HomeMy WebLinkAbout10-4084
Donald L. Kornfield, Esq.
Kornfield and Benchoff, LLP
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
FAX 762-6544
don@kornfield.net
Atty. I.D. #19242
THE FIRST NATIONAL BANK OF
MERCERSBURG Plaintiff
VS.
MADEIRA OPERATIONS, LLC
Defendant
2010 JUIN 17 Fier 2: 3 5
-1 ??.r
e
?1 t v'vkYl 1
: IN THE COURT OF COMMON PLEAS OF
: THE 9TH JUDICIAL DISTRICT, PA.
CUMBERLAND COUNTY BRANCH
CIVIL ACTION -LAW
# 10 - qoq lean
CONFESSION OF JUDGMENT
PURSUANT TO Pa. R.C.P. RULE 2951 (b)
Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of
which is attached to the complaint filed in this action, I appear for Defendant and confess judgment
in favor of the Plaintiff and against Defendant as follows:
Principal balance $450,000.00
Interest to 06/08/2010 5,137.50
Late charges 27,000.00
Attorney fees 72,320.63
Total $554,458.13
KORNF LD AND BENCHOFF, LLP
By
'hoAald L. o field
Attorney fo D fendant Pursuant to Warrant of
Attorney Ctp&ned in Complaint Filed
Hereinbefore
ai .z 0 Pa PLFF
e 10'133
P# dN3q/0
No4ite
THE FIRST NATIONAL BANK OF : IN THE COURT OF COMMON PLEAS OF
MERCERSBURG Plaintiff : THE 9TH JUDICIAL DISTRICT, PA.
VS. : CUMBERLAND COUNTY BRANCH
: CIVIL ACTION -LAW
MADEIRA OPERATIONS, LLC
Defendant #
COMPLAINT
NOW COMES Plaintiff and states:
1. Plaintiff is The First National Bank of Mercersburg, a banking institution with offices
located at 12 South Main Street, Mercersburg, Franklin County, Pennsylvania.
2. Defendant is Madeira Operations, LLC, a Pennsylvania limited liability company,
with a registered address of 1124 Kennebec Drive, Chambersburg, Franklin County, Pennsylvania.
3. Attached hereto and made a part hereof is a true and correct reproduction of the
original Note, executed by Defendant, containing a warrant of attorney.
4. The instant judgment is not being entered by confession against a natural person in
connection with a consumer transaction.
5. The Note has not been assigned.
6. No judgment has been entered upon the Note in any jurisdiction.
7. Defendant is in default under the instrument giving rise to this claim for relief and the
right of Plaintiff to confess judgment against Defendant in that default occurred on the loan maturity
date of June 1, 2010, by failure to make payment in full.
8. As a result of the default alleged in paragraph 7 hereof, the amounts due Plaintiff from
Defendant are as follows:
Principal balance $450,000.00
Interest to 06/08/2010 5,137.50
Late charges 27,000.00
Attorney fees 72.320.63
Total $554,458.13
9. The Warrant of Attorney appearing in the attached note is less than 20 years old.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $554,458.13
together with interest from June 9, 2010, at the rate of $56.25 per diem, court costs and such other
damages as may be available at law.
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
THE FIRST NAT AL BANK OF
MERCERSB
By _ d-
I/ Robert J. Moses
Senior Loan Officer
MADERA OPERATIONS, LLC
1124 KENNEBEC DRIVE
CHAMBERSBURG, PA 17201
E FIRST NATIONAL BANK OF MERCERSBURG
SOUTH MAIN STREET
RCERSBURG, PA 17236
BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS
includes each borrower above, jointly and severally. "You" means the lender, its successors and assigns.
Loan Number
Date 05.31.2007
Maturity Date 06.01.2008
Loan Amount 5 4.50.000.00
Renewal Of
For value received, 1 promise to pay to you,. or your order, at your address listed above the PRINCIPAL sum of. FOUR HUNDRED FIFTY THOUSAND AND NDI100
Dollars 8450.000.00
IM Single Advance: I will receive all of this principal sum on 05.31.2007 No additional advances are contemplated under this note.
? Multiple Advance: The principal sum shown above is the maximum amount of principal I can borrow. under this note. On
I will receive the amount of 8 and future principal advances are contemplated.
Conditions: The conditions for future advances are
-- -r- --nu -anurt: You ana I agree that I may borrow up to the maximum amount of principal more than one time. This feature is subject to
all other conditions and expires on
? Closed End Credit: You and I agree that I may borrow up to the maximum only one time (and subject to all other conditiona).
INTEREST: I .agree to pay interest on the outstanding principal balance from 05-31.2007 at the rate of 6.75D%
per year until 06.01.2008
® Variable Rats: This rate may then change as stated below.
W Index Rate: The future rate will be 2.500 PERCENT ABOVE the following index rate: SEE ATTACHED ADDENDUM FOR INDEX THE RESULT OF
THIS CALCULATION WILL BE ROUNDED TO THE NEAREST 0.125
? No Index: The future rate will not. be subject to any internal or external index. It will be entirely in your control.
® Frequency and Timing: The rate on this note may change as often as EVERY 12TH MONTH BEGINNING 06.01.2008
A change in.the interest rate will take effect ON A PAYMENT DUE DATE
® Limitations: During the term of this loan, the applicable annual interest rate will not be more than 12.750 % or less then
2.500 %. The rate may not change more than 2.000 % each 12TH MONTH
Effect of Variable Rate: A change in the interest rate will have the following effect on the payments:
IA The amount of each scheduled payment will change. ® The amount of the final payment will change.
ACCRUAL METHOD: Interest will be calculated on a - PERIODIC basis.
POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below:
® on the same fixed or variable rate basis in effect before maturity (as indicated above).
? at a rate equal to -
® LATE CHARGE: If a payment is made more than 15 days after it is due, I agree to pay a late charge of 1000% OF THE PAYMENT AMOUNT
? RETURNED CHECK CHARGE: I agree to pay a fee cf 5 for each check, negotiable order of withdrawal or draft I issue in
connection with this loan that is-returned because it has been dishonored.
? ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which ? are ? are not included in the principal amount
above:
PAYMENTS: 1 agree to pay this note as follows:
23 MONTHLY INTEREST PAYMENTS RANGING FROM $2531.25 TO $2615.63 BEGINNING 07.01.2007 AND 1 PAYMENT OF $452,531.25 ON 06.01.2009. THIS IS A VARIABLE RATE
LOAN AND THE PAYMENT AMOUNTS MAY CHANGE. THE FINAL PAYMENT MAY ALSO CHANGE.
TO CONFESS JUDGMENT. Upon default, in addition to ell hmedies and It able to you, by signing
irizea the protonotary, cle ot er re ig
rk, or any atto execution rney to appear in any, court of record havin ts g j uris vaila diction over this matter
misps at any time It without stay of . I waive notice service of process and process.. I agree end understand
d may 'ran, of
etoil5 percent of the judpment?pTfieaexercisenoirthe p taower to confesegjudpment w I, I? not exhalust this wen cost.
be done ce to
as often as yotrelav I further undersnd that my property may be seized without prior noti
y intentionally end voluntarily waive any end all constitutional rights I have to pre-deprivation notice and hearing
ugly understand the consequences of this we've'.
ANY AND ALL ADDITIONAL TERMS AS STATED IN COMMITMENT LETTER DATED MAY 14, 2007.
PURPOSE: The purpose of this loan is REFINANCE EXISTING LOAN FOR LOWER RATE
SECURITY: This note is separately secured b THOSETON PAGE 2GjREhaveOreceE aEeMo3 OF THIS NOTE (INCLUDING
document by type and date): Y (describe separate copy on today's date.
AGCO-RI-PA (AGRICULTURALJCOMMERCIAL REAL EST
PA) ATE SECURITY INSTRUMENT- MADEIRA OPERATIONS, LLC
(This section is for your internal use. Failure to
sareemsnt win not secure twa nete.l liar • separate security docu ment does not mean the
signature for Lender
MEMBER
154459/ i 01984, 1991 Bankers System., Inc., St. Cloud, MN Form UN-PA 3/7/2002 UNIVERSAL NOTE
/page r of 2/
DEFINITIONS: As used on page 1, "(N " means t 'arms that apply to
this loan. "1," fns" or "my" means each Borrow, fho signs this note
and each other person or legal entity (including guarantors, endorsers,
and sureties) who agrees to pay this note (together referred to as "us").
"You" or "your" means the Lender and its successors and assigns.
APPLICABLE LAW: The law of the state of Pennsylvania will govern this
note. Any term of this note which is contrary to applicable law will not be
effective, unless the law permits you and me to agree to such a variation.
If any provision of this agreement cannot be enforced according to its
terms, this fact will not affect the enforceability of the remainder of this
agreement. No modification of this agreement may be made without your
express written consent. Time is of the essence in this agreement. Any
provision that appoints you as an agent is not subject to the provisions of
20 Pa.C.S.A. Section 5601 at seq.(Chapter 56; Decedents, Estates and
Fiduciaries Coda). By exercising any of your rights under this note, you do
so for your sole benefit.
COMMISSIONS OR OTHER REMUNERATION: I understand and agree that
any insurance premiums paid to insurance companies as part of this note
will involve money retained by you or paid back to you as commissions or
other remuneration.
In addition, I understand and agree that some other payments to third
parties as part of this note may also involve money retained by you or
paid back to you as commissions or other remuneration.
PAYMENTS: Each payment 1 make an this note will first reduce the
amount I owe you for charges which are neither interest nor principal.
The remainder of each payment will then reduce accrued unpaid interest,
and then unpaid principal. If you and I agree to a different application of
payments, we will describe our agreement on this note. I may prepay a
part of, or the entire balance of this loan without penalty, unless we
specify to the contrary on this note. Any partial prepayment will not
excuse or reduce any later scheduled payment until this note is paid in full
(unless, when I make the prepayment, you and I agree in writing to the
contrary).
INTEREST: Interest accrues on the principal remaining unpaid from time
to time, until paid in full. If 1 receive the principal in more than one
advance, each advance will start to earn interest only when 1 receive the
advance. The interest rate in effect on this note at any given time will
apply to the entire principal advanced at that time. Notwithstanding
anything to the contrary, I do not agree to pay and you do not intend to
charge any rate of interest that is higher than the maximum rate of
interest you could charge. under applicable law for the extension of credit
that is agreed to here (either before or after maturity). If any notice of
interest accrual is sent and is in error, we mutually agree to correct it,
and if you actually collect more interest than allowed by law and this
agreement, you agree to refund it to me.
INDEX RATE: The index will serve only as a device for setting the rate on
this note. You do not guarantee by selecting this index, or the margin,
that the rate on this note will be the same rate you charge on any other
loans or class of loans to me or other borrowers.
ACCRUAL METHOD: The amount of interest that I will pay on this loan
will be calculated using the interest rate and accrual method stated on
page 1 of this note. For the purpose of interest calculation, the accrual
method will determine the number of days in a "year." If no accrual
method is stated, then you may use any reasonable accrual method for
calculating interest.
POST MATURITY RATE: For purposes of deciding when the "Post
Maturity Rate" (shown an page,l) applies, the term "maturity" means the
earliest of the following:
(a) the date of the last scheduled payment indicated on page 1 of this
note;
(b) the date you accelerate payment on the note; or
(c) after the entry of judgment on this note by confession or otherwise
and applies to amounts owed under this note on any such
judgment until paid in full.
SINGLE ADVANCE LOANS: If this is a single advance loan, you and 1
expect that you will make only one advance of principal. However, you
may add other amounts to the principal if you make any payments
described in the "PAYMENTS BY LENDER" paragraph below.
MULTIPLE ADVANCE LOANS: If this is a multiple advance loan, you and I
expect that you will make more than one advance of principal. If this is
closed end credit, repaying a part of the principal will not entitle me to
additional credit.
ADVANCE PROCEDURE AND MEANS: You will advance the loan
proceeds by way of check, cash, wire transfer, credit to an account or
any combination as You and I agree. The advance(s) will occur upon
consummation of the loan and as You and I agree, except that no
advance(s) will occur until after three business days from the date of
consummation if the loan is rescindable pursuant to Regulation 2 (12
C.F.R. S 226).
PAYMENTS BY LENDER: If you are authorized to pay, on my behalf,
charges I am obligated to pay (such as property insurance premiums),
then you may treat those payments made by you as advances and add
them to the unpaid principal under this note, or you may demand
immediate payment of the charges.
SET-OFF: I agree that you may set off any amount due and payable under
this note against any right 1 have to receive money from you.
"Right to receive money from you" means:
(1) any deposit account balance I have with you;
(2) any money owed to me on an item presented to you or in your
possession for collection or exchange; and
(3) any repurchase agreement or other nondeposit obligation.
Any amount due and payable under this note" means the total
amount of which you are entitled to demand payment under the terms of
this note at the time you set off. This total includes any balance the due
date for which you properly accelerate under this note.
If my right to receive m• "y from you is also owned by some:;ne who
has not agreed to pay th rte, your right of set-off will'apply to-my
interest in the obligation a- to any other amounts I could-withdraw on
my sole request or endorsement. Your right of'set-off does not apply to
an account or other obligation where my rights are only as a
representative. It also does not apply to any Individual Retirement
Account or other tax-deferred retirement account.
You will not be liable for the dishonor of any check when the dishonor
occurs because you set off this debt against any of my accounts. I agree
to hold you harmless from any such claims arising as a result of your
exercise of your right of set-off.
REAL ESTATE OR RESIDENCE.SECURITY: If this note is secured by real
estate or a residence that is personal property, the existence of a default
and your remedies for such a default will be determined by applicable
law, by the terms of any separate instrument creating the security
interest and, to the extent not prohibited by law and not contrary to the
terms of the separate security instrument, by the "Default" and
"Remedies" paragraphs herein.
DEFAULT: I will be in default if any one or more of the following occur:
(1) 1 fail to make a payment on time or in the amount due; (2) 1 fail to
keep the property insured, if required; (3) I.fail to pay, or 'keep any
promise, on any debt or agreement I have with you; (4) any other creditor
of mine attempts to collect any debt I owe him through court pro-
ceedings; (5) 1 die, am declared incompetent, make an assignment for the
benefit of creditors, or become insolvent (either because my liabilities ex-
ceed my assets or I am unable to pay my debts as they become due); 161
1 make any written statement or provide any financial information that is
untrue or inaccurate at the time it was provided; (7) 1 do or fail to do
something which causes you to believe that you will have difficulty
collecting the amount I owe.you;.(8) any collateral securing this note is
used in a manner or for a purpose which threatens confiscation by a legal
authority; (9) 1 change my name or assume an additional name without
first notifying you before making such a change; (10) 1 fail to plant, culti-
vate and harvest crops in due season; (11) any loan proceeds are used
for a purpose that will contribute to excessive erosion of highly erodible
land or to the conversion of wetlands to produce an agricultural commod-
ity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M.
REMEDIES: If I am in default on this note you have, but are not limited to,
the following remedies:
(1) You may demand immediate payment of all I owe you under this
note (principal, accrued unpaid interest and other accrued charges).
(2) You may set off this debt against any right I have to the payment
of money from you, subject to the terms of the "Sat-Off"
paragraph herein.
(3) You may demand security, additional security, or additional parties
to be obligated to pay this note as a condition for not using any
other remedy.
(4) You may refuse to make advances to me or allow purchases on
credit by me.
(5) You may use any remedy you have under state or federal law.
By selecting any one or more of these remedies you do not, give up
your right to later use any other remedy. By waiving your right to declare
an event to be a default, you do not waive your right to later consider the
event as a default if it continues or happens again.
COLLECTION COSTS AND ATTORNEY'S FEES: I agree to pay all costs of
collection, replevin or any other or similar type of cost if I am in default.
In addition, if you hire an attorney to collect this note, I also agree to pay
any fee you incur with such attorney plus court costs (except where
prohibited by law). To the extent permitted by the United States
Bankruptcy Code, I also agree to pay the reasonable attorney's fees and
costs you incur to collect this debt as awarded by any court exercising
jurisdiction under the Bankruptcy Code.
WAIVER: I give up my rights (to the extent. permitted by law) to require
you to do certain things. I will not require you to:
(11 demand payment of amounts due (presentment);
12) obtain official certification of nonpayment (protest); or
(3) give notice that amounts due have not been paid (notice of
dishonor).
I waive any defenses 1 have based on suretyship or impairment of
collateral.
OBLIGATIONS INDEPENDENT: I understand that I must pay this note
even if someone else has also agreed to pay it (by, for example, signing
this form or a separate guarantee or endorsement). You may sue me
alone, or anyone else who is obligated on this note, or any number of us
together, to collect this note. You may do so without any notice that it
has not been paid (notice of dishonor). You may without notice release
any party to this agreement without releasing any other party. If you give
up any of your rights, with or without notice, it will not affect my duty to
pay this note. Any extension of new credit to any of us, or renewal of
this note by all or less than all of us will not release me from my duty to
pay it. (Of course, you are entitled to only one payment in full.) 1 agree
that you may at your option extend this note or the debt represented by
this note, or any portion of the note or debt, from time to time without
limit or notice and for any term without affecting my liability for payment
of the note. 'I will not as
your prior written approval sign my obligation under this agreement without
.
FINANCIAL INFORMATION: I agree to provide you, upon request, any
financial statement or information you may deem necessary. 1 warrant
that the financial statements and information I provide to you are or will
be accurate, correct and complete.
NOTICE: Unless otherwise required by law, any notice to me shall be
given by delivering it or by mailing it by first class mail addressed to me
at my last known address. My current address is on page 1. 1 agree to
inform you in writing of any change in my address. I will give any notice
to you by mailing it first class to your address stated on page 1 of this
agreement, or to any other address that you have deair,neted
GAT
E OF
TRANSACTION PRINCIPAL
ADVANCE BORROWER'S
INITIALS
PRINCIPAL
PRINCIPAL
INTEREST
INTEREST
(notrequkad) PAYMENTS
BALANCE
RATE
PAYMENTS INTEREST
PAID
THROUGH:
8 8
8
8 8 % 8
8 % 6
e 8
8
8 8
%
8
8 % 8
8 8
8
8 8 % 8
e
8 8 % 8
8 % e
e $
$ % a
8 0
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I s
8 • %
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i u 0 1884, 1991 Banker. Sy"tems, Inc., St. Cloud, MN Form UWPA 31712002 (Pepe 2 of 2)
Addendum to Universal Note, Form UN-PA
Date 5/31/2007
ADDITIONAL INTEREST RATE AND PERIODIC PAYMENT CHANGE INFORMATION
Change Dates
Each date on which my interest rate could change is called a "Change Date".
The first change date is listed under the Variable Rate-Frequency and Timing section of my note.
The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is:
THE AVERAGE YIELD INTEREST RATE OF THE TWELVE MONTHS' MONTHLY AVERAGE YIELD
ON UNITED STATES TREASURY SECURITIES ADJUSTED TO A MATURITY OF THREE YEARS, AS
MADE AVAILABLE BY THE FEDERAL RESERVE BOARD FOR THE TWELVE FULL MONTHS
PRECEDING THE DATE THIRTY DAYS BEFORE THE CHANGE DATE OF THE WITHIN MORTGAGE.
The most recent Index figure available as of the date 45 days before each Change Date is called the
"Current Index."
If the Index is no longer available, the Note Holder will choose a new index which is based upon
comparable information. The Note Holder will give me notice of this choice.
Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding the percentage
rate as listed in the Variable Rate section of my note to the Current Index as listed above. The result of
this calculation will be rounded off by the Note Holder to the nearest 0.125%. Subject to the limitations as
listed in the Variable Rate section, this amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the periodic payment that would be sufficient to repay
the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new
interest rate in substantially equal payments. The result of this calculation will be the new amount of my
periodic payment.
Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new
periodic payment beginning on the first periodic payment date after the Change Date until the amount of
my periodic payment changes again.
Notice of Changes
At least 25 days, but not more than 120 days before the effective date of any payment change, the Note
Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my periodic
payment. The notice will include the information regarding the changes and also the title and telephone
number of a person who I may contact if I have any questions regarding the notice..
Madeira Operations, C
?FeMadeira, Maging Member
Donald L. Kornfield, Esq.
Kornfield and Senchoff, LLP
17 North church street
Waynesboro, PA 17268
(717) 762-8222
FAX 762-6544
don@kornfield.net
Atty. I.D. #19242
THE FIRST NATIONAL BANK OF
MERCERSBURG Plaintiff
VS.
MADEIRA OPERATIONS, LLC
Defendant
'RLEL14),i: li;
-1 THE :,!t G i ftry
2010 AN 17 PH 2.35
: IN THE COURT OF COMMON PLEAS OF
: THE 9TH JUDICIAL DISTRICT, PA.
CUMBERLAND COUNTY BRANCH
CIVIL ACTION -LAW
# to- 0,.t v l Tem
NAME AND ADDRESS CERTIFICATION
I hereby request the Prothonotary to enter the within judgment against:
Madeira Operations, LLC
1124 Kennebec Drive
Chambersburg, PA 17201
Defendant within named, the last named address of the Defendant as shown above, and I hereby
certify that the precise address of the Judgment Creditor is:
The First National Bank of Mercersburg
12 South Main Street
Mercersburg, PA 17236
Donald L. Kornfield, Esq.
Kornfield and Benchoff, LLP
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
FAX 762-6544
don@kornfield.net
Atty. I.D. #19242
THE FIRST NATIONAL BANK OF
MERCERSBURG Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS OF
: THE 9TH JUDICIAL DISTRICT, PA.
CUMBERLAND COUNTY BRANCH
: CIVIL ACTION -LAW
MADEIRA OPERATIONS, LLC
Defendant # 10 - (2t y t ( T rrti
NOTICE OF FILING CONFESSION OF JUDGMENT
TO: Madeira Operations, LLC
(x) Notice is hereby given that a Judgment in the above-captioned matter has been entered
against you in the amount of $554,458.13 on the j2'-day of k Lim , 2010.
(x) A copy of all documents filed with the Prothonotary in support of this matter are
enclosed.
Prothonotary
By
If you have any questions regarding this Notice, please contact the filing party:
Donald L. Kornfield, Esq.
Kornfield and Benchoff, LLP
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
NOTICE MAILED:
Prothonotary
/ ~~
JUL 19 2010
THE FIRST NATh
MERCERSBURG,
v.
MADEIRA OPERA
AND NOW,
consideration of the
BANK OF IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ntiff
NO. 10-4084 Civil Term
S, LLC,
CIVIL ACTION -LAW
ORDER
~I~
~~ day of ~~1 y , 2010, upon
Petition, it is hereby ordered that
1. a rule is 'ssued upon the Respondent to show cause why the Petitioner is not
entitled t the relief requested; n
2. the Resp ndent shall file an answer to the Petition within f~.~ days of this
date;
3. the Petiti n shall be decided under Pa.R.C.P. No. 206.7;
4. depositio s shall be completed within ~~ days of this date;
5. argument hall be held on 7 , 2010, in Courtroom c~2. of the
Cumberl d County Courthouse; and ~- f ~,~ 3D ~ M
6. notice of Ithe entry of this Order shall be provided to by all parties by the
Petitioner.
BY THE COURT:
tnbution:
~ig A. Diehl, Esquire,
Donald L. Kornfield, Esq
t
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A, 3464 Trindle Road, Camp Hill, PA 17011
'e_ 17 North Church Street_ Wavneshore_ PA 1 ?2f R
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Donald L. Rornfield, Esq.
Kornfield and Benchoff, LLP
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
FAX 762-6544
don@kornfield.net
Atty. I.D. #19242
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA -CUMBERLAND COUNTY BRANCH
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENT)
P.R.C.P. 3101 to 3149
(Confessed Judgment)
THE FIRST NATIONAL BANK OF
MERCERSBURG Plaintiff #10-4084 Civil Term
vs.
MADEIRA OPERATIONS, LLC
Defendant ~
c ~ L,
-
-
-~, ~; ~
~ ,
,
TO: Prothonotary
-.:_._
`'' ~' ` ~-
r„
~
~: --
~ ;?
Issue Writ of Execution in the above matter: ~ ~-. ~~~
~~ -T _
1. To: Sheriff, Cumberland County, Pennsylvania; ~" ~ ~ ~'~''
2. against Madeira Operations, LLC, Defendant(s) ~ n:• ~
{
Address of Defendant(s) 1124 Kennebec Drive, Chambersburg, PA;
3. and against Garnishee(s)
Address of Garnishee(s) ;
4. and index this writ
a. against (Defendant(s) and
The Sheriff is directed to levy upon the following described property of the Defendant(s) and to sell his, her (or
their) interest therein:
Real estate located at 277 Stoner Road, Mechanicsburg, Cumberland County, Pennsylvania,
more particularly described in Cumberland County Deed Book Volume 276, Page 940.
as a lis pendens against the real estate of the Defendant(s) in the name of the Garnishee(s) as follows:
b. against Garnishee(s).
5. Amount Due $554,458.13
Interest from 06/09/2010 to 12/08/2010 $ 10,237.50
Total $564,695.63 Plus costs
0
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Donald L. Kornfield, Esq.
Kornfield and Benchoff, LLP
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
FA7C 762-6544
donQkornfield.net
Atty. Z.D. #19242
THE FIRST NATIONAL BANK OF
MERCERSBURG Plaintiff
vs.
MADEIRA OPERATIONS, LLC
Defendant
F1! CCU r ~r
1'- r ~~r '. ,~ ~' i k~Y
Vic. ~ -...
2010 JUG. 14 P~°i 3~ ~ i
C+~hJ+ - ;t1t~ iii
r L~ii~~ ~ L'v`r~~~il~
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
CUMBERLAND COUNTY BRANCH
CIVIL ACTION -LAW
#10-4084 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129
Plaintiff in the above-captioned matter sets forth as of the date the praecipe for the writ of
execution was filed the following information concerning the real property located in Monroe
Township, Cumberland County, Pennsylvania, described in Cumberland County Deed Book Volume
276, Page 940, a copy of which is attached hereto.
1. Name and address of Owner(s) or Reputed Owner(s):
Madeira Operations, LLC
1124 Kennebec Drive
Chambersburg, PA 17201
2. Name and address of Defendant(s) in the Judgment:
Madeira Operations, LLC
1124 Kennebec Drive
Chambersburg, PA 17201
3. Name and last known address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
The First National Bank of Mercersburg
12 South Main Street
Mercersburg, PA 17236
4. Name and address of the last recorded holder of every mortgage of record:
The First National Bank of Mercersburg
12 South Main Street
Mercersburg, PA 17236
Neil Barr
405 Lisburn Heights Drive
Lewisberry, PA 17339
David Ricker
7617 Green Hill Road
Harrisburg, PA 17112
Angela Hickey
P.O. Box 112
Scotland, PA 17254
5. Name and address of every other person who has any record lien on the property:
None.
6. Name and address of every other person who has any record interest in the property
and whose interest may be affected by the sale:
None.
7. Name and address of every other person of whom the Plaintiff has knowledge who
has any interest in the property which might be affected by this sale.
Tom Stallsmith
Brenda Hawkins
277 Stoner Road
Mechanicsburg, PA 17055
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 490 relating to unsworn falsification to authorities.
AND $BNCh[(~F>±i, LLP
By
Donald L. K
Attorney for
.«
~~ J
Tax Parcel X22-10-Q644-034
L(~ ~' #22-11-4278--011
,J
MADE THE Isf( day of August, 2006,
BETWEEN CRE18',DIN L Sl't)NRR ski DOROTSY L. STR3NF., Co-F.~Cesrutura of
< the Last Will and T+as~ne®t of FRANK E. 3T"ONRR, SR, lste of tLe Tow~ip of
Monime, Cownty of Cumberland, ~ of ParnsYlvanis, deax~sed, GSt~-hl'i~ORs
., ~ ,~ .~ -AND -
w*-~
MA~EI~tA UPE~FA1'I~I LLC of 1124 Kemarebt~c Tkivey Ch~ambeaGSburg, of
~' ~ ~ ua the of CumbatlatKl, State of G~1~l-1!1'~'f+.Y
+~- ~ .•~
~ ~ ~ Wl~'3i~!1S, Frank E. Staa~oc, Sr., died March 14, 2006, a roaidaat of Cumberland
~ ~ Couaty and I,et~aa TastagaaaLcy on his ahta w~a gamed iq C~ L. STONER
"'~ ~ aad DQROTHY L. S'IRIl~IE by ~ R,aar of Wins of Cbrabaclagd Candy oa Matrh
'~' 20, 2006, and
WHERF~AS, decedeaCs will did not apecifieat~}- devist his x+eal estates and
WBERI~AS, in r~liueocx on Section 3351 of the Probate, F.statc~ and Fiduciaries
Code, Cianbors mane th~a deed do ~Y'eT deaala~Ca: real astate.
NQW 7 in aoaai~deme~iun of the sum of E~RT HiJNDRLrD
SEtirENTY 1'Sf31JnANA ~ DO ~ by , the Graators do
by these Pres~ta aad convey to the G~t~UN'1"13E~d heirs and .
~L THAT CRRTAIN a pac+ool of Lad, srtwrba in tha Towmhp of
Mortrve, County of GbimbarLiid nand Stamc of Pram~al-lvotia, mua+e poectlaslaeiy bcxmded
and descaatbed as follo~avs, to wi1~
T~+tCI' 1~0. i `:tI~I~ st a poet in a pohBc racard t6rance 1~~y~~h~~ood +r oc
formrrly of S B. Beast, North +10 Eeat, twav d suc lta~o~ed '' rt~r-asar
and 'lie hundralths (2631 "7Sj fact to a goafi tbar~suc bar rho e~ ~m~d Iaud
f a~o ~ Stash 41~s Eert, oae n 16ree l~+ed gay
tY~~S3.aDpi0)) fed ~ a is tha aad " ~ l d~aea~e by said
Soh 40 eat, two. d~~~ six trarade~ed aced + five
h~~s (?~i31~.7;S~ fact to x pat in trc fit eLswa ". mad! tl~nca by
.the saa~a toad, Ntx1h 47 1. ~'fXesd, tone thcaamd thence hafw~~~aa~ a4d
cote huond+radt6s fed ~136'9.St3) tQ tha pL~oc of~Ft39l~tNtNt~.
C()1~1'AII~iI1~iG 8~ awes 20 pa+c1~.
EXCEPTING fc+aen the above tract the following parcel.
1 - DOOK ~~b PACE ~~
BRGG at a m the center line of the Wi~Uiams Grove Road {L.R. #
2101'1), at tads of Lebo; ~ by the center line of tho Williams Ca~a~vo Road, South 39
38 mioa~Des 26 aoaou~is bleat, tau d sixty-fivc ~d e~ght~--pavan ltmdredtha
((l s.8't) felt to a point; thence by~Ltntia of S>bonac of vrbieh wrw a p~:Narfh-fro
degrees 26 mrnutbos 22 se~oarda eat, thattloaon ~mdtad and ancty
huadrat~~ss (1362.63) feet to a pin; tLaACe by laoda n+nw a°`~ ~- of R.
Eppk~,r, I3arW 4d 40 mAOr~d 4U steomds. East, een huardt+o~d srectyt god ~ety
hu~+edEhs (t163. tb a at od>rer bards of St~ooot; by hods, Saadiaa 4~
doff~ss 30 n~rinutea SO s~o~East, tbi~ioaa ~urnde!od fi#ty-fivr~ a®~d ninety
~l353.90) Ebel to a pout, the place of Ham.
CONTAII~iG 33.2142 acx+es.
81l~ING part of` the s ptsaoia~c~a vrat Ftanlc E. Si~oora' Sr, ~d T7bc~o~iy M.
8tmer, his wi&S, thdr deed daeed ~kemnber 34,19b9 ao~d recur<+c~ed in t5a 4ffiae of t1~
Reoordec of m and 8dr Cba~ar~d Caunt~r, in 13oad Book U ,
Vohm~o 23, at Page 932, and vaav~,ed ~ ~nolc B. ~ 3r: afford ~Y.
Stoner. Stograr died 3ryr 2E, 1949, whleast~pMpt 1~ ~ tea vat~i m
Frank E. toad option ~f law.
T~ACC rw. 3 BH+GII~iNII~iG at a as the Western Buie of Wilfiama drove
Road at sou4taoat cotndt of bard caw or fiumm''!y of Tcaay 3>~ona bung i,At No:1 con tlh2e
Y~a:~an~af~er mastitwned plap of Iota: doo~aa by kK Na. 1 $'~ +d~es 32 maws,
sevortds West nioa lwndi+od card Rtly-ana br~n~deed~r 9~ 1 het to a
ttuerce South 00 28 ~~ 00 soocrobls wed 8rroe
s~wea~y-onsr . (337.71). fit to a pio; tben~uo satfh ~ ~~~i~mmutes
OO,aeeando ea ~ huu~ed -aoa sod twrauty, (.2s)1~t to a
pp on the we~cn side of ~ th!a~ne Rdrd,~aato~a by dre wear~n aide of
V~ pann~-e Rand north 00 de~+oes 11 11 a~eoaxls snot fans htimdred ono and
twearwtyfn-e h~ (4tl2.25) fed m a poiart the pLroe of BPNQiEI:
HWG l.at No. 2 in the Plan of Iola of Frank E. Stoner, as reaordod in P1aa Book
57, at page 53, Cumberland Cowaty Raacaderr of lleod~`s office.
EX~'7Ge'1'YNG troam the abavo tract the fallowing ptt+cei.
HIGGA~iI~TING at a located an the weabortt of way liue of Williams
Grove Rc1~rd (S.It. 2U11 a~6 f+aa~t rg~ot-of•~tray, sod point acr~vaad~rn
property cocdpc of hods ncmr a of L. ~ na~n
Lp~~ , cotter of ncyw ar of ~ E. ~ D~orvlhy M, ~too~r; hence
fi~po~t of _ , , stud ~f#yvay Pule S~o~h al. d~aoo 17
1'7 aocautls ~ a 225.~~f' fed m a thanes s nuw or
farm _ of prank B ~ , 1Vi. S~ttac the 1~~ aod~mce$ 1)
South 42 nmm~ 43 ~ aacaoHdar Warta 15.Q4 feat ~ a
2.} N 17 17 srdo~L Weft a: of 225.44 fi
DZ~minutes04 secoandsF,ast ad+e~d~ausca~ of 15.OZHfeal to a t~a~'~rromt' ~beinA
CONTAIl~IING 4.078 acmes.
BFatG a part of the same premises conveyed to Frank B. St,~a sand L)orothy
2 8001E X76 PAGE 9
a ,
M. Stoner aY ~e aforesaid deed recorded in need Book o, volume 23, at Page
952.
AND the said GRATITORS will warrant specially tLc prnpe~ty l~rein c~veyed.
~( WPSN " S WHE~tEQF, said GRAIV'TORS Lave hca~n~to set their hsn~is and
seals the day and pear first above written.
Witness:
Frank E. Stoner, Sr., Estate
. ,
By:, ~ ~sEAZ.)
Colvsi~toxWF,AL~rx of PENI~s~.vaxiA >
SS
COUN1"Y OF CUMBERLAl`ID
C-n this the ~ 5 of A ~ bane ~t the v~cket; a#ficcr
~ t7~1g~~1 L. ~d ~~Y L s'~~ttu ~- Co-
oi~rank L. Sta~c, Sr 1a~e+wr- to m4 or paro~n) to be the
P deacaribed in tbw~ ua~ tad tbu~rt try
e!cecuted the same an tho t aQd' ~ porp~oe~t
a~daux~d.
seal. IN WtIZKESS WHERFt)F, I Dave he~nto aet my hand and notarial
c'
xR~o ~~
~~dc~~pPlo~o.. '400
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r
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a
CERTIFICATE OF RESIDENCE
I bereby oartify #het #t~e paceeise restde~ux of dw h+~+ein is as follows:
/!Zy K~~vx,E~ c A~?~vE ~ ('N~b~cusd v~tt~ ,P~ J~Zo 1
~_
l Certify this to be recorded
In Cumberland County PA
• x
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Recorder of I?ceds
co~oxw~,A~,Tx of pENNSnvAxiA }
ss
cc~u~vT~ o~ cv~ERCAN~a 1
R.EcoRn~ m ~ Raca~~ v~«~ m Dbea Hoak No. , vohm~e ,
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f • • • • • • • • • 1 •
V ~ ~ ~ v M V
~ tY
Donald L. Kornfield, Esq.
Kornfield and Benchoff, LLP
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
FAX 762-6544
don@kornfield.net
Atty. I.D. #19242
THE FIRST NATIONAL BANK OF
MERCERSBURG Plaintiff
vs.
MADEIRA OPERATIONS, LLC
Defendant
.iT'
F1 ~' , ~; ~ ,,,~w _~,p
~1~ ~ it i' ~'+.`1,~?Y
210 JUG 14 I"'r~i 3~ [ i
Culr ~~, ~~~;~yTY
,,;, ~YL,rr..nl`~~
~~E V''VV .r r~~...
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
CUMBERLAND COUNTY BRANCH
CIVIL ACTION -LAW
#10-4084 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2
TO: Madeira Operations, LLC
Your house (real estate) at 277 Stoner Road, Mechanicsburg, Pennsylvania, is scheduled to
be sold at Sheriff s Sale on December 8, 2010, at 10:00 a.m. at:
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
to enforce the court judgment of $554,458.13 obtained by The First National Bank of Mercersburg
against you.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to the mortgagee the back payments, late
charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may
call: Donald L. Kornfield at 717/762-8222.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open
the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price bid by calling Donald L. Kornfield at 717/762-8222.
2. You maybe able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the
sale. To find out if this has happened you may call Donald L. Kornfield at 717/762-8222.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner
of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings
to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Sheriffno later than 30
days after the sale. The schedule will state who will be receiving the money. The money will be
paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is
wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses or ways of getting your property back, if
you act immediately after the sale.
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, PA 17013
Telephone Number: $00-990-9108
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
10-4084
THE FIRST NATIONAL BANK OF MERCERSBURG
VS.
MADEIRA OPERATIONS, LLC
ATTY: KORNFIELD AND BENCHOFF, LLP
LEGAL DESCRIPTION
ALL the following described real estate, lying and being situate in Monroe Township, Cumberland
County, Pennsylvania, with a property address of 277 Stoner Road, Mechanicsburg, Pennsylvania,
bounded and described as follows:
TRACT NO.1 BEGINNING at a post in a public road; thence by land now or formerly of Samuel B.
Best, North 40 degrees East 2631.75 feet to a post; thence by the same and land now or formerly of
Hummel Heirs, South 473/a degrees East 1353.00 feet to a point in the Dillsburg and Mechanicsburg
Road; thence by said road, South 40 degrees West 2631.75 feet to a post in the first above mentioned
public road; thence by the same road, North 473/a degrees West 1369.50 feet to the place of
beginning.
CONTAINING 82 acres 20 perches.
EXCEPTING from the above tract the following parcel:
BEGINNING at a point in the center line of the Williams Grove Road (L.R. #21017) at lands
now or formerly of Lebo; thence by the center line of the Williams Grove Road, South 39
degrees 38 minutes 26 seconds West 1065.87 feet to a point; thence by lands now or
formerly of Stoner, of which this was a part, North 48 degrees 26 minutes 22 seconds West
1362.63 feet to a pin; thence by lands now or formerly of George R. Eppley, North 40
degrees 00 minutes 00 seconds East 1063.90 feet to a point at other lands now or formerly of
Stoner; thence by lands, South 48 degrees 30 minutes 50 seconds East 1355.90 feet to a
point, the place of beginning.
CONTAINING 33.2142 acres.
TRACT N0.2 BEGINNING at a point on the Western side of Williams Grove Road at southeast
corner of land now or formerly of Terry Stoner, being Lot No. 1 on the hereinafter mentioned plan of
lots; thence by Lot No. 1 South 87 degrees 32 minutes 12 seconds West 980.51 feet to a point;
thence South 00 degrees 28 minutes 00 seconds West 337.71 feet to a pin; thence South 88 degrees
45 minutes 00 seconds East 981.28 feet to a point on the Western side of Williams Grove Road;
thence by the western side of Williams Grove Road North 00 degrees 11 minutes 11 seconds East
401.25 feet to a point the place of beginning. BEING Lot 2 in the plan of Lots of Frank E. Stoner, as
~~ecorded in Plan Book 57, at Page 53, Cumberland County Recorder of Deed's office.
EXCEPTING from the above tract the following parcel:
BEGINNING at a point located on the western right of way line of Williams Grove Road
(S.R. 2011) a 6 foot right of way, said point being the Southeastern property corner of lands
now or formerly of Barry L. Loreman and the Northeastern property corner of lands now or
formerly of Frank E. and Dorothy M. Stoner; thence from point of beginning along said right
of way line South O1 degrees 17 minutes 17 seconds West a distance of 225.70 feet to a
point; thence along lands now or formerly of Frank E. and Dorothy M. Stoner the following
courses and distances: 1) South 88 degrees 42 minutes 43 seconds West a distance of 15.00
feet to a point; 2) North O l degrees 17 minutes 17 seconds West a distance of 225.00 feet to a
point; thence along lands now or formerly of Barry L. Loreman North 86 degrees 02 minutes
04 seconds East a distance of 15.02 feet to a point, said point being the point of beginning.
CONTAINING 0.078 acres.
BEING the same real estate which Creedin L. Stoner and Dorothy L. Strine, Co-Executors of the
Last Will and Testament of Frank E. Stoner, Sr. conveyed to Madeira Operations, LLC by deed dated
August 15, 2006, and recorded in Franklin County Deed Book Volume 276, Page 940.
TAX PARCEL #22-10-0644 and 22-11-0278
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-4084 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE FIRST NATIONAL BANK OF MERCERBURG,
Plaintiff (s)
From MADEIRA OPERATIONS, LLC
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(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 $554,458.13
L.L.$.50
Interest from 6!9110 to 12/8!10 -- $10,237.50
Atty's Comm
Atty Paid $54.00
Plaintiff Paid
Date: 7/14/10
(Seal)
REQUESTING PARTY:
Due Prothy $2.00
Other Costs
Davi uell, Prothonotary
By:
Deputy
Name: DONALD L. KORNFIELD, ESQUIRE
Address: KORNFIELD AND BENCHOFF, LLP
17 NORTH CHURCH STREET
WAYNSBORO, PA 17268
Attorney for: PLAINTIFF
Telephone: 717-762-8222
Supreme Court ID No. 19242
Donald L. Kornfield, Esq.
Kornfield and Benchoff, LLP
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
FAX 762-6544
don@kornfield.net
Atty. I.D. #19242
THE FIRST NATIONAL BANK OF
MERCERSBURG Plaintiff
vs.
MADEIRA OPERATIONS, LLC
Defendant
TO THE PROTHONOTARY:
r. ~~~: -
~" '
~~ ~t••32
s c.y "ir~r
rq„
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
CUMBERLAND COUNTY BRANCH
CIVIL ~=iCTION - LAVV
#10-4084 Civil Term
PRAECIPE
Please mark the judgment entered in the above captioned matter withdrawn and mark
cancelled the argument scheduled on September 9, 2010.
By
July 22, 2010
~~.Oa ~~ l~d~'l~i,Cld~
~~- ~%9a~
CERTIFICATE OF SERVICE
This is to certify that in this case a true copy of the praecipe to withdraw judgment and
cancel argument has been served upon the following person(s), by the following means and dates
stated:
Craig A. Diehl, Esq., attorney for Defendant
3464 Trindle Road
Camp Hill, PA 17011
Date: July 22, 2010
Via: first class mail
I verify that the statements made in this Certificate are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities.
OFF, LLP