."." It II dul, UodlrallDld will p., . I.te char'l 01 . 25.00 (retardlt..
of ,I~thlr plrt or the pa,.ent dUI bad beln ...., and rl,.rell"1 0
wtlier tht pI,.eDt dUI conlhtl or princIpal and 10llrllt, principal onl,
or I"terllt 001,). (Such lat. char'l .hall b. In addltlon to .a,. Inc"I"
.ade to che Intlr..t rate(e) appllcabl. to the outataadlnt bll.acI h.reof
a. a r..ult 01 .aturlty 01 thll Not. or other.II', al .el al In addltloa
to a y oth.r Ippllcabl. leel, char,ea and coati.) Alao, Baat r.lerv.. tbl
rlthl to .odlly, la Ita .011 dl.crltlon and upon thIrty (3D) day. prior
.r tlen notlc. to UocleralJAcd, thl late char,. all forth hlreia.
2. Eacc I .. lilted In thh UtE PAnmn' CIWlCE ADDfMlUI, th. ter..,
cove ant., condltlona and provl'loca of the Hote -III reaala la full forel
lad :ffeel. .
Iltne.a ,h. due 1.leutloa hlrlof.
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Add".. IDmlICT .. IWIDOLPH
lITND lWlOa , 8 HOOREDALE ROAD
CARLISLE, PA 17013
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CAlLISL~. PA 17013
Corporation or other Entity
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PREPAYMENT ADDENDUM
TillS A DENDUM dated~, to the NOT! AND SECURITY AGREEHENT
o~ even dlt' herevit~. It~e 'Note', fro. BENEDICT B. ~UU~rA AnU
TERRY L. RA:DOLPII l'IOUOl/er', to ~1.llon Bank, N.l. ("Bank").
WIIEllEAI; t~1 10Uolllr and til, link duire to Incorpouu the follovln9
provlaionl l~to tne Note.
NOW, n UlElOIllt, tbe louolllr, intandln, to be l'9l11y bound heUb"
covenlntt Ir I I,ree. thlt the follol/in9 .nll1 be .dded to the NOtl .nd ...e .
part thereof.
1. Th,. lorrolllr .hall heve the ri9ht, .. I tI optaon, to pup.y the Not'
In IIhole .t .ny tl.1 or In p.rt (rD. ti.e to tl.l.
III 'Up.y_nt of tile Note eilaU bl epplie. to the unpaid
Inlt.ll..ntl of principal in the reverll ordlr of their Icnldulld ~.turltll'.
Ib, Thl lorrolllr tball ,IVI to th, Ilok l/ritten notice (lIhich Iblll
be irrlvoclb. el of Ileb preperaeot not 1.ter tlllo 10100 O'ClOCk ...., calt'rn
Ti_, 00 tbe bUllneel d., ''''dl.tll, preeldl"9 tbe d.te of prep.y..nt,
lpaclf,ln9 t1,e ''''''IU MOunt of principal to bl Upaid .nd tbl PUparalnt
dati.
Z. Nolie, of prepa,..nt AlYio, been 9iveo to the I.nk aa Iforll.ld, tha
principal "'llIt lpaclUM in IIIcb notice, totethlr vitll lecruld and unplid
10Ureet 011 tlte aaoullt of lIeh IIICllI prep'y.nt to the dau of prepay_nt,
naU blCOIII "'" aIId payable on tueb puparaent diU.
l. .n Ibl IVlnt tblt Int portion of prlneip.l of the NOte I' prep.,d
for .ny r...o, vhltloner, IIl1elller by dlchreuoo, ucehrulon or otllervisl,
till lor rOlli' bill pay to tbe lellk, lllUltlneoully vltll .ucb prepay_nt, .
prlperalnt p".,u. cIlcul.tld Ie I plrCentl'l of tile prlpllO a.cunt on.
dIClln'"9 .Clle I' fOlloll1:
III tnn: percent of toe preplld ..Dunt If "UP'/Mnt :lCC'oI(I vltlltn
the flr.t ,ell of tbl lo.n tlro,
Cbl twO plrclllt of tOI pr'''ld I..unt I( P'lplYDent ~cur. l/I~io
tbe .Icond "" of the I... t.r.,
CeI 0lII pere"'t of till Puplld nount at prepay..nt occure vhhtll
tbl till" YI., or the IDe. tlr.,
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1''.01
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
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HELLON BANK, N.A.,
Plaintiff
97 J'II :lIt 'I
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Va.
BENEDICT B. RANDOLPH and TERRY L.
RANDOLPH,
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Defendants
Action In Confeslion of Judgment
CERTIFICATION
Jack r. "sa, Eaquire
PA Supr... Court Attorney
1.0. n0241
RHOADS 8: SINON LLP
YORK OFFICE
"T_'S AT I.....
"8 lAST -..n STIIICU
~ PENN$\'L\IANtA t7"<)t.t278
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ALL THOSE CERTAIN tracts of land, with the improvements thereon erected, situate in
Dickinson Township, Cumberland County, Pennsylvania, bounded and described as
follows:
TRACT NO.1: BEGINNING at a point in the center line of U.S. Route #11, at a
point thereon which is South 67 degrees 04 minutes 30 seconds West 290 feet, more
or less, from the point where the property line of the land now or formerly of Vance C.
and Elizabeth M. Holler leaves said highway and goes to the southeast: thence from
said beginning point South 67 degrees 04 minutes 30 seconds West 220 feet, more or
less. to a point; thence South 22 degrees 55 minutes 30 seconds East 1072.53 feet to
a point; thence by the southern boundary line of land now or formerly of Vance C. and
Elizabeth M. Holler North 68 degrees 26 minutes 52 seconds East 220 feet to a point;
Ihence by olher lands now or formerly of Vance C and Elizabeth M Holler North 22
degrees 55 minutes 30 seconds West 1072.53 feel, more or less, to a point, the place
of BEGINNING.
TRACT NO.2: BEGINNING al a point in the center line of US Roule #11, al a
poinllhereon which is the northeastern corner of lands now or formerly of Vance C.
and Elizabeth M. Holler: thence by said center line North 67 degrees 04 minutes 30
seconds East 290 feet. more or less, to a point: thence Soulh 77 degrees 31 minutes
24 seconds Easl63599 feet to a pOint: thence South 78 degrees 17 minutes 32
seconds East 295.73 feel to a point in the center line of the Mooredale Road: thence by
said center line South 3 degrees 8 minutes East 90 96 feet. thence by same South 00
degrees 45 minutes West 70 feet to a pOint at line of land now or formerly of Grace
Landis; thence by the latter North 89 degrees 15 minutes West 225 feet to a point.
thence by the same South 00 degrees 45 minules West 331.54 feet to a point; thence
South 44 degrees 55 minutes 48 seconds Wesl 30742 feet to a point; thence by the
same South 68 degrees 26 minutes 52 seconds West 348 97 feel to land now or
formerly of Vance C. and Elizabeth M Holler; thence by the latter North 22 degrees 55
minutes 30 seconds West 1072.53 feet, more or less, to the place of BEGINNING
TRACT NO.3: BEGINNING at a point on the southern dedicated right-of-way
line of Governor Ritner Highway. at lands now or formerly of Benedict B RandOlph and
Terry L. Randolph; thence along said lands of Benedict B Randolph and Terry L
Randolph South 22 degrees 08 minutes 40 seconds East 104840 feet to a point;
thence by lands now or formerly of John R McKeehan South 68 degrees 57 minutes
30 seconds West SO.Ol feet to a concrete monument, thence along land now or
formerly of Kurt E Suter North 22 degrees 08 minutes 40 seconds West 104700 feet
to a cooc:rele monument set in the southern dedicated right-of-way line of Governor
Ritner Highway; thence along said right-of-way line North 67 degrees 21 minutes 00
seconds East SO 00 feet to a point. the place of BEGINNING
BEING Tax Parcel 08-09-0523-004
IT BEING the same pren1l$es selled 10 executlOll on the Judgment and Executton of
Mellon Bank. N iii _ Plaintiff. Vs Bene-dlct B Randolph and Terry L Randolph. being
Judgment No 97-4IH and ExewtlOll No
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ALL THOSE CERTAIN tracts of land, with the improvements thereon erected, situate in
Dickinson Township, Cumberland County, Pennsylvania, bounded and described as
follows:
TRACT NO. 1: BEGINNING at a point in the center line of US. Route #11, at a
point thereon which is South 67 degrees 04 minutes 30 seconds West 290 feet, more
or less, from the point where the property line of the land now or formerly of Vance C.
and Elizabeth M. Holler leaves said highway and goes to the southeast. thence from
said beginning point South 67 degrees 04 minutes 30 seconds West 220 feet, more or
less, to a point; thence South 22 degrees 55 minutes 30 seconds East 107253 feet to
a point; thence by the southern boundary line of land now or formerly of Vance C. and
Elizabeth M. Holler North 68 degrees 26 minutes 52 seconds East 220 feet to a point;
thence by other lands now or formerly of Vance C. and Elizabeth M. Holler North 22
degrees 55 minutes 30 seconds West 1072,53 feet. more or less, to a point, the place
of BEGINNING.
TRACT NO.2: BEGINNING at a point In the center line of U S Route #11. at a
point thereon which is the northeastern corner of lands now or formerly of Vance C
and Elizabeth M Holler; thence by said center line North 67 degrees 04 minutes 30
seconds East 290 feet, more or less. to a point; thence South 77 degrees 31 minutes
24 seconds East 635.99 feet to a point: thence South 78 degrees 17 minutes 32
seconds East 295,73 feet to a point in the center line of the Mooredale Road: thence by
said center line South 3 degrees 8 minutes East 90.96 feet thence by same South 00
degrees 45 minutes West 70 feet to a point at line of land now or formerly of Grace
Landis; thence by the latter North 89 degrees 15 minutes West 225 feet 10 a point;
thence by the same South 00 degrees 45 minutes Wesl 331.54 feet to a point thence
South 44 degrees 55 minutes 48 seconds West 307.42 feet to a pOint thence by the
same South 68 degrees 26 minutes 52 seconds West 348 97 feet to land now or
formerly of Vance C. and Elizabeth M. Holler, thence by the latter North 22 degrees 55
minutes 30 seconds West 1072.53 feet, more or less, to the place of BEGINNING
TRACT NO, 3: BEGINNING at a point on the southern dedicated fight-of-way
line of Govemor Ritner Highway. at lands now or formerly of Benedict B Randolph and
Terry L. Randolph; thence along said lands of Benedict B Randolph and Terry L
Randolph South 22 degrees 08 minutes 40 seconds Easll04840 feet to 8 point,
thence by lands now or formerly of John R McKeehan South 68 degrees 57 minutes
30 seconds West 50 01 feet to a concrete monument, thence along land now or
formerly of Kurt E Suter North 22 degrees 08 minutes 40 seconds West 1047.00 feet
to a concrete monument set in the soulhem dedIcated flght-ol-way line of Governor
Ritner Highway; thence along said right-of-way line North 67 degrees 21 minutes 00
seconds East 50.00 feel to a point. the place of BEGINNING
BEING Tax Parcel 08-09-0523-004
IT BEING the same premises seized If) eIecubon on the Judgment and Execution of
Mellon Bank. NA, P1ainltff, Vs Benedict B Randolph and Ttrry L Randolph, being
Judgment No 97-41~5 and ExecutlOll No
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IN THE COURT OF COllKON PLEAS OF
ctlHBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
AlED-Qr'"fY:E
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MELLON BANlt, N.A.,
Plaintiff
q1 ~lJr; 12 AK 1: 58
ClJlS:~-;,: t.;;:) COu'NiY
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Va.
BENEDICT B. RANDOLPH and TERRY L.
RANDOLPH,
Defendants
Judgment No.
Writ No.
,
Action In Confeasion of
Judgment
CIlTIFtCATE OF SERVICE OF NOTICE OF
SIIIIlIFF'S SALE 10 DEFENDANTS UNDn
lULE 3129 OF PENNSYLVANIA 1lULIS OF
CIVIL PROCEDUlE
Jack r. ..... Esquire
PA Supr_ Court Attona,
1.11. 110241
RHOADS 6 SINON LLP
YORK ot:r:a
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1 Copy - Sheriff
1 Copy - Each Defendant
MELLON BANK, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Vs.
.
:Civil Action - Law
:Judgment No. 97-4155 Civil Term
:Execution No.
BENEDICT B. RANDOLPH AND
TERRY L. RANDOLPH,
Defendants
NOTICE OF SHERIFF'S SALE
REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will
be held on Wednesday, December 10, 1997 at 10:00 A.M., prevailing
local time in Commissioners Hearing Room, Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED.)
THE LOCATION of your property to be sold is:
Ritner Manor Road and 8 Mooredale Road
Dickinson Township, Cumberland County
Commonwealth of Pennsylvania
Tax Map 08-09-523-004
THE JUDGMENT under or pursuant to which your property is
being sold is docketed to:
Mellon Bank, N.A., Plaintiff, Vs. Benedict B. Randolph
and Terry L. Randolph, Defendants, Judgment No. 97-4155 Civil
Term.
The name of the owner or reputed owner of this property is:
Defendants - Benedict B. Randolph and Terry L. Randolph
A SCHEDULE OF DISTRIBUTION, being a list of the persons and
or governmental or corporate entities or agencies being entitled
to receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold
IXHIIIT RAM
mortgages and municipalities that are owed taxes), will be filed
by the Sheriff within thirty (30) days after the sdle and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the schedule of distribution may be obtained
from the Sheriff of the Court of Common Pleas of Cumberland
County, Pennsylvania, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013; Telephone 1-717-
240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY. It has been issued because there is a judgment
against you. It may cause your property to be sold or taken to
pay the judgment. You may have legal rights to prevent your
property from being taken. A lawyer can advise you more
specifically of these rights. If you wish to exercise your
rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE:
District Court Administrator of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Telephone: 1-717-240-8200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas
of Cumberland County to open the judgment if you have a
meritorious defense against the person or company that has
entered judgment against you. You may also file a petition with
the same Court if you are aware of a legal defect in the
obligation or procedure used against you.
2. After the Sheriff's sale you may file a petition with
the Court of Common Pleas of Cumberland County to set aside the
sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriff's deed is
delivered.
3. A petition or petitioners raising the legal issues or
rights mentioned in the preceding paragraphs must be presented to
the Court of Common Pleas of Cumberland County at one of the
Court's regularly scheduled business court sessions. The
petition must be served on the attorney for the creditor at least
two (2) business days before presentation to the Court and a
ALL THOSE CERTAIN tracts of land, with the Improvements thereon erected, situate in
Dickinson Township, Cumberland County, Pennsylvania, bounded and described as
follows:
TRACT NO.1: BEGINNING at a point in the center line of U S Route #11, at a
point thereon which is South 67 degrees 04 minutes 30 seconds West 290 feet, more
or less, from the point where the property line of the land now or formerly of Vance C.
and Elizabeth M. Holler leaves said highway and goes to the southeast; thence from
said beginning pOint South 67 degrees 04 minutes 30 seconds West 220 feet, more or
less, to a point; thence South 22 degrees 55 minutes 30 seconds East 1072.53 feet to
a point; thence by the southern boundary line of land now or formerly of Vance C. and
Elizabeth M. Holler North 68 degrees 26 minutes 52 seconds East 220 feet to a point;
thence by other lands now or formerly of Vance C and Elizabeth M. Holler North 22
degrees 55 minutes 30 seconds West 1072.53 feet, more or less, to a point. the place
of BEGINNING.
TRACT NO.2 BEGINNING at a point in the center line of U S Route # 11, at a
point thereon which is the northeastern corner of lands now or formerly of Vance C
and Elizabeth M. Holler; thence by said center line North 67 degrees 04 minutes 30
seconds East 290 feet, more or less, to a point. thence South 77 degrees 31 minutes
24 seconds East 635.99 feet to a point; thence South 78 degrees 17 minutes 32
seconds East 295.73 feet to a point in the center line of the Mooredale Road; thence by
said center line South 3 degrees 8 minutes East 90 96 feet, thence by same South 00
degrees 45 minutes West 70 feet to a point at line of land now or formerly of Grace
Landis; thence by the latter North 89 degrees 15 minutes West 225 feet to a point.
thence by the same South 00 degrees 45 mmutes West 33154 feet to a point; thence
South 44 degrees 55 minutes 48 seconds West 307 42 feet to a point; thence by the
same South 68 degrees 26 minutes 52 seconds West 34897 feet to land now or
formerly of Vance C. and Elizabeth M. Holler, thence by the laller North 22 degrees 55
minutes 30 seconds West 1072.53 feet, more or less, to the place of BEGINNING.
TRACT NO, 3: BEGINNING at a point on the southern dedicated right-of-way
line of Governor Ritner Highway, at lands now or formerly of Benedict B. Randolph and
Terry L Randolph, thence along said lands of Benedict B. Randolph and Terry L
Randolph South 22 degrees 08 minutes 40 seconds East 104840 feet to a point;
thence by lands now or formerly of John R McKeehan South 68 degrees 57 minutes
30 seconds West 5001 feet to a concrete monument; thence along land now or
formerly of Kurt E Suter North 22 degrees 08 mlllutes 40 seconds West 104700 feet
to a concrete monument set in the southern dedicated right-of-way line of Governor
Ritner Highway; thence along said flght-of-way line North 67 degrees 21 minutes 00
seconds East 5000 feet to a point. the place of BEGINNING
BEING Tax Parcel 08-09-0523-004
IT BEING the same preOllses Setled In execubon on the Judgment and Execubon of
Mellon Bank, N A , Plalnb". Vs Benedict B Randolph and Terry L Randolph, being
Judgment No 97-4U5 and Execulion No
Exhtblt . A -
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
Plaintiff
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MELLON BANK, N.A.,
Va.
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BENEDICT B. RANDOLPH and TERRY L.
RANDOLPH,
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Defendanta
Judgment No.
Writ No.
Action In Confession of
Judgment
CERTIfiCATE OF SERVICE OF NOTICE Of
SHERIFF'S SALE TO CREDITORS UNDER
RULE 3129 OF PENNSYLVANIA RULES OF
CIVIL PROCEDUlE
.
Jack F. Il.eaa, Esquire
fA Supr...COurt Attorney
1.0. '10241
RHOADS a SINON LLP
YORK OFf'1CE
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IN TilE (:otJRT OF COMl\HJ:'i I'I.E'\S OF
CUMBERLAND OHINn', l'ENNSn.",\NIA
(:I"IL IJlVISION: 1.,\ \\
MELLON BANK, N.A.,
PlaintilT
Judgmcnl No. 97-4155 Civil Term
Writ No.
vs.
BENEDICT B. RANDOLI'll
and TERRY L. RANDOLI'll.
Defend:mls
Action in Confession of Judgment
CERTIFICATE OF SER\KE 01' ;l;UTI(:E OF SIlEIUFF'S
SALE TO CREDITORS liNUER RULE 3129 OF
PENNSYLVANIA RULES OF CI\'JL PROCEDURE
I. Jack F Ream, Esquire. hereby cenit) that un the "~day of August. 1997.
I caused a copy of the "NOTICE OF SHERIFF'S SALE TO CREDITORS UNDER
RULE 3129 OF PENNSYLVANIA RUES OF ('IVIL PROCEDURE" ('"Notice")
which is attached hereto, marked Exhibit "'A" and incorporated herein by reference hereto
to be served upon the follO\\ing parties by Uniled States Mail. return receipt requested.
postage prepaid and by regular mail by deposiling the "Notice" in the United States 1'051
OffICe in York. Pennsylvania addres.~d 10 the ti.>Ilowing panicS al the following addresses
Paul B. Thrush. Jr.
Paul Thrush Excavaling
972 West Old York Road
Carlisle.PA 170D
Certified Mail No P 508 008 966
RIlOAUS & SISON lll'
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Dated, Au&lIet , . 1991
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I COPy-Sheriff
I Copy-For EiJch
Lien Holder
MELLON BANK, N.A.,
Plaint if f
iN THE COUR'l' OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Vs.
BENEDICT B. RANDOLPH AND TERRY
L. RANDOLPH,
Judgment No. 97-4155
Writ No.
Defendants
Ci vi I Action - Law
NOTICE PURSUANT TO PA. R.C.P. 3129
NOTICE IS HEREBY GIVEN to the fOllowing parties who hold one
or more mortgage, judgment or tax lien against the real estate of
Defendants. Benedict B. Randolph and Terry L. Randolph:
Mr. Paul B. Thrush
Paul Thrush Excavating
972 West Old York Road
Carlisle, PA 17013
You are hereby notified that on Wednesday, December 10, 1997
at 10:00 A.M., prevailing time, by virtue of a Writ of Execution
issued out of the Court of Common Pleas of Cumberland County,
Pennsylvania, on the Judgment of Mellon Bank, N.A. Vs. Benedict
B. RandOlph and Terry L. Randolph, Judgment No. 97-4155
the Sheriff of Cumberland County, Pennsylvania, will expose at
Public Sale in the Commissioner'S Hearing Room, Cumberland County
Courthouse, One Courthouse Square. Carlisle. Cumberland County,
Pennsylvania, real estate of Defendants. Benedict B. Randolph and
Terrv L. Randolph, known and numbered as ~~tne~ Manor ~~d 8
Hooredale Road. Carlisle. Cumberland COlin . C mmonwea h of
PennsYlvania. A description of said real estate is hereto
attached.
,
You are fur.ther notified that a Schedule of Pl-oposed
Distribution will be filed by the Sheriff of Cumber-land County on
December 10 ,1997, and distribution will be made in
accordance with the Schedule unless exceptions are filed thereto
within ten (10) days thereafter.
DllItT "A"
f
ALL THOSE CERTAIN tracts of land, wilh the improvements thereon erected, situate in
Dickinson Township, Cumberland County, Pennsylvania, bounded and described as
follows:
TRACT NO.1: BEGINNING at a point 111 the center line of U.S Route #11, at a
point thereon which is South 67 degrees 04 minutes 30 seconds West 290 feet. more
or less. from the poinl where the property line of the land now or formerly of Vance C.
and Elizabeth M. Holler leaves said highway and goes to the southeast. thence from
said beginning pOint South 67 degrees 04 minutes 30 seconds West 220 feet, more or
less, to a point; thence South 22 degrees 55 minules 30 seconds East 1072.53 feet to
a point; thence by the southern boundary line of land now or formerly of Vance C. and
Elizabeth M. Holler North 68 degrees 26 minutes 52 seconds East 220 feet to a point;
thence by other lands now or formerly of Vance C and Elizabeth M. Holler North 22
degrees 55 minutes 30 seconds West 107253 feet, more or less, to a pomt. the place
of BEGINNING.
TRACT NO, 2: BEGINNING at a pOint In the cenler line of U S Route #11, at a
point thereon which is the northeastern corner of lands now or formerly of Vance C
and Elizabeth M. Holler; thence by said center line North 67 degrees 04 minutes 30
seconds East 290 feet. more or less. to a pOint thence South 77 degrees 31 minutes
24 seconds East 635.99 feet to a point thence South 78 degrees 17 minutes 32
seconds East 295.73 fee' to a point in the center line of the Mooredale Road; thence by
said center line South 3 degrees 8 minutes East 90 96 feet: thence by same South 00
degrees 45 minutes West 70 feet to a point at line of land now or formerly of Grace
Landis; thence by the latter North 89 degrees 15 minutes West 225 feet to a point
thence by the same South 00 degrees 45 mll1utes West 33154 feet to a pOint. thence
South 44 degrees 55 minutes 48 seconds West 307 42 feet to a point thence by the
same South 68 degrees 26 minutes 52 seconds West 348 97 feet to land now or
formerly of Vance C. and Elizabeth M. Holler, thence by the lalter North 22 degrees 55
minutes 30 seconds West 1072 53 feet. more or less. to the place of BEGINNING
TRACT NO.3: BEGINNING at a polOt on the southern dedicated right-of-way
line of Governor Ritner Highway, at lands now or formerly of Benedict B Randolph and
Terry L. Randolph; thence along said lands of Benedict B Randolph and Terry L
Randolph South 22 degrees 08 minutes 40 seconds East 104840 feet to a point:
thence by lands now or formerly of John R McKeehan South 68 degrees 57 minutes
30 seconds West 50 01 feet to a concrete monument. thence along land now or
formerly of Kurt E Suter North 22 degrees 08 minutes 40 seconds West 104700 feet
to 8 concrete monument set in the southern dedicated right-of. way line of Governor
Ritner Highway; thence along said nght.of-way IUle North 67 degrees 21 minutes 00
seconds East 50 00 feet to a point, the place of BEGINNING
BEING Tax ParceI08-Q9.0523-004
IT BEING the same prenuses seIZed In e_ecullon on the Judgment and E.ecuholl of
Mellon Bank, N A, Plain\tf', Vs Bened<<:1 B Randolph and Teffy L Randotph, being
Judgment No 91-4155 and Eoecuhon No
E .h,bItX
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
Plaintiff
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KELLON BANlt, N.A.,
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BENEDICT B. RANDOLPH and TERRY L.
RANDOLPH,
Defendante
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Judgment No.
Writ No.
Action In Confession of
Judgment
C!ItTIFICAT! OF SERVICE
OF EXEMPTION RIGHTS
Jeck F. Reaa, Eaquire
PI. SUp~ Court Attorney
I.D. #10241
RHOADS a SINON LLP
YORK OFFiCE
&1'l'Cm4ya AT LAW
tta!PIT *-" ITMtt
~ """Y\.VANlA IT<IOHa7lI
ALL THOSE CERTAIN tracts of land, with the improvements thereon erected, situate in
Dickinson Township, Cumberland County, Pennsylvania, bounded and described as
follows:
TRACT NO. 1: BEGINNING at a poinl in the center line of U.S. Route #11, at a
point thereon which Is South 67 degrees 04 minutes 30 seconds West 290 feet, more
or less, from the pOint where the property line of the land now or formerly of Vance C.
and Elizabeth M. Holler leaves said highway and goes to the southeast; thence from
said beginning point South 67 degrees 04 minutes 30 seconds West 220 feet, more or
less, to a point; thence South 22 degrees 55 minutes 30 seconds East 1072.53 feet to
a point; thence by the southern boundary line of land now or formerly of Vance C. and
Elizabeth M. Holler North 68 degrees 26 minutes 52 seconds East 220 feet to a point;
thence by other lands now or formerly of Vance C. and Elizabeth M. Holler North 22
degrees 55 minutes 30 seconds West 1072.53 feet, more or less, to a point, the place
of BEGINNING.
TRACT NO.2: BEGINNING at a point in the center line of U S Route #11, at a
pOint thereon which is the northeastern corner of lands now or formerly of Vance C
and Elizabeth M. Holler, thence by said center line North 67 degrees 04 minutes 30
seconds East 290 feel. more or less, to a point; thence South 77 degrees 31 minutes
24 seconds East 635 99 feet to a point: thence South 78 degrees 17 minutes 32
seconds East 295.73 feet to a point in the center line of the Mooredale Road; thence by
said center line South 3 degrees 8 minutes East 90 96 feet, thence by same South 00
degrees 45 minutes West 70 feet to a point at line of land now or formerly of Grace
Landis; thence by the lalter North 89 degrees 15 minutes West 225 feet to a point,
thence by the same South 00 degrees 45 minutes West 331 .54 feet to a point: thence
South 44 degrees 55 minutes 48 seconds West 307.42 feet to a point; thence by the
same South 68 degrees 26 minutes 52 seconds West 348 97 feet to land now or
formerly of Vance C. and Elizabeth M. Holler; thence by the lalter North 22 degrees 55
minutes 30 seconds West 107253 feet. more or less. to the place of BEGINNING
TRACT NO.3 BEGINNING at a point on the southern dedicated right-of-way
line of Governor Ritner Highway, at lands now or formerly of Benedict B Randolph and
Terry L. Randolph; thence along said lands of Benedict B Randolph and Terry L
Randolph South 22 degrees 08 minutes 40 seconds East 1048 40 feet to a point;
thence by lands now or formerly of John R McKeeha'1 South 68 degrees 57 minutes
30 seconds West 50.01 feet to a concrete monument. thence along land now or
formerly of Kurt E. Suter North 22 degrees 08 minutes 40 seconds West 1047.00 feet
to a concrete monument set in the southern dedicated nght-of-way line of Governor
Ritner Highway; thence along said right-of-way line North 67 degrees 21 minutes 00
seconds East 5000 feel to a point. the place of BEGINNING
BEtNG Tax Parcel 08-09-0523-004
IT BEtNG the same premises seIZed 111 e_ecUlIOIl Oil the Judgment and E-ecullon of
Mellon Bank. N A . Plaintiff. Vs Benedlc.t B Randolph and Terry L Randolph, bfllg
Judgment No 91-4lSS and E.KUlIOll No
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IN THE COURT OF COMMON PL.EAS OF
CUMBERLAND COlINTI'. PENNSYL.V ANIA
MELLON BANK. N.A..
PlaintilT
No, 97.4155 CIVIL TERM
Vs.
BENEDICT B. RANDOL.PH
and TERRY L. RANDOLPH.
Dtfendants
CERTIFICATION TO ACCOMPANY
PRAECIPE FOR WRIT OF EXECUTION
I. Jack F, Ream. Esquire. attorney of record for PlaintilT. Mellon Bank,
N.A,. hereby certifies that the Judgment entered in favor of Plain tilT. Mellon Bank. NA..
and against Defendants. Benedict B Randolph and Terry L Randolph. on July 31. 1997.
to No. 97-4155 Civil Term. was not entered on an instrument which C\;dences a
~residential mortgage obligation" as pro\;ded for in Act 6 of 1974 or Act 91 of 1983 of
the Laws of The Commonwealth of Pennsylvania or an Installment Sales Credit
Transaction under Act 7 of 1986 or constitutes a "consumer credit transaction" as that
term is defined n Rule 2950 of Pennsylvania Rules of Ci\;1 Procedure The obligation
evidenced by the instrument upon which the above judgment was entered was a business
lending transaction.
DATED: September 4. 1998
J~~
Rhoads & Sinon LLP
119 East Market Street
York. PA 17401
I D 10241
Phone 1.717.843.8968
Fax 1.717.8~16
Altomey for the Plaintiff
MELLON BANK. NA
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IN THE COlJlH OF COMMON I'I.EAS OF
CUl\IBERL.ANI> COUNTY. I'ENNSYI.VANIA
CIVIL. I)J\'ISION: LAW
MELLON BANK. N.A..
Judgment No 97-4155 of
Ch'il Term
PlaintilT
"s.
BENEDICT B. RANDOL.PH
and TERRY L. RANDOL.PH.
I>efendants
PETITION TO STRIKE JlII)Gl\IENT
REQUEST FOR PRO:\II'T IIEARING
I hereby certil)'that I did not \'oluntarily. inte"i~O:nlly and knowingly give up my
right to notice and hearing prior to the entr)' ofjlld~ment I petition the Coun to strike
the judgment on this ground and request a pwmpt heilriny on this issue
I \-erifY that the statements made in this R\.'questtl\r Hearing are true and correct,
I understand that false statements herein are made subje.:tto the penahies of 18 Pa C. S
4904 relating to unsworn falsitication to authorities
Notice of the hearing should be gi\'en to me at
Street Address
('jty. State
Telephone Number
Dated
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mortgages and municipalitiez that are owed taxes), will be filed
by the Sheriff within thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the schedule of distribution may be obtained
from the Sheriff of the Court of Common Pleas of Cumberland
County, Pennsylvania, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013; Telephone 1-717-
240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY. It has been issued because there is a judgment
against you. It may cause your property to be sold or taken to
pay the judgment. You may have legal rights to prevent your
property from being taken. A lawyer can advise you more
specifically of these rights. If you wish to exercise your
rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE:
District Court Administrator of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Telephone: 1-717-240-8200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas
of Cumberland County to open the judgment if you have a
meritorious defense against the person or company that has
entered judgment against you. You may also file a petition with
the same Court if you are aware of a legal defect in the
obligation or procedure used against you.
2. After the Sheriff's sale you may file a petition with
the Court of Common Pleas of Cumberland County to set aside the
sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriff's deed is
deli vered.
3. A petition or petitioners raising the legal issues or
rights mentioned in the preceding paragraphs must be presented to
the Court of Common Pleas of Cumberland County at one of the
Court's regularly scheduled business court sessions. The
petition must be served on the attorney for the creditor at least
two (2) business days before presentation to the Court and a
,. .
ALL THAT CERTAIN tract of land, with the improvements thereon erected, situate in
Dickinson Township, Cumberland County, Pennsylvania, bounded and described as
follows:
TRACT NO, 1: BEGINNING at a point in the center line of U,S, Route #11. at a
point thereon which is the northeastern corner of lands now or formerly of Vance C,
and Elizabeth M, Holler, thence by said center line North 67 degrees 04 minutes 30
seconds East 290 feet, more or less, to a point, thence South 77 degrees 31 minutes
24 seconds East 635,99 feet to a point; thence South 78 degrees 17 minutes 32
seconds East 295,73 feet to a point in the center line of the Mooredale Road, thence by
said center line South 3 degrees 8 minutes East 90,96 feet, thence by same South 00
degrees 45 minutes West 70 feet to a point at line of land now or formerly of Grace
Landis; thence by the lalter North 89 degrees 15 minutes West 225 feet to a point;
thence by the same South 00 degrees 45 minutes West 331,54 feet to a point; thence
South 44 degrees 55 rninutes 48 seconds West 307,42 feet to a point; thence by the
same South 68 degrees 26 rninutes 52 seconds West 348,97 feet to land now or
formerly of Vance C, and Elizabeth M, Holler; thence by the latter North 22 degrees 55
rninutes 30 seconds West 1072,53 feet, more or less, to the place of BEGINNING,
BEING Tax Parcel 08-09-0523.004,
IT BEING the same premises seized in execution on the Judgment and Execution of
Melon Bank, N,A,. Plaintiff, Vs, Benedict B, Randolph and Terry L. Randolph,
Defendants, being Judgment No. 97-4155 and Execution No,
Exhibit. A .
ALL THAT CERTAIN tract of land, with the improvements thereon erected, situate in
Dickinson Township, Cumberland County, Pennsylvania, bounded and described as
follows:
TRACT NO, 1: BEGINNING at a point in the center line of U,S, Route #11, at a
point thereon which is the northeastern corner of lands now or formerly of Vance C,
and Elizabeth M, Holler, thence by said center line North 67 degrees 04 minutes 30
seconds East 290 feet, more or less, to a point, thence South 77 degrees 31 minutes
24 seconds East 635,99 feet to a point; thence South 78 degrees 17 minutes 32
seconds East 295,73 feet to a point in the center line of the Mooredale Road, thence by
said center line South 3 degrees 8 minutes East 90,96 feet, thence by same South 00
degrees 45 minutes West 70 feet to a point at line of land now or formerly of Grace
Landis; thence by the lalter North 89 degrees 15 minutes West 225 feet to a point;
thence by the same South 00 degrees 45 minutes West 331,54 feet to a point; thence
South 44 degrees 55 minutes 48 seconds West 307,42 feet to a point; thence by the
same South 68 degrees 26 minutes 52 seconds West 346.97 feet to land now or
formerly of Vance C, and Elizabeth M, Holler; thence by the latter North 22 degrees 55
minutes 30 seconds West 1072,53 feet, more or less, to the place of BEGINNING,
BEING Tax Parcel 08-09-0523-004,
tT BEING the same premises seized in execution on the Judgment and Execution of
Melon Bank, N,A" Plaintiff, Vs, Benedict B, Randolph and Terry L. Randolph,
Defendants, being Judgment No, 97-4155 and Execution No,
Exhibit "A"