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Home My WebLink About01-06455 J' 0,,"-_,<'''___''--_;' ,~c"".' .-',' ""-< ~,~~'-"'-;,""I"':-'''-''.--';~-("',~,,o 'C_,;, "_'.-'0,',',;;",:",;;:,,._ -L""iht';-",C;;,\ 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.f~S (J"v~[ y~ CONFESSION OF JUDGMENT v. CLAUDE WHEELER, SR. and PATSY L, WHEELER Defendants NOTICE To: Claude Wheeler, Sr. and Patsy L. Wheeler, Defendants You are hereby notified that on November 14 ,2001, judgment by confession was entered against you in the sum of $358,091,35 inthe above captioned case. Prothonotary Dated: November ~,2001 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 ifl the certificate of residence, Claude Wheeler, Sr. 1920 Alcott Road York, PA 17402 Patsy L, Wheeler 233 Green Lane Drive Camp Hill, PA 17011 ~t~ Attorney for Plaintiff(s) ~--~-~ ".W' C '-,-,' " '~ >,'" __ ~<.,;__" ,-, - - .',--..:" ,-,-..",'--..--' ,,^ J",C "'--',,",>__f.-'__ -- -". '-"--^';";_'\~'_-;';{Ij;,.::c~,">.::,~,-",,:,,,,j<;:A:-,~. :-,:,:,'-:<;:'_~~;J,;;";:;__ -- :",-':";, "li'rf'J1, 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.OI-/"LfSS" CvJ ~~ CONFESSION OF JUDGMENT v. CLAUDE WHEELER, SR. and PATSY L. WHEELER Defendants NOTICE A Claude Wheeler, Sr. and Patsy L Wheeler, Defendido/as Usted esta siendo notifieando 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 LLEVAR IMMEDIATAMENTE 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 Certifieo 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 Patsy L, Wheeler 233 Green Lane Drive Camp Hill, PA 17011 C~ Abogado el emandante " ,"~"'~~ ,--' d',~ __""_""~'_"''''.c,,,>,,~,,: ",-,-;,-' ,--"0 ""'-',"""'1, ;;(,~"-",, -_, -'''>i;}_'';'~: ~C~,,,,-'_-,,,"i::_,..,;-,,~~,,;,.';;' ,', _~,:,~;~j -',< 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. Ol-/,<';SS (3~~C YULl CONFESSION OF JUDGMENT v, CLAUDE WHEELER, SR. and PATSY L. WHEELER Defendants NOTICE OF DEFENDANTS' RIGHTS Ajudgment 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, Date: November 13, 2001 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 By: ~~~ Eugene , epinsky. Jr. Attorney 1.0. #23702 210 Walnut Street P,O, Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Allfirst Bank ~ -~ - -, " 0, ,,,--,,, " ., ,"_, 'T"~' __,._'~.,;I_'- ~'--r;~' - f-.,,~,-,~-,~ .;.;",;.-.'"-.;1,,,_'<' ",,,', ,'~:;,;-S~;",,,;"':,";--:y,,j-:; ,~;_,.~i;-,",:",;,;~~. , ."6..:;. 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- ~Lt[)-S Ct'c>~L~~ CONFESSION OF JUDGMENT v, CLAUDE WHEELER, SR. and PATSY L. 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 Patsy L, Wheeler are adult individuals, Defendant Claude Wheeler, Sr. currently resides at 1920 Alcott Avenue, York, Pennsylvania 17402, Defendant Patsy L. Wheeler currently resides at 233 Green Lane Drive, Camp Hill, Pennsylvania 17011. 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 "An. 4, The Suretyship referred to in Paragraph 3 above has not been assigned by Plaintiff to any person or organization, -'"-",' "0 ~ ,~ -- , -~-- ~ -.'''' -- '" ",d-,"';' '_.'" "I ~-,:; ~',,"-'-".., I-~; , "-";;' _:;';;",j:_;,,",':,,",~:~'J_J~";~-"'&. ;:\':~~I:':'~lf' ~-,_ '-:__c- -~~(~);' 5, Judgment has not been entered against Defendants on the Suretyship referred to in Paragraph 3 above in any jurisdiction. 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: ~~e~k~, Jr. Attorney 1.0. #23702 210 Walnut Street P.O, Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Allfirst Bank - 2 - , -- -, . - ~ ^ ~, ~,'-:"" - -''.',--L -, '. '~,:"I - "-"- -:4"_ (, ''''~;,<fu',f '~~?;;__~; :~""'<" _, ' ",,--'''; ~I:I-,E,'~i , I 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. 9 4904, relating to unsworn falsification to authorities. ~. ~. c:.-'"L-- Jamin M. Gibson Dated: November 13,2001 f"! -.<- ~~ '_"~d~" .~ " ""'"' , ,1;.-- ~ - "- .."', L~i-'~'""'"'ftl,~~Di ~I'~~ _tQ\e v , ~ , I \..... - :., .''''\ -, ~ -f~.::;' ,- '::..,' :.> ~)~\ 1 J SURETYSHIP AGREEMENT ~~ ' JAUPHIN DEPOSIT BANK AND TRUST COMPANY BANK <JF PENNSYLVANIA . FARMERS BANK . VALLEYBANK (Bank of Pennsylvania. Farmers Bank and Valleybank are divisions of Dauphin Deposit Bank and Trust Company) k'" 't' \C(CI" Dat" ,~,---'\i '::_'-j _....:! . ,~~r value receiv~d, the U,:dersigned, jointly and severally, ~ereby unconditionally agree to make prompt payment of all obligations, indebtedness and liabilities due Dauphin DepOSit Bank and Tr~st Company. h,erelnafter called "Bank." of any kind, whether now existing or hereafter arising. due or which may l~rcome Sdue, wh~the{. by acceleratl~n or otherwtse, absolute or contingent. joint or several, direct or indirect. secured or unsecured by ,est ;hore Kaalator WorKS. Inc. hereinafter called ~Ij<?rrow,,:r." all such obligations being hereinafter further described and collectively called the MLiabilitles," and the Undersl9ned agree(s) to pay all ex~en.~e.s (including attorneys' fees and legal expenses, whether or not litigation is commenced) paid or incurred by the Bank in endeavoring to collect .the Liabilities. or ~ny p~rt thereof. ~ether or ~ot b~nkruptcy has been declared. and in enforcing this Suretyship Agreement. The liability of the UnderSigned hereunder IS a primary and dIrect obligatIon Without regard to any other obligor or security or collateral held by the Bank. Th~ Undersigned h~reby waive all notices. of any character 'whatsoever with respect to this Suretyship Agreement and the Liabi.lities of the Borrower for which the SuretyshIp Agreement has been executed. including but not limited to notice of the acceptance hereof and reliance hereon and notice of default by the Borrower. The Undersigned hereby give consent to the Bank to the taking of, or failure to take. from time to time. without notice to the ~nder~igned. any action of any nature whatso:ever '^1th respect to .th~ Liab~lities of the Borrower. with respect to any rights aaainst any person or persons, mcludmg the Borrower and any of the UnderSigned. In any property. including. but nor-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 all respects be a continuing. absolute and unconditional one, and shall remain in full force and effect (notwithstanding. without limitation, the death. incompetency or dissolution of any of the Undersigned or that at any time. or from time to time. all Liabilities may have been paid in full). 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, however. 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 e,.:isting prior to the time of actual receipt of such notice, by the Bank, (b) any and all Uabilitles created or acquired thereafter pursuant to any previous binding commitments made by the Bank, (c) any and all extensions or -renewals of any of the foregoing. (d) any and all interest on any of the foregoing, and (e) any and all expenses paid or incurred by the Bank in endeavoring to collect any of the foregoing and in enforcing this Suretyship Agreement against such Undersigned. All. obligations of the Undersigned under this Suretyship Agreement shall. not\lvithstanding 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 Agreement or any other agreement. document, certificate, 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, suretyship 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 shaU 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 or 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 dissolution. 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 or any of the Undersigned ceases doing business as a going concern. As security for the liabilities hereunder. the Undersigned hereby grants Bank a security interest in the following: Collateral as set forth in a Mortgage from Claude lVheeler, Sr. and Patsy L. ~fueeler to Dauphin Deposit Bank and Trust Company dated l.L../ :l<' ns; . rogether 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 has 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 for any reason whatsoever (including, without limitation, the insolvency. bankruptcy or reorganization of the Borrower), such I..iabilities 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 c:ontinued in existence, notwithstanding 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 Liabilities. 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 may. from time to time, whether before or after any discontinuance of this Suretyship Agreement. at its sole discretion and without notice to the Undersigned (or any of them), take any or all of the following actions: (a) retain or obtain a security interest i,n any prop~~ to secure any ?f the liabilities or any obligation hereunder; (b) retain or obtain the primary or s~ondary obligation of any obligor or o~h~or$ In ,addItIon to the UnderSigned. with respect to any of the Uabilities; (c) extend or renew for one or more penods (whether or not longer than the onglnal penod). alter or exchange anY,of the Liabilities. or release or compromise any obligation of any of the Undersigned hereunder ~r any oblig~tio.n of any' nature of any other obligor WIth respect to any of the Liabilities; (d) release its security interest in. or surrender. release or perrrllt _any substitution or exchange for, all or any part o,f ~ny property securing any of the Liabilities or any obligation hereunder. or exte-nd or renew for one or, more periods (whether or not longer than the angInal period) or release. compromise. alter or exchange any obligations of any nature of any obligor With respect to any such property: and (~) resort to the Undersigned (or any of them) for payment of any of the Liabilities, whether or not the Bank shall hav~ resorted to any property. s~cunng any of the Liabilities for payment of any of the Liabilities. or any obligation her~u~~~r or shall have proceeded agaInst any other of the UnderSigned or any other obligor primarily or secondarily obligated with respect to any of the liabilities. .'. . _ Any amounts received by the Bank from whatsoever source on account of the Llablhtll;'!s may be applied by Bank toward the -payment of such of the Liabilities and in such order of application, as the Bank may from.time to time elect; and. notwithstanding any payments ma~e by or,for the ac:count of t~e Undersigned pursuant to this Suretyship Agreement, the Undersigned shall not be subl'ogated to a~y rights of the Bank until such tlme as >tht~,~uretyshlp ,Agreement shall have been discontinued as to all of the Undersigned and the Bank shall have receIved payment of the full am?unt of alll1ablhtles _ and of all obligations of the Undersigned hereunder, The Bank 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. - CE.12S-1 7/96 - . " " A"_"~ I" ~ -i~.>~;f:jWi:-~~~1,~', The Bank ,may, f;om time to time, whether ~ _,r~ or after B!1Y drscontinu~nce of this Suretyship Agr~ ,lent without notice to the undersigned (or any of ,them), aSSign or transfer any or all, of .t.h~ Llab.lltles or any l~~tere.st !~erem; and. notwithstanding any su,:h assignment or transfer or any subsequent assignment _or tran~fer thereof. such LIabilities shall b~ a!".~ rema.n Liab~htles for the purpose of this SuretyshIp Agreement and each and every immediate and s.ucc::~sslve asslg~ee or transferee of any of. the Llablht!es or of any Interest therein shall, to the extent of the interest of such assignee or transfare€: in the Liabilities. be entItled to the benefits ~f thIs Suretyship, ':\9reement to the same extent as if such assignee or transferee were the Bank; provided. however, that unless the Ba!1k shall oth~lWIse consent In wntlng, th~ 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 modifi~ation or waiver of any of t.he provisions of this Suretyship Agreement shall be binding upon the Bank except as expressly set forth in a writing duly slgne,d by each of the Und~rslgned and th.e Bank. No action of the Bank permitted hereunder shalt in any way affect 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 any such obligation and no such claim or defense shalf affect or impair the obligations of the Undersigned hereunder. The Liability of the Undersigned for Liabilities of Borrower incurred on or prior to the date hereof shall not exceed, at any time, the aggregate principal amount of FOllr hllnilrpil 'T'h(jlH~;:mil ::mil nO!1 nn ($ LLn~ QRO no ), plus interest as stated in the evidence of indebtedness given by Borrower to Bank and fifteen percent 1-5 attorneys' commisSion; proV1ded 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 outstanding 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 fight 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. The Undel'signed, jointly and severally, 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 herein together with interest thereon, with or without declaration, with costs of suit, release of errors, without stay of execution or gamishment and with fifteen percent (15%) for collection fees, and waive the right of inquisition. and the benefit of all 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 result of: (a) selling the real or personal property so acquired for less than the total sums owed by the Borrower to the Ban\<;. provided, however. that any such sale by the Bank is done in a commercially reasonable manner or (b) any action broughtagainst the Bank under 9548 or ~544(b) of the United States Bankruptcy 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 9644(b) of the United States Bankruptcy Code. 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 negligent 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 pre~ouslv 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 foregoing warrant and power to confess judgment shall not be deel'!l~d to have been exhausted by any single exercise thereof, 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 gu~ranty or Surety~hip Agreement, this Suretyship Agreement shall be construed to be additional or supplementary, and not to be in lieu thereof or to terminate such prevIous Suretyship 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 Undersigned, and to the extent that the Borrower or any of the ~ndersigned is an entity such as a ~artnership, lil1}'ited partnership. limited ,liability company, corporation or any other similar entity, all references herem to ~he Borrower and to tl19 UnderSIgned, resP8?tlvely, sha!l, be deemed to mclude any successor or successors, whether immediate or remote, to such entity, If more than one party shall execute th,s Suretyship Agreemen~, ~he 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 obligated hereunder, " . . This Suretyship Agreement shall be construed in accordance with and governed by the laws of t~e Commonwealth of PennsylvanIa W1thou~ giVing. effect to choice of law rules. Wherever possible,each provision of this Suretyship Agreement _shalt be Interpreted In such manner as to be effective and 'Valid under applicable law but if any provision of this Suretyship Agreement shall be prohibIted by or invali~ ~nder such law, .s';lch prov!s!on shall ~e ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such prOVISIon or the remamlng 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, (SURETY) ide: , i' By: By, :tleZ;~~jht~ 'e, /7 L 1 U' v. f J.- By: Title/' ;1' t'--(11' (SEAL) -ritle: itle: (J f" 0, (SEAL) (SEAL) ~ if: -7(1' L.: CE-128-2 7/96 "',,", ~I - /-"', I '- ,_, -" ' . - ,,'.-~ ,..,-, ,-,'~ ,I,;, -;, -, -.,-. ',-:' -, -><,~,,-~~','<k-'-', '-;"- ;".' &;0,-''''' ,'''~- "-,;l-jl'i''#..i 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. c)/~t...'I~S C':>tL '-r-~~ CONFESSION OF JUDGMENT v. CLAUDE WHEELER, SR and PATSY L. WHEELER 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. L6-r~L~ ~ Eugene E. Pepins y, Jr. Attorney for Defendants by virtue of the authorization contained in the Suretyship Agreement :'iih",~t.~:t~~", ;;"'.0.-;,' ~~:';:~k;~;-;"_'; '~- -::_~~ -;-~~'~~~-i~~ri~~~ -- '''0 --- '0_"_ ;"',-'" ,--;, ,,,:-'.' --"~-b"-'-"- -''''''~'''4~~-""'' " ",. '~'~"""" "",;,,", 000 ' < -~ ~ ~ o p2 ~ t1~ s ~ ~ 3 ~ .c. r ~ ~ ~ ~ ''''-';---' Q 0 c ~ -oUi ';2(' z~: .1'- O)~;~," ~~~-, ~ ~,,-,,) ::1;: )>('> :4 C) ::J>c: ~ =< ',,," ~"" ~-'" ,~~ ~'~ .i ~, ''---' .--n - f5 ,'"--::: "J~~:' ;:"7 :b "i _, :~'~'J ~--, ,0,. <~ ' ::':'~-rn s~ .~ ~ -<. 9? ,? (:0 I~ '-'.)L;~ ~ 1'';1, " " l,.;~ -",,' "~ ~" ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CLAUD WHEELER, SR. and PATSY L. WHEELER NO. 2001-6455 CIVIL ORDER OF COURT AND NOW, this 31sT day of DECEMBER, 2001, upon consideration of the Defendant's Petition to Open and Strike Judgment, IT IS ORDERED AND DIRECTED AS FOLLOWS: (1) A Rule is issued against Plaintiff to Show Cause Why the judgment should not be stricken. (2) Plaintiffs shall file an answer to the motion within twenty (20) days of service. (3) The motion shall be decided under Pa. Rule of Civil Procedure 206.7. (4) Any depositions shall be completed within thirty (30) days after Respondents'file an answer. (5) Briefs shall be filed in chambers on or before FRIDAY, MARCH 1, 2002, and argument shall be held in chambers on MONDAY, MARCH 4, 2002, at 9:00 a.m. Provided, however, that if no answer is filed, either party may list the matter for argument at the next scheduled argument court. J~ -' - ~~ -, , I, ,:- ili,illi--' ''-' "E&~1:-(.~ (6) Notice of the entry of this order along with a copy of the petition shall be provided to Respondents and all parties by Petitioner. (7) All matters to stay pending Eugene E. Pepinsky, Jr., Samuel L. Andes, Esquire :sld ESqUire) By ~~ 1_0.2-0:2..- 7-' 0 0 () c: ,"1 ;?:: c::l -0 (Ie ~71 -yo rnrn ("') Z:JJ W _~~_~,~i ~S;; - L_ L1~~ r.;.c; -0 ~~. ::::; :#t~); u -C) r. :J:>c: .. -, Z - :J> =< <0 ~ --", ,-- ,>1,,",. ,-'- : -" -",;-~ '~, ';, ,',.~ """-;'-~i:40.,,,';- ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs, NO. 01-6455 CIVIL TERM CLAUD WHEELER, SR and PATSY L, WHEELER, CONFESSION OF JUDGMENT Defendants ORDER AND NOW this day of , 2001, upon consideration of the attached Petition to Strike and Open, a Rule is hereby issued upon the Plaintiff, Allfirst Bank, to show cause, if any they have, why the Petition should not be granted, The Rule shall be served upon Plaintiff's counsel of record and shall be returnable _ days from the date of service, All matters to stay in the meantime, pending further order of this court, BY THE COURT, J. Distribution: , :1' Eugene E, Pepinsky, Jr" Esquire (Attorney for Plaintiff) 210 Walnut Street, P.O, Box 810, Harrisburg, PA 17108-1963 Samuel L, Andes, Esquire (Attorney for Defendants) 525 North 12th Street, Lemoyne, PA 17043 i ! II '"~ ~;:J."+,,, ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs, NO, 01-6455 CIVIL TERM CLAUD WHEELER, SR. and PATSY L. WHEELER, CONFESSION OF JUDGMENT Defendants PETITION TO OPEN AND STRIKE JUDGMENT AND NOW comes the above-named Defendants, by their attorney, Samuel L. Andes, and petition this court to strike or, in the alternative, to open the judgment entered against them by confession on 14 November 2001, and aver in support of that petition, the following: 1. The Petitioners herein are the Defendants in the original action. 2. The Respondent herein is the Plaintiff, Allfirst Bank. 3, Plaintiff confessed judgment against Defendants on 14 November 2001 by filing a Complaint. The judgment was entered on the basis of a "Surety Ship Agreement" which was dated 20 November 1999, PETITION TO STRIKE i, 4, The "Surety Ship Agreement" was not signed by the Defendants in their individual capacity. 5. The "Surety Ship Agreement" signed by the Defendants was signed in their representative capacity, as chief executive officer and secretary, of the primary debtor, West Shore Radiator Works, Inc, 6. Because the Defendant signed the "Surety Ship Agreement" in a representative capacity, as representatives of West Shore Radiator Works, Inc., they are not personally liable on such agreement. 7, Because the Defendant signed the "Surety Ship Agreement" as representatives of West Shore Radiator Works, Inc., the confession of judgment warrant in the "Surety Ship jj -'~ Agreement" does not authorize entry of judgment by confession against the Defendants personally, WHEREFORE, Defendants pray this court to strike the judgment entered against them individually in this matter. PETITION TO OPEN 8. The averments set forth in the foregoing paragraphs are incorporated herein by reference. 9. At the time the parties signed the "Surety Ship Agreement" they did so believing that they were signing in their representative capacity as officers of West Shore Radiator Works, Inc, 10. When they signed the "Surety Ship Agreement" Defendants believed that they were not creating any personal liability of their own for the debts of West Shore Radiator Works, Inc. 11. When they signed the "Surety Ship Agreement" neither Defendant intended to be personally obligated to pay the debts of West Shore Radiator Works, Inc, 12. The DefendaNts' representative capacity, on behalf of West Shore Radiator Works, Inc., was made clear to the Plaintiff at the time that the Defendant signed the "Surety Ship Agreement." 13. Defendants have a good and valid defense to Plaintiff's claim in this matter and that defense includes the following: A. They did not sign the "Surety Ship Agreement" in their individual capacities, but only as officers and representatives of West Shore Radiator Works, Inc. H. They owe Allfirst Bank nothing personally and have paid all debts owed to Allfirst Bank by the Defendants individually in strict accordance with the terms and provisions of those debts. C, Defendants believe that Plaintiff has erroneously and inaccurately calculated the amount it is owed by West Shore Radiator Works, Inc. As a result, to the extent that the Defendants have any personal obligation to the II rr ,;,,'t- ~,ilGY,,~' Plaintiff on the "Surety Ship Agreement," Defendants believe that the amount owed is significantly less than now claimed by the Plaintiff. 14, The Plaintiff has erroneously and contrary to the terms of the "Surety Ship Agreement" and other loan documents, added attorney's fees to the interest which the Plaintiff claims is owed by West Shore Radiator Works, rnc, 15. Defendants have acted promptly, and in accordance with the time limits set by the Pennsylvania Rules of Procedure, to file this petition. WHEREFORE, Petitioners pray this court to open the judgment entered against them by confession to permit Defendants to enter and present a defense to Plaintiff's claim. ,-~Q()~ Sam I L. An~~~ Attorney for Defendants Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 .~'. ,~ ,-'", )" -, "~ ';;"";:l1'",j~,: VERIFICATION I verify that the statements made in this Petition are true and correct, I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.s, 4904 (unsworn falsification to authorities), Date: /2.- /g-O/ PA=~~~ II -J "-"'''''-''-*'''<,'J.,,,,"-,~-~..''''ll\<'''"-''''~~=~ ""'---"';""'''''':;i>'\c,'"~-"~,-,""-h'*''''''''''~_''''''''''''~_''''-'''',*"",q>",,,,,,''''1t,,,~~~.,,_,*,'""'l>'i\~~lI.i>'';,">^,,,,,,,,,; '_ _ ;0_'""'" . i I :1 ~ I I, !I I: Ii I ,I d I: Ii I verify that the statements made in this Petition are true and correot, I understand I that any false statements in this Petition are subjeot to the penalties of 18 Pa, C,S, 4904 ;: (unsworn falsification to authorities), II II D.te_$~__ Ii Ii II ,I I' f ,I " j! II 'I Ii I -, . YERIFICATION ~~A_,__._. CLl..UDE WHEELER, SR i I, II II Ii II ,I I I: I' II r! Ii II 'I !' I' I' ,I Ii ~;11ifA.~~~~~~~i_~'lnj~~'!li1,1'1J.'?i~,~nj r il'u-ll"tJil! "IIJ~ T ,",W,' .;8)1!}:~G" LUtUl[~LIJ, , ,., ~ ..1Jil! ,l ,-~ (J G a]':-~--,: ~__:.. I (/'~; L;~~- ifri' !;-.; '::':' -< -- .' .... !7'. ~~ """"'_: '. C~} :~:, '-.., , c) c; '-} - -~ -, ,~ ,,~<~"" - ,I' .- ,;..c<" ;,,_.,_ ,_, '0 'c^,~__,'", '',.'" ;--~, ,_",___,,<,' :I~-o,"_" ~~ - .----~"""--- ,,",,:L--,- '-" ~-' ,:;, , -'-'~"ill'i 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. 01-6455 CIVIL TERM v. CONFESSION OF JUDGMENT CLAUDE WHEELER, SR. and PATSY L. WHEELER Defendants ANSWER TO PETITION TO OPEN AND STRIKE JUDGMENT NOW COMES the above-named Plaintiff, by its attorneys, and answers the petition to strike or, in the alternative, to open the judgment entered against Defendants by confession as follows: 1. Admitted. 2, Admitted. 3, Admitted. PETITION TO STRIKE 4, Denied. By the terms of the Suretyship, Defendants agreed to become personally liable for the present and future obligations of the Borrower, West Shore Radiator Works, Inc" to Plaintiff. West Shore Radiator Works, Inc. is listed as Borrower, not as Surety. West Shore Radiator Works, Inc. cannot be both Borrower and Surety. Although Defendants may have listed the titles that they held, . ,,, , ~ . , , _i_,"" '"C' ", ",. ,-- I, _J" , ,~" .,. , ,,,~,y,,- " ,,,1,<',,- ,'", ;'i~-'.:::~;,~j.:" ,', ~, ,">-~;'~~II " " ~~- they did not execute the Suretyship in a representative capacity, Also, Defendants personally executed Mortgages covering real estate that they own(ed). Plaintiff incorporates the averments of its answer to 5. Denied. Paragraph 4. 6, Denied. Paragraph 4. 7. Denied. Paragraph 4. Plaintiff incorporates the averments of its answer to Plaintiff incorporated the averments of its answer to WHEREFOR, Plaintiff respectively requests this Honorable Court to deny Defendants' Petition To Strike Judgment. PETITION TO OPEN 8. The averments set forth in foregoing paragraphs are incorporated herein by reference. 9, Denied, Paragraph 4. 10. Denied. Paragraph 4, 11. Denied. Paragraph 4. 12. Denied. Paragraph 4. Plaintiff incorporates the averments of its answer to Plaintiff incorporates the averments of its answer to Plaintiff incorporates the averments of its answer to Plaintiff incorporates the averments of its answer to -2- 'I'; ,~- -" ~ , , - ,.'-' ~ ,,~'J ",,,~U,,,_.~-,, ,: --,;"-, ,- ~_ >b';:;,~ ',; ,,;~;,': " ,_,," ' ',',. ,'-,'-,-" ;;, :,,,;,i<:~,h(~~: 13. Denied. Plaintiff incorporates the averments of its answer to Paragraph 4, By way of further answer, Plaintiff has correctly calculated all amounts owed by West shore Radiator Works, Inc. for which Defendants are obligated. 14. Denied. Plaintiff has charged Defendants for amounts owed by West Shore Radiator Works, Inc, in accordance with the Suretyship. 15. Admitted. WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny Defendants Petition To Open Judgment. KEEFER, WOOD, ALLEN & RAHAL Date: January 8, 2002 By: ~~~~ Eugene E. Pepinsky, Jr. Attorney 1.0. #23702 210 Walnut Street P,O, Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff - 3 - ~;i~'ib[i;'r[;fjPfO-"C>~'+'l~t;;\"'_Ol)!"--,~~"J_~fj,:;', ,,';'!h' ;, ""&""iIiI"~'I'"''''''''''~''''''''''' '" "0;~O, ;jfu'~~ ~;-ii~~~:d ',',- . 11_ i U I ~ ,o~~._",~~_r_ '_~,'~,~ _ _~~__~__ -i;<_" -p.-"'","',',,,,,~ "","-'l,,iv.(,,,'"'" ,;.;-"-,; ,'" iii .." II'. ",. .. '",. ,-", ,-' (; 0 ," '.' c: f-'V :;r:: '~ , -0 r,r: ';~:w 1': f"li (- '. 1", , ..'- ....:- Z \.D (n .. -< "--.; r:: r--, ~ '--' -'J c, =~: ~~--;::: f~,: N ;,:..-. , .;~: -:n "'1;'; --, :J..,J .-<: I " -<; ~ ~". =~ - ;;;, > . ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW CLAUD WHEELER, SR. and PATSY L. WHEELER, NO. 2001-6455 Defendants ORDER AND NOW this I~~ day of r' "."?r , 2002, upon consideration of the attached Stipulation, we hereby suspend the scheduling provisions of our order of December 31, 2001. We will establish a new scheduling order, with all appropriate dates, upon the request of either party if the negotiations between the parties are not successful. J. Distribution: Eugene E. Pepinsky, JR., Esquire 210 Walnut Street, P.O. Box 810, Harrisburg, PA 17108-1963 Samuel L. Andes, Esquire 525 North 12'h Street, P.O. Box 525, Lemoyne, PA 17043 ~~ /_ J,J-o.z, Cf. ;---- ~ , -, - - ,,0_ 0" ~- ,- "~ ,."= .. ,~... - --<. ~ r" -~,_. ~- I. . -, ,~'- , (// {'r) ,.., _... (}::: {I ,,".""~-L "t_4"/-f-f"'I" ''-'I ,r~> (:':~nl' ,!...~~~ ' i'/OlA!1y 02 JltiV 18 fry"" '. ' . I{ 'It 24 ('-UMBER!..;).., ' pSvIVSrr~~~UIV7Y . , ~,]J~d~ ,,'CO,,", ' ~'lII!!l,I." ,'. .). ",,~""'" J~ll~~,'1I-~,,_ ",~,.' I 'h " ".~~ . . . ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW CLAUD WHEELER, SR, and PATSY L. WHEELER, NO. 2001-6455 Defendants STIPULATION AND NOW comes the above-named parties, by their attorneys, and stipulate and agree as follows: 1. The parties are attempting to resolve, by negotiation and agreement, all issues involved in this case, specifically including the judgment entered against the Defendants and the Defendants' Petition to Strike and Open that judgment. 2. The parties expect that they will not be able to resolve these matters within the time limit set by this court's order of 31 December 2001. The parties believe, however, that with additional time they will be able to resolve all of these matters without further involvement by the court, 3. The parties agree that this court may continue the dates set in its order of 31 December 2001 for the Plaintiff to file an answer, for the discovery, and for the briefs and hearing. 4, The above parties, by their attorneys, respectfully and jointly request this court to continue generally this matter, and to suspend the deadlines established in this court's order of 31 December 2001 until further request from either party to set a scheduling date. ~~ Eugene Pepinsky Attorney for Plaintiff ~~~~.~.Q._. ~ Samuel L. Andes Attorney for Defendants II I ~,~ I " ,~ ~" -, , ~, r 'J.o' -I.... '_"0"<" ;.;,' -. ,~,~-(--"';-"-c; ! ~ ,. If ,. ~ ........, ATTORNEY AT LAW Ji,..,'. , , , ~t JAN 1 8 ?1I02 , SAMUEL LANDES 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 1 7 January 2002 FAX (717) 761-1435 The Honorable Edward Guido Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17070 RE: Allfirst Bank vs. Claud Wheeler, et al. No. 2001-6455 Dear Judge Guido: I represent the Defendants in the above matter and, on their behalf, filed a Petition to Strike Judgment entered against them by the Plaintiff, which is represented by Eugene Pepinsky, Esquire. You entered an order setting firm dates for us to conclude ,he pleadings and discovery and submit briefs and appear for oral argument. The parties ~re trying to resolve this matter themselves, without further ligation, but they need additional time to do that. The parties, through their counsel have agreed to extend indefinitely the litigation in this action to give us time to do that. I enclose a Stipulation which Gene Pepinsky and I have signed a proposed order. If the order i,s satisfactory, I request that you enter that to give us additional time to resolve this 'matter by agreement. If what we propose is not satisfactory for any reason, or if you have any questions, please let Mr. Pepinsky and I know at your convenience. Thank you for your attention to this matter. Sincerely, , Andes amh I Enclosure cc: Eugene Pepinsky, Esquire -I "=~, "~ " '" I "'" " ,'__j_ ,-' L -" >,' -- --",;.,j;-)--"~;.,,,'2'-:J'G:';-'-:i iE-r--"'i:~;'~,ii ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, CLAUD WHEELER, SR and PATSY 1. WHEELER, Defendants : NO, 2001-6455 CIVIL TERM ORDER OF COURT AND NOW, this 1sT day ofMA Y, 2002, the scheduling provision of our Order of December 31, 2001, are modified as follows: (1.) Depositions shall be completed by June 1,2002, (2,) Briefs shall be filed in Chambers on or before FRIDAY, JUNE 14, 2002, Argument shall be held in Chambers on MONDAY, JUNE 17,2002, at 8:30 .!!:!!1. Edward E. Guido, J. ~ugene E, Pepinsky, Jr., Esquire ) ,"samuel 1. Andes, Esquire tapie2> -fC)ll',\ecl 05-03-0~ l P:f:C :sld ~ i :,u . JL ,~ " ""~" ,,', =0-"""""'-'- ~~, . -',,"-, .~'~M~~ ~"^-"-~'~~~~',-".~".~"~~" - ., ~~ '0 ~__'. \~5'~ -, \s)'. " ...' <",..J r ~,,1.),,\ ~0~" " '^~' _w.!!fm~. T~rm, JUJJJ1"'l)IJ IlJ!r.~~~!il~7!filfWJ,!~-v-'>,"'w-,f;;;>:1~'i\m.~~~~~~.!liIm~l!Il~~~&J,"",~ T,;~-;~;.mJ~.I)f~~:: ~~ ~ ~ , \ ".,.. , HEATH L, ALLEN N. DAVID RAHAL CHARLES W. RUBENDALL II ROBERT L. WELDON EUGENE E. PEPINSKY, .JR, .JOHN H. ENOSm GARY E, FRENCH DONNA S, WELDON BRADFORD DORRANCE .JEFFREY S. STOKES ROBERT R. CHURCH STEPHEN L, GROSE R, SCOTT SHEARER WAYNE M. pECHT ELYSE E. ROGERS DONALD M. LEWIS III BRIDGET M, WHITLEY CRAIG A. LONGYEAR .JOHN A. FEICHTEL ANN McGEE CARBON ELIZABETH .J. GOLDSTEIN BARBARA )... GALL ,",",-~, "< ", 'co .,-"., , ."'- ":,_"",..,',-,<"..1" "'1' :_,c, _""',~ ~ _ , I:'''''''' ,,~--. ,,:;., ,',He ,'''--,c-i.._" ;;i;.~r;; .;__;, ~ ~v,;~,::!1::J V'-,.., ,'I.." KEEFER WOOD ALLEN & RAHAL. LLP 210 WALNUT STREET P. 0, BOX 11963 HARRISBURG, PA 17108-1963 ESTABLISHED IN 1878 OF COUNSEL: SAMUEL C. HARRY PHONE (7171 255-8000 FAX 17171 255-8050 WEST SHORE OFFICE: 415 F ALL.OWFIEL.D ROAD CAMP HILL, PA 17011 (7171612-5800 EIN No. 23-0716135 WRITER'S OIRECT orAL: 255-8051 April 26, 2002 Email Address: epepinsky@keeferw-ood,com The Honorable Edward Guido Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17070 RE: Allfirst Bank v. Claude Wheeler, Sr. et al. No. 2001-6455 Dear Judge Guido: We represent the Plaintiff in the above matter. Enclosed is a copy of the Court's Order dated January 18, 2002, suspending the scheduling provisions of the Order of December 31, 2001. The parties have been unable to resolve this matter themselves, Therefore, on behalf of the Plaintiff, we request that the Court establish a new scheduling order. Thank you for your attention to this matter. Very truly yours, KEEFER, WOOD, ALLEN & RAHAL By ~~~ Eugene E, Pepinsky, Jr. EEP:eas Enclosure cc: Samuel L. Andes, Esquire 1;'" 1 1 j j 1 .i 1 '1 1 1 '1 J . , j J , 4 1 i ] j j ] ~ ~ 'j , , j 1 1 :1 l ~" "1 ~ t " I i ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs, CIVIL ACTION - LAW CLAUD WHEELER, SR. and PATSYL. \^iHEELER, NO. 2001-6455 Defendants ;' i! ORDER AND NOW this I~~ day of rt."O' , 2002, upon consideration of the attached Stipulation, we hereby suspend the scheduling provisions of our order of December 31, 2001. We will establish a new scheduling order, with all appropriate dates, upon the request of either party if the negotiations between the parties are not successful. ii Ii .; " " " " J. . Distribution: " ii Eugene E, Pepinsky, JR" Esquire 210 Walnut Street, P,O. Box 810, Harrisburg, PA 17108-1963 :i , !: Ii Ii :1 " ii Samuel L. Andes, Esquire 525 North 12,hStreet, P,O. Box 525, Lemoyne, PA 17043 !: 'rR~ !::: 1"'''-, pi',' r::';:;("'.f.," C <:'~,.. r:tl" Vi- V"v __ , J .-, ""'~., ", ,_.~. ~ '_ ' . '_'~ !n TesHmi~;-~y ',,",':-;s. ~ , ~- ';,: ~_ J__:',' j ~."'f: ~f''':e ::_;. ",: ,..'- :-_.__.:,"; ;::"-' ;t' t>:~:, ~i;.. ':~', '"IS "'/i~(,~~~(~:<ii~~~~~~ ProthonCitar f !i I' ,I I ".'.' ,-",t-_,., I,' ie, ,- -; ". -,~". " .,-" " ,j'.,; ~>_ u ~.- : .., : " '-',' -, - - , ' ~ -' -, :-"ii-__~!j,~, -,.;" '0':-_'_" ;'/h,) ~,)~, '> ~ f ,0' ',2,->-'j SAMUEL L. ANDE:S ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 166 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 5 June 2002 FAX (717) 761-1435 The Honorable Edward Guido Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Car!isle, PA 17070 I; /L RE: AI/first Bank vs. Claud Wheeler, et al. No. 2001-6455 Dear Judge Guido: I represent the Defendants in the above matter. The Plaintiff is represented by Eugene Pepinsky, Esquire. You have scheduled briefs and oral arguments on my Petition to Strike or Open the Judgment in this matter and all of that is to be done by the middle of June. I write to report that Mr. Pepinsky and I, and through us our clients, have resumed productive negotiations. Gene and I think we have found a way to resolve the case without litigation. I write on behalf of both of us to request that you cancel the oral argument you have scheduled and excuse us from briefs and depositions so that we can try to work this out by agreement. I have sent a copy of this letter to Gene Pepinsky and I am sure he will let you know promptly jf he does not agree with this request. Thank you for your attention to this matter. Sincerely, s,&, amh cc: Eugene Pepinsky, Esquire ~t' ~ - '0 ,~_ ,," ,'- "",~-~,,,-,:,.,~;.~- ',-' --- , , I '.,. "t ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff v. CLAUDE WHEELER, SR. and PATSY L WHEELER Defendants ,_J" "",,,:_,.,;',-,-,'_:';',,,,-,,"" i;; ',di:j,;..,,_;, _" ,~"",~,,;,d'-:",' "e..\_,,-: ";,,,j;,; ,;,~:,;_'- ;::' ,'-.':::"" -'.......~i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6455 CIVIL TERM CONFESSION OF JUDGMENT 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 Attorneys for Allfirst Bank .... ( -,- ,.- I _" '" ' " -~- ~.'" - ^ , .:>-",';' . ". 717 761 1435 717-761-1435 SAM ANDES 863 PI2I4 JAN 1121 '1213 1219:1218 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 sec;onds West a distance of 51,69 feet to an iron pin; thence along lands of Consolidat~d Railroad North 89 degrees 00 minutes 57 seconds West a distance of 167.07 feet to an iron pin; thence along the previously mentioned Lot No. :3 North 00 degrees 59 minutes 03 seconds East a distance of 141.26 feet .to an iron 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. ''', .--liliM-:'i&;t..: :'~i.ci~"Jj~;-,i.:';~-'''' .'~~'~'_~_.oo~'iiiOlJ,,*,'IiJ-$i-W.;t'ii"'it&;j,-;~ll~_._,d!lilJ C'__",- ~v...."';.,o..~~'l~ ...;..,;.~"" ~"".ol"'I[''''-~~ -::;- > ,.. J ~ C) c:' '-' ~ C (,.,,) -'I", ~ ~, ~ <:,1C,; .C,,""1 0 92S-~ '"""" 0 L:':C" l"'0 (f) ~-'_ _ ... ~~ -<,.-c-' tv ~~t:> ~.'C' lJJ ~~:2 " 'I ~ :t;c: N '-' Z :;--l ..J 1 N .E~ -~ ..0 - -< ..-.....l -< G> J!. !!it ~ ~.~>~~,'~~-.~'- .~N ~ ~~.~"'~" ___~ _.W,> ",-" "'- - . ,~ ~-- ~'~~R~~ ~ ,.' =-~~"-- I, 'aIi;-""' :-:,_",.c'-~ "",,,/.--,'>, '"i '",;'Sk;;";Ji";',-" i; -s ' --,-" 'v"r . 'I' " , 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. 01-6455 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: 1(- fJ{,- 07 By: ~'P;",kY' J" Attorney ID #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorney for M & T Bank 1T,<; \">,,;;;;j-;,;/.i.~;,:,,>k'.;>i>;.c0-;;",,;;;~c,,,,;;;:,,-, j':, p . . ' . . . y 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 wi!: 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. 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 Lot No. 83 in said plan; thence along the line of Lot No. 83 in a southerly direction, 154 feet, more or less, to !'I 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. " I 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' ,. ' ~~~Jt"~~J~t'1!fti:",<ffij~jfffiffi\~~,~~~'lli..'il;ili'.~)j,'W~"j!1f,~)i!l';i~;~,~'<iAAllii-&~~l T-'''~' '-'" '~.' " ,,,;.;, "-' ~-'~ ~~ ~ ,~' ~"'~aft '. ;,., 11) , cr.: ~ 0- ;'".J.: c---; I- ,-.- :;:-" ,'~ :5.... 0 ~'5::'~:: ") S:t ,~E '2 t"I) .~-"~ "-) '" '0 (k..,. (..:) '_:-.1 ::J ~ C) C' <::> C' :>_ .,~U) 1i) . .;j.2: ~ -.- -~. -<2': ~ C::' .1}lU D z :,lJ,") I..~~ (") :2- () :.J a 0 ,..,.A G o u I:S N rI r:t d C tJ- "2 9J dO - () '-.J x o s:: lj) ...-l c-... C>- ~ " ~ t=:t -:-:: :3 ft .r0 .s q) o....ci - - '. . , ~"~ -~ ~ '< {;<. 1-.J2Y \!j\ , V r; . Ir--, ~" , 'lM:L - -:-~_., "'- ~4 C-, ,--, (f,,-.'--"" ,~, ,',^, '.'~"-- "',';-~,-. '~,: 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. 01-6455 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: fJ-/9 -u] By: ~~J~ Eugene . e insky, Jr. Attorney 10 #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorney for M & T Bank 11 \ I ~' ^ r;' '~~, ~, " , ," ;.+ "0,;';.-,"";'-' -'-" '.,F--,,~ ",~-;:",),~- ,~.._-..~-, '. 'UOj..i.-~ . , ... 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 I 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 i 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. li:f~;ir~trfiadiiij~~~~~~~jj~~~",~i\ti~1~~td~ji!lJIl!l;o'i~~iiif ,~,.. ,,- ->J:'<i"-'~;'" "wtL' """~~Aiil 'c' 11]1' ~' "~~ :_~ ,~,~, ^,r,,'-"__"-, ~~',~, , ., ~"_ , ,,'9"" _~ ,_ ~<=,~ iii'!!,.'>' ) , ~ 0 {~'~ c: ~'--" ~ S\: (,t,'- ',,J _.s: 'n U'-,.C (:g --., rr -<,,>--j & ;.:::!!i'-;' ~L "T' -:l - , t;s-~ -"<; rs;::;: .-J~~ ~ \ ~\.! ~.tJ P,.---.., 'i::: zt~J -'. -,-, ~'. ~^;;r--; ~ ~ , ry ~ 'c~ C5,"'-ri , Z -I <...J ~ ~ :::> J> (J"l .:D .< , 1- ~I m , ,,"",,- ~~,,-~ ",- 11 . .-"-,"- ~-' ,~ , " - - " '.;' ~ , M & T BANK, successor to ALLFIRST BANK and DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff vs. CLAUDE WHEELER, SR., and PATSY L. WHEELER, Defendants TO THE PROTHONOTARY: ,_I, ' ~-,.' -..-. '"' il" '-i' ,- '.,- ",_""l-_c'i~L' y,,;j.>\~,<,.,," ,,,,,,,,:'-;,-;;.,,,,,- -;'-:"'-';f~- " '1""'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6455 CIVIL TERM CONFESSION OF JUDGMENT Please release the premises described in Exhibit A, which is attached to this I II! praecipe, from the lien of the judgment in the above matter. ATTEST: _lJJi Date: '5 -3-c~ 'I I I M&T BANK B. -V~C~~ y. /T - ////1 . 'I ". 1.-, 1~---"f'JA-~ .Ii,,:,' <-",,,,',,;_",,,,c' <'>< ,'-j,-" '2-,-';;,':';;:,..>"_' tf ~f~;?' .-.... .... 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 L..ot 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 , _0. ~1iii{:li~*I~m~~l~-tmrn.w'.rM.w.~~mi,~iii\i!41r'fif8~1;,'i!iJ!l:~116",,~2i~~i'~ c'''''"!IllI''i~!r ,X>',-'.~_''*"'"''_."" ,'" "~"''''',"_~ ,,~_~_~'__'___~',',"H-" > ,,-.-_._, _ ,~_._ ". rp ~ ~ ~ ~ , ' -...l ~ i"i" ':"\ "- .... ~ ( ~ f' b0 /0 ~0 'tt ~~ () !;: '1J~ ITi ~~_f It '',.:;"'() .......c...: ,~ ill IlW':,.-: .... .; ""-~ .....- i ~ , , :i ~ <.::> ..,.. ~ -< I Q) ""D ::J;:: ~ :-{ ::c :-n fll_ r-. ""0 rn :Vb O<j :rJ-r o::r.i -"'<:) Om 5! :J;J -<: - c..> -...J - -r . . ,..,... , M & T BANK, successor to ALLFIRST BANK and DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff vs. CLAUDE WHEELER, SR., and PATSY L. WHEELER, Defendants TO THE PROTHONOTARY: - .-1 I... _/_'_.;-kC' ,~:_,;:,,;..:~,<~C'__'"",,_,..;.ih":"":'_~ ,,; "i<ii~'..:J I i ,'''\,,~ ~ - ^. ) ) 1 ) 1 ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6455 CIVIL TERM CONFESSION OF JUDGMENT 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: 8- j ~ ~k", Date: 5'-3-;1.004- I I M&T BANK By:/~C$~ "'~>[r,",""" ~ ,. --- .J...,~ - ,,~ '-."" ,-,-," ,,~ ~-lj\iiiNi1~io)" ... /--,- 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 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. __. t ~,-,;^~,,",;-,,~j',.;.j;F,.,h-'.W,ki~,,,~",,,lts'lN'~~''1--~\!L''''H;,'i""",",W "'-'~ij~+_f"'j"chh,J;:;,,-;;;~l\&J*!~i!i!~~l:!!;~"~"'''-''''If.~~~-- <,' -...,. ~ "JmlJ.!/J~ _ T, ~ ~,_"~"'~_\O_:,_",,,_,_,ry '<-':'", _,___b~ ,. _M, '_""""~' _'""'_" ' '_'_"_"~''''. ",.-, V.' -i? -... ~ -.,. q ,,~,-'-';--~-'''-'' ',,',' -"", -",~ - ,<~ ~ ~, ~ -~ Y\ () C) .c~ 1;;"---0 -::l~ ~ '" ~ M, .--~ --..... .. ..- , C) ....., 0 = C; = ~'n .r" ..... :!~,- ::z ..-,.-. C'-: :1: -q nl JCl"" 111e -< , -- -OIl ~ ~~ CO ::09 00 ~~~ ;:~) ::;;!-"-I -0 .-l--::U '~=I;~.:~ 0,,-, - ~~'h1 '~~ c: N :::::\ ;;::, N 5} _J -< ...0 '-, --~,' >~,-"'~'-""""~=" ,-, -~, -" M & T BANK, successor to ALLFIRST BANK and DAUPHIN DEPOSIT BANK & TRUST COMPANY, Plaintiff vs. CLAUDE WHEELER, SR., and PATSY L. WHEELER, Defendants TO THE PROTHONOTARY: - ,;;cj",'\li~~k:-,' ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL..VANIA CIVIL ACTION - LAW NO. 01-6455 CIVIL TERM CONFESSION OF JUDGMENT 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---p. Date: -BW'U.. GAd.. AOD4- M&T BANK By: ;r ~7 )?J/~ I :.- [ ; , , '" ' 0,0:;;;..','_';'"" '0""-,_,;;,_",_",, ,:_, " -'''r'';'' 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 conve~ed by the Pennsylvania Railroad Company to L.A. Otto and D. K. Hollinger, tld/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, tld/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. : . I~ I I 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 SUBJIECT 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. ]~~o<"-'-""~"';;iiliiJi:!ljJmmd~Mj{}iill:t~~!mf~~1j~w~~#;,!,ir~1!M~\~~-;.\!lii&i'~I"'i",-#i:rJt';;~il:i8r~.ilua'~~lHd. ~-". p~ r4!,J~~"~"'~",~_!~;J!':hC"c"" ~,'" "~G"">-S/'-" ,-~~ '- ,_""". ,-,' , '''"'-~' _:__~7'C:-: . - -" -,,' '~'-'- ~_' ~, ,". ~. - -~~ ", :R> F - ~ c ....i oJ , -fikliil' ~ ~W_~"I -<A- 1.,1'\ ~ 9J o Cl ""I::> '>\. 1,l ~ - "" &- :S ,-"-,'-< C 'j.r - -~~ o c:: ~ '"'tJ\Y 1'1'\IT; -::'':'.(: ~~...~- .4;:-''"t'' l,...-' t>-:~ 5~'" ~\,---' ~.(") ~~C} :P~ ~ - .~ ':i? ~ "'" 1 . , - - ~ :;t..,., fflro: -oiQ ~~ :T:"1"\ t::)B ::t-n 0' --' .~ :4 :t'l" -;!J:.. '-P. rv ..... ""~;* .1. ltWss ::oq 2.. JI1' 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. 01-6455 CIVIL TERM CLAUDE WHEELER, SR., and PATSY L. WHEELER, CONFESSION OF JUDGMENT Defendants PARTIAL RELEASE OF JUDGMENT TO THE PROTHONOTARY: 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: '6 Stf*-Ll'n_b.tA.&x1'1 By: ~~~- Eugene E. ep sky, Jr. Attorney ID #23702 210 Walnut Street P.O. Box 11963 Harrisburg, P A 1 71 08-1963 (717) 255-8051 Attorney for M & T Bank - ~~-'-"'-' .\ . . . 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 L..ot 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 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 Grantees. II tt.:d?'" ::'ii'~\~~iliMilim_~~~~iJ!W,~1iit.J,,'1Wiij~'JI\~ij~~B::.: ~i " . ""',~ ,,-_. ~~,,,.- "',,-'-~~==,,~" ~_.~"'~ ,." -,,, --,""'" -'"<. .-.., " ~, ," ~-" --^~,=,~~, "IH.lln " .-'" , ~ " ,...., <:c.:> 0 = ->1 'j::J () ~ (/) -, f:.. 7"11:- rn ff~fQ , -~-)rn 0 r...) ~.,~6 - C> f'..j ..... ~ .t \./ ('~~j ;~ 0, U ---"''-/ 6"- ~ r-,,) 25fTi ~ t 5-::: :.-0 / .- ~ G:, "- If -l. - ~ ~ ~ r ~ -, }. . . -- ~, ~" "-~-"""""""'~:''''.-. ""-,, -,-~~,--__ ",-.i'.;,,'"'_ - '-'"j",_'j!<..,~",,,,_ ",_'<I~v-;:,,"~-,-':'.: -f,_'';, :;",~;""';~'i.:;Q.j;'i,'iiJ';;":/--';'",,,("-:,,<-;:__:-.: ," .-".;.' -':';:~;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 NO. 01-6455 Civil Term v. CONFESSION OF JUDGMENT CLAUDE WHEELER, SR. and PATSY L. WHEELER Defendants PRAECIPE TO THE PROTHONOTARY: Please mark this judgment "satisfied" by order of the Plaintiff. Date: September 28, 2004 KEEFER WOOD ALLEN & RAHAL, LLP By, ~'P'",ky, J,. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Allfirst Bank ~~~~~~~~~ll,i.=";~";'<':';~~~~~~~~"~":"'j:~iL''f'_;''-1<-i.,<~"(;~ "<-"'h; './,-' ,-"' , ~. ~ ",.",",,,.~ ,"",",-~ ~"'- >,~,,_.. ~"~^0_<<"__ ,"_'''',',,,,,~. . ,')''>'- ,--!, "~'",,-,,--" -p.-,,~ '-~ .'", ,..,.'.' ,~ ~~ .~ __"d' .~, ~.""- .~ ," ~" 7 ~ ,.,,","'" " .". ,~-. .... (') ...., = 0 C- = -n :;;:'"' .c- -';~! ~.'n en -4 :r: n r'q rnJ-J ~ v lTi Ul N :fj<Z:J rS \D 96 < ,...,.l-ri :J.~""r, -u i"'i::lJ ;~~t: :.r;.:: zO ~ cjm :2:; ;::-1 '13 :2 00 '< ~,