Loading...
HomeMy WebLinkAbout03-5519MANUFACTURES AND TRADERS : IN THE COURT OF COMMON PLEAS TRUST COMPANY, Successor in Interest : CUMBERLAND COUNTY, PENNSYLVANIA to FARMERS BANK AND TRUST COMPANY OF HANOVER, Plaintiff VS. THE GENERAL CASTING COMPANY, Defendant : CIVIL ACTION - LAW : No. CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, 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 the Defendant as follows: Principal Sum Due - Interest to 10/8/03 - Late Fees - Satisfaction Fees - Total - $109,603.15 1,683.20 533.31 27.00 $111,846.66 Plus interest which continues to accrue after October 8, 2003, at the contract rate ($21.86 per diem), reasonable attorney's fees and costs. Prothonotary MANUFACTURES AND TRADERS TRUST COMPANY, Successor in Interest to FARMERS BANK AND TRUST COMPANY OF HANOVER, Plaintiff VS. THE GENERAL CASTING COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. COMPLAINT 1. The Plaintiff is Manufactures and Traders Trust Company, a New York State banking corporation, successor in interest to Farmers Bank and Trust Company of Hanover, with an office located at the Troup Building, 4th Floor, 213 Market Street, Harrisburg, Pennsylvania 17101-2141. 2. The Defendant is The General Casting Company, a corporation organized under the laws of the State of Ohio, and with a place of business in the Commonwealth of Pennsylvania at 222 North Queen Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. On July 8, 1991, the Plaintiff loaned to the Defendant the sum of Five Hundred Thousand Dollars ($500,000.00) as evidenced by a Promissory Note and subsequent Promissory Note Modification Agreement and Declaration of No-Set Off dated March 24, 1993, (collectively the "Note"), a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Note and debt have not been assigned. 5. Judgment has not been entered on the Note in any jurisdiction. 6. De fendant is currently liable to Plaintiff as follows: Principal Sum Due - $109,603.15 Interest to 10/8/03 - 1,683.20 Late Fees - 533.31 Satisfaction Fees - 27.00 Total o $111,846.66 Plus interest which continues to accrue after October 8, 2003, at the contract rate ($21,86 per diem), reasonable attorney's fees and costs. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. Attached hereto and incorporated herein as Exhibit "B" is the Notice to Defendant required by 42 Pa.C.S.A. §2737.1. WHEREFORE, Plaintiff requests that judgment be entered in favor of the Plaintiff, Manufactures and Traders Trust Company, and against the Defendant, The General Casting Company in the amount of: NOTICE TO THE DEBTOR/DEFENDANT AS REQUIRED BY 42 Pa.C.S.A..~2756 To~ The General Casting Company 222 North Queen Street Shippensburg, PA 17257 Attached hereto you will find a copy of Pennsylvania Rule of Civil Procedure 2959 which provides instructions regarding the procedure to follow to strike a confessed judgment. You should be further advised that any party to a confessed judgment which has been incorrectly identified is entitled to costs and reasonable attorney's fees as determined by the Court. Attorney for Manufactures and Traders Trust Company AI*FII~AVIT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LEBANON : Jeffi'ey S. Linden, Assistant Vice President, of Manufactures and Traders Trust Company, being duly sworn according to law, deposes and says that he has authority to sign this Affidavit on behalf of Manufactures and Traders Trust Company and that the facts set forth in the foregoing Complaint are tree and correct to the best of his knowledge, information and belief; and that the copy of the Promissory Note and subsequent Promissory Note Modification Agreement and Declaration of No-Set Off dated March 24, 1993, Exhibit "A" attached to the Complaint, is a hue and correct copy of the original which is held in the files of the P~mtiff and which was executed and delivered by the Defendant to Plaintiff Sworn and subscribed to before me this: Iq___~~ a~y of C~.,' , 2003. MANUFACTURES AND TRADERS TRUST COMPANY Assistant Vice President PROMISSORY NOTE $500,000.00 -~ ~,~ "1 <:~ ,1991 FOR VALUE RECEIVED, and intending to be legally bound hereby, THE GENERAL CASTING COMPANY, an Ohio Corporation, (hereinafter referred to as "Maker"), promises to pay to the order of FARMERS BANK AND TRUST COMPANY OF HANOVER, a Pennsylvania banking institution ("Bank"), or any subsequent holder hereof, the principal amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), in lawful money of the United States, together with interest at the rate as hereinafter provided and any additional charges or funds advanced hereunder, at the offices of the Bank or such other address as the Bank may designate by written notice to the Maker. INTEREST-The unpaid principal balance shall bear interest at the following rate per annum: (a) From the date hereof until fixed at 11.00% per ann~m. (b) From ~<¥ ~ , 199.c~, and continuously thereafter until all indebtedness hereunder is paid in full, the interest rate shall be adjusted every thirty-six (36) months and adjusted to the weekly average yield on United States Treasury securities, as made available by the Federal Reserve Board in its Federal Reserve Statistical Release, adjusted to a constant maturity of 3 years plus 3.00%, and rounded up to the nearest .125%. Interest shall be calculate~ on the basis of a 360-day year and 30- day month. Accrued interest shall be payable as provided herein. Accrued interest shall also be payable when the entire principal balance of this Note becomes due and payable (whether by stated maturity, demand or acceleration) or, if earlier, when such principal balance is actually paid to Bank. Interest shall accrue on each disbursement hereunder from ~he date such disbursement ~$ made by Bank. Interest shall accrue on the unpaid balance hereof at the rate provided for in this Note until the entire unpaid balance has been paid in full, notwithstanding the entry of any judgment against Maker. REPAYMENT-The principal sum and interest shall be paid by Maker to Bank as follows: Repayment to be made in 180 installments of principal and interest in the amount of $5,6~.20 each, the first such payment being due and payable on the ~ day of ~ , 1991, and on the same day of each consecutive month thereafter, except that the final installment shall be equal to the balance of principal and interest remaining unpaid hereunder. Changes in the rate of interest will require corresponding changes in the amount, but not the number, of monthly installments. PRBPAYMENT-Maker may prepay all or any portion of the principal balance hereunder at any time without premium or penalty. COLLATERaL-As security for all indebtedness to Bank now or hereafter incurred by Maker, under this Note or otherwise, Maker grants Bank a lien upon and security interest in any personal property of Maker now or hereafter in Bank's possession and in any deposit balances now or hereafter held by Bank for Maker's account. Such liens and security interests shall be independent of Bank's right of setoff. Additionally, to secure the performance of this and all other obligations to Bank of Maker or any other parties to this Note, whether now existing or hereafter incurred, Maker grants to Bank a security interest in the collateral described below, complete with all present and future attachments, accessories and replacements of all or any parts thereof and all additions thereto or substitutions therefore, and in any insurance policies thereon, and dividends, distributions and other rights on or with respect to, and the proceeds thereof (all of which is referred as "Collateral") with authority to collect, sell, transfer and rehypothecate. In case the market value of the Collateral or any part thereof shall suffer any decline, Maker agrees upon demand of the Bank to deliver to and pledge with the Bank additional collateral as the Bank shall in its discretion require. Description of Collateral: Mortgage lien on real estate situate at North Queen Street, Shippensburg Township, Cumberland County, Pennsylvania, more particularly described in that certain mortgage agreement (the "Mortgage") of even date herewith between Maker and Bank. L~TE CHARGE-If any payment hereunder is not paid when due, and continues unpaid for a period of ten (10) days thereafter, maker agrees to pay to bank as a late charge an amount computed at a rate of five percent (5%) of such past due amount. The late charge shall be in addition to any interest due. Notwithstanding the foregoing, in no event shall any late charge be less than ten dollars ($10). REPRESENTATIONS BY MAKER-Maker represents that it is validly existing and in good standing in the jurisdiction under whose laws it was organized. Maker represents and warrants that the execution, delivery and performance under this Note are within Maker's corporate powers, have been duly authorized by all necessary action by Maker's Board of Directors, and are not in contravention of the terms of Maker's articles of incorporation, 2 by-laws, or any resolution of its Board of Directors. Ail Makers warrant and represent that this Note has been validly executed and is enforceable in accordance with its terms, that the execution, delivery and performance by Maker hereunder are not in contravention of law and do not conflict with any indenture, agreement or undertaking to which Maker is a party or is otherwise bound, and that no consent or approval of any governmental authority or any third party is required in connection with the execution, delivery and performance under this Note. SUBSEQUENT HOLDERS-In the event that any holder of this Note transfers this Note for value and in good faith, the Borrower agrees that no subsequent holder of this Note shall be subject to any claims or defenses which the Borrower may have against a prior holder, all of which are waived as to the subsequent holder, and that all subsequent holders shall have all of the rights of a holder in due course with respect to the Borrower even though the subsequent holder may not qualify, under applicable law, absent this paragraph, as a holder in due course. DEFAULT-Each of the following shall be an Event of Default hereunder: a. If any payment of principal or interest under this Note is not paid when due, or within ten (10) days thereafter; or b. If Maker or any endorser, surety or guarantor of this Note defaults in the payment or performance of this Note or any other obligation to Bank or to any other holder hereof or fails to perform or comply with any agreement with Bank or any other holder hereof; or c. If Maker or any endorser, guarantor or surety is unable to pay its debts as they mature; becomes insolvent; voluntarily suspends transaction of its business or operations; makes an assignment for the benefit of creditors; files a voluntary petition to reorganize or to effect a plan or other arrangement with creditors; or has an involuntary petition filed against it pursuant to the Bankruptcy Code or any amendments thereto; or applies for or consents to the appointment of a receiver or trustee of all or part of its property; institutes liquidation~ dissolution, merger or consolidation proceedings; or d. If there is entered against Maker a judgment, levy, or lien cf a material nature or if a writ or warrant of attachment, execution, garnishment, distraint, possession, or any similar process of a material nature shall be issued by any court against all or a part of the property of Maker; or e. If or any endorser, surety or guarantor dies or is judicially declared incompetent; or 3 'easonable/ If there is a taking of possession of a substantial part of the property of Maker at the instance of any governmental authority; or If Maker fails to pay any income, excise, or other taxes of any nature whatsoever when due and payable or fails to remit when due to the appropriate governmental agency or authorized depository any amount collected or withheld from any employee of Maker for payroll taxes, Social Security payments or similar payroll deductions; or If the Maker or any endorser, surety or guarantor fails to provide the bank with required financial information; or If there is a change of management, ownership, or control of Maker or any endorser, surety or guarantor; or If the Bank determines in good faith that it deems itself insecure with regard to repayment hereunder, or that a material adverse change in the financial condition of the Maker, or any endorser, surety or guarantor of this Note has occurred since the date of this Note. REMEDIES UPON DEFAULT-Upon the occurrence of one or mere Events of Default, at the Bank's option, the entire unpaid balance of this Note and all accrued interest shall be immediately due and payable without notice or demand, and Bank may, immediately or any time thereafter, exercise any or all of its rights under any agreement or otherwise under applicable law against Maker, against any person liable, either absolutely or contingently, for payment of any indebtedness evidenced hereby, and in any collateral without regard to any marshalling requirements, and such rights may be exercised in any order and shall not be prejudiced by any delay in Bank's exercise thereof. The Bank may set off against all other obligations of Maker to Bank all money owed by the Bank in any capacity to Maker. In addition to the principal and interest and other sums payable hereunder, Maker agrees to pay Bank on demand, all costs and expenses which are incurred by Bank in the collection of this Note or the enforcement of Bank's rights and remedies hereunder, lnclud%ng~attorneys fees~~x~x~x~f kk~xmm~aimlx~m~m. Whether or not a default has occurred, Maker and any endorser hereby authorize and empower the Prothonotary or any attorney of any court of record of Pennsylvania or within the United States to appear for the Bank and confess judgment against such Maker or endorser for such unpaid balance and costs, with release of all errors and without stay of execution. All rights and remedies of Bank are cumulative and concurrent and no single or partial exercise of any power or privilege shall preclude any other or further exercise of any right, power or privilege. This Note is the unconditional obligation of Maker and each additional person, if any, obligated for repayment of the indebtedness evidenced hereby agrees that Bank shall not be required to exercise any of its rights or remedies against any collateral in which it holds a lien or security interest, or against which it has right of setoff, or against any particular obligor. 4 MISCELLANEOUS-Any demand for payment or any notice required to be given by Bank under the provisions of this Note shall be effective as to each Maker when addressed to Maker and deposited in the mail, postage prepaid, for delivery by first class mail at Maker's billing address as it appears on Bank's records. Maker and any endorsers, sureties and guarantors waive presentment, dishonor, notice of dishonor, protest, notice of protest, and notice of any renewal, extensions, modification or change of time, manner, place or terms of payment. Maker, and any endorsers, sureties an4 guarantors herehy waive any right to trial by Jury of any issues of fact in any action relatlng to any rights or obligations under this promissory note or other documents relating to this transaction. Neither the failure nor any delay on the part of Bank to exercise any right, remedy, power or privilege hereunder shall operate as a waiver or modification thereof. No consent, waiver or modification of the terms of this Note shall be effective unless set forth in a writing signed by Bank. All payments due under this Note are to be made in immediately available funds. If Bank accepts payment in any other form, such payment shall not be deemed to have been made until the funds comprising such payment have actually been received by or made available to Bank. If any provision of this Note shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof. This Note has been delivered in and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to the law of conflicts. This Note shall be binding upon each Maker and each additional endorser, guarantor, or surety and upon their personal representatives, heirs, successors and assigns, and shall benefit Bank and its successors and assigns. IN WITNESS WHEREOF, Maker has executed and delivered this Note under seal as of the day and year first above written. THE GENERAL CASTING COMPANY (Name and Title ~yped) (Name and Title Typed) 5 PROMISSORY NOTE MODIFICATION AGREEMENT AND DECLARATION OF NO SET-OFF THIS AGREEMENT, made this ~9~ day of ~ , 1993, by and between THE GENERAL CASTING COMPANY, an Ohio corporation (the "Maker") and FARMERS BANK AND TRUST COMPANY OF HANOVER, a Pennsylvania banking corporation (the "Bank") to modify the Promissory Note dated July 8, 1991, (the "Note"), given in connection with that certain Mortgage(s) aisc dated July 8, 1991 (the "Mortgage") to secure payment of an original princi- pal indebtedness of Five Hundred Thousand Dollars ($500,000), said Mortgage having been recorded in Cumberland County Mortgage Book Io~o , Page ~ , as a lien on the premises therein de- scribed, situate in Shippensburg Township, Cumberland County, Pennsylvania (the "Mortgage"). WITNES SETH : WHEREAS, on July 8, 1991, Maker made, executed and delivered to Bank a Promissory Note in the principal amount of Five Hundred Thousand Dollars ($500,000), which Note is incorporated herein by reference thereto and made a part hereof, and is indebted there- under to Bank for monies advanced and required to be advanced to or on behalf of Maker by Bank under and subject to the terms of the Note and related docualents and instruments; and WHEREAS, the outstanding principal balance of the Note is $ 5~ ~ ~.~ , together with interest thereon accrued and accruing; and WHEREAS, the parties hereto have agreed to adjust the interest rate applicable to Note effective ~[ % , 1993; and WHEREAS, Maker has no defense, charge, defalcation, counter- claim, plea, demand or set-off against the Note or any document or instrument related t~ereto or associated therewith, and acknowledges and agrees that said Mortgage is now and shall remain as a valid lien on the mortgaged premises; and WHEREAS, the parties hereto desire to formalize their agreement for this modification and amendment of Note and Mort- gage. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto covenant and agree as follows: 1. That the introductory clauses set forth above are incorporated herein by reference and made a part hereof. 2. That as of the date hereof, the outstanding principal balance of the Note is 3. That the interest rate on the Note shall be fixed at 7.5% for one (1) year, effective ~e~u ~ , 1993. The interest rate shall be adjusted on ~o~%~ ~ , 1994, and every year thereafter and indexed to the then weekly average yield of the one (1) year U.S. Treasury Security Rate plus 3.00%, adjusted to a constant maturity of one (1) year and rounded upwards to the nearest .125%. 4. That the loan will continue to be payable in consecu- tive monthly installments of principal and interest. The monthly payment amount due on j~_~_.~%L 8, 1993 will be $5,683.20. For the period from ¥~,~ 8, 1993, to and including ~ 8, 1994, the monthly payment amount will be $ ~9~'I~ Thereafter, the monthly payment amount may cha~ge to reflect changes in the interest rate. The final installment equal to the remaining principal balance including interest is still due on July 8, 2006. 5. That the Note as amended is secured, among other things, by said Mortgage covering all that certain tract(s) of land and improvements thereon situate at North Queen street, Shippensburg Township, Cumberland County, Pennsylvania. 6. That it is understood and agreed by the parties hereto that this Agreement does not constitute the creation of a new debt or the extinguishment of the debt evidenced by the Note and Mortgage, nor does it in anywise affect or impair the lien of the Mortgage, which the parties hereby acknowledge to be a valid and subsisting lien on the mortgaged premises, or any additional and other security provided by Maker to Bank, and the lien of said Mortgage, as well as any such additional and other security, is agreed to have continued force and effect from the date thereof, unaffected and unimpaired by this Agreement, and the same shall so continue until fully satisfied. 7. That in all other respects, the Note and Mortgage shall remain in full force and effect, and without limiting the generality of the foregoing, all remedies and warrants of attor- ney therein are ratified and confirmed and incorporated herein by reference. 8. That any and all reference to the Promissory Note dated July 8, 1991, in writings of the same or subsequent date shall be deemed to be or to have been made and to refer to the Mortgage Note dated July 8, 1991, as amended and modified from time to time. IN WITNESS WHEREOF, this Modification Agreement has been duly executed as of the day and year first above written. ATTEST: THE GENERAL CASTING COMPANY "Maker" FARMERS BANK AND TRUST COMPANY OF HANOVER ta~Vlce President ,,Bank,, -3- STATE OF O~ : : SS. COUNTY OF ~-~f : who acknowledged (her)himself to be ~e~l~?D~7~.O., --of THE GENERAL CASTING COMPANY, and that (s)he, as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the organiza- tion by (her)himself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SANDRA DENNIS NOTARY PUBLIC. STATE OF OHIO MY COMMISSION EXPIRES 9.19.96 COMMONWEALTH OF PENNSYLVANIA : SS. cou. TY On th+s, the._N~day of~fC~ , ~993, ~e~grq,me, the underszgned officer, personally ~pear.e,d~_~)~c~(¢~ who ac~owledged ~himself to be ~%~ .~f~ ~~of F~RS ~K ~D ~UST COMPLY OF ~O~R, and that (s)he, as such officer being authorized so to do, executed the foregoing inst~ment for the pu~oses therein contained by signing the name of the organization by (~)himself as such officer. IN WITNESS WHEREOF, seal. I hereunto set my hand and official ~A. Stem~N~wPubilc ~Commiss~nEy, pir~Oct. 14,~gg6 -4- RULES OF CIVIL PROCEDURE - CONFESSION OF JUDGMENT RuDe 2959. Striking Off or Opening Judgment; Pleadings; Procedure (a)(l) Relief fi.om a judgment by confession shall be sorght by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike offthe judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriffto enforce the judgment. (2) The ground that the waiver of the due process rights of notice and tearing was not voluntary, intelligent and knowing shall be raised only (i) in support ora further request for a stay of executinn where the court has not stayed execution despite the timely filing of a petition for relief fi.om the judgment and the presentation of prima facie evidence ora defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1 (c)(2) or Rule 2973.1 (c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the Petition states prima facie grounds for relief and the court shall issue a rule to show causeand may grant a stay of proceedings. After being served with a copy of the petition the plaintiffshall file an answer on or before the retum day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to sow cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike offthe judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jary the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. Adopted Jtme 27, 1969, effective Jan. l, 1970. Amended Oct. 4, 1973, effective Dec. 1, 1973; Nov. 14, 1978, effective Dec. 2, 1978; Dec. 14, 1979, effective Feb. 1, 1980; June 20, 1985, effective Jan. 1, 1986; April l, 1996, effective July l, 1996. Explanatory Comment - 1979 Amendment to Rule 2959(a). The Act of March 27, 1945, P.L. 83, as amended, 12 P.S. §§913,914 provided that if a confessed judgment is transferred to another county or if a writ of execution upon it is direct4ed to another county, the defendant has the option to petition to open either in the county where the judgment was originally entered or in the county to which it was transferred or to which the execution was directed. This Act is repealed by JARA. Subdivision (a) of Rule 2950 has been amended to continue the procedure. The scope of the repealed Act is enlarged by granting optional venue in the case ora petition to strike the judgment as well as petitions to open. This consisted with subdivision (a) of Rule 2959 which requires all grounds for relief, whether to open or to strike, to be raised at one time. To prevent bifurcation of the proceedings, the optional venue must be extended to both forms of relief. EXHIBIT "B" MANUFACTURES AND TRADERS : IN THE COURT OF COMMON PLEAS TRUST COMPANY, Successor in Interest : CUMBERLAND COUNTY, PENNSYLVANIA to FARMERS BANK AND TRUST COMPANY OF HANOVER, Plaintiff VS. THE GENERAL CASTING COMPANY, Defendant : CIVIL ACTION - LAW : No. oa - PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Marc A. Hess, Esquire of the firm of Henry & Beaver LLP, whose address is 937 Willow Street, Lebanon, Pennsylvania 17046 as attomey for Manufactures and Traders Trust Company the Plaintiff in the above-captioned matter. Dated: 0 (~/d2, 2003 I.D.#55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 MANUFAC' TRUST CO? to FARMER COMPANY THE GENER ?URES AND TRADERS {PANY, Successor in Interest BANK AND TRUST 3F HANOVER, Plaintiff VS. AL CASTING COMPANY, Defendant COMMONW COUNTY OF LEBANON : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSY] : CIVIL ACTION - LAW : : No. 03-5519 Civil Term AFFIDAVIT OF SERVICE 2ALTH OF PENNSYLVANIA: : SS, : I, Lisa I. Fox, of the law firm of Henry & Beaver LLP, do hereby certify that on t 24, 2003, I for?yarded a tree and correct copy of the Notice Under Rule 2958.1 of Execution Theteon. Notice of Defendant's Rights by First Class United States Mail, Certif Return Receip~ Street, Shipper 27, 2003. Requested, to Defendant, The General Casting Company, at 222 North sburg, Pennsylvania 17257. Said Notice was received by Defendant on Octo Attached hereto and made a part hereof is the United States Postal Service Dom Return Receipt and Receipt for Certified Mail. '. 1~ , 03. : ~--- noraR~at s~aL I Elizabeth d. Bebney, Notary Public ~ Lebanon Lebanon County >tary P0blic O - 2 - ~tic Certified Mail Provides. · Certified Mail Js not available for an,, cf ....... Cla~s MaJ~ or Priority ~de~llv~r~. ~Tr~O~ obtai, Re urrl Reoeim ~eCi~Pc~t ~a~ -b.e requested toprovide Drool of ; .~ce~p~ [cS Fon~ 3811) to the ~rt cl~ ,2-;5 P-J~e~ase c~mptete ancr attach aRe required e~pt, a USPSe postmark on Your r'[C~?~a.f-e~.wa~r or cie at the pos office for postmarking. If a pos m~r~on he Certified Me~ IMPORTANT: Save this receipt and resent it when mak eg an inquiry /nternnt access to deliver}, intormalion is not available on mall ' addressed to APOs and FPOs. · Comp e. te items 1,2 and 3. Abo complete item 4 if Restricted Del)very s desired. · Print your name and address on the reverse so that we can return the card to you. · Attach. this card to the back of the mailpiece, or on the front i! space permits. 1. Article AddreSs~ to: The General Casting Company 222 NOrth Queen Street Shippensburg PA 17257 ~ O, 7-7 FO ~ aao ) 7gS9 Service Type ~{Oertified Mail F1 Express Mail r-i Registered [] Return Receipt for Merchandise ~__lnsur~d Mai~l_ F~ C.O.D- -- __ 4, Restricted Deliver? (Extra Fee) rl Yes 7002 2410 0006 8433 4365 102595-02-M-~ 035 2. Article Number (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt UNITED STATES POSTAL SERVICE LFirst-Class Mail ] Postage & Fees Paid~ usPs , / Permit No. Gl10 J · Sender: Please print your name, address, and ZIP+4 in this box · MARC A. HESS, ESQUIRE HENRY & BEAVER LLP 937 WILLOW STREET P.O. BOX 1140 LEBANON, PA 17042-1140 h"llh,,llh,,,h,h,hh,,Ih,,lhh,llh,,,h,lJh,,,/h,i ' MANUFACTURES AND TRADERS TRUST COMPANY, Successor in Interest to FARMERS BANK AND TRUST COMPANY OF HANOVER, Plaintiff VS. THE GENERAL CASTING COMPANY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : No. 03-5519 Civil Term : : TO THEPROTHONOTARY: PRAECIPE -- _ - SETTLE & DISCONTINUE __X _ - SATISFY the judgment entered to the above term and action number. DATE: January. ~_~, 2004 By:~ I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Plaintiff