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HomeMy WebLinkAbout99-06479 MELLON BANK, N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND/l COUNTY, PENNSYLVANIA V. NO. ?? - (o y7? C CAL'S CARS, INC., Defendant : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal Other authorized items: Interest to October 20, 1999 Late Fees Attorney's Commission TOTAL Date: I a'tv l ,9 $17,754.45 $ 310.75 $ 588.12 $3,613.04 $22,266.36 Respectfully submitted, SAIDIS, SHUFF & MASLAND By: r) o ---- f1j. Kar . Le bArn E quire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737.3405 MELLON BANK, N.A. Plaintiff V. CAL'S CARS, INC., Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. : CONFESSION OF JUDGMENT ENTRY OF APPEARANCE Please enter the appearance of the undersigned on behalf of Mellon Bank, N.A., Plaintiff, in the above captioned matter. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: 411 Y By ,1,4 Y2'k- - 1 M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff MELLON BANK, N.A. Plaintiff V. CAL'S CARS, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CONFESSION OF JUDGMENT COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is Mellon Bank, N.A., Two Mellon Bank Center, Room 152-0200, Pittsburgh, Pennsylvania 15259-0001. 2. Defendant, Cal's Cars, Inc., is a corporation having an address of 1207 Trindle Road, Carlisle, Pennsylvania 17013. 3. Defendant executed and delivered to Plaintiff a Note and Line of Credit Agreement dated September 28, 1995, in the principal amount of Twenty Thousand and 001100 Dollars ($20,000.00) ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendant is in default of Defendant's obligations to make payment to Plaintiff as required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Plaintiffs demand is attached hereto as Exhibit "B" and made a part hereof. 5. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. There has not been any assignment of the Note. 7. Judgment has not been entered on the Note in any jurisdiction. 8. The amount due to Plaintiff as a result of Defendant's default is as follows: Principal $17.754.45 Interest to October 20, 1999 $ 310.75 Late Fees 588.12 Attorney's Commission 613.04 TOTAL $22,266.36 9. Interest continues to accrue at the default rate provided in the Note in the amount of Five and 551100 Dollars ($5.55) per day, and late charges continue to accrue for each overdue payment. WHEREFORE, Plaintiff demands judgment against Defendant, Cal's Cars, Inc., as authorized by the warrant of attorney contained in the Note for Twcnty-Two Thousand Two Hundred Sixty Six and 36/100 Dollars ($22,266.36), plus interest from and including the date of this Complaint and judgment entered hereon at the rate of $5.55 per day as provided in the Note, and costs of suit. Respectfully submitted, SAIDIS, SNUFF & MASLAND Date: dY ?/, f ?1 ,Karl M. Lcde ohm, EsqM"L uire Supreme Court ID 459012 2109 Market Street Camp Bill, PA 17011 (717) 737-3405 Attorney for Plaintiff Xvite and Line of Credit Agreement S 20,000.00 Promise To Pay. FOR VALUE RECEIVED. and intending to be legally bound, Undersigned. as defined below, promucs to pay to: M Mellon Bank. N.A ("Bank") C3 Mellon Bank (DE) National Association ('Bank') or its order at Harrislo ca. Pennsylvania the sum of Twenty Thousand 6---------------- Dollars IS r, or such lesser or greater principal amount as may be outstanding from time to time under the line of credit ("Line of Credit') established hereunder by Bank for the benefit of Undersigned, with interest on the outstanding balance from the date of this Note and Line of Credit Agreement ("Note') at the rate(s) (-Contractual Rate(s)") and in accordance with the repayment schedule specified below. Borrowing Money. (Pleas read c0arctullv.) From the date hereot to but not including 25 0 (the "Maturity Dare'), Undersigned may burrow money tram Bank through the Line of Credit, up to the amount shown above, by using Mellon Bank's Business Banking Telephone Hotline to access Undersigned's Line of Credit and to transfer funds to Undersigned's designated Mellon Checking Account. Subject to rules and regulations established by Bank from time to time. Undersigned may also borruw muney from Bank by using such other means, if any. as Bank may provide for that purpose. Bank reserves the right to change or eliminate. without notice, any means by which Undersigned may borrow through the Line of Credit and to establish new means by which Undersigned may borrow. Undersigned may not use borrowings to make payments due under the Line of Credit or other indebtedness in favor of Bank. Undersigned authorizes and directs Bank to deposit borrowings from Undersigned's Line of Credit into Mellon Checking Account Number 1922034838 tilled in the barrels) of Cal's Cars Inc. . Undersigned understands and agrees that, it any person or entity is aulhunred to sign on or otherwise use Undersigned's designated Mellon Checking Account or any deposit, checking or credit account linked with Undersigned's designated Mellon Checking Account through Bank-by-Phone or Business Bank-by-Phunc. such person or entity is also authorized to burrow moncy through the Line of Credit by the Business Banking Telephane Hotline. Undersigned further understands and agrees that Undersigned must repay all amounts burrowed by such person(s) or entity(ies) as though Undersigned had borrowed such money. Undersigned understands that Bank, upon Undersigned's written request. will exclude any of Undersigned's Mellon Bank accounts tram Bank•by-Phunc or Business Bank-by-Phunc, and it is recommended that Undersigned make such request if necessary for the protection and security of Undersigned's accounts. If Bank alluws burruwings abuse the amount shown abuse, all the terms of this Note will apply to those borrowings. By signing this Note. Undersigned hereby requests Bank to permit the horrowmg of money through L'ndcrsignedb Line at Credo by Inc use of Meliun Bank's Business Banking Telephone (Hotline and acrecs that such rNmotkmgs may re cifccted by one person. even it Ins agreement. signature card. instructions or restitutions for the [.Inc of Crcdn provide for nurrowma over nvu agnatures ar other specal arrangements. Each N)rrowmg will usually be procaved an me same day that Iranslcr instructions wcre given via tic Business Banking 1'elcpnonc $7 9 5 7/ C ©t/ Mellon Bank Date 9/,.oio s Hotline, and be available in the designated Mellon Checking Account on the first business day fallowing the day that transfer instructions wcre given via the Business Banking Telephone Hotline: however. Bank reserves the right to not make a borrowing available in the designated Mellon Checking Account until a date after the business day following the day that transfer instructions were given. For example. if transfer instructions are given on Monday, the borrowing will normallv be available in Undersigned's designated Mellon Checking Account on Tuesday: however, Bank reserves the right to not make the borrowing available until Wednesday, or later. (Thu example assumes that Monday. Tuesday and Wednesday were all business days. Saturdays. Sundays, and any holidays or other days on which Bank is generally not open for business will not be considered business days.) Undersigned agrees that Bank may. at its option, record telephone calls made to effect a burrowing from the Line of Credit. Bank will nut be liable for acting in good faith upon telephone orders or requests which Bank believes in lit sole discretion were made or authorized by Undersigned. Bank will be entitled to presume that all telephone callers %no accurately identity Undersigned's Line of Credit account number and the designated Mellon Checking Account number are authorized to conduct Inc transactions described in this Note, even if the designated Mellon Checking Account and/or any burrowing authorization or resolution provides for any covered action to be made by more than one person acting together. or for other special arrangements. Undersigned agrees that this Note amends any other agreement. instruction. resolution or authorization at Undersigned requiring more than one person to act with regard to the [.Inc of Credit or the designated Mellon Checking Account or any other account linked to either the Line of Credit or the designated Mellon Checking Account. Undersigned further agrees that this Note amends (and will be deemed to override) any such agreement. instruction. resolution or authorization made or given by Undersigned in the future as such agreement, instruction, resolution or authorization wuuld otherwise relate to this Note unless that agreement. instruction, resolution or authorization is received by Bank and specs ically indicates that it is intended to modify this Note. All telephone instructions executed by Bank in good faith and in accordance with the procedure described above will be binding upon Undersigned. Notwithstanding any other provision of this Note, Undersigned's ability to burrow money from Bank through the Line of Credit shall not be effective until an authorized representative of Bank has signed this Note to evidence Bank's approval of the Line of Credit. Connaetual Ralelsl: Repayment Schedules. ® Interest at a rate per annum which is 1.25'', ai: a ank s Prime Rate, such rate to change from time to time as of he effective date of each announced change in such Prime Rate. shall be aid when principal payments are due. Principal shall be paid in 5; consecutive monthly installments equal to I! 60 Ill of the principal balance hereof outstanding on the Billing Date. commencing on/0/25/95 , and continuing thereafter on the 25th day ut cacti month: provided. however, that each monthly I ailment of principal will be no Icss than 5100.011. and provided further that the amount of the monthly installment of principal shall never exceed the amount of prnnpal actually outstanding. The enure balance of the mdentedncas. if not sooner paid, shall be due and payable on N /25/00 IThc day of each month on which principal and ter ?n1crest shad tie paid, as described above. is the 'Due Date'.) C3 T1se Billing Date shall be twelve (12) days before the Due Date. "EXHIBIT A" Page lofts M The Billing Date snail be 10 days before th a Date. O The principal balance hereof, together with all accrued and unp id interest, shall be paid on and interest at a rate per annum which is _^a above Bank's Prime Rate, such rate to change from time to time as of the effective date of each announced change in such Prime Rate, shall be paid an the day of each month commencing an The principal balance hereof, together with all accrued and unpaid interest, shall be paid on and interest at a rate per annum which is re above the, CD Rate, such rue to change from time to time as of the effective date of each change in or resetting of the CD Rate, shall be paid on the day of each month commencing on In no event shall the rate charged on this Note exceed the lesser of °o per annum or the highest rate permitted by applicable law. Undersigned agrees that Bank may, at its option, renew or mend the Line of Credit by sending or delivering notice of such renewal or extension to Undersigned. Such notice shall set forth a new Maturity Date for the Line of Credit and any other changes to the terms and conditions of the Line of Credit. Except as specified in such notice, all terms, conditions and provisions of this Note shall remain unchanged. Undersigned further agrees that Undersigned will be deemed to have accepted such renewal or extension if Undersigned (a) borrows money under the Line of Credit after the Maturity Date that was in effect prior to such renewal or extension, (b) snakes any payments due under the Line of Credit after the Maturity Date that was in effect prior to such renewal or extension (other than payment in full of all indebtedness due under the Line of Credit), or (c) otherwise fails to notify Bank in writing that Undersigned declines or rejects such renewal or extension within thirty (30) days after Bank sends or delivers notice of renewal or extension. Undersigned shall pay Bank concurrently with the execution and delivery hereof, or Undersigned Previously has paid Bank, an origination fee of S 100.00 which includes the first year's annual servicing fee for the Line of Credit and a fee to compensate Bank for its underwriting, origination and administration of the Line of Credit. The origination fee shall be deemed fully earned by Bank on the date hereof. In addition. Undersigned will pay Bank an annual servicing fee of 5 50.00 , payable in advance, on or after each anniversary of the date hereof, to compensate Bank for its servicing and administration of the Line of Credit. The fees described in this paragraph shall not be refunded and are in addition to any other fees, costs or expenses which may be due and payable hereunder. Unless Undersigned has authorized Bank to wive payments out of a Stellun Checking Account, as set forth below. Undersigned will mail or deliver to Bank the amount billed by Bank each month. Undersigned will mail or deliver the payments so that Bank receives all ayments no later than the due dates shown on the bills. Q ? . Undersigned authonzcs Bank to take all p• nis of principal and'or interest andlor other amounts due tin this Note out of Undersigned's Mellon Checking Account Number 1922033838 . tined in the name(s) of Cal'a cars n2 c. on or after the due date each month. Undersigned will keep a sufficient balance in this account to cover the full amounts of all required payments. At its option, Bank may terminate Undersigned's ability to use this scrnce. This authorization shall remain in effect until revoked by Undersigned in writing or until the Line of Credit is paid in full and terminated or until Bank has terminated Undersigned's ability to use this service, as the case may be. Prior to maturity, while this authorization is in effect and provtdtu th,l Undersigned keeps a sufficient balance in this account to cover the furl amounts of all required payments, the Contractual Rate(s) shall be reduced by 025% per annum. Thu authorization will be effective even though this Note and the account may be titled in different versions of Undersigned's name. If the original principal amount of this Note shown above is in excess of 510.000.00, or if Undersigned is a corporation, interest shall be calculated on the basis of a 360-flay year and actual days elapsed. If the original pnncipal amount Of this Note shown above is S10,000.00, or less, and Undersigned is not a corporation, interest shall be calculated on the basis of a 365-fay year or 366-day year, as the case may be, and actual days elapsed. "Prime Rate" shall mean the interest rate per annum announced from time to time by Bank as its Prime Rate. The Prime Rate may be greater or less than other interest rates charged by Bank to other borrowers and is not solely based or dependent upon the interest rate which Bank may charge any particular borrower or class of borrowers. If a single certificate Of deposit is held by Bank as collateral security for the indebtedness evidenced by this Note. as more fully described in the Assignment of Deposit Account expressly referring to this Note, 'CD Rate' shall mean the interest rate paid by Bank on such certificate of deposit (the 'Certificate'), said CD Rate to be reset by Bank at each renewal of the Certificate. If more than one certificate of deposit Is held by Bank as collateral security for the indebtedness evidenced by this Note, as more fully described in the Assignment(s) of Deposit expressly refernng to this Note, "CD Rate" shall mean the highest of the interest rates paid by Bank on such certificates of deposit (the 'Certificates"), said CD Rate to be reset at each renewal of each Certificate. Late Charge. If any payment (other than the final payment) is not paid within 15 calendar days after it is due, Undersigned will pay a late charge of the greater of $25.00, or three percent (11%) of the unpaid portion of the scheduled payment due (regardless of whether the payment due consists of principal and interest, principal only or interest only). If the final payment is not paid within 15 calendar days after it is due. Undersigned will pay a late charge of the greater of S25.00, or three percent (37r) of an amount equal to the unpaid portion of a hypothetical payment calculated In accordance with the repayment schedule described above as though such payment were not the final payment (regardless of whether the final payment consists of principal and interest, principal only or interest only). Such late charge shall be in addition to any increase made to the Contractual Rate(s) applicable m the outstanding balance hereof as a result of maturity of this Note or otherwise, as well as in addition to any other applicable fees, charges and costs. Default Rate(s): Pos6Marunty Rate(s). Upon the occurrence of any Event of Default (as defined in this Note), at Bank's option, interest shall accrue at a rate equal to two percent (246) per annum above the Contractual Rate(s) until the earlier of the date that such Event of Default has been cured or until and including the date of maturity hereof. After maturity, whether by acceleration or otherwise, interest shall accrue at a rate Ma percent (2%) per annum above the Contractual Rate(s) until all sums due hereunder are paid. Interest shall continue to accrue after the entry of judgment (by confession or otherwise) at the Contractual Rate(s) until all sums due hereunder and'or under the judgment are paid, except that after matunry or, at Bank's option. upon the occurrence of any Event of Default, interest shall accrue at a rate equal to two percent (2^A) per annum above the Contractual Rate(s). Books and Records: Tme of Essence. So long as Bank is the holder hereof, Bank's books and records shall be presumed, except in the case of manifest error, to accurately evidence at all times all amounts outstanding under this Note and the date and amount of each advance and payment made pursuant hereto. Page 2 of 6 The prompt and faithful performance of all of Undersigned's obligations hereunder, including without limitation time of payment, is of the essence of this Note. Secuntyfnterosr,Seto#andAssignments. To secure all amounts at any time owing or payable under this Note and Undersigned's obligations hereunder, as well as to secure all costs and expenses incurred by Bank in the collection or enforcement of this Note or the protection of any collateral securing this Note (including without limitation all advances made by Bank for taxes. levies. insurance, filing fees, and repairs to or maintenance of said collateral), Undersigned hereby grants to Bank a security interest in. lien upon. and right of setoff against. all deposit accounts, credits. securities. moneys, or other property of Undersigned which may at any time be in the possession of, delivered to. or owed by Bank. Including any proceeds or returned or unearned premiums of insurance, and the proceeds of all the foregoing property. Other property, real or personal, may secure this Note. as set forth in other documents and agreements. Undersigned acknowledges and agrees that Undersigned shall renew, or cause to be renewed, the Certificate(s), if any. until the indebtedness evidenced by this Note has been paid in full. Undersigned further agrees that Undersigned will execute. or will cause to be executed. upon demand by Bank any financing statements or other documents, including, without limitation. additional Assignments of Deposit Account. which Bank may deem necessary or desirable to evidence. perfect or maintain perfection of the security interests created in the Certificate(s) and any renewals, replacements and substitutions thereof. Additional Terms and Conditions 1. Covenants. Undersigned covenants and agrees that until all indebtedness evidenced hereby has been paid in full and until Undersigned's ability to borrow hereunder has terminated. Undersigned shall: (a) maintain at all times a positive tangible net worth: (b) (1) nave all Environmental Permits necessary for the conduct of each of Undersigned's businesses and operations. (2) conduct each of Undersigned's businesses and operations in material compliance with all applicable Environmental Laws and Environmental Permits. (3) not permit to exist any event or condition that requires or is likely to require Undersigned under any Environmental Law to pay or expend funds by way of fines, judgments. damages, cleanup. remediation or the like in an aggregate amount, the payment of which could reasonably be expected to interfere substantially with normal operations of Undersigned or materially adversely affect the financial condition of Undersigned. (4) notify Bank promptly upon becoming aware of any pending or threatened proceeding, suit. investigation. allegation or inquiry regarding any alleged event or condition that, if resohed unfavorably to Undersigned or any of Under igneds subsidiaries or affiliates, is likely to cause Undersigned or any of its subsidiaries or affiliates under any Environmental Law to pay or expend funds by way of fines. judgments. damages. cleaning, remediation or the like. and (5) provide at Undersigned's cost. upon request by Bank. certifications, documentation, copies of pleadings and other information regarding the above, all in form and content satisfactory to Bank: (c) conduct each of Undersigned's businesses and operations in material compliance with all federal, state or local laws. statutes. regulations. rules. ordinances, court or administrative orders or decrees. or private agreements or mterpretanons. new or hereafter in existence. directly or indirectly relating to or affecting Undentened's businesses or operations:. (d) use the proceeds of the Line of Credit evidenced hereby only for business purpusels) specificd to Bank at or prier to the execution hereof: (e) promptly nouh• Bank in wrmng of any chance in Undersigned's residence or Chicf Execime Otfice: (f) purchase and maintain policies of insurance nncludme (loud insurance) to protect against such risks and casualties. and in such amounts. as shall be required by Bank andor applcablc law, which policies shall (1) be in form and substance eausfat:erp to Bank. 12) at Bank's option, designate dank as loss payee and/or as additional insurct and/or contain a lender's loss payable endorsement, and (3) be certificates evidencing same shall be) deposited with Bank; (g) maintain and keep proper records and books of account in conformanc with generally accepted accounting principles applied on a comisren basis in which full, true and correct entries shall be made of a: Undersigned's dealings and business affairs. (2) provide to Bank a Undersigned's cost, upon Bank's request, financial or other information, documentation or certifications (including without limitation annual ant periodic balance sheets and income statements, personal financia statements, federal income tax returns, inventory reports (including ; description of raw materials, finished goods and the aging thereof. a, applicable), and accounts receivable and payable aging reports), all it form and content satisfactory to Bank, and (3) permit, upon request b% Bank, any of the officers, employees or representatives of Bank to visit and inspect any of Undersigned's properties and locations and tc examine its books and records and discuss the affairs, finances anu accounts of Undersigned with representatives thereof, as often as Bank may request: (h) provide additional collateral at such times and havlnc such value as Bank may request. if Bank shall have reasonable ground., for believing that the value of the collateral secunng the indebtedness evidenced by this Note has become miuffiiaent to secure said indebtedness: (j) pay, upon demand by Bank, (1) all costs and fee, pertaining to the filing of any financing, continuation or terminmiun statements, mortgages, satisfaction pieces. judgments and any other type of document which Bank deems necessary or desirable to be filed with regard to security interests which secure the indebtedness evidenced hereby, regardless of whether such security interests were granted by Undersigned. and (2) all costs and expenses incurred by Bank in connection with any collateral securing this Note (including without limitation all advances made by Bank for taxes. levies, insurance, repairs to or maintenance of said collateral, appraisal or valuation of said collateral. and determination of flood hazard), regardless of whether such collateral is owned by Undersigned; and (j) pay, upon demand by Bank. all amounts incurred by Bank in connection with any action ur proceeding taken or commenced by Bank to enforce or collect this Note. including attorney's fees equal to the lesser of (1) 20% of the outstanding principal balance and interest then due hereunder or 5500.00. whichever is greater. or (2) the maximum amount permitted by law, plus attorneys costs and all costs of legal proceedings. 2. Events of 0efauit. The occurrence of any of the following shall constitute an "Event of Default" hereunder: (a) default in payment or performance of any of the indebtedness or obligations evidenced by this Note or any other evidence of liability of Undersigned to Bank: (b) the breach by any Obligor (defined as Undersigned and each surety or guarantor or any of Undersigned's liabilities to Bank as well as any person or entity granting Bank a security interest in property to secure any indebtedness evidenced hereby) of any covenant contained in this Note or in any separate security, guarantee or suretyship agreement between Bank and any Obligor, the occurrence of any default hereunder or under the terms of any such agreement, or the discovery by Bank of any false or misleading representation made by any Obligor herein or in any such agreement or in any other Infofmation submitted to Bank by any Obligor: (c) with respect to any Obligor: (1) death or incapacity of any individual or general partner, or (2) dissolution of any partnership or corporation: (d) any assignment for the benefit of creditors by any Obligor: (e) insolvency of any Obligor, in the filing or commenccmcm of any petition. action. case or proceeding, voluntary or involuntary. under any state or federal law regarding bankruptcy. insolvency. reorganization, receivership or dissolution. including the Bankruptcy Reform Act of 1979, as amended by or against any Obligor, (g) default under the terms of any (case of or mortgage on the premises where real or personal property securing the indebtedness evidenced by this Ndle is located (h) the garnishment, tat assessment. attachment or taking by ;uvcrnmcntal authority or other creditor of any property of any Obligor which is in Bank's pessessien or which institutes security for an indebtedness evidenced hereby: (i) entry of judgment against any Obligor in any court of record ql the asses sment against any Obligor L% the internal Revenue Service or any other federal, state or local taxing Page 3 of 0 authority of unpaid taxes, or the nuance of a levy or the entering of a lien In connection therewith: (k) change in control of or transfer of any interest to any Obligor (other than an Obligor who is an individual); (1) a determination by Bank. which determination shall be conclusive if made in good faith, that a material adverse change has occurred in the financial or business condition of any Obligor, (m) the maturity of any life insurance policy held as collateral for the indebtedness evidenced by this Note by reason of the death of the insured or otherwise: (n) the revocation. termination. cancellation, denial of liability, or the attempt of any of the (oregano, by any Obligor of any obligation or liability whatsoever of the Obligor to Bank, including without limitation any security, guarantee or suretyship agreement; or (a) default by Undersigned in the payment of any indebtedness of Undersigned or in the performance of any of Undersigned's obligations (other than indebtedness or obligations evidenced by this Note or any other evidence of liability of Undersigned to Bank) and such default shall continue for more than any applicable grace period. 3. Aceelena'on; Remedies. Upon the occurrence of any Event of Default: (a) at its option, Bank may immediately, and without notice temporarily stop allowing the borrowing of money, or close Undersigned's Line of Credit and permanently stop allowing the borrowing of money; (b) all amounts due under this Note, including the unpaid balance of principal and interest hereof, shall become immediately due and payable at the option of Bank, without any demand or notice whatsoever, and (e) Bank may immediately and without demand exercise any of its rights and remedies granted herein, under applicable law, or which it may otherwise have, against Undersigned or otherwise. Notwithstanding any provision to the contrary contained herein, upon the occurrence of an Event of Default as described in Section 2(0 hereof, all amounts due under this Note, including without limitation the unpaid balance of principal and interest hereof, shall become immediately due and payable, without any demand, notice or further action by Bank whatsoever. and an action therefor shall immediately accrue. 4. Bank's Rights. Undersigned hereby authorizes Bank, and Bank shall have the continuing right, at its sale option and discretion, to: (a) do anything which Undersigned is required but fails to do, and in particular Bank may, if Undersigned fails to do so, obtain and pay any premiums payable an any policy of insurance required to be obtained or maintained hereunder: (b) direct any insurer to make payment of any insurance proceeds. including any returned or unearned prcmtums, directly to Bank, and apply such moneys to any indebtedness or other amount evidenced berebv in such order or fashion as Bank may elect; (c) pay the proceeds of the Line of Credit evidenced by this Note to any at all of the Undersigned individually or jointly, or to such other person(s) as any of the Undersigned may direct: and (d) add any amounts paid or incurred by Bank under Section 1(t), Section 10) or Section u(a) to the principal amount of the indebtedness evidenced by this Notc. 5. Authonzahon to Borrow. Undersigned hereby represents. warrants, certifies and covenants as fullavss: (a) U Undersigned is a corporation, that the person(s) signing below huld(s) the Office(s) indicated below (and continue to hold such office(s) until Bank has received nonce u) the contrary in writing from Undersigned), and that the Board of Directors of Undersigned has adopted resolutions providing that: (1) the person(s) executing and delivering this Note an behalf of Undersigned ts.are authorized (t) to incur indebtedness and obligations on behalf of Undersigned by borrowing or making other financial arrangements with Bank from time to time, upon terms and conditions as they in their sole discretion deem desirable. (u) to make. execute and deliver promissory notes, letter of credit agreements. Security agreements, assignments, mart gages and all tither docu menu required by Bank in connection with the incurring of indebtedness or obligations, and (tit) to assign and pledge as collateral secunry for any such indebtedness or obligations. now or hereafter existing, any real or personal property of Undersigned: (2) the actions of any one or more officers of Undersigned to borrowing money from Bank heretofore for the account of Undersigned, in assigning or pledging any of Undersigned's property for the payment thereof, or to doing any other act in connection therewith are hereby ratified, confirmed and approved; and (3) said resolutions shall have the force of a continuing agreement with Bank, and shall be binding upon Undersigned until a resolution amending them shall have been duly and legally adopted and Bank furnished a certified copy thereof. (b) (f Undersigned is a partnership. that (1) Undersigned's name shown below u a trade name of Undersigned's firm used in the conduct of an unincorporated business owned entirely by the persons signing this Note on behalf of said partnership; (2) the partners executing and dehvenng this Note are authorized (i) to Incur indebtedness and obligations on behalf of Undersigned by borrowing from or making other financing or credit accommodations with Bank from time to time. upon such terms and conditions as they in their sale dtscretion deem desirable. (it) to make. execute, and deliver promissory notes. letter of credit agreements. security agreements. assignments, mortgages and all other documents required by Bank in connection with the incurring of indebtedness or obligations, and (iii) to assign and pledge as collateral security for any such indebtedness or obligations, now or hereafter existing, any real or personal property of Undersigned; (3) the actions of any one or more partners of Undersigned in borrowing money from Bank heretofore for the account at Undersigned, in assigning or pledging any of Undersigned's property for the payment thereof, or in doing any other act in connection therewith are hereby ratified, confirmed, and approved: (4) notwithstanding any modification or termination of the power of any of the partners to represent said firm, whether by expiration of the partnership agreement, by death or retirement of any partner, or the accession of one or more new partners, or otherwise, and notwithstanding any other notice thereof Bank may receive, this authority shall continue to be binding upon each of the Undersigned individually and upon their death or retirement of any partner, or the accession of one or more new partners, or otherwise, and notwithstanding any other notice thereof Bank may receive, this authority shall continue to be binding upon each of the Undersigned individually and upon their legal representatives, and upon Undersigned and its successors. until Bank has received notice in writing to the contrary signed by one of the Undersigned or by Undersigned's duly autharized agent (Receipt of such notice will not rcceve any partner of any liability arising from obligations incurred prior to Bank's receipt of such notice.), and (5) nothing herein shall be construed to limn the rights granted to a partner by law or by the partnership agreement, but all rights granted herein shall be in addition to such rights. 6. Definition; Miscellaneous Provmons.(a) Undersigned waives (except where requested hereby) notice of action taken by Bank: and hereby ratifies and confirms whatever Bank may do. Bank shall be entitled to exercise any right notwithstanding any prior exercise, failure to exercise or delay in exerctsmg any such nght. (b) Bank shall retain the hen at any judgment entered an account of the indebtedness evidenced hereby. Undersigned warrants that Undersigned has no defense whatsoever to any action or proceeding that may be brought to enforce or realize on any such judgment. (c) If any provision hereof shall for any reason be held invalid or unenforceable, no other provision shall be alfected thercbv. and this Note shall be construed as if the invalid or unenforceable provision had never been a part of it. The descriptive headings of this Note are for convenience only and shall not to any wav affect the meaning or construction of any provision hereof. (d) The rights and privileges of Bank contained in this Note shall inure to the benefit of its successors and assigns, and ire duties tit Undersigned shall bind all heirs, personal representatives. successors and asugns. (e) This Note shall in all respects he governed by the laws of the state in which this Note is payable (except to ire extent that federal law guverns). (f) Page 4 Of 6 ' I I • Undcrsigned hereby Irrevocably appoints bank and each holder hercof as Undersigned's attomcy•in•fact to endorse Undersigned's name to any draft or check which may be payable to Undersigned In order to collect the proceeds of any insurance or any returned or unearned premiums In respect of any policies of Insurance required to be maintained hereunder. Undersigned hereby acknowledges that this appointment of Bank and each holder hereof as attomeydrt•fact is Irrevocable and is coupled with an Interest. (g) Undersigned assigns to Bank all moneys which may become payable on any policy of insurance required to be maintained under this Note, including any returned or unearned premiums. (h) 'Environmental Law" means any federal, state or local environmental law, statute, regulation, rule, ordinance, court or administrative order or decree, or private agreement or Interpretation, now or hereafter in existence, relating to the manufacture, distribution, labeling, use, handling, collection, storage, treatment, disposal or otherwise of Hazardous Substances, or in any way relating to pollution or protection of the environment or public health. (t) Environmental Permit' means any federal. state or local permit, license or authorization issued under or in connection with any Environmental Law. (j) 'Hazardous Substances` means petroleum and petroleum products, radioactwe materials. asbestos. radon. lead containing materials. sewage or any materials or substances defined as or included in the definition of "hazardous wastes," 'hazardous substances," "hazardous materials," 'toxde substances.' 'hazardous air pollutants," *tmdc pollutants," *pollution.* or terms of similar meaning, as those terms are used in any Environmental Law. (k) "Chief Executive Office" mearts the place from which the main pan of the business operations of an entity is managed. (I) 'Uadersigned' refers Individually and collectively to all makers of this Note, including, In the case of any partnership, all general partners of such partnership individually and collectively, whether or not such partners sign below. Undersigned shall each be jointly and severally bound by the terms hereof, and, with respect to any partnership executing this Note, each general partner shall be bound hereby both in such general partner's Individual and partnership capacities. 7. A/RdaW 01 Buslnus Laan. (mss Affidavit is not applicable if Undersigned is a corporation.) Undersigned, being duly authorized, depose(s) and say(s) under penalty of perjury that Undersigned: (a) Is/Are engaged in business as? Owner(s), ? General Partner(s) of. (name and nature of business) (b) Hereby make(s) application to Bank for aloan, the proceeds o(which will be utilized for the purpose(s) of (c) Exercise(s) actual control over the managerial decisions of the business. (Remainder of page intentionally (eft blank) Page S of 6 Confession ofJudgment UNDtrcSIGNED HEREBY 1 HEREOF ANU ALL OTHER AMOUNTS DUE EMPOWERS THE PROTHONOTARY OR ANY HEREUNDER, TOGETHER WITH COSTS OF LEGAL ATTORNEY OF ANY COURT OF RECORD TO APPEAR PROCEEDINGS AND AN ATTORNEY'S COMMISSION FOR UNDERSIGNED AND TO CONFESS JUDGMENT EQUAL TO THE LESSER OF (A) 20% OF THE AS OFTEN AS NECESSARY AGAINST UNDERSIGNED OUTSTANDING PRINCIPAL BALANCE AND IN FAVOR OF THE HOLDER HEREOF, REGARDLESS INTEREST THEN DUE HEREUNDER OR $500.00 OF WHETHER ANY EVENT OF DEFAULT HAS , WHICHEVER IS GREATER, OR (B) THE MAXIMUM OCCURRED, AT ANY TIME AND AS OF ANY TERM, AMOUNT PERMITTED BY LAW, WITH RELEASE OF FOR THE OUTSTANDING PRINCIPAL BALANCE ALL ERRORS. UNDERSIGNED WAIVES ALL LAWS HEREOF PLUS INTEREST DUE UNDER THE TERMS EXEMPTING REAL OR PERSONAL PROPERTY FROM EXECUTION. By signing this Note, Undersigned agrees to all terms of this Note and swears, under penalty orperjury (as set forth In 18 Pa.CSj 4904, If governed by Pennsylvania law), to the Affidavit of Business Loan (1f completed) set forth In Section 7 of this Note. Signatures ' ? Witness the due execution hereof under seal. Witaw: Individual: Witness: Alto a vin Roth, Secretary (Corporate Seal) x (Sell) Name and Address: Individual: I-- ! call Name and Address: Corporation Or Other Entity Cal's Caro, Inc. By. Sirnaturea dTilde) azure and Title) Julia A. Stoug Ptesident^ (Seall Business Address: 1207 Trindle Road Carlisle, Pa. 17013-2635 c`7 Authorized Bask Sipaturt to Evidence sack's Approval of the time of Credit O Mellon Bank, N.A. v B (Si nature and The "• N J 0, Mellon Bank. N.A. Mellon Bank (DE) National Association CL4616 Rev.(7,95) L.C. 5195 LD 5,95 Office Address: CQn.i?c??Zi Page 6 of 6 LAW OFFICES SAIDIS, SHUFF & MASLAND JOHN E. SLIKE A PROFESSIONAL CORPORATION ROBE BERTC C. .SAI SAIDIS 2109 MARKET STREET GEOFFREY S. SHUFF CANIP HILL, PENNSYLVANIA 17001.0737 ALBERT H. MASLAND TELEPHONE: (717) 737.3405 • FACSIMILE: (717) 737.3407 IOHNNA J. DEILY RICHARD P. MISLITSKY t EMAIL: law®ssmattys.com JAMES E. REID. JR. tt KARL M. LEDEBOHM October 7 1999 JOSEPH L. HITCHINGS , MARK W. ALLSHOUSE VIA CERTIFIED and REGULAR MAIL Julia A. Stough, President Cal's Can, Inc. 1207 Trindle Road Carlisle, PA 17013 RE: Mellon Bank, N.A. ("Mellon Bank") v. Cal's Cars, Inc. Commercial Loan No. 101-875-9471 Note and Line of Credit Agreement dated September 28, 1995 In The Original Principal Amount of S20,000 (the "Note") Dear Ms. Stough: CARLLSLLE 0MCE: 26 W. HIGH STREET CARLISLE. PA 17013 TELEPHONE: (717) 2436222 FACSIMILE: (717) 243.6486 REPLYMp HILL Mellon Bank has referred the above referenced account to our office for collection. The above referenced account is currently past due and in default. As a result of such default, all liabilities and obligations under the Note have been accelerated and demand is hereby made for payment in full of all liabilities and obligations due to Mellon Bank as of October 7, 1999 in the amount of $18,547.87, itemized as follows: 1. Principal 517,754.45 2. Interest through October 7, 1999 205.30 3. Late fees 588.12 4. Total due to Mellon Bank as of October 7, 1999 518,547.87 Per Diem (55.50) Please send payment of 518,547.87, together with additional interest to the date of payment, in the form of a cashier's or certified check made payable to Mellon Bank to my office immediately. Upon receipt of your payment, we will remit payment to Mellon Bank and advise Mellon Bank to close your account. If payment of the full outstanding balance of the t CERTIFIED AS A CIVIL TRIAL ADVOCATE 01' THE NOTIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY "LLM INTAM.ATION Exhibit "B" debt is not received in our office within ten (10) days of this letter, the Bank has instructed this firm to proceed to exercise its rights and remedies against you to collect the debt without further notice. If any such action is taken, your debt to Mellon Bank could increase by such amounts as court costs and legal fees. This letter shall be without prejudice to and shall not be deemed a waiver or postponement of any rights or remedies available to Mellon Bank, including, without limitation, Mellon Bank's rights to accept partial payments without waiving demand for payment in full of all obligations due under the above-referenced Note or reinstating Borrower's obligation. Neither this letter nor any subsequent discussion shall be deemed offers to extend the maturity of the loan or otherwise waive any defaults thereunder. Thank you for your consideration in this matter. We look forward to receipt of payment in the immediate future. Very truly yours, SAIDI ; SNUFF & MASLAND r ^ n ,karl M. tedebohm' KML/cg cc: Timothy N. Toth MELLON BANK, N.A. Plaintiff V. CADS CARS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CONFESSION OF JUDGMENT VERIFICATION I, Timothy N. Toth, Banking Officer at Mellon Bank, N.A., being authorized to do so on behalf of Mellon Bank N.A., hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. MELLON BANK, N.A. Date: ID 11 f 2ef By: Timo N oth Banking Officer MELLON BANK, N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. CAL'S CARS, INC., Defendant : CONFESSION OF JUDGMENT CERTIFICATE OF ADDRESSES 1 hereby certify that the precise address of Plaintiff, Mellon Bank, N.A., is Two Mellon Bank Center, Room 152-0200, Pittsburgh, Pennsylvania 15259-0001; and that the last known address of the Defendant, Cal's Cars, inc., is 1207 Trindle Road, Carlisle, Pennsylvania 17013. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: /6/F/ 7 By: u ? e // Kar M. Le ebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff MELLON BANK, N.A. Plaintiff V. CAL'S CARS, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CONFESSION OF JUDGMENT NOTICE TO: Cat's Cars, Inc. 1207 Trindle Road Carlisle, PA 17013 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 761-1881 l .ewe Z&4- Prothonotary I? u?? N t1 V?" G C) c?I tr U \ V J 2 1 `. *rv uJ ?r N- MELLON BANK, N.A., Plaintiff V. CAL'S CARS, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6479 CIVIL : CONFESSION OF JUDGMENT )QMs:Xlf.[LPRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon ajudgment entered by confession in the above matter. (1) directed to the sheriff of Cumberland County; (2) against Cal's Cars, Inc., Defendant; and (3) against Gateway Motors, Inc., as garnishee; (4) and index this writ (a) against Cal's Cars, Inc., Defendant; and (b) against Gateway Motors, Inc., as garnishee and levy upon and attach as required the following: Any and all personal property of Defendant, Cal's Cars, Inc., including, without limitation, any and all equipment, machinery, motor vehicles, furniture, fixtures and inventory found at 1207 Trindle Road, Carlisle, Pennsylvania 17013 or in the possession of Garnishee, Gateway Motors, Inc. found at the same address. (5) Amount due: $22,266.36 Interest from 10/21/99 $5.55 per day (to be added) Attorneys fees (to be added) -"` Costs (to be added) ` ... .11 Certification I certify that (a) This praecipe is based upon a judgment entered by confession; and (b) Notice was served in connection with a prior execution on this judgment and, pursuant to Rule 2958.4(b) no further notice is required. Respectfully submitted, SAIDIS, SITYFF & MASLAND Date: I q1O& Supreme Court ID 1!59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff u r. - cn • t _ r ?7 • w ? n n- N h ' *r5 7 r S rr SHERIFF'S RETURN - GARNISHEE CASE NO: 1999-06479 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MELLON BANK NA VS CAL'S CARS INC And now DAWN L. KELL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1406:00 Hours, on the 17th day of February , 2000, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , CAL'S CARS INC hands, possession, or control of the within named Garnishee GATEWAY MOTORS INC 7 TRINDLE ROAD , in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to MARGARET PATRICK, SECRETARY AND ADULT IN CHARGE personally three copies of interogatories together with THREE true and attested copies of the within WRIT, NOTICE OF JUDG, PET and made the contents there of known to Her . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answers: R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this )a e-- day of a"V A.D. clot ? 6. ? hE&othonotary By QL,, xYfl ?l - ILL(IL Deputy-Sheriff !-r I U 0 [?-I-M R. Thomas Kline, Sheriff, who being duly sworn according Wtolaw, states this writ is returned ABANDONDED. No action has been Toen in the last six months. Sheriff's Costs: Advance Costs: $300.00 Docketing $18.00 Sheriff's Costs: 70.99 Law Library .50 $219.01 Prothonotary 1.00 Service 3.10 Garnishee 9.00 Surcharge 18.00 Levy 20.00 Poundage 1.39 $70.99 So AnsL a F. Thomas Kline, Sheriff Sworn and subscr ibed to before me This I * day of mt12E n ^ BY i 2000, A.D. ,r '-Q.7hc[Cw D uty Sher ff i ? thonotary ;o r v .o :'lllrl,?;''';N3d lid EE Z 1X30 IjIb.iuS ehi !U ?:)idl0 pvG1, g01B j?4,t,,/e.? 7// WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 99-6479 CIVIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION • LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Mellon Bank, N.A. from Calls Cars, Inc., 1207 Trindle Road, Carlisle PA 17013-2635 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Any and all personal _including without limitations all itmrentory including returned or repossessed goods, f=iture, ogui meet, rrcx3tinery and cash at above address. (2) You are also directed to attach the property of the dolondant(s) not levied upon in the possession of Any and-all ? Assonal property of Defendant Calls-Cars, Inc. includin without limitation, any and all equipment, machinery, motor vehicles, furniture, f xtures and inventory found at 1207 Trindle Road, Carlisle, Pennsylvania 17013 or in the possession of Garnishee, Gateway Motors, INc. found at the same address. GARNISHEE(S) as follows: and to notify the garnishoo(s) that: (a) an attachment has been Issued; (b) the garnishoo(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) 11properlyof the defendant(s) riot levied upon an subjectlo attachment isfound inthe possessionof anyonoother than a named garnishee, you are directedto notify him/horthat he/she has been added as a garnishee and is onjoined as above slated. Amount Interest Ally's Comm Ally Paid $32. 50 Plaintiff Pail Dale: November 19, 1999 Other Costs Curtis R. Long REQUESTING PARTY: Name Karl M. Ledebohm, Esq. Address: 2109 Market St. Attomey for Camp Rill PA 17011 Plaintiff Telephone: (717) 737-3405 Supremo Court ID No. 59012 $22,266.36 L.L. $.50 from 10/21/99 @ $5.55 per diem Duo Prothy S1,00 Proth no ry, Civil Division by; L?lt U- 0 Deputy MELLON BANK, N.A., Plaintiff V. CAL'S CARS, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6479 : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter. (1) directed to the sheriff of Cumberland County; (2) against Cal's Cars, Inc., defendant, c/o Julia A. Stough, 21 Kenmar Drive, Shermansdale, Perry County, Pennsylvania 17090; and (3) against James Connelly Ud/b/a Drive Time Sales and Service, garnishee, 1207 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013; and (4) against Calvin Roth t/d/b/a CCR's Car Lot, garnishee, 705 East King Street, Shippensburg, Pennsylvania 17257; (5) and index this writ (a) against Cal's Cars, Inc., defendant, c/o Julia A. Stough, 21 Kenmar Drive, Shennansdale, Perry County, Pennsylvania 17090; (b) against James Connelly t/d/b/a Drive Time Sales and Service, garnishee, 1207 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013; and (c) against Calvin Roth t/d/b/a CCR's Car Lot, garnishee, 705 East King Street, Shippcnsburg, Pennsylvania 17257; and levy upon and attach as required the following: (a) Any and all personal property of Defendant, Cal's Cars, Inc., including without limitation, any and all equipment, machinery, motor vehicles, furniture, fixtures, inventory, including, without limitation, computer equipment, software and computer monitors, garage refdgemtor, office chairs, tool box, scope, scanner, air compressor, coal stove, lift, shop cart, portable canvass garage and tools held in the possession of Garnishee, James Connelly, t/d/b/a Drive Time Sales and Service at 1207 Trindlc Road, Carlisle, Cumberland County, Pennsylvania 17013 or in the possession of garnishee Calvin Roth t/d/b/a CCR's Car Lot at 705 East King Street, Shippensburg, Pennsylvania 17257. (6) Amount due: $22,266.36 Interest from October 20, 1999 at $5.55 per day Attorney's fees (to be added) Costs (to be added) Certification I certify that (a) This praecipe is based upon a judgment entered by confession; and (b) Notice was served in connection with a prior execution on this Judgment, pursuant to Rule 2958.4(b), no further Notice is required. SAIDIS, SHUFF, FLOWER & LINDSAY e?lal? Date: Z / Z B t?- 4) 02?? l I M. debohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff c y J M u Q3 c ' f cr ^ I 1 n N c . ;N7 p,. ? ? 0- V :? r' ? in t.U SHERIFF'S RETURN - GARNISHEE J CASE NO: 1999-06479 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MELLON BANK NA VS CAL'S CARS INC And now SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1410:00 Hours, on the 15th day of February , 2001, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT CAL'S CARS INC hands, possession, or control of the within named Garnishee JAMES CONNELLY T/D/B/A DRIVE TIME SALES & SERVICE TRINDLE RD. CARLISLE PA 17013 Cumberland County, Pennsylvania, by handing to , in the JAMES CONNELLY , personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answers: %/?? R. Thomas Kline Sheriff of Cumberland County 00/00/00 Sworn and subscribed to before me By this day of ht4,,,.,ti J6V( l A.D. a .... 0. ?14 PPr, _ ?P Prothbnotary 1 SHERIFF'S RETURN - GARNISHEE CASE NO: 1999-06479 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MELLON BANK NA VS CAL'S CARS INC And now RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1514:00 Hours, on the 21st day of February , 2001, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT CAL'S CARS INC in the hands, possession, or control of the within named Garnishee CALVIN ROTH T/D/B/A CCR'S CAR LOT 705 EAST KING STREET SHIPPENSBURG. PA 17257 Cumberland County, Pennsylvania, by handing to CALVIN ROTH personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answers- R. Thomas Kline Sheriff of Cumberland County 00/00/00 Sworn and subscribed to before me By this 14j-_ day ofhu?.j,-? )1-1 A.D. ' ?f? Pr tionotary f' S R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing 18.00 Poundage 2.65 Advertising Law Library Prothonotary 1.00 Mileage 15.50 Misc. Surcharge 40.00 Levy 40.00 Post Pone Sale Garnishee 18.00 Advance Costs: 150.00 Sheriffs Costs: 135.15 r 14.85 Refunded to Atty on 7/1/02 Sworn and Subscribed to before me this _9'k day of 44 2002 A.D. +5 prat o otaryVINbAI1SNN3d 10, lid as E 6 033 A1NAO. n', :;-;UH00 4JIU3Ns 3141 30 3'11330 So Answers; R. Thomas Kline, Sheriff .ALJ BY?&- &kL06d lr'a •.k.3'1x.o? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-6479 CIVIL TERM COUNTY OF CUMBERLAND) CIVIL ACTION • LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Mellon Rank, N.A. PLAINTIFF(S) from -Calls Cars, Inc., c/o Julia A. Stough, 21 Kennar Drive, Shermansdale, Perry r,,,,nty anon DEFENDANT(S) (1) You are directed to levy upon the properly of the defendant is) and to sell any and all personal (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of fixtures, inventory, including without limi£ation, computer equipment, software and DoFnputer-monitor-"arage-re€r-igeratar-,-offi h_:ws, i h ,soo, -canner, air conpressor, coal stove, lift, shop cart, portable canvass garage and tools held in posse of-6ernishee-,--James-Connellyj-t/d7b/a-3rivF ime-Saks-and gerviee at 120 "4adle boarl, Carlisle, PA 17013 or in the possession of garnishee Calvin Roth GARNISHEE(S) as follows': t/d/b/a CCR's Car Lot at 705 Fast King St., Shippensburg, PA 17257 and to notify the garnishee(s) that: (a) an attachment has been Issued; (b) the garnishee(s) islare enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the delendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found inthepossession ofanyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 522,266.36 _ Interest -from 10/20/99 at $5.55 per day Ally's Comm Ally Paid $117.49 Plaintiff Paid Date: Enhniary 8, 99001 REOUESTING PARTY: Name Karl M. Ledebohm, Esq. Address: 2109 Market Street Camp Hill, PA 17011 Altorneyfor: Plaintiff Telephone: 717-737-3405 L.L. Duo Prolhy SL.UU Other Costs OWA ?Proth otar Civil Di Ion ..11y' C? ?(SV2ill. Deputy Supreme Court ID No. L re\mjsc\1etD13enjrm THIS AGREEMENT made the by and between 9? -1??Io? STIPULATION AGAINST LIENS 25th day of October 1999, W. S. MILLER & SONS INC. hereinafter referred to as Contractor, AND NEW CUMBERLAND LIBRARY & CULTURAL FOUNDATION, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct an addition to the existing building at 498 Ninth Street situate in the Borough of New Cumberland, Cumberland County, Pennsylvania and more particularly described on the attached exhibit. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to it in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of W. S. MILLER & SONS INC. t + By _ ?i ea a (SEAL) (Z_tjtLLy__W..> Cassel NEW CUMBERLAND LIBRARY & CULTURAL FOUNDATION By -Ch- t n° (SEAL) nF es tone, Pres. r ? ? 5 941 Z i, lA N V tf 7 ?Gu ? Zj ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, having thereon erected a stone dwelling house being known and numbered as 498 Ninth Street, bounded and described as follows, to wit: BEGINNING at a point at the southeast corner of Ninth and Sharon Streets; thence in a northeasterly direction along the curb line of Ninth Street, one hundred twenty-five (125) feet to a point in said curb line, marked with an "X" cut into the top of said curb; thence in a southeasterly direction, one hundred (100) feet to a point marked with a brownstone post with an "X" cut in the top thereof; thence in a southwesterly direction, one hundred thirty (130) feet to a point in the curb line of Sharon Street, marked with an "X" cut in the curb; and thence in a northwesterly direction, one hundred (100) feet to the southeast corner of Ninth and Sharon Streets, the point and place of BEGINNING. SUBJECT to the conditions, stipulations and restrictions fully set forth in the deed of Elmira A. Brandt, et al, to John Campbell, dated the 17th day of October, 1921, and recorded in the office of Recorder of Deeds in and for Cumberland County in Deed Book "J", Volume 9, Page 171. BEING the same premises which Dale F. Shughart, President Judge of the Court of Common Pleas of Cumberland County, fogi 135 FACE 201 Pennsylvania, by a Decree Awarding Real Estate dated November 28, 1978, in the Estate of Jane E. Rhoads, deceased, awarded to Frances K. Richter, widow, said Decree having been recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book "E", Volume 28, Page 176. The said Frances K. Richter, widow, died February 22, 1991, and Letters Testamentary were issued to William F. Martson by the Register of Wills of Cumberland County, Pennsylvania on February 27, 1991. tppK 1 ?5 FACE 202