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Home My WebLink About12-7138 t JtVF1•:SSION OF JCIDCMENTJ Case No. 2011-L-53'9_ (' Ii'I27'TIFICATE OI? CLERK Vs. Code §§ 8.0131, 8.01 X33, 8.01-436 8.01-437, 17.1-12d In the Clerk's O[fice of the Circuit Court o! tJbe Connty o! Culpeper, Virgigaia ' CONFES510N OF JUDGMENT' ;.., C`FtEDITOR(S): DEBTOR(S): __ . StellarOne Bsa@' V S. J. Philip Cornett " F/K/A Second $ank 8c Tnta SERVE: 5908 Th:+ee G7topt .Road (c!o R GaiAes'1'avewer, Esq. Ridunond, 23226 :._ , _ - Christian & Batton; L.L.P.. (City of Ricbtttond) - (" i 909 Eeat Majn Stte~et, Ste. 1200 ,:,'; { Richmond, VA 23219) James E. Cotiett, III . SERVE: S42 Lucinda Lana Mechanicsburg, PA 17053-5368 (Cumberland County, PA) I,/we, the abovo-namod debWt(s), acknowledge myself/ounelves, jointly, and aevetally, to ba justly indebted tq and do confsss judgment in favor o~ the abavo-AeroOd eteditoc(s) is the 4atn of 51,281.057.46 (One Mao Ttiv~o Ii~dned EiSt+ty Oee Thaas~~d Ftftv Seven and 46/ L00 Dollaal together with intaeat shesnotr at the rata of !I O.75Ye per atmum fcnm jay 14.2011 until paid and Door of this proceeding .(plus the attotney'a fees end collection fees provided for in the inatrumant on which. the Pig is based) hereby waiving Ary/ova Iwmmtead exanptionr as io die ssme, provided the insirumeAt on which the proceeding is based arriex such homestead waiver. Given under my/our lmnd(a) this day.. ;i. PhI11n Cornet (~) Ju1y~-e~ ..2011 (~) COSTS STA'T'EMENT ~ (~) S25.OQ Writ Tsx yy (~) ST.1~,Q4 Clerk's Foes , Attornry-In-Fact 55.00 Doclcetiag Fee SIQ..QQ._ TochnOlOgy Ttt7at FttAd _ _ _~_ Power of Attorney IA Debt tnst<utneAt 512.00 Sheriff's Fee Sepaeates Power of Attornry Document S~ . ~ Regisoetnd/Cerdfied Mail 59.00 _ Legal Aid Foe S Loa Indigent Defeuaa Fund S _ Courtikause ConniucdoA Fce 54.00 Lew LibtaryJCorAthoase Maintananoe Fee S 10.00 Coca Teclutology Fund C&A'I'IFICATS OF CLLrIERIC The foregoing jndgAlmt was confessed before the in my oBioe oA the date and time ahowA blow and entered of ceoord, also as shown betow: 3uly 28, 201 I @2:41 PM Order Book No. Page No. DATE AND TIIyjE OF CONFESSION Insttuntertt No. 11111000 i 3 T6 Attached to this Cattfesaiott of Judgment at+~ (~ Debt ittatrumanla oot[taiAimg a power of attotrley _ -tan t ~ ~ _i _ CorA n Clerk [ ] Separate Power of Attotvay , [ ] ~~ Debt Instnttnent by ~Z ~ _ e TY' ~ ~ i'Y't tT~t l EPIJTY CLERK sas wortce To t ox rwcre Two t~ Two IiORM CC-1420 1 k/09 ~~# 4 $~ 9 2~ ~ . ~e~ l~o~~ ~ NOTICE TO DEBTOR ~ 8.a1-433. settles adde f ttdpsents eoufesscd Bader ~8.o1~t32. -Any judgment confeasoa under the pxvvisioaa of rs 8.0132 may be net aside or mdaced upon motion of the judgment debtor made within twent}R-onc days following notice to bias that such judgment has been enterod sgaiaat hiim. and after twenty-one days notice to the judgment creditor or cieditars for whom the judgment was confessed, on anyr ~o,:od which would Dave been an adequate defeme ar setoff is an action at law instituted upon the judgment creditor's note, bond or other evideaCe of debt upon which such judgment was confessed. Whenever any such judgment is set aside or modified the case shall be placod on the trial docket of the court. and tba proceedings tberoan shall thcreaRer be the same as if an action at Lw bad bees instituted upon the bond, note ar other avicle:tcp of debt upon which judgment was confessed. ,ARer such case is so docloeted the wart shall make such order as to the P4 ~~ P~~tts and coax as to the court may seem just. ~JAL.iDATE. CAGE PAPERS ~~ ".1~IQt~C110Qbi ;,n-t. ~ n~,28rt~ •rr~tr' 14.38 CASE 047C~11ti0Q539-QO ACC'i S~'Et1AR QNE BAIVl~( A"ET. ~36~. ~ ViRfINI~i z~-I TIE CLE'RK'S i~FFICE QF CULPEPER i~7I2~IZQ11 AT ~i2:41PIM Cor,~esst~d ~ I,>~6~1~=J~1~/~~ ~2 iQOCi2,376 WA5 QOCK£TE17 _~#'C~l ~~ERTIFICATION QF ACKNOW~T ti NEB E C' AN~iEXEDt A[}~lITTED TO RECORD. r; ~E ~= Ez IiMPQSED SY SEC. 17.1-275 t 17 f ~~ T~H~ VIR~I>~IA D4DEe HAS BEEN PAID. ~s ~ ~: ,lAh4ICE ~ . c~R$i~, ci_E~r FARM t7C-143o (MA.41'ER. PAQE'I1~V0 OF'1yV0) 111D6 Service iasuad 6-2$-11 VIRGINIA !N CUl PAPER COL'PdTY CIRCUIT COURT ~ E I ~ ~I<TIEY T .i,.1 1 H OCU\~iC'•;T TO U~H1CH T'rjl~ \ ~ ~'r1E~;TIC ~\TION IS ? `~ `,r C= IS H TRUE GDf Y OF ~'r?ECORD IN THE Cur ~ Ei%i fl ~J'JN1Y CIRCU COURT,T[iA1 I H~VECUSiIDYCF SAID REC~_~J •'H~ ~tRLCORD. THE ChS~iOCIA?d mil` 1~,..=+ GIVEN Ut~!DER P,qY HAN[) A THE S'tAL OF ~`NE C T, THIS ~~ DAY OF TES ~• JAP~iI J. CORE+N, CLERK DEPUTY CLERK BY: PENNSYLVANIA; IN THE CIRCUIT COURT FOR CUMBERLAND COUNTY STELLARONE BANK f/k/a SECOND BANK & TRUST Plaintiff, v. J. PHILIP CORNETT and JAMES E. CORNETT, III Debtors, Case No.: AFFIDAVIT IN SUPPORT OF RECORDING FOREIGN JUDGMENT PURSUANT TO TITLE 42, SECTION 4306(C)(1) OF THE PENNSYLVANIA CONSOLIDATED STATUTES COMMONWEALTH OF VIRGINIA, CITY OF RICHMOND: Before me this day came Jennifer M. McLemore, who first being duly sworn, stated as follows: 1. My name is Jennifer M. McLemore. I am a member of the Virginia State Bar. My bar number is 47164. I am a partner at the firm of Christian & Barton, LLP, a Richmond, Virginia, law firm. I have personal knowledge of the facts in this Affidavit. 2. I make this Affidavit in support of the request by StellarOne Bank f/k/a Second Bank & Trust to record a foreign judgment in the form of a Confession of Judgment entered by the Circuit Court of the County of Culpeper, Virginia on July 28, 2011. 3. The name of the judgment debtor is James E. Cornett, III. Mr. Cornett's social security number is 227-88-8341. Mr. Cornett's last known address is 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055. His last known business address is 2120 Staples Mill Road, Suite 300, Richmond, Virginia 23230. 4. Mr. Cornett has property located in Cumberland County, Pennsylvania at the following address: 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055. 5. The address of the judgment creditor herein is StellarOne Bank f!k/a Second Bank & Trust, 3900 Westerre Parkway, Suite 203, Richmond, Virginia 23233. 6. The July 28, 2011 judgment entered in the above-captioned matter by the Circuit Court of the County of Culpeper, Virginia is valid, enforceable, and unsatisfied. ~~ Je i M. McLemore Christian & Barton, LLP 909 East Main Street, Suite 1200 Richmond, Virginia 23219 COMMONWEALTH OF VIRGINIA CITY/E9~3NT'Y OF RICHMOND: TO WIT: Th aforesaid instrument was acknowledged before me this 20th day of November, 2012, byf.~P.u^M~ M. WI L~ (iY.2, ,counsel for StellarOne Bank f/k/a Second Bank & Trust, on behalf of the Bank. My commission expires: ~ ~ 30 ~ o?O ~,S Registration No.: o~ 04.3 ~ ~~~eu i ti~ir ~~ ~. - •~ ~~~ ~ c ~,., ~ ~ 2. •. ~. ~ , ate' ,.• c;. 133273 l ~~~' i~~ i a i ~~; 3av ~~'~~~ ~ .(..d A 4 Y ~--- ' ~ / L Q.t /1 NOTARY PUBLIC 2 7 STELLARONE BANK, f/k/a Second : IN THE COURT OF COMMON PLEAS Bank& Trust : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 12-7138 cr ra LID J. PHILIP CORNETT : Civil Action JAMES E. CORNETT, III ' c-- =n� SPECIFIC RELEASE OF JUDGMENT LIEN -< CO TO THE PROTHONOTARY: c KNOW ALI,PERSONS BY THESE PRESENTS,that the Stella.rOne Bank f/1c/a Se c pnd-�-' Bank & Trust, Plaintiff in the above captioned matter, for value received and intending to be legally bound hereby, does hereby release the following real property from the effect and operation of the lien of the judgment entered in the above captioned case (the "Lien''): ALL THAT CERTAIN tract of real estate lying and being situate in Monroe Township, Cumberland County,Pennsylvania;known as 542 Lucinda Lane,Mechanicsburg, Cumberland County, Pennsylvania, as more fully described in Exhibit"A" attached hereto and made a part hereof. Nothing contained herein is intended to effect the validity of the Lien as to any other property or assets of the Defendants, nor shall the execution of this Release extinguish the obligation which underlies the Lien. fL INf TESTITMONV WHEREOF, this Release has been duly executed this t� day of 2013. TI :C,L IZONE B Attorney for Plaintiff, StellarOne Bank r EXHIBIT A ALL THAT CERTAIN tract of land,situate in the Towriship of Monroe. County of Cumberland, and Commonwealth ol'Pennsylvania. being more particularly bounded and described.as follows, to wit: BEGINNING at a point marked by a pin on the southernmost dedicated right-of-way line of Lucinda Dane; said pin marking the common point of ad.joiner of Lots i#18 and #19 on the hereinafter mentioned plan with said right-of4vay line; thence extending along the southernmost dedicated right-of-way line of Lucinda Lane by an arc or curve to the left having a radius of two hundred trvent -five(225)feet.a chord of one hundred ninety-seven and sixty-eight hundredths (197.68) feet on a bearing South seventy-two (72) degrees owenty-four(24)minutes fifty-three(53)seconds Last, for an arc length of two hundred four and sixty-six hundredths(204.66)feet to a point on said dedicated right-of-way line;thence departing from Lucinda Lane, and extending South seventeen (17) degrees thirty-t1vo(32) minutes forty-one (41) seconds West.. for a distance of three hundred eighty-five and nineteen hundredths (385.19) feet to a point marked by a pin in the bed of the Yellow Breeches Creek; thence extending in and through the bed of the Yellow Breeches Creek, North eighty-six (86) degrees forty (40) minutes twenty-four (24) second West, for a distance of two hundred forty-three and ninety-one hundredths (243.91) feet to a point in said Creek at lands now or formerly of'Ashcombe Dann Dairy, Inc.; thence North fourteen (14) degrees forty-three (43) minutes We,,,t one hundred three and nine hundred twenty thousandths(103.92 0)feet(erroneously omitted from deed of prior record)to a point;thence departing from the bed of the Yellow Breeches Creek,and extending along last mentioned lands,North fourteen(14)degrees forty-three(43)minutes three(03)second;Vtirest,through a concrete monument set a distance of one hundred seven and eight hundred seventy-eight thousandths(107.878) feet from the terminus of this call, fora total distance of two hundred thirty-eight and seventy-nine hundredths (238.79) feet to a steel pin at Lot #18 on the hereinafter mentioned plan; thence extending along Lot #18. North. fifty-five (55)degrees fifty-eight(58) minutes ten (10) seconds East, for a distance of three hundred eighty-four and sixty-one hundredths (384.61) feet to a point marked by a pin on tine southern inL'st dedicated right of way line ofl.ucinda Lane. said point marking the place of BEGINNING. CONTAINING 3.434 acres, and being designated as Lot #`l 9 on a final plain of subdivision of Duffield Crossing -- Phase I1, prepared by Thomas E, Shelly; R.S.. dated October 1999, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in flan Book 79, at page 150. BEING the same premises which I-Iarry 1-1. Fox. Jr. and Anti G. Fox, husband and «ife,by Deed dated July 18,2003,and recorded July 24,2003,in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania.. in Book 258, Page 1389. granted and conveyed unto Janes 1?. C'ornett, 1II. single man. in fee.