HomeMy WebLinkAbout09-2685
LOU S. DRAYER
Plaintiff
V.
OLLIE A. MICK, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- " r6- CIVIL TERM
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 plaintiff and confess
judgment in favor of the plaintiff and against defendant as follows:
Principal $23,503.35
Interest to 04/24/09 $ 903.35
(per diem $10.15)
Attorney Fees $2,350.33
(10% of the
principal debt)
TOTAL: a$26,757.03
David A. Baric, Esquire
Attorney for Plaintiff
"s
VERIFICATION
The statements in the foregoing Confession Of Judgment are based upon information
which has been assembled by my attorney in this litigation. The language of the statements is not
my own. I have read the statements; and to the extent that they are based upon information
which I have given to my counsel, they are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities.
DATE: Z
Lou S. Drayer
CERTIFICATE OF SERVICE
I hereby certify that on April p q , 2009, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Confession Of Judgment, by first class U.S. mail, postage
prepaid, to the party listed below, as follows:
Ollie A. Mick, III
32 Montsera Road
Carlisle, Pennsy a 17015
k
David A. Baric, Esquire
f"
C , my
f *^ V^.4 , r 5 P 1 r v? F
6
LOU S. DRAYER IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009- °Z G CIVIL TERM
OLLIE A. MICK, III,
Defendant
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
LOU S. DRAYER
Plaintiff
V.
OLLIE A. MICK, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-
CIVIL TERM
COMPLAINT IN CONFESSION OF JUDGMENT
NOW, comes Plaintiff, Lou S. Drayer, by and through his attorneys, O'BRIEN, BARIC &
SCHERER, and files the within Complaint and, in support thereof, sets forth the following:
1. Plaintiff, Lou S. Drayer, is an adult individual with a residence address of 418
Linden Street, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. Defendant, Ollie A. Mick, III, is an adult individual with a residence address of
32 Montsera Road, Carlisle, Cumberland County, Pennsylvania 17015.
3. On or about June 26, 2006, Defendant, Ollie A. Mick, III, executed a Commercial
Guaranty payable to Orrstown Bank. A true and correct copy of the Commercial Guaranty is
attached as Exhibit "A" and is incorporated by reference.
4. Judgment is not being entered by confession against natural persons in connection
with a consumer transaction.
5. Orrstown Bank assigned the Commercial Guaranty to Plaintiff by assignment
dated February 19, 2009. A copy of the assignment is attached hereto as Exhibit "B" and
is incorporated by reference.
6. Judgment has not been entered on the Commercial Guaranty in this jurisdiction
previously.
7. Defendant has defaulted under the terms of the Commercial Guaranty by failing to
make the required payments for the loan obligation.
8. The amount due and owing is calculated as follows:
Principal $23,503.35
Interest to 04/24/09 $ 903.35
(per diem $10.15)
Attorney Fees $ 2,350.33
(10% of the
principal debt)
TOTAL: $26,757.03
9. The Commercial Guaranty as appended, provides for the recovery of costs,
including reasonable attorney fees, incurred by Plaintiff to collect the debt due and owing.
WHEREFORE, Plaintiff requests judgment as authorized by the warrant in the amount of
$26,757.03 plus costs and expenses, attorney fees and interest accruing to the date of payment.
Respectfully submitted,
' EN, BA & SCH R
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
da b.d it/litigation/d rayer/complaintinconfession. pld
VERIFICATION
The statements in the foregoing Complaint In Confession Of Judgment are based upon
information which has been assembled by my attorney in this litigation. The language of the
statements is not my own. I have read the statements; and to the extent that they are based upon
information which I have given to my counsel, they are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities.
DATE: Y ZY O
Lou S. Drayer
COMMERCIAL GUARANTY
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "* * *" has been omitted due to text length limitations.
Borrower: Draymick, Inc. (TIN: 27-0144543)
32 Montsera Road
Carlisle, PA 17013
Lender: ORRSTOWN BANK
SILVER SPRING OFFICE
77 EAST KING STREET
PO BOX 250
SHIPPENSBURG, PA 17257
Guarantor: Olie A. Mick, 111 (SSN: 184-48-9211)
32 Montsers Road
Carlisle, PA 17013
GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees
full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's
obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can
enforce this Guaranty against Guarantor even 'when Lender has not exhausted Lender's remedies against anyone else obligated to pay the
Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make
any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or
deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents.
INDEBTEDNESS. The word '"Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any
one or more times, accrued unpaid interest. thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees,
arising from any and' all debts,. liabilities and obligations that Borrower individually or collectively or interchangeably with others, owes or will
owe Lender under the Note and..Related Documents and any renewals, extensions, modifications, refinancings, consolidations and substitutions
of the Note and Related b8cumeh6.
If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties
shall be cumulative. This. GUArarity.shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties.
Guarantor's liability.will be 6uarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any
notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness shall have been fully and finally paid and satisfied and
all of Guarantor's other obligations under this Guaranty shall have been performed in full. Release of any other guarantor or termination of any
other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or
more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's
liability under this Guaranty, from time to time: (A) to make one or more additional secured or unsecured loans to Borrower, to lease
equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend,
accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness,
including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the
original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive,
subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release,
substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner
Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to
apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the
controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in
all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or
agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is
executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty;
(D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor
and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without
the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of
Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form
acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to
Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial
information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent
financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H)
no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or
threatened; III Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established
adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to
keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this
Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by
Lender in the course of its relationship with Borrower.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending
money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any
nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower,
Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional
loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor;
(D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give
notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with
any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any
act or omission of any kind, or at any time, with respect to any matter whatsoever.
Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or
defenses arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any
EXHIBIT "A"
COMMERCIAL GUARANTY
Loan No: 26471649001 (Continued) Page 2
action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action,
either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects
Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of
rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of
Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other
than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified
impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by'Lender against
Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses
given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower,
whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment
to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the
Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any
claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the
Borrower, the Guarantor, or both.
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is
made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and
not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be
effective only to the extent permitted by law or public policy.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender
(whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts
Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be
prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender
may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter
created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes
insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any
claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower,
through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to
the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness.
Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in
bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in
legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of
Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor
agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements
and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights
under this Guaranty.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees
and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help
enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's
attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy
proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection
services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court.
Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the
provisions of this Guaranty.
Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the
opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol
evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses,
claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the
warranties, representations and agreements of this paragraph.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall
be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower
named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor"
respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors,
assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that
fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the
provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of
Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire
into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on
their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this
Guaranty.
Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and
shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with
a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail
postage prepaid, directed to the addresses shown near the beginning of this Guaranty. Any party may change its address for notices under
this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address.
For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by
applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all
Guarantors.
COMMERCIAL GUARANTY
Loan No: 26471649001 (Continued)
Page 3
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other
right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand
strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between
Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions.
Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute
continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted, or withheld in
the sole discretion of Lender.
Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal
representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Draymick, Inc. and includes all co-signers and co-makers signing the Note and all their successors
and assigns.
Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Olie A. Mick, 111, and in each case,
any signer's successors and assigns.
" his guaranty from Guarantor to Lender.
[19-A-RA. 11 1 Indebtedn 4e )NcV.4?,$*0ebtedness means Borrower's indebtedness to Lender as more particularly described in this Guaranty.
Lender. Ther" mans ORR TOWN BANK, its successors and assigns.
Note. ?I the pro sory note dated June 26, 2006, in the original principal amount of $68,000.00 from Borrower to
g?%k 0! ??ta ? plf extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME
FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER
JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE
CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID
PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (8500)
ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR
A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY
TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL
CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY.
GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH
IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED JUNE 26, 2006.
THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GUARANTOR:
X/ (Seal)
Olie A Mick, III
COMMERCIAL GUARANTY
Loan No: 26471649001 (Continued)
Page 4
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
?J ! ) SS
COUNTY OF
1404 -
On this, the rat 160 day of C9/ cam!, 20 A& before me eda 0,04
, the undersigned Notary Public, personally appeared ONe A. Mick, III, known to me for satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the
purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
Notar Public in and for the State of
KAHN A 11*X"
LASER PRO lone nS, Va. 5.31.00.001 Cow. XnWitl Financial S.I dant, Inc. 1997. 2006. M Rights A.-W. - PA caC F1120YC 711-1 1 :11.
ASSIGNMENT OF PROMISSORY NOTE
AND COMMERCIAL GUARANTY AGREEMENTS
KNOW ALL MEN BY THESE PRESENTS, THAT
WHEREAS, Draymick, Inc., Lou S. Drayer and Ollie A. Mick, III acknowledged and
delivered unto Orrstown Bank (hereinafter "Orrstown") a certain Promissory Note and
Commercial Guaranty Agreements dated June 26, 2006 in the principal sum of Sixty-Eight
Thousand and 00/100 Dollars ($68,000.00).
NOW THEREFORE, in consideration of the sum of One and 00/100 Dollar ($1.00) and
other valuable consideration paid to Orrstown by Lou S. Drayer, the receipt of which is hereby
acknowledged, Orrstown hereby grants, bargains, sells and assigns all of Orrstown's right, title
and interest in, to and under the above-referenced Promissory Note and Commercial Guaranty
Agreements to Lou S. Drayer. This Assignment includes the benefit of any and all warrants of
attorney contained in the Promissory Note or Commercial Guaranty Agreements.
The parties hereto recognize and agree that Orrstown makes no representations or
warranties to Assignee as to the enforceability or quality of title Assignee is hereby gaining and
Orrstown shall have no liability to Assignee of or pertaining to the rights hereby assigned under
any theory of law whatsoever.
ATTEST:
i?
rrstown
,
By: 1? ; n a-- 0 Vy Cie-,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
SS.
On this, the )q "?''? day of i:;- T__ , 2009, before me, the undersigned
officer appeared. Lr ?-?? x? K. fl1'1 ewe , who acknowledged
hims f/hersel be the 9.V' P of Orrstown Bank, and that he/she
as such A. V. P , being authorized to do so, executed the
foregoing in nt for the purposes therein contained by signing the name of the corporation
by himsel erself 4 4, P.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.,
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Card L Mortis, Notary Public
Grp Bono, Cumberland County
My Conxnlasion Expires Sept 10, 2010
Member, Pennsylvania Association of Notaries EXHIBIT "B"
FILE-t-, "'- !,'c
OF THE
e -? ? kX, ,
/Q 1 Sf?f 3
LOU S. DRAYER IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.2009-? CIVIL TERM
OLLIE A. MICK, III,
Defendant
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
David A. Baric, Esquire, being duly sworn according to law, deposes and says that
he is counsel to the Plaintiff herein, and as such states the following:
1. The Defendant, Ollie A. Mick, III, is not in the military or naval service of the
United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil
Relief Act of 1940, as amended.
2. The Defendant, Ollie A. Mick, III, is more than 21 years of age and has a current
address of 32 Montsera Road, Carlisle, Cumberland County, Pennsylvania 17015.
3. He has ascertained the above information by personal investi tion and makes this
Affidavit with due authority.
i
David A. Baric, Esquire
Sworn to and subscribed before me
this day of n ?J Q , 2009.
" C 4
0
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer S. Lindsay, Notary Public
Carlisle Boro, Cumbedand County
My Cargrdssion Expires Nov. 29, 2011
Member, Pennsyivania Association of Notaries
FILE
T6`i.._
20,29 APR 29 Fib "D": E I'li
Cl ix ?'
?,
!
LOU S. DRAYER
Plaintiff
V.
OLLIE A. MICK, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- Z4 g?T CIVIL TERM
CERTIFICATION OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
David A. Baric, Esquire, being duly sworn according to law, deposes and says that to the
best of his knowledge, information and belief, the addresses of the judgment creditor and the
judgment debtor in the above-captioned case are as follows:
Plaintiff:
Lou S. Drayer
418 Linden Street
Mechanicsburg, Pennsylvania 17050
Defendant:
Ollie A. Mick, III
32 Montsera Road
Carlisle, Pennsylvania 17015
David A. Baric, Esquire
Sworn to and subscribed before me
this ?q* day of , 2009.
660 U, 0
COMMONWEALTH OF PENNSYLVANIA
Notarial Sea]
Jennifer S. Lindsay. Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Nov. 29.2011
Member, Pennsylvania ;%ssodation of Notaries
O,7- FILE) -+ r l "E
2009 ASR 29 ;°i st I
v.lr r? . ,.b?.r?.
LOU S. DRAYER IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
OLLIE A. MICK, III,
Defendant
NO. 2009- :? (o 9-5- CIVIL TERM
NOTICE UNDER RULE 2958.2
OF JUDGMENT AND EXECUTION THEREON
TO: Ollie A. Mick, III
32 Montsera Road
Carlisle, Pennsylvania 17015
A judgment in the amount of $26,757.03 has been entered against you and in favor of the
plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The court has issued a writ of
execution which directs the sheriff to levy upon and sell certain real estate property owned by
you to pay the judgment.
You may have legal rights to defeat the judgment or to prevent or delay sheriff's sale.
YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF
THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR
RIGHTS. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD
TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
David A. Baric, Esquire
Attorney for Plaintiff
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
0
LOU S. DRAYER
Plaintiff
V.
OLLIE A. MICK, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- ?-6 9-5 CIVIL TERM
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
TO: Ollie A. Mick, III
32 Montsera Road
Carlisle, Pennsylvania 17015
Notice is hereby given to you of entry of a judgment against you in the above matter.
0
Date: - a. c4OL
Sheriffs Office of Cumberland County
R Thomas Kline ou"?r of u,,,Grr?j Edward L Schorpp
Sheriff Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OMC? =-?RiFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/01/2009 05:00 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on May 1
2009 at 1700 hours, he served a true copy of the within Confession of Judgment, upon the within named
defendant, to wit: Ollie A. Mick, III, by making known unto Ollie A. Mick, III personally, at 32 Montsera
Road, Carlisle, Cumberland County, Pennsylvania, 17015 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $35.62
SO ANSWERS,
May 05, 2009
Docket NO. 2009-2685
Lou Drayer v Ollie Mick
R THOMAS KLINE, SHERIFF
Deput Sh riff
O
Ti-
co
I:1 Gam
/
IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL
CUMBERLAND COUNTY, PENNSYLVANIA
LOUIS S. DRAYER
Plaintiff
NO. 09-2685 Civil Term
Vi.
Civil Action - Law
OLLIE A. MUCK
Defendant
NOTICE TO PLEAD
TO: LOUIS S. DRAYER
YOU ARE HEREBY ORDERED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED PRELIMINARY OBJECTIONS WITHIN (20) DAYS FROM SERVICE
HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
Supreme Court ID # 71320
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
IN THE COURT OF COMMON PLEAS OF THE 9t6 JUDICIAL
CUMBERLAND COUNTY, PENNSYLVANIA
LOUIS S. DRAYER
Plaintiff
V.
OLLIE A. MICK
Defendant
NO. 09-2685 Civil Term
Civil Action - Law
OBJECTIONS SEEKING TO STRIKE OR OPEN JUDGMENT BY
CONFESSION
AND NOW, comes the Defendant, Ollie Mick, by and through counsel, Lee E.
Oesterling, Esquire and files these objections to Plaintiff's Complaint.
1. On or about April 29, 2009 Plaintiff initiated the above action by filing a
Complaint seeking entry of a judgment by confession and execution on Defendant's
principal residence.
2. The damages claimed by Plaintiff were the result of obligations which ran to a
corporate entity, more formally known as Draymick, Inc, and were incurred by
both Plaintiff and Defendant as officers of the Corporation from Orrstown Bank.
3. There presently exists an action before the Court of Common Pleas of
Cumberland County for the dissolution of the aforementioned Corporation and
determination of any liabilities to creditors, officers and shareholders.
4. Defendant objects to the entry of judgment by confession for the following
grounds which would also constitute a basis for preliminary objection.
OBJECTION W ACCORDANCE WITH PaR.C.P 1028(a) (1) FOR LACK OF IN
PERSONAM JURISDICTION
5. Paragraphs 1 through 4 are incorporated by reference thereto.
6. The obligation for the debt to which Plaintiff seeks judgment by confession is
against the Corporation Draymick, Inc. and was paid by the Corporation, Draymick, Inc.
7. The Defendant Ollie Mick is not personally liable for acts that are within his
authority as an officer of the corporation.
8. The Plaintiff's claim is lacking for failure of in personam jurisdiction over the
Defendant Ollie Mick.
WHEREFORE, Defendant, Ollie Mick, respectfully request that this Honorable
Court issue an Order sustaining the his objection and dismissing the claim of Plaintiff.
OBJECTION IN ACCORDANCE WITH PaR.C.P 1028(a)(4) FOR LEGAL
INSUFFICIENCY OF A PLEADING
9. Paragraphs 1 through 8 are incorporated by reference thereto.
10. Defendant is not personally liable on the note as he was acting in his capacity as a
corporate officer to bind the corporation.
11. Defendant is not personally liable and he therefore cannot be jointly and severally
liable.
12. Defendant is not personally liable and therefore there exists no privity of contract
between the Plaintiff and Orrstown Bank.
13. Plaintiff has failed to state a cause of action that can be prosecuted and therefore
Defendant has no obligation to defend and as a matter of law may demur.
WHEREFORE, Defendant, Ollie Mick respectfully requests that this Honorable Court
issue an Order sustaining the instant objection and dismissing the claim of Plaintiff.
OBJECTION IN ACCORDANCE WITH PaR.C.P 1028(a)(5) FOR LACK OF
CAPACITY TO SUE AND FAILURE TO JOIN PARTY
14. Paragraphs 1 through 13 are incorporated by reference thereto.
15. Plaintiffs remedy is against the corporation, Draymick, Inc.
16. Plaintiff has failed to establish jurisdiction against Draymick and has failed to join
Draymick as a party to this action.
WHEREFORE, Defendant, Ollie Mick respectfully request that this Honorable Court
issue an Order sustaining the instant objection and dismissing the claim of Plaintiff.
Lee E: Oes-t&('mg,, Es4W e
Supreme Court ID #71320
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Attorney for Defendant
VERIFICATION
I verify that I am the attorney for the Defendant and that based upon representations made
to me and therefore upon Defendnat's personal knowledge or information and belief that the
statements made in these Objections are true and correct. I understand that false statements herein
are made subject to the penalties of 18 4904, relating to unworn falsification to
authorities. 7
Lee
CERTIFICATE OF SERVICE
Lee E. Oesterling, Esquire, attorney for Defendant, deposes and says that he mailed a copy of the
foregoing Objections and Notice to Plead in this matter by first class mail to the Plaintiffs Attorney
of record at the address and date hereinafter stated.
DAVID A. BARIC, ESQUIRE
19 WEST SOUTH STREET
CARLISLE, PA 17013
155 South Hanover
Carlisle, PA 17013
(717) 241-6070
Attorney for Defendant.
Date of Mailing: 6/2/09
t , t
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LOUIS S. DRAYER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTIONI - LAW
OLLIE A. MICK,
Defendant NO. 09-2685 CIVIL TERM
ORDER OF COURT
AND NOW, this 8 h day of June, 2009, upon consideration of the foregoing
"Preliminary Objection", which the court treats as a petition to strike or open, it is hereby
ordered that:
1. A Rule is issued upon Plaintiff to show cause why Defendant is not entitled to
the relief requested;
Plaintiff;
2. Plaintiff shall file an answer to the petition within 20 days of service upon the
3. The petition shall be decided under Pa. R.C.P. 206.7;
4. Depositions shall be completed within 60 days of this date;
5. Argument shall be held on Thursday, August 20, 2009, at 1:30 p.m., in
Courtroom No. 4, Cumberland County Courthouse, Carlisle, Pennsylvania.
6.
Defendant.
Notice of the entry of this order shall be provided to all parties by the
BY THE COURT,
Hess, Esq., J.
? David A. Baric, Esq.
19 West South Street
Carlisle, PA 17013
Attorney for Plaintiff
? Lee E. Oesterling, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Defendant
:rc
611,31 es rnz.t?
FILED--4j-.FHCE
OF THE FT"rlu PIONVOTAI?Y
2009 JUN - 9 AFB ! ! : 3 9
CENNISY ..VPut11-111A,
-.
LOU S. DRAYER IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. N0.2009-2685 CIVIL TERM
OLLIE A. MILK, III,
Defendant
ANSWER TO PETITION TO STRIKE/OPEN JUDGMENT
NOW, comes Plaintiff, Lou S. Drayer, by and through his attorneys, O'BRIEN, BARK &
SCHERER, and files the within Answer to Petition to Strike/Open Judgment and, in support
thereof, sets forth the following:
1. Admitted in part and denied in part. It is admitted only that Plaintiff filed a
complaint in confession of judgment on Apri129, 2009. It is denied that Plaintiff has sought
execution of Defendant's principal residence.
2. Admitted in part and denied in part. It is admitted only that the entity known as
Draymick, Inc. was obligated on a certain loan to Orrstown Bank. It is denied that Defendant,
Ollie Mick, III, was not personally liable on the debt.
3. Admitted in part and denied in part. It is admitted only that some style of action
has been filed in this Court. The scope or intended effect of that action is a legal conclusion to
which no response is required.
4. Denied. Defendant has no legitimate grounds for objecting to the confession of
judgment.
5. Plaintiff incorporates by reference his answers to paragraphs one (1) through four
(4) as though set forth at length.
6. Denied. To the contrary, the debt was personally guaranteed by Defendant and
was not paid by Draymick, Inc.
7. Denied. To the contrary, Defendant executed a Commercial Guaranty attached to
the complaint in confession as Exhibit "A" and Defendant was personally liable for the debt.
8. Denied. To the contrary, there exists in personam jurisdiction over Defendant, he
resides in the County of Cumberland and is personally liable for the debt by virtue of the
Commercial Guaranty.
9. Plaintiff incorporates by reference his answers to paragraphs one (1) through eight
(8) as though set forth at length.
10. Denied. To the contrary, Defendant is personally liable on the debt by virtue of
the Commercial Guaranty.
11. Denied. To the contrary, Defendant is personally liable on the debt and can be
held jointly and severally liable for payment of the debt.
12. Denied. To the contrary, Defendant is personally liable on the debt and the
Commercial Guaranty executed by Defendant over to Orrstown Bank was assigned to Plaintiff
through the Assignment agreement appended to Plaintiff's complaint in confession as Exhibit
«B„
13. Denied. To the contrary, Plaintiff has stated a cause of action against Defendant.
14. Plaintiff incorporates by reference his answers to paragraphs one (1) through
thirteen (13) as though set forth at length.
15. Denied. To the contrary, Plaintiff has a claim and right of recovery against
Defendant by virtue of the Commercial Guaranty and Assignment.
16. Denied. Plaintiff has no obligation to establish "jurisdiction against Draymick"
which is not a party to the instant action. Moreover, "Draymick" is not a necessary party to the
action filed by Plaintiff against Defendant.
WHEREFORE, Plaintiff requests that the request of Defendant to open or strike the
judgment be denied.
Respectfully submitted,
O' N, BARI SCH R
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I verify that the statements made in the foregoing Answer To Petition To Open/Strike
Judgment are true and correct to the best of my knowledge, information and belief. This verification
is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements
provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff.
This verification will be substituted and ratified by a verification signed by the Plaintiff who is
presently unavailable to sign said verification. I undersigned that false statements herein are made
subject to penalties of 18 Pa.C.S. §4904,
Dated: September 1, 2009
David A. Baric, Esquire
i
CERTIFICATE OF SERVICE
I hereby certify that on September 1, 2009, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Answer To Petition To Strike/Open Judgment, via hand delivery to
the party listed below, as follows:
Lee E. Oesterling, Esquire
155 South Hanover Street
Carlisle, Pe vania 17013
v
David A. Baric, Esquire
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
~~~~,~,tr ci' tRrr~~irt/~~,~
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Lou S. Drayer
vs. Case Number
Ollie A. Mick 2009-2685
SHERIFF'S RETURN OF SERVICE
02/08/2010 06:46 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February
8, 2010 at 1804 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
Ollie A. Mick, by making known unto Rhonnda Clark-Mick, Adult in Charge, at 32 Montsera Road, Carlisle,
Cumberland County Pennsylvania 17015 its contents and at the same time handing to her personally the
said true and correct copy of the same. Upon serving the writ of execution, a levy was completed.
Postcard and copy of levy mailed to attorney and letter mailed to defendant on 02-18-10.
03/22/2010 03:13 PM -Sale bill posted on 03-22-10 at 1503 hours by Deputy William Cline. Sale date set for
Tuesday, 04-20-10 at 1500 hours. Copy of sale bill mailed to Attorney Baric.
04/19/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned STAYED. Defendant entered into Chapter 13 bankruptcy.
SHERIFF COST: ; $ 1 0 0. 4 7
April 19, 2010
S~ ~ ~,,~
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Vic, Cei~ntyS~uite Sherff. Teleoso`t. Ins.
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION C~ ^-'
$a4..o~pp at-ry Print Name: David A. Baric, Esquire
`~'tOo~ '~ 19 West South Street
jpp , 47 ,~ Address:
a~• 50 " Carlisle, PA 17013
a~. oc~ u
`dal 1.5'9' - PQ ATT(
Attorney for: Plaintiff
Telephone: (717) 249-6873
Supreme Court ID No: 44853
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PRAECIPE FOR WRIT OF EXECUTION - ° O `~
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LOU $. Dray@C Q Confessed Judgment ~ ~; ~ 1.__?
Plaintiff ^ Other ~, C
vs. File No. 2009-2685 .
Olie A. Mick Amount Due 26,757.03 ` ' ~ ` ~ .
Defendant Interest 4750.20 =~ '
_~ w -
Address: Atty's Comm ~~
32 Montsera Road
Carlisle, PA 17015
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriffof Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
levy upon any and all personalty located at 32 Montsera Road, Carlisle, Cumberland
County, Pennsylvania 17015
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or con o of the said garnishee(s).
r
(Indicate) Index this writ against the garnishee (s) as a lis pe en gainst a e to e
defendant(s) described in the attached exhibit.
Date 08/10/10 Signature: i
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-2685 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LOU S. DRAPER, Plaintiff (s)
From OLIE A. MILK, 32 Montsera Road, Carlisle, PA 17015
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal
property.
(2) You are also duected to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone 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 $26,757.03
L.L.
Interest - $4,750.20
Atty's Comm
Atty Paid $211.59
Plaintiff Paid
Date: 8/10/10
(Seal)
Due Prothy $2.00
Other Costs
Dy:
REQUESTING PARTY:
Name DAVID A BARK, ESQUIRE
Address: BARK SCHERER
19 W SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-2496873
Supreme Court ID No. 44853
Deputy
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-2685 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LOU S. DRAYER, Plaintiff (s)
From OLIE A. MICK, 32 Montsera Road, Carlisle, PA 17015
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal
property .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone 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 $26,757.03
Interest -- $4,750.20
Atty's Comm
Atty Paid $211.59
Plaintiff Paid
Date: 8/10/10
L.L.
Due Prothy $2.00
Other Costs
(Seal)
Deputy
REQUESTING PARTY:
Name DAVID A BARIC, ESQUIRE
Address: BARIC SCHERER
19 W SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-2496873
Supreme Court ID No. 44853
t,
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
o N"% ' t ttar,?fj?,p?7?e4
t
Ei `? JA4 25 AM 9:
10ENNS`i'l.'?AH11A
Lou S. Drayer
vs.
Ollie A. Mick
Case Number
2009-2685
SHERIFF'S RETURN OF SERVICE
09/08/2010 04:10 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September
8, 2010 at 1610 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
Ollie Mick, by making known unto Ollie Mick, at 32 Montsera Road, Carlisle, Cumberland County,
Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct
copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy
mailed to attorney and letter mailed to defendant on 09-09-10.
10/04/2010 01:11 PM - Sale bill posted on October 4, 2010 at 1250 hours by Deputy Harrison. Sale date set for
Wednesday, October 20, 2010 at 1500 hours. Copy of sale bill mailed to Attorney Baric.
10/05/2010 Property sale postponed for October 20, 2010. Received notification that defendant entered into
bankruptcy.
01/23/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $99.96 SO ANSWERS,
January 23, 2012 RON ? R ANDERSON, SHERIFF
r
RONNY R.ANDERSON } RICHARD W.STEWART
Sheriff Solicitor.-,
JODY S.SMITH
Chief Deputy rnCo
OFFICE OF THE SHERIFF Mr*i :m.
-e - ,r—
One Courthouse Square, Room 303 r
cn I C
Carlisle, Pennsylvania 17013 -Z _,t CD '
C
C)-tip,
May 6, 2013 E5 C)
Lou S. Drayer
vs
Olie A. Mick
Writ No. 2009-2685
Property Claim Determination
To Whom It May Concern:
Reference is made to Property Claim dated April 26, 2013, entered by Rhonnda
Lee Clark Mick, Writ of Execution No. 2009-2685, Lou S. Drayer vs. Olie A. Mick.
Ronny R. Anderson, Sheriff, has determined that the claimant, Rhonnda Lee
Clark Mick, in the above mentioned property claim, is the owner of the property set forth
in the claim.
So A ers:
o y R. Anderson, Sheriff
B
cc
Bret P. Shaffer, Attorney for Plaintiff
Rhonnda Lee Clark Mick, Claimant
Olie A. Mick, Defendant.
NOTICE OF PROPERTY CLAIM
Lou S. Drayer In the Court of Common Pleas
Cumberland County, Pennsylvania
VS
Olie A. Mick No. 2009-2685 Civil Term
Writ of Execution
TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST:
You are hereby notified that a property claim, a copy of which is
attached hereto has been filed by Rhonnda Lee Clark Mick, claiming property
listed therein. Unless an appraisal of the property is requested within (10) days
from the date of this notice, the Sheriff without making an appraisal
will accept the value of the property set forth in the claim.
Date 04-26-13
(Yiff of Cumberland County
B I Irv'
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Bret P. Shaffer, Attorney for Plaintiff
Rhonnda Lee Clark Mick, Claimant
Olie A. Mick, Defendant
PROPERTY CLAIM In the Court of Common Pleas of
Cumberland County,Pennsylvania
Writ No.
VS TO THE SHERIFF OF CUMBERLAND COUNTY,PENNSYLVANIA
The property listed below and levied upon in this case is not the property of the defendant,but is the property of the
undersigned. A list of the claimed property and the values thereof are:
LIST OF PROPERTY VALUE
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THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS:
Date P ' { Claimant Q. .�^�,,�^- .. fi f1x�l 1
State of Pennsylvania:
County of Cumberland
being duly sworn according to law,deposes and says that the
above list in the property claim are correct and true.
day of Y PUBLIC Claimant
P.
r n County
My Commission Expires April 4,201-7
Vehicles
1988 for F150-Not owned by us
Chevrolet Tahoe-Owned by Olie A.Mick III
1968 Seagrave Fire Truck-Jointly owned by Rhonnda Clark-Mick and Olie A Mick III
John Deere Zero Turn Mower-Jointly owned/Marital Property
Yamaha 200cc Moto-Jointly Owned bought for 12 yr old son
Golf Cart-sold not In our possession
Living room
Rocking Chair-Personal Property of Rhonnda Clark-Mick $20(brought into marriage)
2 Wooden end tables-Personal Property of Rhonnda Clark-Mick$20(brought into marriage)
Miscellaneous pictures-Jointly owned/Marital Property$15
2 lamps-Personal Property of Rhonnda Clark$2 each(brought into marriage)
Sanyo Television-Personal Property of Rhonnda Clark-Mick$25
Wooden TV stand was given as a gift to both of us by Norma Mick$30
Miscellaneous knick/knacks-Marital$2 each
Coffee table-marital property$10
Floor lamp/picture-Marital was given to us as a gift from Becky Brougher
Kitchen
Mr.Coffee Pot-Property of Rhonnda Clark-Mick$10
Hot Point Refrigerator-Marital/Joint$50
General Electric Stove-Marital/Joint Bought together$80
Samsung Microwave-Marital Property$5
Miscellaneous pots/pans-Personal Property of Rhonnda Clark-Mick
Upright Freezer-Marital Joint$50
Dining Room
Wooden table w/6 chairs-Personal Property,of Rhonnda Clark-Mick
2 Wooden Buffets-owned by Norma Mick we are just using them she has no space for them
Rainbow Vacuum-Personal Property of Rhonnda Clark-Mick$50
Kerosene Heater—Marital$2
General Electric Washer and Dryer-Marital poperty bought together when other set broke$80
Master Bedroom
Queen Size Bed-Marital Property$100
4 Wooden Dressers and 3 Nightstands-3 wooden dressers owned by Norma Mick we are using them she has
No space for them in an Apartment. 1-wooden dresser-personal property of Rhonnda Clark-Mick along with 1 Nightstand
Other 2 nightstands owned also by Norma Mick$125 for all
RCA television-Personal Property of Rhonnda Clark-Mick$25
White Cabinet-Marital Property bought together$25
Electric.Stove-Marital Property bought by both of us$30
Wooden Tv stand marital property$5
3 Bay Garage
Wooden table with 6/chairs-Personal Property of Rhonnda Clark-Mick$30
Frigidaire window AC unit-Does not belong to us belongs to Norma Mick$100 for both General Electric and Frigidaire AC units
On list
Ryobi Table Grinder does not belong to us is Father-in-Laws$10
Wooden Work Bench-Marital/Joint given to us by friend/neighbor
Briggs and Stratton brute Pressure Washer-marital/Joint$50
2 Metal Shelves-Personal Property of Rhonnda Clark$5
Plastic bin-gray/green Personal Property of Rhonnda Clark-Mick$2
Poulan Pro Link weed eater-Marital/Joint Property$20
Metal Cabinet-Personal Property of Rhonnda Clark-Mick$2
Miscellaneous yard tools-marital/Joint property$2 each
Black Sprayer-Personal Property of Rhonnda Clark-Mick$4
Miscellaneous hand tools-marital/Joint given as a gift from Rhonnda's Dad to both of us we use it for In-Da-Glow Business$50
Green Chair-Personal property of Rhonnda Clark-Mick Brought into marriage$50
Blue Chair-Personal Property of Rhonnda Clark-Mick$10
Shop Vac-Marital/Joint owned$25
2 Floor Jacks used for business that is Jointly owned In-Da-Glow motorcycle Lighting$25 ea
Stereo-Personal Property of Rhonnda Clark-Mick$5
Motor-Belongs to Norma Mick for her pick up$50
Wooden Dresser-Personal property of Rhonnda Clark-Mick$5
Green Seed Spreader-marital property-$10
2 sets of flood lamps-Marital property-used for Business In-Da-Glow motorcycle Lighting$50 both
9 amp flex wire welder-Marital Property-Given to both of us as a gift from Rhonnda's Dad$25
Saddle-belongs to Norma Mick$10
2 televisions-Rhonnda's Personal Property$20 each
Black and Decker bench grinder-Marital property-Given as a gift to both of us By Rhonnda's Father$25
Metal Wooden bench-owned by Olie A.Mick III$5
Cal-Hawk buffer-belongs to Kevin Blessing$40
2 Metal Wall shelves-Personal Property of Rhonnda Clark-Mick-$10
Gatling Wood Stove-Marital Property bought together-$30
White cabinet-marital property$15
Filing Cabinet-Marital$5
Wooden Desk-Personal property of Rhonnda Clark-Mick$100
Computer Chair-Personal Property of Rhonnda Clark-Mick$5
Dell computer Monitor-belongs to Lora Clark-Rhonnda's Daughter$5
Large Bike Picture-out with Fi retruck-Be longs to Rhonnda Clark-Mick$30
2 large step ladders-Marital Property$50 each
Extension ladder-marital Property$50
8 foot ladder(spelled latter on sheriff's paper)marital property$25
Craftsman drill 19.2 volt-marital Property$50
Red cooler-Marital$2
13 tires-Marital property-4 tires for Norma Mick's Pick up 5 for Rhonnda's Explorer and 4 for Firetruck owned Jointly
Miscellaneous boxes-Personal Property of Rhonnda Clark-Mick-$15
6-5 gallon buckets of oil-marital property/joint oil goes with firetruck that is jointly owned
Stereo-Personal property of Rhonnda Clark-$10
Lawn mower pull behind-gray-marital/joint property-$10
Miscellaneous screwdrivers-used for jointly owned business$100
Poulan chain Saw-Marital property$20
Miscellaneous battery operated Craftsman tools-Jointly owned used for business In-Da-Glow$30 each
Refrigerator-marital Property-$25
Toolbox with Miscellaneous tools jointly owned for business In-da-glow$75
Creeper bought by Rhonnda Clark-Mick for a gift to Olie A.Mick for a Christmas present$3
Miscellaneous brooms-marital Property$15 for all
Air compressor hose-Marital/Joint Property used for business In-da-glow$15
Motorcycle Jack-Joint/Marital property used for business in-da-glow Motorcycle Lighting owned jointly$75
Shed
Charmglow grill-marital/Joint$75 bought together
Charbroil Grill-Personal Property of Rhonnda Clark-Mick brought into marriage$50
Night Stand-personal Property of Rhonnda Clark-Mick brought into marriage$10
2 chests-Personal Property of Rhonnda Clark-Mick$20 each
2 book shelves-Personal Property of Rhonnda Clark-Mick brought into marriage$10 ea
Grass Catcher-Joinity owned marital property$50
2 yard machine push mowers belong to Norma Mick$25 each
Charge air pro 60 Gallon 6 HP-came with the house when it was bought
3 picnic tables-personal property of Rhonnda Clark-Mick brought into marriage$10 each
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TAMPERING VERIFIED
ODOMETER DISCLOSURE E_NEMPT BY FEDERAL. LAW 4 EXEMPT FROM ODOMETER DISCLOSURE � s
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Ilenhoider must m-ard this Title to thr Fiji,— Me V,-,es ',n Ire
appropriate form and foe. s
FIRST L EN RELEASED � =
DATE -
By SECOND LIEN RELEASED _--
AUTHORIZED REPRESENTATIVE DATE `
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MAILING ADDRESS
• AUTHORIZED REPRESENTATIVEse?`Rf
CASSIE JEANNE RUPP
1,23 DREG! AVE
NEU BLOOMELD PA 1'X168 �► _.
• pennsylvania :.
DEPARTMENT OF TRANSPORTATION
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• I certify as of the date of issue, the official records of the Pennsylvania Department
BARRY J . S CHOCH, P. EPrI
of Transportation reflect that the person(s)or company named herein is the lawful owner
of the said vehicle. Setaetary of Transportation _
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SUBSCRIBED AND SWORN If a co purchaser other than your spouse Is listed and you want the title to
be listed as'Joint Tenants With Right of Survivorship" (On death of one
T BE ORE E: -
r,,, DAY YEAR � owner,title goes#o surviving CHECK HERE L.Otherwise,the tide
will be issued as"Tenants In Common"(On death of one owner,Interest of
q III deceased owner goes to his/her heirs orestate).
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I" sl NAT,RE,I PFRGON ADRINISrrHING OATH IF NO LIEN.CHECK❑ IS THIS AN ELTP(IF YES,FIN REQUIRED) YES 1,NOS »r
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• I� �" t 1ST LIENHOLDER FINANCIAL INSTITUI ION NUMBER_
1R`CL 1ST UeNHOLOER NAi,AE
L3 STREET
CITY STATE ZIP
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W IF NO 2ND LIEN,CHECK ET IS THIS AN ELT?(IF YES N REQUIRED,YES t�f O
Th nd 9111 haeby make ppl.tl I Ceritcate of Ttl1 io the ehdl de 1,i
i--t 815ovo.s�K�,ecto the obrur branc no aher legal d ms sxt to}h h re I p I
l� I 2ND LIENHOLDER FINANCIAL INSTITUTION NUNIBER
I 21ND LIENHOLDER NAME �
co SIGNATURE OF APPLICANT OR AUTHDR,ZEO SIGNER
T - STREET
co I CITY STATE ZIP A ''
SIGNATURE OF CO-APPLICANT,TITLE OF AUTHORIZED SIGNER A M.;
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson `k
Sheriff
Jody S Smith 2113 DEC —5 P M 2: 1 i,
Chief Deputy
V"
Richard W Stewart iUMBEII tL
Solicitor PENNSYLVANIA
Lou S. Drayer
Case Number
vs.
011ie A. Mick, III 2009-2685
SHERIFF'S RETURN OF SERVICE
02/20/2013 02:57 PM - Dawn Kell, Deputy , being duly sworn according to law, states that on February 20, 2013 at
2:57 PM hours, served the requested Writ of Execution and Claim for Exemption Form by"personally"
handing a true and attested copy to a person representing themselves to be the Defendant, to wit: 011ie A.
Mick, III at 32 Montsera Road, Dickinson Township, Carlisle, PA 17015, informed Defendant of contents
of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and
letter mailed to defendant on February 22, 213.
04/24/2013 02:45 PM- Deputy Shawn Harrison, being duly sworn according to law, states service was performed by
posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located
at 32 Montsera Road, Dickinson Township, Carlisle, PA 17015, Cumberland County.
04/26/2013 On April 26, 2013 a 1209 hours, a property claim was filed by Rhonnda Lee Clark Mick. All parties notified
by mail this date.
05/06/2013 Reference is made to Property Claim dated April 26, 2013, entered by Rhonnda Lee Clark Mick, Writ.of
Execution No. 2009-2685, Lou S. Drayer vs. Olie A. Mick.
Ronny R. Anderson, Sheriff, has determined that the claimant, Rhonnda Lee Clark Mick, in the above
mentioned property claim, is the owner of the property set forth in the claim.
12/03/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $110.47 SO ANSWERS,
December 03, 2013 RbNW R ANDERSON, SHERIFF
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