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METRO BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
NO. )a- 5~~~ CiVi ~
v.
TOD G. SHEDLOSKY and W
LISA T. SHEDLOSKY, ~ ~ rni
Defendants :CIVIL ACTION -LAW ~ _
CONFESSION OF JUDGMENT ~
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Pursuant to the authority contained in the Note, as defined in the Complaled~ t~i
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above captioned case and evidenced by Ezhibit A to said Complaint, we appear for T~fendants
Tod G. Shedlosky and Lisa T. Shedlosky and confess judgment against them in favor of Plaintiff,
Metro Bank, as follows:
Principal: $ 877,368.82
Accrued Interest: $ 4,098.17
Late Fees $ 43,883.25
Attorney's Fees (10% commission): $ 88,146.70
Total: $1,013,496.94*
*along with interest accruing at the current per diem rate of $158.41 from
August 22, 2012 until paid in full.
McNEES WALLACE & NURICK LLC
Date: August 28, 2012 By
Clayton W avidson
PA Attorn I.D. No. 79139
McNees Wallace & Nurick LLC
100 Pine Street - P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 260-1678 (Direct Fax)
(717) 232-8000 (Phone)
cdavidson(a~mwn.com
Attorneys for Plaintiff, Metro Bank
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Clayton w. Davidson Zdl1 3p Aft ~
PA Attorney I.D. No. 79139 rU~1~ER 5
00 Pine Streeet a P.O. Bo 1166 ~ENNS YL
AI~IAN~'y
Harrisburg, PA 17108-1166
(717) 260-1678 (Direct Fax)
(717) 232-8000 (Phone)
cdavidson(a,mwn.com
Attorneys for Plaintiff, Metro Bank
METRO BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. ~ d-S~rC> l.~ U[~I
TOD G. SHEDLOSKY and
LISA T. SHEDLOSKY,
Defendants :CIVIL ACTION -LAW
COMPLAINT FOR CONFESSION OF JUDGMENT
Plaintiff, Metro Bank, by and through its undersigned counsel, hereby files this
Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof
avers the following:
1. Plaintiff, Metro Bank (the "Bank"), is a Pennsylvania financial institution with an
office located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111.
2. Defendants, Tod G. and Lisa T. Shedlosky (the "Defendants"), are adult, married
individuals last known residing at 6346 North Powderhorn Road, Mechanicsburg, Cumberland
County, Pennsylvania, 17050.
3. On November 5, 2007, the Bank loaned the Defendants $1,000,000.00 (the
"Loan") for a business purpose as evidenced by a Promissory Note as modified from time to time
(the "Note") . Attached hereto as Exhibit A and incorporated herein by reference is a true and
correct copy of the Note (less any applicable tax identification numbers).
4. On July 28, 2011, Defendants and Bank entered into a Forbearance Agreement
and Release (the "Forbearance Agreement) in an effort to allow Defendants to repay prior
defaults. Attached hereto as Ezhibit B and incorporated herein by reference is a true and correct
copy of the Forbearance Agreement.
5. The Defendants have defaulted under the Note and the Forbearance Agreement by
failing to make the payments when due thereunder and the Loan has matured.
6. All amounts due and owing under the Note and the Forbearance Agreement have
been accelerated as a result of the Defendants failure to make payments when due and the Loan
maturing.
7. The- total sum due and owing under the Note, as of August 22, 2012, is itemized
as follows:
Principal: $ 877,368.82
Accrued Interest: $ 4,098.17
Late Fees $ 43,883.25
Attorney's Fees 10% commission): $ 88,146.70
Total: $1,013,496.94*
*along with interest accruing at the current per diem rate of $158.41 from
August 22, 2012 until. paid in full (the "Indebtedness").
8. All conditions precedent have been satisfied to allow the Bank to confess
judgment against the Defendants under the Note and Forbearance Agreement and the Defendants
have no right to cure their payment defaults under the Note and Forbearance Agreement and the
Loan has matured.
9. The Bank is the holder of the Note.
10. The Note was executed and delivered in connection with a business transaction
and judgment is not being entered by confession against a natural person in connection with a
• consumer credit transaction.
11. Judgment has not been confessed or entered under the Note in any other
jurisdiction.
11. The 10% attorney's fee commission included in the confessed judgment is
authorized under the Note and said percentage is being used to calculate a sum certain for
purposes of confessing judgment; however, the Bank will only seek and recover its actual and
reasonable attorney's fees for costs of collection in this matter.
WHEREFORE, Plaintiff, Metro Bank, hereby requests this Court to enter judgment by
confession against Tod G. Shedlosky and Lisa T. Shedlosky in the amount of $1,013,496.94
along with interest accruing at the per diem rate of $158.41 from August 22, 2012 until paid in
full.
McNEES WALLACE & NURICK LLC
Date: August 28, 2012 By
Clayton W. D idson
PA Attorney I.D. No. 79139
McNees Wallace & Nurick LLC
100 Pine Street - P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 260-1678 (Direct Fax)
(717) 232-8000 (Phone)
cdavidson@mwn.com
Attorneys for Plaintiff, Metro Bank
VERIFICATION
I, David Chajkowski, verify that I am authorized to make this verification on behalf of
Metro Bank, and that the facts contained in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief and that the same are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
y~~
David Chajkowski
Assistant Vice President
PROMISSORY NOTE f"
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References in the boxes above 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: Tod G. Shedbsky Lender: COMMERCE BANKlHARRISBURG N.A.
Lisa T. Shedlosky LOAN SERVICING
6346 North Powderhorn Road 3801 PAXTON STREET
Mechanicsburg, PA 17050 HARRISBURG, PA 17111
(888) 937-0004
Principal Amount: 51,000,000.00 Initial Rate: 7.500% Date of Note: November 30, 2007
PROMISE TO PAY. Tod G. Shedbsky and Lisa T. Shedlosky ("Borrower") jointly and severally promise to pay to COMMERCE
BANK/HARRISBURG N.A. ("tender"), or order, in lawful money of the United States of Amerka, the principal amount of One Million & 00/100
Dollars fS1,000,000.00), together with interest on the unpaid principal balance from November 30, 2007, until paid in full.
PAYMENT. Borrower wll pay this loan in one principal payment of 51,000,000.00 plus interest on November 30, 2009. This payment due on
November 30, 2009, wi8 be for all principal and all accrued interest not yet paid. In addit(on, Borrower wgl pay regular monthly payments of all
accrued unpaid interest due as of each payment date, beginning December 30, 2007, wfth aq subsequent interest payments to be due on the
same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be app5ed first to any accrued unpaid
interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed
on a 365/360 basis; that is, by applying the ratio of tfie annual interest rate over a year of 360 days, mukiplied by the outstanding principal
balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown
above or at such other place as Lender may designate in writing.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index
which is the Prime Rate as published in the Money Rate Section of the Walf Street Journal (the "Index"). The Index is not necessarily the lowest
rate charged by tender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after
notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more
often than each daily. Borrower urxlerstands that Lender may make loans based on other rates as well. The Index currently is 7.500% per
annum. The interest rate to be applied to the unpaid principal balance during this Note wilt be at a rate equal to the Index, resulting in an initial
rate of 7.500% per annum. NOTICE: Under no circumstances will the interest rate on this Note be_ more than the maximum rate allowed by
applicable law.
PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be
subject to refund upon early payment (whether voluntary or as a result of defauft), except as otherwise required by taw. Except for the
foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed
to by Lender in writing, relieve Borrower of Borrower's obligation to continue~to make payments under the payment schedule. Rather, early
payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or
similar language. If Borrower sends such a payment, Lender may accept it without losing any of tender's rights under this Note, and Borrower
will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check
or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other
conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A.,
LOAN SERVICING, PO BOX 4999 HARRISBURG, PA 17111-0999.
LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by
adding a 4.000 percentage point margin ("Default Rate Margin"}. The Default Rate Margin shall also apply to each succeeding interest rate
change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue
after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum
interest rate limitations under applicable law.
DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in
any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement
between Lender and Borrower.
Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or
sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or
Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents.
Environmental Defauk. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in
any environmental agreement executed in connection with any loan.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this
Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false
or misleading at any time thereafter.
Death or Insolvency. The death of Borrower or the dissolution or termination of Borrow.er's existence as a going business, the insolvency
of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of
creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,• whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any ggvernmental agQngy against any collateral securing the loan.
This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall
not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or
forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or
a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole. discretion, as being an adequate
reserve or bond for the dispute.
PROMISSORY NOTE
(Continued) Page 2
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its
option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Note is impaired.
Insecurity. Lender in good faith believes itself insecure.
Cure Provis~ns. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the
same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from
Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15)
days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay
Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses,
whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedir?gs (including efforts to modify or
vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to
all other sums provided by law.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of
the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the
Commonweakh of Pennsylvania.
RIGHT OF SETOFF. To the extent permitted by applicable taw, Lender reserves a right of setoff in all Borrower's accounts w)th Lender (whether
checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower 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. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any
and all such accounts.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein:
IA) a Mortgage dated November 30, 2007, to Lender on real property described as 'Real Property located at Lot #2 Airport Road,
Shippensburg Township, PA' and located in Cumberland County, Commonwealth of Pennsylvania.
IB) a Mortgage to Lender on real property described as "Real Property located at Lot # 3 Walnut Bottom Road, Shippensburg Township,
PA" and located in Cumberland County County, Commonwealth of Pennsylvania.
OPTION TO DECLARE LOAN DUE. Ahhough the repayment of the loan evidenced by this instrument has been designed as if it were to extend
for the term estabBshed in the "Payment" section, hereinabove outlined, Borrower understands that Lender expressly reserves the right and
option, exercisable at its discretion, to declare the entire unpaid principal balance under this Promissory Note together with all interest which
shall have accrued thereon to be due and payable on the fifth (5th) anniversary of the date of this Promissory Note and on each succeeding Five
(51 year anniversary of that date during the term hereof, hereinafter referred to as "Loan Call Date". In the event that Lender desires to exercise
its option to declare the Loan due, it shall deliver written notice thereof by regular first class mail to Borrower's last known address 90 days
prior to the Loan Catl Oate. In the event that Lender desires to exercise its option to declare the Loan due, )t shall deliver wrrtten notice thereof
by hand delivery, nationally recognized overnight courier or regular first class mail to Borrower's last known address at least 90 days prior to the
Loan Call Date. Borrower shall, on or before the Loan Call Date immediately following such notice, repay the entire principal balance due under
the Promissory Note together with all unpaid interest which shall have accrued thereon as well as any other sums which may then be due under
the Promissory Note or any other document constituting a part of the within loan transaction. Notice provided by first class mail to Borrower's
last known address shall be deemed to have been delivered when deposited in the mail.
POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third party(ies) involved in the loan
transaction to execute and/or re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or
instrument signed in connection with the Loan which was incorrectly drafted and/or signed, as well as any document or instrument which
should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any
written request by Lender within ten (10) days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option
of Lender, upon notice to Borrower, constitute an event of default under the Loan.
COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the terms and conditions in the
commitment letter issued by Lender to Borrower on or about November 5, 2007. Upon breach of any term of condition therein Lender shall
have the right to declare this loan in default and demand payment in full of the principal balance remaining unpaid, together with alf interest,
which shall have accrued thereon. .
INTEREST RESERVE. Borrower authorizes Lender to place S150,000.00 of the Principal Amount as an interest reserve, which is an estimate of
the interest due on the Note ("Interest Reserve'). All interest payments shall be paid from the Interest Reserve. Lender may automatically deduct
accrued unpaid interest from the Interest Reserve. In the event the interest due under this Note exceeds the Interest Reserve, Borrower will pay
accrued interest when due according to the terms of this Note. Upon maturity, Lender will not advance or disburse the remaining Interest
Reserve, if any, to Borrower. The principal due upon maturity will not include any remaining Interest Reserve.
LETTERS OF CREDIT 1627. Borrower Acknowledges the Loan is to support Letter of Credit #1627 issued to Shippensburg Township. Should
Shippensburg Township draw upon the Letter of Credit, the Loan will be funded to cover the payment made to the Township, and Borrower will
be responsible for all payments on the Line of Credit.
LETTER OF CREDIT. Borrower Acknowledges the Line of Credit is to support Leiter of Credit # 1684 issued to Commonwealth of Pennsylvania
Department of Transportation Engineering District Permit Office. Should Commonwealth of Pennsylvania Department of Transportation
Engineering District Permit Office draw upon the Letter of Credit, the Line of Credit will be funded to cover the payment made to the
Commonwealth of Pennsylvania Department of Transportation Engineering District Permit Office, and Borrower will be responsible for all
payments on the Line of Credit.
SUCCESSOR INTERESTS. The terms of Note shall be binding upon Borrower, and upc ~ orrower's heirs, personal representatives,
successors and assigns, and shall inure to the oenefit of Lender and its successors and assigns.
r' ~ PROMISSORY NOTE
- f (Continued) Page 3
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we repgrt any inaccurate
information about your account(s).to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to
us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111.
GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the.rest of the Note. Lender may delay or forgo
enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice
to Borrower, Lender may with respect to any other Borrower (al make one or more additional secured or unsecured loans or otherwise extend
additional credit; (b) aher, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms
of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate,
fail or decide not to perfect, and release any security; with or without the substitution of new collateral; (d) apply such security and direct the
order or manner of sale thereof, including without limitation, any non judicial sale permitted by the terms of the controlling security agreements,
as Lender in its discretion may determine; (e) 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; and (f) determine how, when and what application of
payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs,
guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any
change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for
any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in
the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree
that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The
obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect
the enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER 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 BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILEp, CONFESS OR ENTER JUDGMENT
AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND
ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, 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 (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR
MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL
BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE
EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME ANp AT ALL TIMES UNTIL PAYMENT IN
FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER 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 BORROWER'S ATTENTION OR BORROWER HAS BEEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE
VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN DER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUM A ORDING TO LAW.
BORROWER:
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Tod G. Shedbsky Lisa T. Shedlosky
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DISCLO~. JRE FOR CONFESSION OF J: ~GMENT
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References in the boxes above 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: Tod G. Shedlosky Lender: COMMERCE BANK/HARRISBURG N.A.
Usa T. Shedlosky LOAN SERVICING
6346 North Powderhorn Road 3801 PAXTON STREET
Mechanicsburg, PA 17050 HARRISBURG, PA 17111
(888) 937-0004
Declarant: Tod G. Shedlosky
6346 North Powderhorn Road
Mechanicsburg, PA 17050
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS ~ DAY OF 1 VO~C.Y1' 1 YJ~1r 20~ A PROMISSORY NOTE FOR $1,000,000.00
OBLIGATING ME TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE OTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
~GAINST ME -_,.•1FESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
6. I FURTHER DERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY
~,ANNER PERM :BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, 1 REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED IN UMENT ACCORDING TO LAW.
DECLARANT:
aSeaq
Tod G. Shedbsky
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DISCL~~ JRE FOR CONFESSION OF J`, 1GMENT
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References in the boxes above 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: Tod G. Shedlosky Lender: COMMERCE BANK/HARRISBURG N.A.
Lisa T. Shedbsky LOAN SERVICING
6346 North Powderhom Road 3801 PAXTON STREET
Mechanicsburg, PA 17050 HARRISBURG, PA 17111
1888) 937-0004
Declarant: Lisa T. Shsdlosky
6346 North Powderhom Road
Mechanicsburg, PA 17050
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS __y~~AY OF ` ~1 O Y C.~ 20~ A PROMISSORY NOTE FOR $1,000,000.00
OBLIGATING ME TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR-OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME BY.CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
o r~:.... t,.
INITIALS: :'s>;rz i =air:
B. i FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAMS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SE121NG MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND i EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY
MANNER PERMITTED •BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS: S`>>a' e:r::r•~ ~~r'??i•':`~i•:?:::
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, I REPRESENT THAT:
INITIALS
p / ~ 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
IS~Y 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT i RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
DECLARANT:
X ~ a . <lSeal)
Lisa T. Shedbsky
tA6E" PRO l.w.WnO, Vsr. 4.i6.00.OM Cep. Ms6~W FlnsnaNl 6sMrtisns. Mw. 1N1, 200'). AN 11I91iM bs~M. • PA N.\WINM?6LLPM1N1CF11tPl\OOO.K 11436267 PR-19
NOTE MODIFICATION AGREEMENT
THIS NOTE MODIFICATION AGREEMENT (this "Agreement") is made and
executed this 28th day of July, 201 1, by and between Tod G. and Lisa T. Shedlosky, adult
married individuals last known residing at 6346 North Powderhorn Road,
Mechanicsburg, Pennsylvania 17050 (the "Debtors"); and Metro Bank, a Pennsylvania
financial institution with an office located at 3801 Paxton Street, Harrisburg,
Pennsylvania 17111 (the "Bank") who agree as follows:
Bac ound
A. Debtors are indebted to the Bank in the amount of $1,083,673.50 as of
January 19, 2011 (along with interest accruing at the current per diem rate of $191.3 3
from 3anuary 20, 2011 until paid in full) pursuant to a loan dated November 5, 2007 in
the original principal amount of $1,000,000.00 (the "Commercial Loan").
B. Debtors and the Bank agree to modify the note (the "Note") for the
Commercial Loan to reflect (i) the fact the Commercial Loan shall mature on July 30,
2012, and (ii) that during the period beginning on the date hereof and continuing through
and including July 30, 2012, the base interest rate for the Note shall be fixed at 6.5% per
annum.
Agreement
In consideration of the above background, and for other good and valuable
consideration, the receipt and sufficiency of which is acknowledged, and intending to be
legally bound, the parties waive any notice that may be required and covenant and agree
as follows:
1. The maturity date for the Note shall be July 30, 2012, the base interest rate
for the Note shall be fixed at 6.5%, and all remaining terms, conditions, and covenants of
the Note (including the default rate, which shall continue to be the base interest rate plus
4.0%) shall remain in full force and effect and Debtors hereby ratifies and confirms all
such terms, covenants, and conditions.
2. Debtors and the Bank agree that absent a monetary or non-monetary
default under a Forbearance Agreement and Release executed on July 28, 2011 by and
between the Debtors and the Bank or anon-monetary default under the note and/or
.mortgage in connection with the Commercial Loan, the Bank shall forbear from
exercising all available rights and remedies in connection with the enforcement and
collection of the Commercial ,Loan until on or after July 30, 2012.
The parties to this Agreement have caused their signatures, or have caused the
signatures of their duly authorized representatives, to be^ set forth below as of the day and
year first above written.
Bank:
METRO BANK
David M Chajkowski,
Assistant Vice President
Debtors:
Tod .She osky
J
Lisa T. Shedlos
Execution Version
FORBEARANCE AGREEMENT AND RELEASE
THIS FORBEARANCE AGREEMENT AND RELEASE (this "Agreement") is made
and executed this 28th day of July, 2011 (the "Effective Date"), by and between Tod G. and Lisa
T. Shedlosky, adult married individuals last known residing at 634b North Powderhorn Road,
Mechanicsburg, Pennsylvania 17050 (the "Debtors"); and Metro Bank, a Pennsylvania financial
institution with an office located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111 (the
"Bank") who agree as follows:
Background
A. Debtors are indebted to the Bank in the amount of $1,083,673.50 as of January 19,
2011 (along with interest accruing at the current per diem rate of $191.33 from January 20, 201 l
until paid in full) pursuant to a loan dated November 5, 2007 in the original principal amount of
$1,000,000.00 (the "Commercial Loan").
B. Bank confessed judgment under the Commercial Loan against the Debtors on
January 20, 2011 in the Court of Common Pleas of Cumberland County Pennsylvania docketed
at case number 2011-530 (the "Action").
C. Debtors have requested that the Bank to forbear from immediately pursuing the
Bank's rights and remedies against the Debtors, which the Bank is willing to do, but only in
accordance with and subject to the terms and conditions of this Agreement.
Agreement
Inconsideration of the above background, and for other good and valuable consideration,
the receipt and sufficiency of which is acknowledged, and intending to be legally bound, the
parties waive any notice that may be required and covenant and agree as follows:
1. Incorporation of Background. The Bank and the Debtors (the "Parties")
acknowledge that the provisions set forth under the Background section above are true and accurate
and aze incorporated herein by reference as a part of this Agreement. Terms used herein without
definition shall have the meanings ascribed to such terms in promissory note evidencing the
Commercial Loan.
2. Forbearance.
2.1 Conditions Precedent to Forbearance. The Bank shall promptly release
and withdraw the Action upon completion of each of the following conditions to the reasonable
satisfaction of the Bank:
(a) execution and delivery of this Agreement;
(b) execution and delivery of that certain Loan Sale Agreement, of
even date herewith, by and between the Bank as seller and CJSPT, Limited Partnership, a
Pennsylvania limited partnership, as buyer (the "Loan Sale Agreement");
(c) delivery of $621,734.14 by CJSPT, Limited Partnership to the
Bank under and pursuant to the Loan Sale Agreement;
(d) delivery of $253,265.86 by the Debtors to the Bank as part of the
consideration of this Agreement and for Metro Bank to release its lien involving the Commercial
Loan as part of the Loan Sale Agreement; and
(e) the completion of all other closing conditions under and pursuant
to the Loan Sale Agreement.
2.2 Continuous Requirements for Forbearance. In addition, the Bank shall
forbear from exercising and enforcing any rights or remedies in the Action provided the Debtors
do the following:
(a) timely make any and all payments due to the Bank pursuant to that
certain home equity loan made by the Bank to the Debtors on March 28, 2008 in the original
principal amount of S 100,000.00 (the "Home Equity Loan");
(b) continuously market the real property commonly known as Lot #2
Airport Road, Shippensburg Township, PA and Lot #3 Walnut Bottom Road, Shippensburg, PA
(together, the "Shippensburg Property's for sale with a professional broker that is reasonably
acceptable to the Bank; and
(c) submit each and every third-party offer to purchase the
Shippensburg Property to the Bank to review, and at the direction of the Bank, accept or reject
each such offer.
2.3 Credits by Bank. As part of the consideration for this Agreement, the
Bank agrees to provide the following credits to the Debtors toward the Commercial Loan and the
Home Equity Loan:
(a) $72,780.92 to bring the Commercial Loan current,
(b) $58,000.00 for a one year interest reserve on the Commercial Loan,
(c} $6,534.70 to bring the Home Equity Loan current, and
(d) $72,671.94 principal reduction of the Commercial Loan.
No interest reserve will be made for the Home Equity Loan and the Debtors must continue
making timely payments to the Bank under the Home Equity Loan.
2
3. Event of Default. The breach or failure of any representation, warranty, covenant
or agreement set forth in this Agreement shall constitute an "Event of Default"; provided, that (a)
the Debtors shall have thirty (30) days after notice is provided by the Bank to cure any
nonmonetary breach or failure prior to the Bank declaring an Event of Default (provided that
such cure period shall only be granted to the Debtors once per calendar year), and (b) Debtors
shall be given a ten (10) grace period for any monetary breach or failure prior to the Bank
declaring an Event of Default.
4. Further Assurances. Each of the Debtors agrees to execute and deliver to Bank
such other and further documents as may, from time to time, be reasonably requested by Bank to
execute, administer, confirm, perfect or enforce the terms and conditions of this Agreement.
5. Enforceability. This Agreement shall inure to the benefit of and be enforceable
against each of the Parties and their respective heirs, personal representatives, successors and
assigns.
6. Choice of Law;,Consent to Jurisdiction: Agreement as to Venue, This
Agreement shall be construed, performed and enforced and its validity and enforceability
determined in accordance with the laws of the Commonwealth of Pennsylvania (excluding its
conflict of laws principles). Each of the Debtors consents to the jurisdiction of the courts of the
Commonwealth of Pennsylvania. Each of the Debtors waives any right to object to the
maintenance of a suit in the courts of the Commonwealth of Pennsylvania on the basis of
improper venue or inconvenience of forum.
7. Amendment. This Agreement may be amended only by a writing executed by all
of the Parties.
8. No Implied Waivers. No failure or delay by Bank in the exercise or enforcement
of any of its rights under the Forbeazance Agreement shall be a waiver of such right or remedy
nor shall a single or partial exercise or enforcement thereof preclude any other or further exercise
or enforcement thereof or the exercise or enforcement of any other right or remedy. Bank may at
any time or from time to time waive all or any rights under this Agreement, but any such waiver
must be specific and in writing and no such waiver shall constitute, unless specifically so
expressed by Bank in writing, a future waiver of performance or exact perfonmance by the
Debtors. No notice to or demand upon either Debtor in any instance shall entitle either Debtor to
any other or further notice or demand in the same, similar or other circumstance.
9. Obligations Unconditional. The obligations of the obligors set forth in this
Agreement are absolute and unconditional, and aze independent of any defense or rights of set-
off, recoupment or counterclaim which either of the Debtors might have against the Bank.
10. RELEASE. IN ORDER TO INDUCE THE BANK TO ENTER INTO THIS
AGREEMENT, EACH OF THE DEBTORS FOREVER RELEASES AND DISCHARGES
3
THE BANK AND THE BANK'S OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, ATTORNEYS, AND AGENTS (COLLECTIVELY, THE "RELEASED
PARTIES") FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, SUITS AND
DAMAGES (INCLUDING CLAIMS FOR ATTORNEYS' FEES AND COSTS) WHICH
EITHER OF THE DEBTORS, JOINTLY OR SEVERALLY, EVER HAD OR MAY NOW
HAVE AGAINST ANY OF THE RELEASED PARTIES ARISING OUT OF OR
RELATED IN ANY WAY TO THE COMMERCIAL LOAN, THE HOME EQUITY
LOAN, ANY DOCUMENTS RELATING TO THE COMMERCIAL LOAN OR THE
HOME EQUITY LOAN (THE "LOAN DOCUMENTS"), THIS AGREEMENT, OR THE
COLLATERAL FOR THE COMMERCIAL LOAN OR THE HOME EQUITY LOAN
OR THE ADMINISTRATION THEREOF, WHETHER KNOWN OR UNKNOWN,
INCLUDING BUT NOT LIMITED TO ANY AND ALL CLAIMS BASED UPON OR
RELYING ON ANY ALLEGATIONS OR ASSERTIONS OF DURESS, ILLEGALITY,
UNCONSCIONABILITY, BAD FAITH, BREACH OF CONTRACT, REGULATORY
VIOLATIONS, NEGLIGENCE, MISCONDUCT, OR ANY OTHER TORT, CONTRACT
OR REGULATORY CLAIM OF ANY KIND OR NATURE. THIS RELEASE IS
INTENDED TO BE FINAL AND IRREVOCABLE AND IS NOT SUBJECT TO THE
SATISFACTION OF ANY CONDITIONS OF ANY KIND.
THE DEBTORS FURTHER RELEASE AND WAIVE ANY RIGHT TO CHALLENGE
THE ACTION, THE HOME EQUITY LOAN AND/OR THE COMMERCIAL LOAN.
11. Waiver of Jury Trial. Each of the Parties agrees that any suit, action, or
proceeding, whether claim or counterclaim, brought or instituted by any Party, or any successor
or assign of any Party, on or with respect to this Agreement, the Commercial Loan, the Home
Equity Loan (or the administration thereof), or any of the other Loan Documents, or which in any
way relates, directly or indirectly, to the obligations of any Party to any other Party, or the
dealings of the Parties with respect thereto, shall be tried by a court and not by a jury. EACH OF
THE PARTIES HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN
ANY SUCH SUIT, ACTION, OR PROCEEDING.
THE DEB~'ORS FURTHER ACKNOWLEDGE THEY HAVE CONSULTED WITH. OR
HAD AN OPPORTUNITY TO CONSULT WITH. COUNSEL REGARDING THIS
AGREEMENT AND THAT THEY FULLY UNDERSTAND ITS TERMSi CONTENT
AND EFFF~T. AND THAT SUCH DEBTOR VOLUNTARILY AND KNOWINGLY
AGREES TO THE TERMS OF THIS AGREEMENT.
12. Waivers. The Bank may at any time or from time to time waive all or any of its
rights under this Agreement or the Loan Documents, but any such waiver or indulgence by the
Bank shall not constitute, unless specifically so expressed by the Bank in writing, a future waiver
of performance or exact performance by the Debtors.
13. Invalidi . If any term, provision or condition, or any part thereof, of this
Agreement or the Loan Documents as modified by this Agreement, shall for any reason be found
4
or held invalid or unenforceable by any court or governmental agency of competent jurisdiction,
such invalidity or unenforceability shall not affect the remainder of such term, provision or
condition or any other term, provision or condition, and this Agreement and the Loan Documents
as modified by this Agreement shall survive and be construed as if such invalid or unenforceable
term, provision or condition had not been contained therein.
14. Counterparts. This Agreement may be executed and delivered in two or more
counterpart copies. Executed counterparts of this Agreement may be delivered via facsimile
and/or email transmission, which shall be deemed to be an original for all purposes.
15. Interpretation. The Parties declare and represent that they have knowingly and
voluntarily entered into this Agreement and that they have: (i) relied and are relying solely
their own judgment, belief, and knowledge of the legal nature, extent, effects, and
consequences of the matters herein mentioned; (ii) in executing this Agreement the Parties are
not relying upon any statement or representation not contained herein; and (iii) no promise,
inducement or agreement not herein expressed has been made by the other Party. The Parties
further agree that the language of all parts of this Agreement shall in all cases be construed as a
whole, according to the fair meaning, and not strictly for or against any Party.
16. Confession of Judgment. The Debtors grant the Bank the right to confess
judgment against the Debtors upon Event of Defautt for all sums due and owing under the
Commercial Loan, the Loan Documents and this Agreement. Upon the occurrence of an
Event of Default, the Debtors irrevocably authorize aad empower any attorney admitted to
practice before any court of record in the United States to appear on behalf of any or all of
the Debtors in any such court, in one or more proceedings, or before any clerk thereof, and
to confess judgment against any or all of the Debtors, without prior notice or opportunity
for prior hearing, in favor of the Bank, for the full amount then owed to the Bank under
the Commercial Loan and this Agreement, plus an attorneys' fee commission to ten (10%)
percent of said amounts, plus court costs. The Debtors waive and release atl errors, defects,
and imperfections whatsoever in the entry of said judgment(s) and hereby agree that no
writ of error or objection or motion or rule to open or strike said judgment(s) or appeal
shall be made or taken thereto. The Debtors also waive any right to notice or a hearing
prior to the entry of said judgments and further waive the benefit of any and every statute,
ordinance, or rule of court which may be lawfully waived conferring upon the Debtors any
right or privilege of exemption including, but not limited to, any homestead exemption, stay
of ezecution, or supplementary proceedings, or other relief from the enforcement or
immediate enforcement of a judgment or related proceedings on a judgment. The authority
and power to appear for and enter judgment(s) against the Debtors pursuant to the
authority granted herein shall not be exhausted by one or more exercises thereof, or by any
imperfect exercise thereof, and shalt not be extinguished by any judgment(s) entered
pursuant thereto; such authority and power may be exercised on one or more occasions
from time to time, in the same or different jurisdictions, as often as the Bank may deem
necessary or advisable. Any judgment(s) entered in favor of the Bank against any of the
Debtors, whether by confession or otherwise, shall bear interest at the rate which is the
5
highest rate of interest being paid by the Debtors under the Commercial Loan on the date
of judgment.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
6
The parties to this Forbearance Agreement and Release have caused their signatures, or
have caused the signatures of their duly authorized representatives, to be set forth below as of the
day and year first above written.
Bank
METRO BA
By:
David M Chajkowski,
Assistant Vice President
Debtors:
Tod G. Shedlosky
Lisa T. Shedlosky
7
The parties to this Forbearance Agreement and Release have caused their signatures, or
have caused the signatures of their duly authorized representatives, to be set forth below as of the
day and year first above written.
Bank:
METRO BANK
By:
David M Chajkowski,
Assistant Vice President
Debtors:
Tod G. Sh sky
o
Lisa T. Shedlosky
7
METRO BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. ~
TOD G. SHEDLOSKY and
LISA T. SHEDLOSKY C
~ ~ ~
Defendants :CIVIL ACTION -LAW ~
~
CERTIFICATE OF RESIDENCE p. f., ~ ~
2
~ ~ d,~"'
I, Clayton W. Davidson, certify that the address for the Defendants is:
-.c
6346 North Powderhorn Road
Mechanicsburg, PA 17050
I further certify the address for the Plaintiff is 3801 Paxton Street, Harrisburg, PA 17111.
McNEES WALLACE & NURICK LLC
Date: August 28, 2012 By
Clayton W. avidson
PA Attorney I.D. No. 79139
McNees Wallace & Nurick LLC
100 Pine Street - P.O. Bax 1166
Harrisburg, PA 17108-1166
(717) 260-1678 (Direct Fax)
(717) 232-8000 (Phone)
cdavidson~a,mwn.com
Attorneys for Plaintiff, Metro Bank
METRO BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
TOD G. SHEDLOSKY and
LISA T. SHEDLOSKY,
Defendants :CIVIL ACTION -LAW
NOTICE UNDER PA.R.C.P. N0.2958.1 OF JUDGMENT
AND EXECUTION THEREON
TO: Tod G. Shedlosky Lisa T. Shedlosky
6346 Powderhorn Road 6346 Powderhorn Road
Mechanicsburg, PA 17050 Mechanicsburg, PA 17050
A judgment in the amount of $1,013,496.94 has been entered against you and in favor of
Metro Bank, in the above captioned case without any prior notice or hearing based on a
confession of judgment contained in a written agreement or other paper allegedly signed by you.
The sheriff may take your money or other property to pay the judgment at any time after thirty
(30) days after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108
McNEES WALLACE & NURICK LLC
4
Date: August 28, 2012 By:
Clayton W. avidson
Attorney I.D. 79139
100 Pine Street-P.O. Box 1166
Harrisburg, PA 17108-1166
Direct Fax: 717-260-1678
Phone: 717-232-8000
cdavidson(a,mwn. com
Attorneys for Plaintiff, Metro Bank
METRO BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
r."' .
TOD G. SHEDLOSKY and ~ ~
LISA T. SHEDLOSKY,
-tom cs
Defendants :CIVIL ACTION -LAW
~
A ~ r^.
AFFIDAVIT OF NON-1VIILITARY SERVICE pz o ~r,~
~ ~
The undersigned, being duly sworn according to law, deposes and says to the bust ot~'iis
information, knowledge and belief that Tod G. and Lisa T. Shedlosky are not in the Military or
Naval Service of the United States or its Allies, or otherwise within the provisions of the
Servicemembers Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50
U.S.C. App. 501, et seq. Tod G. and Lisa T. Shedlosky are over eighteen (18) years of age and
were last known residing at 6346 North Powderhorn Road, Mechanicsburg, Pennsylvania,
17050.
Clayton W. D vidson
SWORN ands before me thiday
of 012.
"Public
My Commission Expires
(SEAL) ? ~
Ellar? M. Pul~~ Nck~N
Gly d m
~ .1, 2014
METRO BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, (PENNSYLVANIA
v. NO. ~ o'~- ~'I ~ ~ ~ ~ le
TOD G. SHEDLOSKY and
LISA T. SHEDLOSKY, .
Defendants :CIVIL ACTION -LAW
NOTICE OF ENTRY OF JUDGMENT
TO: Tod G. Shedlosky Lisa T. Shedlosky
6346 North Powderhorn Road 6346 North Powderhorn Road
Mechanicsburg, PA 17050 Mechanicsburg, PA 17050
You are hereby notified that on August ~ 2012, a judgment by confession was entered
against each of you in the above-captioned case in favor of Metro Bank as follows:
Principal: $ 877,368.82
Accrued Interest: $ 4,098.17
Late Fees $ 43,883.25
Attorney's Fees (10% commission): $ 88,146.70
Total: $1,013,496.94*
*along with interest accruing at the current per diem rate of $158.41 from
August 22, 2012 until paid in full.
DATE: ~ ~ ~ ~
PROTHONOTARY
METRO BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012-5410
TOD G. SHEDLOSKY and
LISA T. SHEDLOSKY,
Defendants : CIVIL ACTION - LAW C=
PRAECIPE TO DISCONTINUE WITH PREJUDICE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: N x
Ln
Please discontinue and satisfy the above captioned action WITH prejudice.
McNEES WALLACE &NURICK LLC
Date: March 25, 2013 By:
Clayton Nf Davidson
Attorney I.D. 79139
100 Pine Street- P.O. Box 1166
Harrisburg, PA 17108-1166
Direct Fax: 717-260-1678
Phone: 717-232-8000
cdavidson(2mwn.com
Attorneys for Metro Bank
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff F t as �,�
a��to et Eat br l$� a t Ro r f.±,hv
Jody S Smith ,�
Chief Deputy Ol t p 1 -z � � 35
Richard W Stewart ,t CUMBERLAND
Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA
Metro Bank
Case Number
vs.
Lisa T. Shedlosky(et al.) 2012-5410
SHERIFF'S RETURN OF SERVICE
01/03/2013 10:48 AM-Deputy Ronald Hoover, being duty sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and$ale Handbill in the
above titled action, upon the property located at Lot No. 2 Airport Road, Shippensburg, PA 17257,
Cumberland County.
01/03/2013 10:57 AM-Deputy Ronald Hoover, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at Lot No. 3 Airport Road,Shippensburg, PA 17257,
Cumberland County.
01/07/2013 04:20 PM-Deputy Noah Cline, being duly swom according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be TOD G. SHEDLOSKY
(HUSBAND),who accepted as"Adult Person in Charge"for Lisa T. Shedlosky at 6346 N. Powderhorn
Road, Hampden Township, Mechanicsburg, PA 17055, Cumberland County.
01/07/2013 04:20 PM-Deputy Noah Cline,being duly swom according to law,served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant,to wit:Tod
G. Shedlosky at 6346 N. Powderhorn Road, Hampden Township, Mechanicsburg, PA 17055,
Cumberland County.
03/04/2013 As directed by Clayton W. Davidson,Attorney for the Plaintiff,Sheriff's Sale Continued to 4/3/2013
03/19/2013 Ronny R Anderson, Sheriff, being duly swom according to law, states that this writ is returned"stayed",
per letter of instruction from Attorney.
SHERIFF COST: $9,490.81 SO ANSWERS,
March 28, 2013 RON R ANDERSON, SHERIFF
,so -,p
(e)Gaunty5uite 5hertfi,TeteosoH,lnc.
METRO BANK., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLWg
V. : NO. 2012-5410 rn r"
TOD G. SHEDLOSKY and
LISA T. SHEDLOSK.Y,
Defendants : CIVIL ACTION-LAW :Z ,
AU
IDAVIT PURSUANT .1
Metro Bank,Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ
of Execution was filed, the following information concerning the real property consisting of two
(2) tracts of land together with the buildings and improvements erected thereon located in
Shippensburg Township, Cumberland County, Pennsylvania, known and numbered Lot No. 2
Airport Road, Shippensburg Township, Cumberland County, Pennsylvania, Parcel No. 36-12-
0320-051 and Lot No. 3 Walnut Bottom Road, Shippensburg Township, Cumberland County,
Pennsylvania, Parcel No. 36-12-0320052. A copy of the property descriptions are attached
hereto as Exhibit"A"and Exhibit"B"respectively.
1. Name and address of owners:
Tod G. Shedlosky Lisa T. Shedlosky
6346 Powderhorn Road, 6346 Powderhorn Road,
Mechanicsburg,PA 17050 Mechanicsburg,PA 17050
2. Name and address of defendants in the judgment herein:
Tod G. Shedlosky Lisa T. Shedlosky
6346 Powderhorn Road, 6346 Powderhorn Road,
Mechanicsburg,PA 17050 Mechanicsburg,PA 17050
3. Name and address of every judgment creditor (other than Plaintiff herein) whose
judgment is a record lien on the real property to be sold:
MBNA America Bank,NA Credit One,LLC
655 Paper Mill Road 361918'Street
Mailstop 14111 Metairie,LA 70002
Williamton,DE 19884-14111
4. Name and address of the last recorded holder(other than the Plaintiff herein)of every
mortgage of record:None
5. Name and address of every other person who has any record lien on the property:
None
5. 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 may be affected by the sale:
Cumberland County Office of Cumberland County Tax
Domestic Relations Claim Bureau
13 North Hanover Street 1 Courthouse Square
Carlisle,PA 17013-3014 Old Courthouse
Carlisle,PA 17013
Wolpoof&Abramson,LLP William T. Molczan
Attorneys for MBNA America Weltman, Weinberg&Reis Co.,L.P.A
Bank,NA Attorneys for Credit One, LLC
4650 Trindle Road,3"d Floor 2718 Koppers Buliding
Camp Hill,PA 17011 436 Seventh Avenue
Pittsburg,PA 15219
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. § 4904 relating to unworn falsification to
authorities.
McNEES WALLACE&NURICK LLC
Date: December 3,2012 By:
Clayton W. DdAdson
Attorney I.D. 79139
100 Pine Street-P.O.Box 1166
Harrisburg,PA 17108-1166
Direct Fax: 717-260-1678
k Phone: 717-232-8000
cdavidson(a rawn.com
Attorneys for Plaintiff,Metro Bank
METRO BAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2012-5410
TOD G. SHEDLOSKY and
LISA T. SHEDLOSKY,
Defendants : CIVIL ACTION-LAW
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
To: Tod G. Shedlosky Lisa T. Shedlosky
6346 Powderhorn Road, 6346 Powderhorn Road,
Mechanicsburg,PA 17050 Mechanicsburg,PA 17050
MBNA America Bank,NA Credit One,LLC
655 Paper Mill Road 3619 18"Street
Mailstop 14111 Metairie,LA 70002
Williamton, DE 19884-14111
Wolpoof&Abramson, LLP William T. Molczan
Attorneys for MBNA America Bank, Weltrnan,Weinberg&Reis Co.,L.P.A
NA Attorneys for Credit One, LLC
4660 Trindle Road, 3"d Floor 2718 Koppers Buliding
Camp Hill, PA 17011 436 Seventh Avenue
Pittsburg,PA 15219
Cumberland County Office of Cumberland County Tax
Domestic Relations Claim Bureau
13 North Hanover Street 1 Courthouse Square
Carlisle,PA 17013-3014 Old Courthouse
Carlisle,PA 17013 r-
TAKE NOTICE:
zM v
That the Sheriffs Sale of Real Property(real estate)will be held: -<y
CD
DATE: Wednesday,March 6,2013
xcn r-)
TIME: 10:00 AM _., cn
LOCATION: Cumberland County Courthouse
1 Courthouse Square
Carlisle,PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property,together with a brief mention
of the buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is: (2) tracts of land together with the
buildings and improvements erected thereon located in Shippensburg Township, Cumberland
County, Pennsylvania known as Lot No. 2 Airport Road, Shippensburg Township,, Cumberland
County, Pennsylvania,. Parcel No. 36-12-0320-051 and Lot No. 3 Walnut Bottom Road,
Shippensburg Township, Cumberland County, Pennsylvania, Parcel No. 36-12-0320-052. A
copy of the property descriptions are attached hereto as Exhibit"A"and Exhibit"B" respectively.
THE JUDGMENT under or pursuant to which your property is being sold is docketed in
the within Commonwealth and County to: Metro Bank v.Tod G. Shedlosky and Lisa T. Shedlosky,
No. 2012-5410,in the amount of$1,013,496.94,plus interest at a rate of$158.41 Awgust 22,2012,
through the date of payment, including on and after the date of entry of junent on the
Complaints, and costs, and for foreclosure and sale of the mortgaged properties until the Sheriffs
Sale.
THE NAME OF THE OWNERS OR REPUTED OWNERS of this property are: Tod
G. Shedlosky and Lisa T. Shedlosky.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the safe received and
to be disbursed by the Sheriff(for example,to banks that hold mortgages and municipalities that are
owed taxes)will be filed by the Sheriff of this County thirty(30)days after the sale and distribution
of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone
objects by filing exceptions to it within ten(10)days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the 'Sheriff of the
Court of Common Pleas of the within County at the Courthouse address specified herein.
THIS L&W IS A NOTICE OF THE TIME AND PLACE 91 3= SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE 1§A�[[[MgWNT AGAII' T YOU.
IT MX CaM OUR PROPERTY TO BE HELD.TO BE SO N TO
PAY THE JUDGMENT,
You may have legal rights to prevent your property from being taken away. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights,YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S.BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to
open the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware of a legal
defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of
the within County to set aside the sale for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFFS DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of the within County. The petition
must be served on the attorney for the creditor or on the creditor before presentation to the Court
and a proposed order or rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court
Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to
the Court.
A copy of the Writ of Execution is available from the County Prothonotary or Sheriff.
McNEES WALLACE&NURICK LLC
Date: December 3, 2012 By:
Clayton W. Davdson
PA Attorney I.D.No. 79139
McNees Wallace&Nurick LLC
100 Pine Street- P.O. Box 1166
Harrisburg,PA 17108-1166
(717)260-1678 (Direct Fax)
(717)232-8000(Phone)
cdavidson@mwn.com
Attorneys for Plaintiff,Metro Bank
y
EXHIBIT"A"
ALL THAT CERTAIN piece,par*or tract of land situated in MIJMMSdM ZMMd&Cumberland County,
Pennsylvania,heahag known as Lot No.2 on a Plan of Lots for TIL Shedtosky,dated 6 Ju MOS,and reeomded 4
April 2006,in tbs.Recorder of Deeds Office in Cumberland County, Pennsylvania,in 'Pan Book 92, Page 46,
being bounded and described as follows,to wit:
BEGIMMG at an iron pin set along the southern edge of Airport Road(T-M)and*keg leads am or farmeriy
of Leonhard R.Veil;thence extending from saki beginning point along(ands now or formerly of Leonard R.Heil,
Sowth forty-Ove(*9 degrees sixteen (16)minutes four("seconds Wook one hundred�t eke and thirty-
seven handredt�(139.37)feat to as Iran pin set at a saner of heads now or formerly of J A.and Chriwiae
L ManebwS ; thence extending along prior stated leads now or formerly of Jsffray A. and Christine E.
Mansberger sad creating a one bandred twenty(120)foot wide PA Electric Company RIOW&Wayi So"th forty-
On(,"degrees fortyatine(49)mshaates aineteen(19)ascends West,tour hundred sixty-tbms and,alo o es
huadredilts(4631.97),feet to an iron pis at a torso of Lot No.3 an share stated plea;dwaeele xt atdjegolong Let
Nat 3 sad alone lead*now or formerly of Naaapdeu IndrestrUl Development Authority,NoOlk tweenty4kree(23)
degrees arty-two(32)'minates fifty-sk(M)se ads West,four hundred ►o and twat -hoar hundredths
(45234)Beet to a Mag Nall(ad)at a corner of Lot Na,4 on above stated plan;theace irsteaOft alopg Lot No.4
the and recrossing prior Hated one hundred twenty(128) foot aide PA Electric Coen Right-or-WAY the
followinrg two M courses and diebtaces: 1)North eighty-alx($6)degrees fist ht(",sat fli!ty-sipht(5g)
seconds East,sixty-nine and nine handmiltas(6+9:09)ket to a drill be*sad,2)along a Sae,curving to the left
having a radfm of three hundred twelve and fifty hundredths(312."feet,an are length of efilliq re and
two hundredths(WJ1)feet.a chard bearing of North seventh-gal o(99)dageees two*—* a(24 aaautes
forq%* (48)secoa s flags,a dish aft of arty-one and alset en h (81:90 hd to a drill bole
along Let No.4 on above stated plas;them extending along Lot No.4 and Lot No.1,Noma seventy-see,(71)
degrees llfty-!loner (50 aalantes thirty-slot (38) secoado E s4 am hundred thirty-sevop and tweaty-alne
bundrodt he(137.M!tat to a drill bole along Lot No.1;thaace extending alone Lot No.1 the Bohr lriq We(5)
courses and dhMtssaaeasa 1) on a fine curving to the left having a radian of three buAdred twelve and f lty
hatawwalrrtdi4e� ) au arc hureith erf seventy-eeweet and fifl�siat 1are,dradNas(77.56}tact,a tiaar+�lflaearbag of
North s lhur(64)degree fenny-fight(48)urinates throe(03)sands Ile 4 a distance ei so*s sty and
tkkgr dx hundredths(773Q feet to a drill bola;2)North fhlty-seven(S7}degraan forty-one(41) twenty.
eight(M Mooads Zadp,roan and forte fire hundredths(91. feat to a drill he*3)os 0 On+anew%to nice
right having a roidla s of three hoadred twat"and fifty handro dis(3 2.311}feat,an arc lewilt aledtbir ly-,sigbt and
forty-seven iatndn0i le(38.47)feet,a chord bearing of North,fear(114 degrees also(4"as nnries fMst%oae
(51)secoadila Sark a distance of flirty-eight and forty-five buedreAlka(31,45x)feet to a dsa ho*4),marth fifty
(M ftrom thirty-aieht(30)a indes thirteen(13)seconds Rasa,three and trowety-tour his(340 het to a
drill heeia;and,5)eta a Use curving to the right having a radl as of IlMy and so handr debs 06^*64 an arc
length of thirly4b ee and twenty-efgM hundredths(33.28)heat,a e bord hearing of North degrM
twealy4lve flo aim"five(05)ascouds Zeal,a didao o of thirty-o"*ad sixty ha ndrFodthe 3o a drill
hole Haring Lot Ko. 6 of above stated pfasl thence extending ahaft Lot No.4 Sewth< tMv*. l*(34)4qpva
thirty ralwales feriy-silt(46)seamds lost,sae hundred fifly and seventy baadnAft(IOL7q)fad to a
point along literohabohn referred to Airport Road(l`-3dtt)q tboace extending alaq Airport Its"(VIM Sorb
thlrty4a 02)degrees eighteen(18)minutes thirty two(32)saeonds Rant,fifty-thaenr and twaat6two bandredths
(53.22)feet to an Iran pin,being the point and place of BEGINNING.
BEING PART OF the same premiss which Mickey W.Nye,*&M Mfekq Wade Nye,aAWt W.l isay Nye,WU
Wade Mk*Nye,J.flarelill Kaali sae,at&J.Harold Kealmse,and Frank C-Nye as Advai"rators C.T.A,
&We Co-fts"ton of the Estate of Frank B. Hollar, Jr., deceased, by Deed bearing do the 4th day of
November, 2805. and recorded in the Oflke of the Recorder of Deeds in and for Ca County,
Penasytva saha,an the 7th day of the November,2005,In Record Boors 371,Page 4224,granted and conveyed unto
Tod G.Shedlesky and Lira T.Sheedlesky,his wife. -
UNDER AND SUBJECT TO restrictions and conditions as now appear of record.
PARCEL#36-12.320.051
03/1012011 1o:16.'fla AM CUMBERLAND COUNTY lnst.ar 2W40640-Pape 11 of 12
r 1
ALL THAT CERTAIN piece,parcel,or tract of land situated in Shlrts:te h U
TAMMO&Cumberland County,Pennsylvania,being known as Lot No.3 on a Plats of
Lots for TIL Shedlosky,dated 6 June 2005,and recorded 4 April 2006,in the Recorder of
Deeds Off'=in Cumberland County,Pennsylvania,in Plan Book 92,Page 46,being
bounded and described as follows,to wit:
DFAMNNING at a iron pin set at a comer of Lot No. 2 and along lands now or formerly
Of John J.&Gladys Landis said beginning iron pin being measured the two(2)following
courses and distances from an iron pin set on the west side of Airport Road(T-380): 1)
South forty-five(45)degrees sixteen(16)minutes four(4)seconds West„one hundred
thirty-nine and thirty-seven hundredths(139.37)feet to an iron pin;and,2)Sit forty-
five(45)degrees forty-nine(49)minutes nineteen(19)seconds West,four hundred sixty-
three artd nutty-seven hundredths(463.97)feet to said beginning iron pin;thence
extending from said beginning iron pin and measured along lands now or formerly of
John J.&Gladys Landis the following two(3)mum and distances. 1)South forty-five
(45)dogrm forty-nine(49)minutes nineteen(19)seconds West,two hundred sixty and
eighty-throe hundredths(260.83)feet to an iron pin;2)South forty-five(45)degrees
thirty(30)minutes zero(00)seconds West„two hundred ninety-nine and eighty-nine
hundredths(299.89)feet to a comer Emcee post;and,3)North forty-two(42)degrees
fifty-nine(59)minutes thirty-five(35)seconds West,three hundred ninety-nine and
thirty-two hundredths(399.32)feet to an existing iron pin along lands now or formerly of
HaoWdm Industrial Development Authority,thence extent along said Hampden
Industrial Development Authority lands,North seventy-seven(77)degrees three(03)
minutes twenty-four(24)seconds East,six hundred sixty-eitgix and fifty-two hundredths
(668.52)Seat to point in line of Lot No.2(as shown on said plan);thence extending along
Lot No.2,South twenty-three(23)degrees thirty-two(32)minutes Wsix(56)seconds
East,fifty-four and thirty-eight hundredths(54.38)feet to the first mentioned iron pins and
place of BEGINNING.
BWG PART OF the same premises whith Mickey W.Nyo,Wa Mickey Wank Nye,
aWa W.Mickey Nye,a/k!a Wade Mickey Nye,J.Harold Katdl'rnaan,a/k/a J.Darold
Ksuf vkn,and Frank C.Nye as Administrators C.T.A.a/k/a Co-Executors of the Estate of
Frank E.Holler,Jr.,deceeased,by Deed bearing date the 4th day of November,2005,and
recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pcimsylvania,on the 7th day of November,2005,in Record Book 271,Page 4224,
granted and conveyed unto Tod G.Shedlosky and Lisa T. Sho losky,his wife.
UNDER AND SUBJECT TO restrictions and conditions as now appear of record.
PARCEL#36-12-0320-052
03/1012011 10:30:27 AM CUMBEN AND COUNTY InsL#=148mi-Pop 11 of 12
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEAL'T'H OF PENNSYLVANIA) iN'O 2012-5410 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due Metro Bank Plaintiff(s)
From Tod G.Shedlosky and Lisa T.Shedlosky
(1) You are directed to levy upon the property of the defendant(s)and to sell seel legal description .
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of
GARNISHEES)as follows:
and to notify the gamishee(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$1,013,496.94 L.L.$5.50
Interest from August 22,2012 $158.41 a day
Arty's Comm % Due Prothy $2.25
Atty Paid $77.00 Other Costs
Plaintiff Paid
Date-, 12/3/2012
David D.Buell,Prothonotary
(Seal) __
Deputy
REQUESTING PARTY:
Name : Clayton W.Davidson,Esq.
Address: McNees Wallace&Nurick LLC
100 Pine St.,P.O.Box 1166 TRUE COPY FROM RECORD
Harrisburg,PA 17108-1166 in Testimony wheraot i here unto set my hand
and the seat of said C y at Carlisle,Pa.
Attorney for: PLAINTIFF 201,9-
This __day of ..
Prothonotary
Telephone: 717-232-8000
Supreme Court ID No.79139 5�� !'
CY
On December 10, 2412 lw, �a :w
de at' f =: �
OMT PA,
income = . . i1.
Dom: D 0,
y �_
RAO
9E :1 ci >h- 330 I
CUMBERLAND LAW JOURNAL
Writ No.2019-5410 Civil plan;thence extending along Lot No.
4 the and recrossing prior stated
Metro Bank one hundred twenty(120)foot wide
PA Electric Company Right-of-Way
vs. the following two (2) courses and
Lisa T.Shediosky distances: 1) North eighty-six (86)'
Tod G. Shedlosky degrees fifty-eight(58)minutes My-
Atty.: Clayton W.Davidson eight (58) seconds East, sixty-nine
ALL THAT CERTAIN piece,parcel, and nine hundredths(69.09)feet to
or tract of land situated in Shnppens- a drill hole;and,2)along a line curv-
burg Township,Cumberland County, ing to the left having a radius of three
Pennsylvania,being known as Lot No. hundred twelve and fifty hundredths
2 on a Plan of Lots for T/L Shedlosky, (312.50)feet,an arc length of eighty-
dated 6 June 2005, and recorded 4 two and twenty-one hundredths
April 2006,in the Recorder of Deeds (82.21)feet,a chord bearing of North
office in Cumberland County,Penn- seventy-nine(79)degrees twenty-six
sytvania,in Plan Book 92,Page 46, (26)minutes forty-eight(48)seconds
being bounded and described as fol- East, a distance of eighty-one and
Iowa,to wit: ninety-seven hundredths (81.97)
BEGINNING at an iron pin set feet to a drill hole along Lot No.4 on
along the southern edge of Airport above stated plan;thence extending
Road(T-380)and along lands now or along Lot No.4 and Lot No. 1,North
formerly of Leonard R. Heil; thence seventy-one (71) degrees fifty-four
extending from said beginning Point (54)minutes thirty-eight(38)seconds
along lands now or formerly of Leon- East,one hundred thirty-seven and
and R.Heil, South forty-five(45)de- qty-nine hundredths(137.29)feat
grees sixteen(16)minutes four (04) to a drill hole along Lot No. 1;thence
seconds West, one hundred thirty- extending along Lot No. 1 the follow-
nine and thirty-seven hundredths i ng five(5)courses and distances: 1)
(139.37) feet to an iron pin set at a on a line curving to the left having
corner of lands now or formerly of Jef- a radius of three hundred twelve
frey A.and Christine E.Mansberger; and fifty hundredths (312.50) feet,
thence extending along prior stated an arc length of seventy-seven and
lands now or formerly of Jeffrey A. fifty-six hundredths (77.56) feet, a
and Christine E. Mansberger and chord bearing of North sixty-four
crossing a one hundred twenty(120) (64)degrees forty-eight(48)minutes
foot wide PA Electric Company Right- three (03) seconds East, a distance
of-Way,South forty-five(45)degrees of seventy-seven and thirty-six hun-
forty-nine(49)minutes nineteen(19) dredths(77.36)feet to a drill hole;2)
seconds West, four hundred sixty- North fifty-seven (57) degrees forty-
three and ninety-seven hundredths one (41) minutes twenty-eight (28)
(463.97) feet to an iron pin at a seconds East,ninety-one and forty-
comer of Lot No. 3 on above stated five hundredths(91.45)feet to a drill
plan;thence extending along Lot No. hole;3)on aline curving to the right
3 and along lands now or formerly having a radius of three hundred
of Hampden Industrial Development twelve and fifty hundredths(312.50)
Authority, North twenty-three (23) feet,an arc length of thirty-eight and
degrees thirty-two(32)minutes MY- forty-seven hundredths(38.47)feet,
six(56)seconds West,four hundred a chord bearing of North fifty-four
My-two and twenty-four hundredths (54) degrees nine(09)minutes fifty-
(452.24)feet to a Mag Nail(set)at a one(5 1) seconds East,a distance of
comer of Lot No. 4 on above stated thirty-eight and forty-five hundredths
97
CUMBERLAND LAW JOURNAL
(38.45) feet to a drill hole; 4) North
fifty (50) degrees thirty-eight (38)
minutes thirteen(13) seconds East,
three and twenty-four hundredths
(3.24)feet to a drill hole; and, 5) on
a line curving to the right having a
radius of thirty and no hundredths
(30.00)feet, an arc length of thirty-
three and twenty-eight hundredths
(33.28)feet,a chord bearing of North
eighty-two (82) degrees twenty-five
(25)minutes five(05) seeds East,
a distance of thirty-one and sixty
hundredths (31.60) feet to a drill
hole along Lot No.6 on above stated
plan;thence extending along Lot No.
6, South thirty-eight (38) degrees
thirty-five(35)minutes forty-six(46)
seconds East,one hundred fifty and
seventy hundredths(150.70)feet to
a point along hereinbefare referred to
Airport Road(T-380);thence extend-
ing along Airport Road(T-380),South
thirty-two(32)degrees eighteen(18)
minutes thirty-two (32) seconds
East, fifty-three and twenty-two
hundredths (53.22) feet to an iron
pin, being the point and place of
BEGINNING.
BEING PART OF the same prem-
ises which Mickey W. Nye, a/k/a
Mickey Wade Nye,a/k/a W.Mickey
Nye, a/k/a Wade Mickey Nye, J.
Harold Kauffman, a/k/a J. Harold
Kaufman, and Frank C. Nye as Ad-
ministrators C.T.A.,a/k/a Co-Exec-
utors of the Estate of Frank E.Hollar,
Jr., deceased,by Deed bearing date
the 4th day of November,2005,and
recorded in the Office of the Recorder
of Deeds in and for Cumberland
County, Pennsylvania, on the 7th
day of the November,2005,in Record
Book 271, Page 4224, granted and
conveyed unto Tod G.Shedlosky and
Lisa T. Shedlosky,his wife.
UNDER AND SUBJECT TO re-
strictions and conditions as now
appear of record. PARCEL #36-12-
320-051.
98
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587,approved May 16, 1929),P. L.1784
COMMONWEALTH OF PENNSYLVANIA
• ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne,Esquire,Editor of the Cumberland Law Journal,of the County and
State aforesaid,being duly sworn,according to law,deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952,and designated by the local courts as the official legal
periodical for the publication of all legal notices,and has,since January 2, 1952,been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
January 25,February 1,and February 8,2013
Affiant der deposes that he is authorized to verify this statement by the Cumberland
Law Journal,a legal periodical of general circulation,and that he is not interested in the subject
matter of the aforesaid notice or advertisement,and that all allegations in the foregoing
statements as to time,place and character of publication are true.
Urisa Marie Coy* ,Editor
SWORN TO AND SUBSCRIBER before me this
8 day of February.2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
2012-5410 C10Cv'.
Metro sanw \K
Lisa T.Shedlosky `
Tod G.Shedlosky 1 ;
Atty. Clayton W.Davidson rD )
ALL THAT CERTAIN piWce,parcel,or
tract of land situated in Shippensburg Cl
Township, Cumberland County, ti
Pennsylvania, being knov n as Lot No. o
2 on a Plan of Lots for PiI Shedlosky as
dated 6 June 2005,and recorded 4 April 'h
` 2006,in the Recorder of Deeds Office in
Cumberland County, Pennsylvania, in qt
Plan Book 92,Page 46,be;ng bounded and 13'
la described as follows,to wit: '1°
u� BEGINNING at an iron pin set along[a.
.A, the southern edge of Airport Road (T- L
6 380)and along lands now or formerly of'}
C Leonard R.Heil;thence extending from x
said beginning point along lands now or til
formerly of Leonard R.hell,South forty- z
five(45)degrees sixteen(16)minutes four
(04) seconds West, one hundred thirty- t
nine and thirty-seven hundredths(139.37)
feet to an iron pin set ai a comer of lands
now or formerly ofJeffreyA.and Christine
E. Mansberger; then, extending along
prior stated lands now or formerly of
Jeffrey A and Christine E. Mtnsberger 1
and crossing a one hundred twenty(120)
. foot wide PA Electric Company Right-of-
Way,South forty-five {45)degrees forty-
cu nine(49)minutes ninoteen(19)seconds
't West,four hundred sixty-three and ninety-
seven hundredths(46 3.97)feet to an iron
r pin at a comer of I of No. 3 on above
e stated plan; thence extending along Lot
1 No. 3 and along lands now or formerly
F of Hampden Indu trial Development
Authority, North twenty-three (23)
4 degrees thirty-two (32) minutes fifty-six
t (56)seconds West,four hundred fifty-two
and twenty-four hundredths(452.24)feet
to a Mag Nail(set)at a corner of Lot No.
4 on above stated plan;thence extending
along Lot No.4 the and re-crossing prior
stated one hundred twenty(120)foot wide
PA Electric Company Right-of-Way the
following two(2)courses and distances:
1)North eighty-six 186)degrees fifty-eight
(58)minutes fifty-eight(58)seconds East,
sixty-nine and nine I iundredths(69.09)feet
to a drill hole;and.2)along a line curving
to the left having a radius of three hundred
twelve and fifty hundredths(312.50)feet,
an arc length of eighty-two and twenty-one
r hundredths(82.21)feet,a chord bearing
r of North seventy-nine(79)degrees twenty-
1 six(26)minutes forty-eight(48)seconds
East,a distance of eighty-one and ninety-
seven hundredths (81.97) feet to a drill
hole along Lot No.4 on above stated plan;
thence extending along Lot No.4 and Lot
No. 1, North seventy-one (71)-degrees
fifty-four(54) minutes thirty-eight (38)
seconds East, one hundred thirty-seven
anr}huNnrir_ninw'.nnd—,44-1111 IM G f
to a drill hole along Lot No. I'thence -
extending along Lot No. I the following
five (5),bourses and distances: 1) on a
line curving to the left having a radius of i
three hundred twelve and fifty hundredths'
(312SO) ket, an arc length of seventy-I
seven and fifty-six hundredths(77.56)feet,f
a chord bearing of North sixty-four(64)1
degrees forty-eight(48)minutes three(03)a
seconds East,a distance of seventy-seven I
and thitty�sitr hundredths(77.36)feet to a
drZ bale;2)North fifty-seven(5 7)degrees
forty-one(41)minutes twenty-eight (28)
seconds East, ninety-one and forty-five
hundredths (91.45) feet to a drill hole;
,trn 3)ou a fine curving to the right having a
radios of three hundred twelve and fifty s
hundredths (312.50) feet, an arc length
of thirty eight and forty-seven hundredths k
(38.47)feet,a chord bearing of North fifty- ww
four(54)degrees nine(09)minutes fifty- i
one(51)aeconds East,a distance of thirty-
eight and forty-five hundredths (38.45)
feet to a drill hole; 4) North fifty (SO) t
degrees thirty-eight(38)minutes thirteen
(13)seconds three and twenty-four.j
hundredths(3.24)feet to a drill hole;and; h
5)on a line curving to the,right having a r
radius of thirty and no hundredths(30.00) 1
feet, an arc length of thirty-three and 1
twenty-eight hundredths (33.28) feet, a
chord bearing of North eighty-two (82)
degrees twenty-five(25)minutes five(05)
Saftfs East,a distance of thirty-one and
r tvndredths(31.6U)feet to a drill ho1r1
abn Tart No. 6 on above stated ,)
h thence extending along Lot No.6,South
y thirty-eight (38) degrees thirty-five (35)
minutes forty-six(46) se-'onds East,,oue
hundred fifty and seventy hundredths
(150.70)feet to a point along hereinb
referred to Airport Road(T-380);thence
extending along Airport Road ('-380
South thirty-two (32) degrees eight
(18)minutes thirty-two(32)seconds inset,.
fifty-three and twenty-two hundredths
(53.22)feet to an iron pin,being the point
and place of BEGINNING.
BEING PART OF the same p
which Mickey W.Nye,a/k/a Mickey**
Nye, a/k/a W. Mickey Nye, a/k/a V"
Mickey Nye, J. Harold Kauffman, aih/a
J.Harold Kaufman,and Frank C.Nye as
Administrators C.T.A,a/k!a Co-Fmcdm the Estate of Frank E. HoOar; Jr,
deceased,by Deed bearing date the 4eh
day of November,2005,and recorded in
the Office of the Recorder of Deedsin 16d
for Cumberland County, Pence,
on the 7th day of the November,20K,U
Record Book 271,Page 4224,graaftd'ahnd
conveyed unto Tod G.Shedlosky andtift
r T.Shedlosky,his wife.
UNDER AND SUBJECT TO resIMM
and conditions as now appeal bf rW rdd.
PARCEL#36-12-320-051
"Xv aiivavn: v:�L1
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M)'UOL#CATION COPY This ad ran on the date(s)shown below:
01/22113
` 01/29/13
-�- 02105113
Sworn to and subscribed before me this 14 day of Febru ry,2013 A.D.
u lic
C 0MIM Wffi NTH OF P004MVMA
Notarial Sal
H*Lyres Warfel,Notary Pubk
Wait T".,bouift County
My Comnftm Dec 14 2016
MEMSEP,PENNMVAIRA A99DQA1'IDN OF NOTAR115