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Home My WebLink About01-06454 ~. ",._-,--,~ ~"_.I,__' '~'-- - -,,+-;,,-, --,- .....,..']'--- -".,,&i'~"""-l.--"~'-'~--"~"- ~'<k_ "';;";"'-'~-'~'(''''''-/; C'-o'';;.,i<;,-.',. 'ildl. ~-. -.Ii,) A.LLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. NO. DI - ~l./S'1 C~;,(T~ CONFESSION OF JUDGMENT CLAUDE WHEELER, SR. and JOANN WHEELER Defendants NOTICE To: Claude Wheeler, Sr. and JoAnn Wheeler, Defendants You are hereby notified that on November I!:L_, 2001, judgment by confession was entered against you in the sum of $358,091.35 irlthe above captioned case. ~ Dated: November 1!:I-,2001 (]~ -1<<1 ) V Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Toll Free: (800) 990-9108 I hereby certify that the following is the address of the defendant(s) stated in the certificate of residence. Claude Wheeler, Sr. 1920 Alcott Road York, PA 17402 JoAnn Wheeler 1920 Alcott Road York, PA 17402 A~'fu~n:S) , '~'%t. ~ ~. "., ,.~. c" - ',,1-;,. ' ;;- , '_"~" ';",:,.:~.,~"' "i;;j.I~;'_"H";-,!d" ',-",,"',A-. ';-,i,>;,i),-,.;~ ,f";;;',._~;,;,_;iiA;.,,,..' ~ ..<.., '~'jL!i-ii;l"'~~ ALL..FIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. OI-ls.'-IS"I./ Cl~t-[ ~ CONFESSION OF JUDGMENT v. CLAUDE WHEELER, SR. and JOANN WHEELER Defendants NOTICE A Claude Wheeler, Sr. and JOANN Wheeler, Defendido/as Usted esta siendo notificando que el _ de November del 2001, se anoto en contra suya un fallo por confesion en la suma de $358,091.35 en el caso mencionado en el epigrafe. FECHA: November , 2001 Protonotario USTED DEBE LLEV AR IMMEDIA T AMENTE ESTE DOCUMENTO A SU ABOGA- DO, SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Toll Free: (800) 990-9108 Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Claude Wheeler, Sr. 1920 Alcott Road York, PA 17402 JoAnn Wheeler 1920 Alcott Road York, PA 17402 ~~d Abogado de emandante . ~ "= 'c."_'b'"~>_~'-"_~_ "' " __,I ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff v. CLAUDE WHEELER, SR. and JOANN WHEELER Defendants - - _l_ ,', ~ ",.' <': i=. "~"(";'-;o'" I-""~~"" ^-"~",-.",/,,,N'ill1b -,;."',"~.-'-- "--","",,,'~ ,",,,,...;,,",,- ,_,",;""''-:i.CilW\-1f~: ," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. D/- t.I.fStf C~([ ~ I~ CONFESSION OF JUDGMENT NOTICE OF DEFENDANTS' RIGHTS A judgment in the amount of $358.091.35 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAl HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Toll Free: (800) 990-9108 KEEFER WOOD ALLEN & RAHAL, LLP ~ne~i~y, Jr. Attorney 1.0. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Date: November 13, 2001 By: Attorneys for Allfirst Bank _ _ ~,,-., ,. _ .~,u,~-,-_>-,-","c-_ '1- < ',"C'.,-""-'~'~'_< ",-",_,-C, ,-~c;'''''~--F"''''''''-'f - .,dio,-""''=<'d~''',,<'-'-,_'' M'-''';:''--''-'''-'-'"'''fii_';'_,__' -- - ~'~j,;-;'.,1i: ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- (,1.( ,FI CI~;L ~~ CONFESSION OF JUDGMENT v. CLAUDE WHEELER, SR. and JOANN WHEELER Defendants COMPLAINT 1. Plaintiff Allfirst Bank, successor to Dauphin Deposit Bank and Trust Company, is a Maryland state-chartered commercial Bank, with an office at 213 Market Street, Harrisburg, Pennsylvania 17101. 2. Defendants Claude Wheeler, Sr. and JoAnn Wheeler are adult individuals, currently residind at 1920 Alcott Avenue, York, Pennsylvania 17402. 3. On or about November 20, 1998, Defendants, for good and valuable consideration, executed and delivered a Suretyship Agreement to Plaintiff for and on account of the obligations of West Shore Radiator Works, Inc. (the "Suretyship"). A true and correct copy of said Note is attached hereto, made a part hereof and marked Exhibit "AIt. 4. The Suretyship referred to in Paragraph 3 above has not been assigned by Plaintiff to any person or organization. 5. Judgment has not been entered against Defendants on the Suretyship referred to in Paragraph 3 above in any jurisdiction. ~"'_'r~ -, "-,,~',, "0--' -~-~~ - ,,--,-.-, -',:, , _",_, _,:'--1..'-' "w '",.",~-<'-,,--,--, -;,,-, "-,-';:q,-,,,,,k;;;,"'-,,,'-,' ->:',~'-~;:;,L--,':'i8'_j_;",,~~oi~~:""'''';_~'':';,~_;~,M~' "''''' ,,;,';~it\:1 6. The Suretyship provides that Plaintiff may confess judgment against Defendants for their total liability, together with costs of suit and fifteen percent (15%) added for collection fees. 7. The current unpaid principal liability is $295,500.00. Accrued interest as of November 13, 2001, is $18,266.35. 8. Plaintiff has been advised and, therefore, avers that Defendants executed the Suretyship referred to in Paragraph 3 above for business purposes. 9. Plaintiff has been advised and, therefore, avers that Defendants' income exceeds $10,000. 10. This confession of judgment is not being filed against a natural person in regards to a consumer credit transaction. WHEREFORE, Plaintiff demands judgment against Defendants in the sum of $358,091.35, together with costs of suit. KEEFER WOOD ALLEN & RAHAL, LLP Date: November 13, 2001 By: ~~. :PinSkY, Jr. Attorney 1.0. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Allfirst Bank - 2 - ,><~ . ~" _c, ~'~,,",,_, . ...-;,.,' -&--- -.",~" ,_.,,'~- , , _ " ~. _ ',-_";~-__i-I_~(: .,; <' - 'j,. . '.: ;>J":J,-o--~f..'~'-';"''<:'"1~:":~.:,,,,,~,,<,,~'"~ 'c. . -'C'_ ~ "':~;: VERIFICATION The undersigned, Jamin M. Gibson, hereby verifies and states that: 1. He is Vice President of Allfirst Bank, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~'~. ~--~ Jamln M. Gibson Dated: November 13, 2001 1,J . .'e'-'""'" "~ , I~~~ ., ""-..". '''-''w .<.-, ;-'\'l,"--~;'i<,_-,,~_, ,;,,' ~~',~i r_:,...."_r: f G _____.';.-" i ....:. ~ Suretyship Agreement D Dauphin Deposit Bank and Trust Company . Member FDIC. Date DeceJ:lber 15, 1994 The Undersigned, individually and jointly, hereby unconditionally agree to make prompt payment of all obligations, indebtedness and liabilities due Dauphin Deposit Ban~ and Trust Company, hereinafter called "Bank," of any kind, whether now existing or hereafter arising, due or which may become due, whether by acceleratIon or otherwise, absolute or contingent, joint or several, direct or indirect, secured or unsecured by W~qt ~nr~ ~~ni~tnr 1~rkq Tn~ hereinafter called '.'Borr~wer," all SuCh obligations being hereinafte~ furt~er described and collectively called the "Liabilities," and the Undersigned agree(s) to pay all expenses (includIng attorneys' fees and legal expenses) paid or Incurred_by the Bank in endeavoring to collect the liabilities, or any part thereof, whethef or not bankruptcy has been declared, and in enforcing this Suretyship Agreement. The Undersigned hereby waive all notices of any character whatsoever with respect to this Suretyship Agreement and the Liabilities of the Borrower for which the Suretyship Agre:ement has bee:n executed, including but not limi~ed to notice of the acceptance hereof and reliance hereon and notice of default by the Borfower. The UnderSigned hereby gIve consent to the Bank to the taking of, or failure to take, from time to time, without notice to the Undersigned, any action of any nature whatsoever with respect to the Liabilities of the Borrower, with respect to any rights against any person or persons, including the Borrower and any of the Undersigned, in any property, including, but not limited to, any postponements, compromises, indulgences, waivers, extensions, exchanges, releases, and satisfactions. The Undersigned shall remain fully liable on this Suretyship Agreement, notwithstanding any of the foregoing. This Suretyship Agreement shall in aU respects be a continuing, absolute and unconditional one, and shall remain in full force and effect (notwithstanding, ~ithout Ii":,itatlon, the. death, incom~enten.cy or di~soluti?n of any of the Undersigned or .that at any time, or from time to time, all liabilities may have been paid In fuU). ThIs Suretyship Agreement IS subject to discontinuance as to any of the UnderSigned only upon actual receipt by the Bank of written notice from such Undersigned, or any person duly authorized and acting on behalf of such Undersigned, of the discontinuance hereof as to such Undersigned; provided, how- ever, that no such notice of discontinuance shall affect or impair any of the agreements and obligations of such Undersigned hereunder with respect to (a) any and all Liabilities existing prior to the time of actual receipt of such notice by the Bank, (b) any and all Liabilities created or acquired thereafter pursuant to any previous -binding commitments made by the Bank, Ie) any and all extensions or renewals of any of the foregoing, (d) any and all interest on any of the forego- ing, at:'d (e) any and ~II expenses paid or incurred by the Bank in endeavoring to coUect any of the foregoing and In ,enforcing ,this Suretyship Agreement against such UnderSigned. All obligations of the Undersigned under this Suretyship Agreement shall, notwithstanding any such notice of discontinuance, remain fully In effect until all liabilities not subject to an effective notice of discontinuance (including any extensions or renewals of any thereof) and all such interest and expenses shall have been paid in full. Any notice of discontinuance by or on behalf of anyone of the Undersigned shall not affect or impair the obligations hereunder of any other of the Undersigned. At the option of Bank, all Liabilities of Borrower shall become immediately due and payable by the Undersigned, without demand or notice, in the event any of the following shall occur: (a) Borrower shall fail to make any payment or meet any other liability when due; (b) Borrower or the Undersigned shall fail to observe or perform any obligation, term, condition or provision of Borrower under any document evidencing or securing the Liabilities, this Suretyship Agree- ment or any_ other agreement, document, certlficate, instrument of security, suretyship or guaranty given by Borrower to Bank; (c) Any representation, warranty or certifIcate made or furnished by Borrower to Bank, in connection with the Liabilities or any other agreement, document, certificate, instrument of security, suretysl1ip or guaranty given by Borrower to Bank or in any certificate, financial statement or separate assignment made thereunder shall be materially false; (d) Borrower or any of the Undersigned shall make an assignment for the benefit of creditors; (e) Proceedings In bankruptcy or for reorganization of Borrower or any of the Undersigned or for the readjustment of any of their debts under the Bankruptcy Act, as amended, or in any part thereof, or under any other act or law, whether state or federal, for the relief of debtors now or hereafter existing, shall be commenced by or against Borrower or the Undersigned; (f) A receiver of trustee shall be appointed for Borrower or any of the Undersigned or for any substantial part of their assets; or any proceedings are Instituted 'for the dissolu- tion, or the full or partial liquidation, of Borrower or any of the Undersigned; (g) Material adverse changes in the financial condition of the Borrower or any of the Undersigned; (h) A death of Borrower or any of the Undersigned or, if Borrower or the Undersigned is a partnership, the death of any general partner; or (i) Borrower ceases doing business as a going concern. As security for the Liabilities hereunder, the Undersigned hereby grants Bank a security interest in the following: None T ogethar with a right, without demand or notice of any kind, at any time and from time to time when any amount shall be due and payable by the Undersigned hereunder and in such order of application as the Bank may elect, to set-off against all monies, deposits or other property of any kind, without limitation, owned by the Undersigned or in which the Undersigned as a joint or contingent interest and which are in possession of Bank for any reason whatsoever. The Undersigned further agree that, if at any time, any part of any payment theretofore applied by the Bank to any of the Liabilities is or must be returned by the Bank far any reason whatsoever (including, without limitation, the insolvency, bankruptcy or reorganization of the Borrower}. such Liabilities shall, for the purposes of this Suretyship Agreement, to the extent that such payment is or must be rescinded or returned, be deemed to have continued in existence, not- withstanding such application by the Bank, and this Suretyship Agreement shall continue to be effective or be reinstated, as the case may be as to such liabil- ities, all as though such _application by the Bank had not been made. In such an event the Undersigned hereby waives any right of contribution, subrogation or Indemnification against the Borrower, for a period of twelve (12) months subsequent to the last payment made or due to be made from Borrower to Bank. The Bank m,ay, from time to time, whether before or after any discontinuance of this SuretyShip Agreement, at Its sole descretion and without notice to the Undersigned (or any of them), take any or all of the following actions: (a) retain or obtain a security in"terest.iCl any property to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors in addition to the Undersigned, with respect to any of the Liabilities; (c) extend or renew for one or more periods (whether or not longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of any ot the Undersigned hereunder or any obligation of any nature of any other obligor with respecHa any of the liabilities: (d) release its security interest in , or surrender, release or permit any substitution or exchange for, ,all or any part of any property secunng any of the liabilities or any obligation hereunder, or extend or renew for one or more periods (whether or not longer than the original period) .or release, compromise, alter or exchange any obligations of any nature of any obligor with respect to any such property; and (e) resort to the UnderSigned (or any of them) for payment of any of the liabilities, whether or not the Bank shalt have resorted to any prope~ securing any of th~ Liabit~ties !or payment of ~y o~ the Lia~i1ities. or any obligation hereunder or shall have proceeded against any other of the UnderSigned or any other obligor primarily or secondarily obhgated With respect to any of the Liabilities. Any amounts received by the Bank from whatsoever source on account of the Liabilities may be applied by Bank toward the payment of such of the liabili- ties and in such order of application, as the Bank may from time to time elect and, notwithstanding any payments made by or for the account of the Under- signed_pursuant to this Suretyship Agreement, the Undersigned shall not be SUbrogated. to any rights of the Bank until such ti"'!e ~~ ~his Suretyship ~gr~ement shall have been discontinued as to all of the Undersigned and the Bank shall have received payment of the full amount of allllablhtles and of aU obligatIons of the Undersigned hereunder. The Bnak shall not be obligated under any theory of law relating to the marshalling of payment received or security interest granted under the terms of this Suretyship Agreement. 1U.. ,~ .c,^ ~ 1 "_-~ i, di-J,'~', ~"' ,I :~,<", ;'~ ,,,,,~~:~Cij_"~~i"liI~f""'" ,- ~ ~,~,z_j" Tl1e Bank may, from time to time, whether before or after any discontinuance of this Suretyship Agreement, without notice to the Undersigned (or any of them), assign or transfer any or all of the liabilities or any interest therein; and, notwithstanding any such assignment or transfer or any subsequent assignment or transfer thereof, such Liabilities shall be and remain Liabilities for the purpose of this Suretyship Agr.eement and each and every immediate and successive assignee or transferee of any of the liabilities or of any interest therein shall, to the extent of the interest of such assignee or transferee in the Liabilities, be entitled to the benefits of this Suretyship Agreement to the same extent as if such assignee or transferee were the Bank; provided, however, that, unless the Bank shall otherwise consent in writing, the Bank shall have an unimpaired right prior and superior to that of any such assignee or transferee, to enforce this Suretyship Agreement for the benefit of the Bank, as to those of the Liabilities which the Bank has not assigned or transferred. No modification or waiver of any of the provisions of this Suretyship Agreement shall be binding upon the Bank except as expressly set forth In a writing duly signed by each of the Undersigned and the Bank. No action of the Bank permitted hereunder shall in any way effect or impair the rights of the Bank and the obligation of the Undersigned under this Suretyship Agreement For the purpose of this Suretyship Agreement, Liabilities shall include all obligations of the Borrower to the Bank, notwithstanding any right or power of the Borrower or anyone else to assert any claim or defense as to the invalidity or unenforceability of aoy such obligation and no such claim or defense shall affect or impair the obligations of the Undersigned hereunder. The Liabir of the Undersigne for Liabilities of Borrower incurred on . the date hereof shall not exceed, at any time, the aggregate principal amol,Jntof .f.~IJ.f!. IllllHlfl-'11 I III II l:--ii-flI( {$ 400 J ()( J() ()O ), plus interest as stated in the evidence of indebtedness given by Borrower to Bank and fifteen percent {15%) attorneys' commission; provided that this Suretyship Agreement shall also be applicable to and extend to any and all Liabilities, plus interest and costs as aforesaid, of Borrower arising after the date hereof even if the total of such Liabilities plus the Liabilities oustanding on or prior to the date hereof exceed the aforementioned aggregate principal amount If no limitation is inserted in this paragraph, there is no limit to the liability of the Undersigned to the Bank. ** The creation or existence from time to time of Liabilities in excess of any amount to which the right of recovery under this Suretyship Agreement is limited is hereby authorized. without notice to the Undersigned (or any_of them), and shall in no way affect or impair the rights of the Bank and the obligation of the Undersigned under this Suretyship Agreement T!1e Undersigned, individually and jointly, do hereby authorize and empower any prothonotary or clerk or attorney of any court of record of Pennsylvania or elsewhere, to appear for and confess judgment against any or all of the Undersigned.in favor of Bank for the total liability of the Undersigned as set forth hersin together with interest thereon, with or without declaration, with costs of suit, release of errors, without stay of execution and with fifteen percent (15%) for collection fees, and waive the right of inquisition, and the benefit of aU exemption laws now or hereinafter enacted, and agree to -condemnation and the sale of real estate or personal property, or a writ of execution. In the event the Bank acquires any property securing this Suretyship Agreement after a foreclosure sale as to real property or a public auction sale as to personal property, the Undersigned agrees to indemnify and hold the Bank harmless from any loss, costs, or expense which the Bank 'may sustain as a resutt of: (a) selling the real or personal property so acquired for less than the total sums owed by the Borrower to the Bank, provided, however, that any such sale by the Bank is done in a commercially reasonable manner or (b) any action brought against the Bank under ~548 or~544(b) ofthe United States Bank- ruptcy Code, as amended, on the ground that the consideration paid by the Bank for the real or personal property was not "fair equivalent value," within the contemplation of ~544lb) of the United States Bankruptcy Gode, as amended, or any applicable state fraudulent conveyance act. The Undersigned waive and release the Bank from any damages which the Undersigned may incur as a result of any intentional or unintentional or negli- gent action or inaction of the Bank impairing,' diminishing, or destroying any of the Undersigned's rights of subrogation which the Undersigned may have upon payment of any of the Borrower's obligations. The Undersigned acknowledges previously having waived; under certain conditions, any such rights. The Undersigned hereby agrees that this Suretyship Agreement shall apply to any obligation which the Bank may incur as the result of any payment to Bank by or on behalf of the Borrower which is determined to be a preference payment benefiting the undersigned, If a photostatic copy hereof shall have been filed in any of said proceedings, it shall not be necessary to file the original as a warrant of attorney. The forego- ing warrant and power to confess judgment shall not be deemed to have been exhausted by any single exercise theraf, whether or not any such exercise shall be held by any court to be invalid, voidable or void, but may be exercised from time to time, as often as the Bank shall elect, until all sums payable or that may become payable by each of the Undersigned have been paid in full. A subsequent guaranty or suretyship by the Undersigned or any other guarantor or surety of the Borrower's Liabilities given to the Bank shall not be deemed to be in lieu of or to supersede or terminate this Suretyship Agreement but shall be construed to be additional or supplementary unless otherwise expressly provided therein; and in the event the Undersigned or any other guarantor or surety has given to the Bank a previous guaranty or Suretyship Agreement, this SuretyShip Agreement shall be construed to be additional or supplementary, and not to be in lieu thereof or to terminate such previous Sure- tyship Agreement, guaranty or guaranties unless expressly so provided herein. . . . This Suretyship Agreement shall be binding upon the Undersigned, and upon the heirs, legal representatives, successors and assigns of the Underslgn_ed, and to the extent that the Borrower or any of the Undersigned is an entity such as a partnership, limited partnership, limited liability company, corporation or any other similar entity, all references herein to the Borrower and to the Undersigne?, respectiv,ely, shall be deemed to"include ~ny s~ccessor or su~cessors, whether immediate or remote, to such entity. If more than one party shall execute thiS Suretyship Agreemen~ the term UnderSigned as used herein shall mean all parties executing this Suretyship Agreement and each of them, and all such parties shall be jointly and severally ?bligated hereund~r. . This Suretyship Agreement shall be construed in accordance with and governed by the laws of the State o~ PennsylvanlB:- Whereve.r poSSible, each provl.- sian of this Suretyship Agreement shall be interpreted in such manner as to be effective and valid under applicable law ~u~ .If any prOVt.sl?n of. thiS S.ure~shlp Agrsement shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibItion or Invahdity, wIthout Invalidating the remainder of such provision or the remaining provisions of this Suretyship Agreement . INTENDING TO BE LEGALLY BOUND HEREBY, the Undersigned have set their respective hands and seals the day and year first above written. WITNESS OR ATTEST: Title: Title: Claude lfueeler, Sr. and (SURETY) JJJAnn lfueeler , By (~~iL~hd.;,e Title:..... ude ~ ee er (SEALI (SEALI (SEALI By: Title: ;d, This Suretyship Agreement is in addition prior Suretyship Agreement(s). Title: 5/93 to and not substitution for any L-315 . ~.. ~-,,"~. --,~" . I . -, ~- -, ~~,. . -c .-:.,< 2~__~' 'n - ,;~,' - j,;'",I!,-:;",~>'<'~',,~0!"'- ",,-,,> {~, _',k,.i,"'~'~~'_'",,-~,,,,,;"h) ,,,,' ,'~< ~_/,,;,,., :::""Sjlij ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0(- f-lfS'-/ Gc>c-L ~~ CONFESSION OF JUDGMENT v. CLAUDE WHEELER, SR. and JOANN WHEELE:R Defendants CONFESSION OF JUDGMENT By virtue of the authority conferred by the Suretyship Agreement, a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against the Defendants for the sum of $358,019.35, and costs of suit. EUS ~p;inSkY' Jr. Attorney for Defendants by virtue of the authorization contained in the Suretyship Agreement ~~i'~~~~-di-" ~~:.w~',Ii . ..... ..~.....~iIiii'''~."'.. '~"''''W''''''~'_' -:-':';.\f_~W[f'~ "", r ' ,- ,,-~-:, ';"w '~--'><"--' -t;). ~~~~ r~:s~ "::'i '-J 1vr :J ~ c-,\ i 0 ---~=~ -=._~, --~"~-,?-"" ~, - - " "~~._.. __ =H",,~ "~ . - -.-, ~ " (] c :;::~ "TJit ~qj ~'l~~ C!)~.. -<(>-: [;::'-' ~..) ~~, >c ~ -< . ,. -~ ... - c::) o T! .., :----'1 ';~ :'.:}~C' ~h-j , ,'j.: ::t:. ~~~',; n l~ ---l }.-;; -< ;r.: C.:J: ~< ,- .~ ~ ~= '?? -:::> ~- ~ 0L!~ 71 ,-I - ~",'." ~--,-., -=.- ""e-" -,._- -.,--' -'-"""'''I'~.i'^''"'"'''---_'M~'',"~"'~'",_~;",,,-'_' ,,,,,,"',,,,,,;,; ,,,,00 -,;.- (1:" ~- --- "=-'~:;-:--1~'};'~,: '. . ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. NO. 01-6454 CIVIL TERM CONFESSION OF JUDGMENT CLAUDE WHEELER, SR. and JOANN WHEELER Defendants PARTIAL RELEASE OF JUDGMENT TO THE PROTHONOTARY: Kindly release only the property described in Exhibit A, being 840 State Street, Lemoyne, Pennsylvania, from the lien of this judgment. Date: January 10, 2003 KEEFER WOOD ALLEN & RAHAL, LLP By: ~ R.J Eugene E. Pepinsky, Jr. Attorney 1.0. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Allfirst Bank '- . " <'C I ~ ,,,; .l,~I-' . ,-~--,---,,'-" -""'-'__1" , '" - "--,, ',- -, c'~'!J>jj;i" 717 761 1435 717-761-1435 SAM ANDES 863 P04 JAN 10 '03 09:08 . . EXHIBIT A ALL THAT CERTAIN parcel of land located in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, being lot 4 of the Subdivision Plan for Claude Wheeler recorded in Cumberland County Plan Book 84 at Page 45, more particularly described as follows: BEGINNING at an iron pin at the corner of lots 3 and 4 of the above referenced subdivision plan; thence along State Street North 85 degrees 51 minutes 58 seconds East a distance of 143.54 feet to an iron pin; thence along lands now or formerly of Susan S. Smyser South 00 degrees 00 minutes 12 seconds West a distance of 102.38 feet to an iron pin; thence along lands now or formerly of said Susan S. Smyser North 88 degrees 59 minutes 55 seconds East, a distance of 21.46 feet to an iron pin; thence along lands now or formerly of said Susan S. Smyser South 00 degrees 00 minutes 12 seconds West a distance of 51.69 feet to an iron pin; thence along lands of Cons:olidated Railroad North 89 degrees 00 minutes 57 seconds West a distance of.167,;07 feet to an iron pin; thence along the previously mentioned lotNo~ '3 North 00 degrees 59 minutes 03 seconds East a distance of 141 .26 feel. to an iro':1 pin, the point and place of BEGINNING. TOGETHER WITH.AND UNDER AND SUBJECT to a 24-foot wide cross access easement with lot No.3 of the aforementioned Subdivision Plan. UNDER AND SUBJECT to all rights, restrictions. easements and rights- of-way of prior record. ~j;jJ:biij'i-~"~~~~~o/>l'ii."'ijE-;".~'-.if.t*",iI.'{(<Ji:\,~"MI~~~l\.1ik;;lW.mai~i~Wi'"'' ,'"",,1..'IiIIiB~1 -_.'.' "~"~ ~ ~-"."" .~< ~ . ^" ~ ", N ~ ~~,~ ."<"- - ,,' -. ~,,~'~Jlt '. j ~ . . , n C) C <."., -;:0'- '- .lfi vEl-': () O]~.,!_ " 1;) 'i C> ~2~~: 1"......' t 0- '-:~ (::-) ~ fSC ~ e--r :~ -:-n - j:~ r:~ ~:~~i~ tJ ~-J ~J ''0 > ::D ..,) .-\ -< " )-i ~ .. - .v..""."'' f,C""i;".,"M -.,,_',_, ," , I. ." , M & T BANK, successor to ALLFIRST BANK and DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL..VANIA CIVIL ACTION - LAW vs. NO. 01-6454 CIVIL TERM CLAUDE WHEELER, SR., and PATSY L. WHEELER, CONFESSION OF JUDGMENT Defendants PARTIAL RELEASE OF JUDGMENT TO THE PROTHONTARY: Kindly release on Iv the property described in Exhibit A, being real estate situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, from the lien of this judgment. KEEFER WOOD ALLEN & RAHAL, LLP Date: /1-(..-07 By: Se ~in~:' Jr. Attorney ID #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorney for M & T Bank .~ ',_"" . ,;",_-'_ c'c-" \ii, . . EXHIBIT A ALL THOSE TWO CERTAIN tracts, lots or parcels of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO.1 BEGINNING at a pOint on the northern line of Willow Street 56.97 feet from the northeast intersection of 7th Street and Willow Street; thence North 38 degrees 25 minutes West, 79.78 feet to a point; thence North 51 degrees 35 minutes East, 87.50 feet to a point; thence South 38 degrees 25 minutes East, 95.86 feet to a point on the northern line of Willow Street; thence South 62 degrees West, 88.97 feet to a point, the place of BEGINNING. I, BEING Lot NO.5 on the Final Resubdivision Plan for West Shore Radiator Works recorded in Plan Book 40, Page 66. HAVING thereon erected a one story aluminum siding building known and numbered as 671 Willow Street, Lemoyne, Pennsylvania. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record. TRACT NO.2 BEGINNING at a point on the southeast corner of the State Road and a 20 feet wide alley; thence in an easterly direction along the southern line of State Road, 35 feet to a pOint at the line of L..ot No. 83 in said plan; thence along the line of Lot No. 83 in a southerly direction, 154 feet, more or less, to the line of a 20 feet wide alley; thence along the northern line of said 20 feet wide alley known as Erbs Avenue; thence along the last mentioned 20 feet wide alley in a northerly direction, 146 feet, more or less, to the southern line of State Road, the place of BEGINNING. BEING Lot No. 82, North Riverton, in Plan of Lots known as Plan NO.3 North Riverton, Pennsylvania, recorded in Plan Book 1, Page 40, Cumberland County Records. HAVING thereon erected a frame dwelling known as 680 State Road. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record. ~~~'" "~i~~i(i'1r-' ['~'~d~i:~i\itiiil!j~WJdlWfi;j~"""[<<1i'if<"B$."j~~N_.ocjl~--J"'" -"<1"':'-i:k)'~",j',,;_, 'j '- Cc ;:~ w[-2 ~i~~: (') ~~ 7' . C-'::' .~ ,;J'~~_, '-~ j::'. '. <:5 to (\,j >- ,.- -~,~ '~)'7 -..J~( :~, 'rjlu "] ., ::.~"{)... :5 () c- O N) -it cJ \;) ~ U \:l N ('l C!L d <E d- ~ ... ~ c3 ,t;. o c: .!3 C) C) l.€) ~ ~ :3 b.L CJ c..-:'.i ~ c") :::;, 4:) CL ( / , ,i~ /) '\0\ " \ '0\ :".J;;~,~;~t.'J!!!L:,>_:,.I,,~ ';""'--' .,.,..~.."JR UL~, ,~,~,p"";t'"",,,,,,~,,,, _,_" C_,> "'.... _ ,<~,_ "^"'__ -"j"I~'MIiiiln:h. 60 (Y') -::I- "::J- - ~ u Q) ~ -r,,"~"~ . _ " __~ r ,__o,~~___, - 'r -~"'-~- ~ I . ....,jj ~I r .. . M & T BANK, successor to ALLFIRST BANK and DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff vs. CLAUDE WHEELER, SR., and PATSY L. WHEELER, Defendants '" .",,- ""-'1 \;" - -,-";"-,,",,,~', ~o, ,;, -~_---,'-'i -"';:,'---''.-'- -,~-,,"" 'r. "'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6454 CIVIL TERM CONFESSION OF JUDGMENT PARTIAL RELEASE OF JUDGMENT TO THE PROTHONTARY: Kindly release on Iv the property described in Exhibit A, being real estate situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, from the lien of this judgment. Date: /1-/'1-0] II KEEFER WOOD ALLEN & RAHAL, LLP By: ~Q&lr- Eugene-\:. Pepinsky, Jr. Attorney ID #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorney for M & T Bank :<fI'; [l . ~u.~ '. ,. l- ,-~ ..- " ,-" "<,";~'fI' ".-"j'-"" -~"-' ,,,--,--,,,',~, ., --.;"".;"',. ,'." -"!- -. '~~T~ .. . EXHIBIT A ALL THAT CERTAIN tract or lot of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point marked by a nail on the southern line of State Street in the Borough, which point is identified as the "primary control point" on the Plan of Lots described below and which is along lands now or formerly of Susan S. Smyser; thence, along the southern line of State Street, North 85 degrees 51 minutes 58 seconds East a distance of 87.81 feet to a point on the line which separates Lots 1 and 2 on the hereinafter mentioned Plan of Lots; thence, continuing along said dividing line, South 00 degrees 59 minutes 03 seconds West, a distance of 106.38 feet to a point on or near the right-of-way line of Consolidated Railroad; thence, South 89 degrees 00 minutes 57 seconds West a distance of 90.81 feet to a point along the lands of Susan S. Smyser; thence, along said lands, North 02 degrees 56 minutes 03 seconds East, a distance of 98.60 feet to the point or place of BEGINNING. BEING all of Lot NO.1 as shown on a subdivision plan for Claude Wheeler, which said plan is dated 6 September 2001 and is recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 84, at Page 45. Containing, in accordance with said plan, 9,126 square feet and being improved with a commercial '. building known and numbered as 922 State Street. __ .____ II j~ _jf~:~~illi' '~~~~~~~~";;i;;.~t:th'ig~p~~~~lIllili~~~ .-; ",._,- ,," ,~ ^"~ ~ & ~ - - .~ - .~ . ~.." ~_.~ --",.".,,,, ~"- ~" ~.",,- ,~"'" -~.;' ~~-- - .. . r2 ~- CA. < :':'e vli~; lTie. --) ~ ' , z:.i' ~ ~~;[: , ") :-- r:''''- ~2 ~ \ <'--- "T: ;;O:r .,2:"'..' --.. (-~ )::'''. r...~ ~ C: :~ifT""; :?: =:> . , ""-.: =2 ;;..~, ~. ~ rn '::0 , ~ -..t:: t ~~ .11 ~ .. M & T BANK, successor to ALLFIRST BANK and DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff vs. CLAUDE WHEELER, SR., and JoANN WHEELER, Defendants TO THE PROTHONOTARY: . --'''I , ", . c-' " - - - ~ _ '"" ~'d_i";,,,j" ,,- ":-~'~.w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6454 CIVIL TERM CONFESSION OF JUDGMENT PRAECIPE Please release the premises described in Exhibit A, which is attached to this praecipe, from the lien of the judgment in the above matter. ATTEST: ~v~ Date: 5 - 3 . cy M&T BANK By:T.-J6c~.k: . ,.- JI ",-" I. , , ~ ",__'-""', -~'-.- I_~'-S"-; -.; >~':;- "-"'-'-"d'"",_",-,'x:<i-'--' <.'-c '/o~'o~-I:11~:,' I ; ''''' SCHEDULE A ALL THAT CERTAIN tract or lot of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEING at a point on the southern right-of"way line of State Street in said Borough, which said point is on the line dividing Lots 2 and 3 on the hereinafter mentioned plan of lots; thence, along the southern right-of-way line of State Street, North 85 degrees 51 minutes 58 seconds East, a distance of 247.04 feet to another point on the said right-of- way line, which said point is also on the line dividing Lots 3 and 4 on the hereinafter mentioned plan; thence, along the said dividing line, south 00 degrees 59 minutes 03 seconds West, a distance of 141.26 feet to a point on or near the right-of-way line of Consolidated Railroad; thence, continuing along or near the said right-of-way line, North 89 degrees, 00 minutes, 57 seconds West, a distance of 246.36 feet to a point on or near the said right-of-way line, which point is also on the line dividing Lots 2 and 3 on the hereinafter mentioned plan of Lots; thence, along said dividing line, North 01 degrees 07 minutes 47 seconds east, a distance of 119.22 feet to the point or place of BEGINNING. BEING all of Lot 3 as shown on a sub-division plan for Claude Wheeler, which said plan is dated 6 September 2001 and is recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 84, at Page 45, and containing, in accordance with said plan, 16,155 square feet and being improved with a commercial building known and numbered as 850 State Street. BEING part of the same premises which Claude Wheeler, Sr., by his Deed dated 29 July 1988 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 33, Volume N, Page 341, granted and conveyed onto Claude Wheeler, Sr. and Patsy L. Wheeler. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record. II ""'i _~i'1iri: "':".i..\'Mi:" '-"d"i'ii!iR!,!!Iilli_~B?~~~';II\i.i\tiVf;,<;j;,~~.;y.klii,,'Mlt~~~{~-,~~' :"0,~_ ~_n"'~, .,"_<>n,_''''''''_"..~ ~~, ~ __. .","",""_ " '""~;tljf,[ ,"'" '''"'''''j'''"'-'~~~ '. ~,~ !Ml!\ -.r ',.<' (") ...., ~ = 0 c: = -n ~ .r:- 'Jl-':' ::l1: ~-n '" ~~( ",. ~ t:, -< r- ~ -"7r" I -o~ ~ ~i; 0"\ 9 '~ , -,4-"i '- ~~~)- -0 -J--n i:;; ~ ~ ::1: 05 )>,-, 2m "J <.=- "--')' t:I 5 ;:::1 '" '> C\ -<:: t. -< c..;J ~:o ...... en -< t ~ t ~ 63 qa- _'~',"",,_~"" '^'_..... .~ =, " ,~"'~",.~ ,,,^,~'c,_,,,,,~,". __~ L","" ;". ,..r ~~ ~,.~= ~ M & T BANK, successor to ALLFIRST BANK and DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff vs. CLAUDE WHEELER, SR., and JoANN WHEELER, Defendants TO THE PROTHONOTARY: --I^'. " ",--,',,-._-,' .',..,,-" '",-, 'r.,""'-", <- ~"'''';.~~:ii I -- J } ) ) } ) ) } ) ) } IN THE COURT OF COMMON PLEAS OF CUMBERL..AND COUNTY, PENNSYLVANIA CIVIL.. ACTION - LAW NO. 01-6454 CIVIL TERM CONFESSION OF JUDGMENT PRAECIPE Please release the premises described in Exhibit A, which is attached to this praecipe, from the lien of the judgment in the above matter. ATTEST: ~._~.L~ Date: 5"- 3. ;'0 czj. il M&T BANK By: ;r::67 )J1~ / ",~,-' ~ ~ -= ~' "~ .1 ,__~-_ "~"- " - """.~' , --L_"~,K,,\Jf-i";"-'-' 'I ; SCHEDULE A ALL THAT CERTAIN tract or lot of land situate in the Borough of L..emoyne, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEING at a point on the southern line of State Street in the Borough of Lemoyne, which point is on the line dividing Lots 1 and 2 of a hereinafter mentioned plan of lots; thence, along the southern line of State Street, North 85 degrees 51 minutes 58 seconds East, a distance of 143.96 feet to another point on the southern right-of-way line of the said State Street, this point on the line dividing lots 2 and 3 on the hereinafter mentioned plan of lots; thence, along the line dividing Lots 2 and 3, South 01 degrees 07 minutes 47 seconds West, a distance of 119.22 feet to a point at or near the right-of-way line of Consolidated Railroad; thence, North 89 degrees 00 minutes 57 seconds West, a distance of 143.08 feet to a point also on or near the right-of-way line of Consolidated Railroad and on the line dividing Lots 1 and 2 on the hereinafter mentioned plan of Lots; thence, along the line dividing Lots 1 and 2 North 00 degrees 59 minutes 03 seconds East, a distance of 106.38 feet to the point or place of BEGINNING. BEING all of Lot 2 as shown on a sub-division plan for Claude Wheeler, which said plan is dated 6 September 2001 and is recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 84, at Page 45, and containing, in accordance with said plan, 16,155 square feet and being improved with a commercial building known and numbered as 900 State Street. BEING the part of the same premises which Claude Wheeler, Sr., by his Deed dated 29 July 1988 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 33, Volume N, Page 341, granted and conveyed onto Claude Wheeler, Sr. and Patsy L. Wheeler. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record. Exhibit ~ . ~ii'ln~~~illliii~:;'!!~M>>~~fuit\lil:Ml1..~.,h,,;t~"'\M..,.;[:,;," ~.~... -dO"',.';''''''''' .-.:"-,.i-'b't-i;;",..:,,;,,,~;,~~i~b__a;1)l;Wl,~!il!lIIlj~fiiitJjlQ;llll~_~~~- -1.- ~f}l ~~'~~'. . ~_~""'.""___'_M_A""'~ .<.~ ." .J'",."",._, ~-- ~ ^. ._~'; l2 ''- (::) "71 ~ 8 "- ~ --0 ~ ~ ........ "'" ~ -...c: "1- '{:-- ,.""~. ~~ ~ - ~.- -, ".,"~.' o c:: :~f/F~ ..::::.: ~<~; r;::(-.' S:,-" 'f::~_ " :;''':'r\ :~ ~ ..< ", - ,...;:::. CD J 0Y t\.) "=> i1H 1 T" "" . "'" "" "" ..<- ~ :::"'" ~'" o -q ::;:j rii ;g :}:JII} ?'5y ~~ 1fJ -"'c:; is:''') ~fi - . , M & T BANK, successor to ALLFIRST BANK and DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff vs. CLAUDE WHEELER, SR., and JoANN WHEELER, Defendants TO THE PROTHONOTARY: - '-';' ,":f .'" ;,,-,"..'-.I^;- --'""-"Zd;P''i,,~:-:,: '~~rJ",-o., 2 -,/j.c.," "J;'-L: '-,iI"~~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6454 CIVIL TERM CONFESSION OF JUDGMENT PRAECIPE Please release the premises described in Exhibit A, which is attached to this praecipe, from the lien of the judgment in the above matter. ATTEST: ~.~. Cv~ Date: \. ) LL.iU...- .,xJ ,;lOb L\- ! ~ II M& T BANK By: )( ~c;W-&: i .., .. .YI ,J . . -~_' --..c',' '. ,I.....:.d:.:o -'.~-., - ~.'-- ';';"0"'--" "",_, ,..C',-, -r I I I , '0 EXHIBIT A ALL THOSE TWO CERTAIN tracts or parcels of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: TRACT NO.1 BEGINNING at a point marked by a rail monument where the northeasterly line of the 20-feet wide alley northeast of 7th Street meets the southeasterly line of Willow Street (20 feet wide), said beginning point being where the southeasterly line of the parcel of land containing 103,449.83 square feet, more or less, which has been conveyed by the Pennsylvania Railroad Company to L.A. Otto and D. K. Hollinger, t/d/b/a Otto & Hollinger, by deed dated January 13, 1947, meets said northeasterly line of a 20-feet wide alley; extending from said beginning point the following four courses and distances: (1) South 62 degrees 00 minutes West, along said southeasterly line of Willow Street, 600 feet; the following three courses and distances being by the remaining land of said Railroad Company; (2) South 28 degrees 00 minutes East, 30 feet; (3) North 62 degrees 57 minutes 16 seconds East, 600.08 feet; and (4) North 28 degrees 00 minutes West, 40 feet to the place of BEGINNING. CONTAINING 21,000 square feet, more or less. HAVING thereon erected a commercial building known and numbered as 670 Willow Street, lemoyne, Pennsylvania. UNDER AND SUBJECT to the reservations, easements, privileges, restrictions and agreements as set forth in the deed of the Pennsylvania Railroad Company to George C. Hoopy and Patricia R. Hoopy, his wife, said deed is recorded in Deed Book C, Volume 22, Page 133, Cumberland County records. EXCEPTING AND RESERVING therefrom the tract of land previously conveyed by Claude Wheeler, Sr., Wilbur D. Boyer and Donald L. Carter, Copartners, t/d/b/a West Shore Radiator Works by deed dated June 24, 1968, recorded in Deed Book V, Volume 22, Page 50, Cumberland County records, to Thomas J. Klingeman and Dorothy I. Klingeman, his wife. TRACT NO.1 BEGINNING at a point on the southerly line of Willow Street directly opposite the center line of 7th Street (20 feet wide); thence along the center line of a 20 feet wide easement, South 43 degrees 27minutes East, 36.44 feet to a point on line of land of Penn Central Railroad Co.; thence by the latter line, South 62 degrees 47 minutes 16 seconds West, 123.715 feet to land now or late of Thomas J. Klingeman, et ux; thence along the latter line, North 28 degrees 00 minutes West, 33.07 feet to the southern line of Willow Street; thence along the latter line, North 62 degrees 00 minutes East, 114 feet to a point, the place of BEGINNING. ...-;, ~ " BEING Lot NO.2 on the Resubdivision Plan for Thomas J. Klingeman, et UX, as surveyed by D.P. Raffensperger Associates, dated April 25, 1973, recorded in Plan Book 23, Page 155, Cumberland County records. UNDER AND SUBJECT to the rights of the public, the Pennsylvania Railroad Company, and the Borough of Lemoyne to passage over, upon and along said easement 10 feet wide at the easterly end of the tract above described, and to the other reservations, easements, privileges, restrictions, and easements as set forth in the deed of Pennsylvania Railroad Company to George C. Hoopy and Patricia R. Hoopy, his wife, dated July 22, 1966, recorded in Deed Book 22-C, Page 113, Cumberland County records. BEING part of the same premises which Claude Wheeler, Sr., by his deed dated 29 July 1988 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book N, Volume 33, at Page 341, granted and conveyed unto Claude Wheeler, Sr., and Patsy L. Wheeler, as tenants in common. The tracts included in this deed were identified as Tract NO.1 and Tract NO.4 on the prior deed. W"'ir-'iJfi.iIT~ilt"iii~~~~~!i!i*h,,!'t;;W.it:,~,.~m0,~~"""J~~Jfsj!mi~!l"aiiiiti~Ji.$Ml~ T ,-~~'""'---- - ~'riJlj_ir'="" ~,~~. liIitil .. B,' I . " (") ~ 0 <::> <A. c: = 'T1 -~ .r- ~... :r. 'T1 ~ ~ un:: C- U'\ ~~g c:: Z nl-- C' Z'-~- ~~ c q~?i-: s:)6 ....... ~ -"" ~c~ ....,...-r.; .>""; .- ;po Q:tJ ~ \ '.>l- Zl' ::!;: .._(-<. 70 ~ ~C '!? csrn 0 2' .... -;.;. -oJ J1 ~ N ::0 -.! -< " :> ~ (' ,- VI (f' J ~ (2,;H;"",A,,,if1J,,.~~J,:lM!\PJLMUJ'l L \""'-."'7L7'~lY"":' _,!,,;- L " f'i" ,-,-1'1: I",'-,~."'_' _" ~" -',., _,~' '.'"~"';.'_ 0 . ~, ,. ,0'" -., ,- - --~' ~'- "" >. ",'. '", w~ scPt L, r M & T BANK, successor to ALLFIRST BANK and DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 01-6454 CIVIL TERM CLAUDE WHEELER, SR., and PATSY L. WHEELER, CONFESSION OF JUDGMENT Defendants PARTIAL RELEASE OF JUDGMENT TO THE PROTHONTARY: Kindly release onlv the property described in Exhibit A, being real estate situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, from the lien of this judgment. KEEFER WOOD ALLEN & RAHAL, LLP Date: \~ ~b4Aa:w1.{ By: :s~,~ J, Attorney ID #23702 21 0 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1~63N C.. <:'::3 () (717) 255-8051 ~,; 5;2 "II }~ ~:,:': C/) Attorney for M & T Biink ~~~ :~! " f'-,] ,..--' -. f~~ iI~ ;-n C} , () "" -j'~ ?-:: ~J ,:---';,;-'1' . . ..\~ G.:: ....,. , ";,".... "U' .~. ,'<'. '~i;;, _ \ . SCHEDULE A ALL THAT CERTAIN tract, lot or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point 52.50 feet from the southeast corner of State Street and an alley; thence along the southern line of State Street North 51 degrees 35 minutes East, 35.00 feet to a point; thence South 38 degrees 25 minutes East, 75.00 feet to a point; thence South 51 degrees 35 minutes West, 35.00 feet to a point; thence North 38 degrees 25 minutes West, 75.00 feet and passing through the partition wall of the house erected thereon to a point, the place of BEGINNING. BEING Lot NO.3 on the Final Resubdivision Plan for West Shore Radiator Works recorded in Plan Book 40, Page 66, Cumberland County Recorder of Deeds Office and improved thereon with a two and one-half story semi-detached dwelling municipality known as 674 State Street, Lemoyne, Pennsylvania. BEING part of the same premises which Claude Wheeler, Sr., as Grantor, said deed I dated 29 July 1988 and.recorded in the Recorder of Deeds Office in and for Cumberland 1'1,,[,,' County, Pennsylvania, in Deed Book N, Volume 33, at Page 341, granted and conveyed unto I, Claude Wheeler, Sr., and Patsy L. Wheeler, as Grantees. I!i, Ii: ~ I i !:I I, :1 II I' i I' , " , ~~~'~:'I~.jjlWi!;ilWl~~~,fl,~'!i.iB~1'~'i-~mi,m;,'i;),J~~~:'i;@*~~a;ii#.~~inl-co.,;, ",- ~' , , , 11~I@tr~^~ ~ > ~Jil&Ml lIII~l" , l , , ) ~ ....., ~:::.' CI "0. 5i2 ~Tl ~ C/) -., 7V ~ r'~~J :c , Ii f,.q" ~o >IF II:.. C> r....) -DfT') ~O~j \) N ';-~C) - ..... ~ -,-11 G-r ~ C");::'< -V --...,......' ~ ~ ;>.::;tl; i'-',1 --.-..; ,.., ~'-", F .~O' ~ au .,j V,J -.< --....J 0 ~ /lJ -.l. -C 0 - . (, ..,- [ f ~ Wo. _'. ~ ",~_ "__, ,_~r._'. . ~~ . __ ~._".~.-. -~ ,,' ~ _ ~~, _,_~ .',"" ~,~ ~o .~ ~-- " ,-' ~"-' ~'",' -,~"----,,- :'K'-'w' "",__~, ,__,_ ; ','-"-,,,.'. _,,:1.--_; "~__'.-'":,J ,,-<, ,"'-., '" - -.-,,"-- ,----+~;;.,..-:,:, '-^, ',-' --- on ,;-,.-;, .;.::_~,;-" _', '"," C ~~-' "-,: -:'~;di ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff NO. 01-6454 Civil Term v. CONFESSION OF JUDGMENT CLAUDE WHEELER, SR. and JOANN WHEELER Defendants PRAECIPE TO THE PROTHONOTARY: Please mark this judgment "satisfied" by order of the Plaintiff. KEEFER WOOD ALLEN & RAHAL, LLP Date: September 28, 2004 By: Eugene . Pep sky, Jr. Attorney I. . # 702 210 Walnut reet P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Allfirst Bank -~- /-~:ii.~:&1-1. ':j'-":'~;;~;~';::~-~\<-;'",' " ~'--',,: --':_",',- --:~':;-:' -:'_:~;-. ':,,>,--,':<-',':~::i-:j-;;;i. -.;i..f-~;.Ii~~~";":'&:;-;:_IW~j)~RI&ii' 4'~ ~"'" - " ,~-, ,"", "~ ,_.. ,"c.,,', ~j , i7~ . ~ "~, ~ '. '-,,- U' "'0" o S~; ~~1:'r"'\': "",-' ,,:',.. l~,.- ~i~;~; ~~3 J;;.~; ="j -- ....., = = J:"" if) rn --0 [0 \.0 .- -,~-- -c :>> ~ -4 :t-n fn:;::::: _"tTt ~<('jO ()(- .~4._ :'1.. ..i !2(~ 1~ri1 --l ?E --<. t;'? - co